The other party cannot be required to bear the attorney fees in labor dispute litigation.
Currently, only Shenzhen can require the other party to bear attorney fees, up to a maximum of 5,000 yuan. If the labor worker provides an agency contract signed with the law firm and a formal invoice issued by the law firm for the State Administration of Taxation's fees, the arbitration committee will support the attorney fees in proportion to the labor worker's success in the case.
Regulations on the Promotion of Harmonious Labor Relations in Shenzhen Special Economic Zone
Article 58: If the worker wins the labor dispute arbitration or litigation case, the legal fees paid by the worker may be paid by the employer The unit shall bear the cost, but the maximum shall not exceed 5,000 yuan; the part exceeding 5,000 yuan shall be borne by the employee.
.p>Charging methods:
Based on different service contents, lawyer service fees can be based on piece-rate fees, proportional fees based on the target amount, hourly fees, and risk agency fees.
Regular charges:
1. Regular charges are set with reference to the level of the litigation procedure. The litigation procedure is a "second instance" system, that is, the litigation is divided into the first instance stage and the second instance stage. The first instance of a lawsuit is the first instance. If one party is dissatisfied with the judgment or ruling of the first instance, it can be submitted to the second instance. The judgment of the second instance is final and is generally not allowed. The second-instance judgment is final and no further litigation is generally allowed.
2. But in reality, there is an enforcement procedure after the judgment. That is, if the other party fails to fulfill the contents of the judgment after the judgment, the other party applies to the court to enforce the other party’s property to realize the contents of the judgment (i.e. the usual seizure , seizure of property). Correspondingly, the collection of attorney fees also has a three-stage plan: first-instance fees, second-instance fees, and execution fees.
3. It should be noted that the "Guangdong Provincial Government Guidelines for Lawyer Services" does not stipulate the fee guidance standards for the execution stage, so in reality the fees are generally negotiated, or included in the first and second instance fees. , which is equivalent to exempting the charges at the execution stage. The "Litigation Fee Calculator Lawyer Fee Calculator" on this site uses the conventional charging model for calculation.
Baidu Encyclopedia - Lawyer Fees