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Publication date: 22.04.2024
Лоер
Drafting contracts: the role of a lawyer in a complex process
In modern business, the development of contracts is a key element of successful activity. This process includes not only the technical side of drafting documents, but also requires in-depth knowledge of legal aspects and careful risk analysis. In this article, we will look at the role of a lawyer in drafting contracts and the key aspects of this process.
Development of contracts: main stages
One of the main forms of establishing labor relations is an employment contract.
An employment contract is an agreement between an employee and an employer, according to which the employee undertakes to perform the work specified in this agreement, and the employer undertakes to pay wages and provide the necessary working conditions in accordance with the legislation, the collective agreement and the agreement of the parties. The employment contract may establish conditions for the performance of works that require certain qualifications, as well as conditions for works that do not require special qualifications.
Parties to an employment contract can be:
employee;
the employer, which can be a legal entity (enterprise, institution, organization) or an individual engaged in entrepreneurial activity;
self-employed persons such as private notaries, lawyers, doctors and others.
According to legislation, a collective agreement or an agreement between the parties, an employee has the right to work at several enterprises, institutions or organizations at the same time. This means that he can conclude one or more employment contracts.
Gathering Information: Before starting work on the contract, it is necessary to collect all the necessary information about the parties to the agreement, their needs and expectations.Drafting of documents by a lawyer involves careful analysis of every aspect of the agreement.
An employment contract can be concluded in two forms: oral and written.
According to the legislation, the written form is mandatory in the following cases:
with an organized recruitment of employees;
when concluding a contract for work in areas with special natural conditions or conditions of increased health risk;
when concluding a contract;
if the employee requires a written form;
when concluding a contract with a minor;
when concluding a contract with an individual;
when concluding a remote (home) work contract;
when concluding a contract with non-fixed working hours;
in other cases provided for by the legislation of Ukraine.
A contract is a special form of an employment contract. The contract may establish conditions regarding the term of validity, rights and obligations of the parties, terms of termination, as well as conditions for material support and organization of the employee's work. The procedure for concluding a contract is regulated by the Regulation on the procedure for concluding contracts when hiring employees.
Formulation of Terms: Clear and unambiguous wording of the terms of the contract is an important aspect of the process. The lawyer is responsible for creating conditions that reflect the interests of the parties and take into account all legal aspects.
Negotiation and Conciliation: In this phase, the lawyer represents the interests of his client during negotiations with the other party. It is important to reach mutually acceptable agreements and agree on terms that satisfy both parties.
Preparation and Signing: After agreeing on the terms of the contract, the lawyer is responsible for the preparation of the final version of the document and its signing by the parties.The role of a lawyer in the development of contracts
In the process of drafting contracts, the lawyer performs the following tasks:
Legal Analysis: He conducts a comprehensive analysis of the legal aspects of the deal and identifies potential risks for his client.
Drafting of Contracts: The lawyer is responsible for creating the text of the contract, taking into account all the conditions agreed with the client and the other party.
Negotiations: He represents his client's interests during negotiations and helps to reach mutually acceptable agreements.
Legal Support: After the conclusion of the contract, the lawyer provides legal support to his client and resolves any disputed issues that may arise.
Conclusion
Drafting contracts is a complex and responsible process that requires professional expertise and attention to detail. The role of a lawyer in this process is invaluable, as he ensures legal protection and stability of deals for his client.
