What is the nature of the internship agreement between the trainee solicitor and the law firm?

The internship agreement is different from the labor contract signed between the employee and the enterprise, and should belong to the labor contract, after all, the intern has to provide certain labor services for the trainee lawyer, but on the other hand, the intern gets experience in handling cases, not money. It differs from an employment contract in the following ways:1 The legal nature is different.

The labor contract is the basis for establishing the labor relationship, and belongs to the scope of adjustment of the Labor Law and the Labor Contract Law. The labor contract is the basis for the establishment of civil and economic legal relations, and belongs to the scope of adjustment of the Civil Law and the Economic Law. 2 The requirements of the subject of the contract are different. The subject of the labor contract is the employee and the employer; There are no special requirements for the subject in the labor contract.

3 The status of the subject of the contract is different. After the employment contract is signed, the employee becomes a member of the employer; There is no such subordination between the subjects of the employment contract. 4 The contents of the contract are different.

A party to the labor contract and the employer shall provide the employee with labor conditions and labor insurance supplies that comply with the provisions of the state; There is no such provision in the employment contract. 5 The principles for determining remuneration are different. In the labor contract, the employer pays labor remuneration according to the quantity and quality of labor and the relevant provisions of the state, reflecting the principle of distribution according to work. The labor service in the labor contract is paid according to the market principle of equal compensation.

Therefore, the internship agreement should not be adjusted by the Labor Law, but by the Lawyers Law, and there is no confrontation between the Rules for the Administration of Internship for Lawyers and Practitioners (for Trial Implementation) and the Labor Law.

The internship agreement has all the terms of the employment contract and is an employment contract.

It can be seen from the fact that interns are subject to the management of the law firm, that the lawyers work under the arrangement of lawyers, and that the law firm should provide remuneration and social insurance for the interns, that there is a labor contract relationship between the two parties.

1. According to your question, I think that trainee lawyers are generally an agreement for college students majoring in law to work in law firms;

2. The agreement indicates that the law firm accepts you as an intern in the law firm, and clarifies the rights and obligations of both parties, which is also binding on both parties to the contract;

3. Since you have not yet graduated, the law firm cannot sign a labor contract with you and will not pay you social insurance premiums; If it is a college graduate, it is a worker, and the law firm should sign a labor contract for the employee.

1.Lawyers Law of the People's Republic of China

Article 46: Lawyers associations shall perform the following duties:

5) Organize and manage internship activities for applicants for lawyer practice, and conduct evaluations of interns;

The professional norms and disciplinary rules drafted by lawyers associations must not contradict relevant laws, administrative regulations, or rules.

2.Law firms cannot require trainee lawyers to pay internship fees, nor can they unilaterally request an agreed service period.

Trainee solicitors cannot be required to pay the internship fee and cannot agree on the duration of their service.

Of course, you are willing to pay the fee, the instructing lawyer will definitely tell you more, less detours, if you are just attached to it, no one to guide, the one-year internship period will soon pass, and you really understand how much the lawyer industry, in fact, this kind of question is not raised, this question is a bit like the bar association requires lawyers to pay an annual fee for registration every year is a reason, the bar association collects so much fees for lawyers to do something, what do you do for trainee lawyers, but the responsibility of training trainee lawyers is counting on the law firm, is it possible.

Trainee solicitors are not the same concept as trainee students.

There are two cases:

1. Student status, the purpose of entering the law firm is to study, and this kind of internship does not belong to labor relations;

2. You are a social talent, you have passed the exam, and then you need to work in a law firm for one year to get a licensed lawyer's certificate. In this case, the subordinate is in labor relations.

As a lawyer, you have to check the law more. Labor Contract Law

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

Hello, you can stipulate the service period in the internship agreement, and the liquidated damages are also acceptable, which is also adjusted by the labor contract law, and if you leave before four years, you will have to pay liquidated damages. I also studied law. Hope it helps, hehe.