Lawyers are not good: the lawyers' association's decision on the implementation of lawyers' social insurance and minimum wage

Notice on the Implementation of the Decision on the Implementation of Lawyers' Social Insurance and Minimum Wage Guarantee

District and county (autonomous county) Legal Work Committee, law firms:

In order to further implement the requirements of the All-China Lawyers Association's Guiding Opinions on Law Firms Implementing the Labor Contract Law of the People's Republic of China to Protect lawyers' Minimum Wage Rights and Interests (Lufatong [2014] No. 30) and the Guiding Opinions on Supporting the Development of Young Lawyers (Lufatong [2018] No. 5), and the Chongqing Lawyers Association's Guidelines for chongqing Lawyers' Social Insurance and Minimum Wage Protection Industry (Yu Lufa [2016] No. 29), and to regulate the labor-employment relationship in the legal profession, To protect the lawful rights and interests of law firms and lawyers, in November 2021, the 26th meeting of the Board of Directors of the Chongqing Lawyers Association voted to pass the "Decision on the Implementation of Lawyers' Social Insurance and Minimum Wage Guarantee", and the relevant operational details in the implementation process are hereby notified as follows for reference.

I. Guiding Ideology

All law firms should attach great importance to lawyers' social insurance and minimum wage guarantees, and in accordance with the provisions of the Labor Law, the Labor Contract Law, the Lawyers Law, and other laws and regulations, standardize the management of wage payments in the legal profession in accordance with the law, ensure lawyers' right to obtain minimum labor remuneration in accordance with law, and pay lawyers five social insurances for old-age pension, medical care, unemployment, work injury, and maternity in accordance with the law, so as to promote the sustainable development of lawyers' careers.

2. Minimum wage standards in Chongqing

At present, the minimum wage standard in Chongqing implements a two-grade system, namely Wanzhou District, Qianjiang District, Fuling District, Yuzhong District, Dadukou District, Jiangbei District, Shapingba District, Jiulongpo District, Nan'an District, Beibei District, Yubei District, Banan District, Changshou District, Jiangjin District, Hechuan District, Yongchuan District, Nanchuan District, Qijiang District, Dazu District, Bishan District, Tongliang District, Tongnan District, Rongchang District, Kaizhou District, Liangping District, Wulong District and other 26 districts and Liangjiang New Area, Chongqing High-tech Zone, Wansheng Economic Development Zone Staff Minimum monthly wage standard is 2100 yuan / month.

The minimum monthly wage standard for employees in 12 counties (autonomous counties) including Chengkou County, Fengdu County, Matjiang County, Zhong County, Yunyang County, Fengjie County, Wushan County, Wuxi County, Shizhu County, Xiushan County, Youyang County, and Pengshui County is 2,000 yuan per month.

Third, the implementation method suggests the path

Law firms shall conscientiously perform their labor legal obligations, establish and improve relevant minimum wage payment guarantee systems, clearly stipulate the relevant content of minimum wage payment with lawyers in employment contracts, lawfully protect the lawful rights and interests of lawyers and practitioners in obtaining corresponding labor remuneration, and ensure that the monthly minimum wage is paid monthly. Law firms with different types of development models and distribution mechanisms may implement minimum wage standards in light of actual conditions and with reference to the following methods.

(1) Law firms that focus on the distribution of commissions

Law firms that implement the commission system may, in consultation with lawyers, reasonably determine the wage base on the basis of the minimum wage, and increase or decrease the percentage of the commission that should be increased or decreased within a reasonable range. Depending on the source of remuneration of commissioned lawyers, the minimum wage protection system may be implemented in several ways, including but not limited to the following.

1. Where the partner bears the salary of the team lawyer by himself, it is recommended that it be adjusted to be deducted from the partner's income ledger after the law firm uniformly pays (issues) it for the lawyer every month.

2. For commission lawyers who do not have independent practice under the name of the partner team, the law firm shall first pay a monthly advance salary of not less than the minimum standard, and then settle the settlement quarterly, semi-annually or annually. At the end of the year, if the lawyer's total annual commission is lower than the total amount of the minimum monthly wage paid, it is not appropriate for the law firm to request a refund of the difference.

3. Where lawyers implement or change the distribution mechanism to add a commission to the basic salary, the monthly wage paid is not lower than the minimum wage standard in Chongqing.

(2) Law firms that are paid salaries to all employees

Law firms under the full payroll system uniformly pay lawyers, and the monthly salary paid should not be lower than the minimum wage standard in Chongqing Municipality.

(3) Law firms that mainly collect or rent office card space (public space) fees and management fees

Law firms should pay lawyers a monthly salary not lower than chongqing's minimum wage, and it is not appropriate to request a refund for various reasons.

4. Other matters

1. Law firms shall refer to lawyers to enforce the application for lawyer practitioners (hereinafter referred to as "intern lawyers") and pay wages not lower than the minimum wage standard in Chongqing.

2. The Municipal Lawyers Association guides law firms to perform their role as the basic management unit of the employer for lawyers. When hiring lawyers, it is necessary to carefully calculate labor costs, reasonably determine recruitment thresholds or standards, and avoid hanging certificates (pending orders) Lawyers bring unnecessary costs and pressures to law firms due to changes in industry employment supervision policies. Focus on supporting and cultivating young lawyers, strengthening the training and management of lawyers, encouraging lawyers to feed back to law firms after they grow up, enhancing the cohesion between law firms and lawyers, reasonably balancing the interests of all parties, and seeking high-quality development.

3. For law firms that implement commission distribution, if the law firm's labor costs increase after changing to the basic salary plus commission, and the lawyer is invited to appropriately reduce the commission ratio, the lawyer should understand and the two sides should negotiate a new distribution ratio in a friendly manner.

4. On the 30 days before the annual evaluation of law firms each year, the lawyers association cooperates with judicial administrative organs to randomly inspect 20%-30% of law firms to check whether the law firms have conscientiously implemented the relevant situation of the Ministry of Justice on the minimum wage standards for lawyers. During the spot check, the law firm has the right to request the law firm to submit the flow slip of the monthly salary issued by all lawyers through the bank in the previous year, as well as the list of monthly social security payments, and if it cannot be provided or cannot be proved to have been implemented in place, it shall be implemented in accordance with articles 10 and 11 of the 2016 Chongqing Municipal Guidelines for lawyers' social insurance and minimum wage protection industry.

5。 This Notice does not apply to filing partners, part-time lawyers, public lawyers and corporate lawyers.