1. Calculated according to the amount of the litigation object: The lawyer's fee for labor litigation is generally determined according to the amount of the litigation object. Cases involving property can be charged by percentage, such as 5% to 6%. This method requires the parties to pay a certain agency fee first, and even if they lose the case, they can't refund the fee.
2. Risk agency fee: When handling legal cases involving property relations, the law firm can implement risk agency after consultation with the client. The risk agency fee shall be agreed by both parties, but the maximum shall not exceed 30% of the subject matter agreed in the contract. This payment method, the law firm and the parties bear the risks. If the lawsuit is lost, the agency fee will not be paid.
3. Lawyer's fees in Jiangsu Province: In Jiangsu Province, lawyer's fees are determined according to the nature, difficulty and workload of the case. In general, the lawyer's fee is charged according to the percentage of the litigation object, and the specific proportion is determined by both parties through consultation. For complicated and difficult cases, the lawyer's fees can be fixed, collected by stages or according to the workload.
4. Charge according to the stage of the case: the lawyer's fee for labor litigation can be charged according to the different stages of the case. Such as pre-negotiation, mediation, arbitration, litigation and other stages, each stage has different charging standards. This way allows the parties to pay the fees gradually according to the progress of the case, which is convenient for controlling the cost.
5. Time-based charging: Some law firms adopt the time-based charging method, that is, the fees are calculated according to the lawyers' working hours. This charging method is suitable for long time and heavy workload. Time charging standards are generally set by law firms themselves, but they must follow industry norms and laws and regulations.
Characteristics of labor litigation:
1. Particularity of the parties: The parties to a labor lawsuit must be both parties to the labor relationship, namely the employer and the employee.
2. Specificity of litigation object: The litigation object of labor litigation is the relationship between the rights and obligations of both parties to labor relations, that is, the employer shall pay labor remuneration and social insurance premiums. For laborers, laborers shall perform their labor obligations to the employing units.
3. Specific claims: claims in labor litigation must be claims related to labor relations, such as demands for payment of labor remuneration, social insurance premiums, economic compensation, compensation, etc.
4. Specific litigation procedures: The litigation procedures of labor litigation are different from ordinary civil litigation procedures. For example, labor arbitration is the pre-procedure of labor litigation, and labor dispute cases are the first instance and the final instance.
5. Specific legal application: The legal application of labor litigation mainly includes labor laws and regulations such as People's Republic of China (PRC) Labor Law and People's Republic of China (PRC) Labor Contract Law.