What is a legal consultation contract?

If the legal adviser is employed between units as employees of the company, it is a labor contract. If a part of the affairs (such as legal affairs) are handled by legal counsel, it is agreed that they will be handled by legal counsel, and no labor contract relationship will be formed, it is an entrustment contract. A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.

Service contract is a kind of entrustment contract. An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs. Legal service contracts can be classified into different contract types according to the specific contract contents. First, if the contract stipulates that a law firm will handle relevant matters for the parties to the contract, such legal service contracts are one kind of entrustment contracts. Second, if it is stipulated in the contract that the law firm only provides legal advice to the parties to the contract on a specific issue, this kind of contract is a consulting service contract, and similar provisions in the Civil Code or other laws can be applied.

legal ground

Article 9 19 of the Civil Code of People's Republic of China (PRC) defines an entrustment contract as a contract in which the trustor and the trustee agree that the trustee shall handle the affairs of the trustor.

Labor law of the people's Republic of China

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.

Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.