Job description of a legal adviser. Job description of a legal counsel for contract work Job responsibilities of a legal counsel for judicial work
What can a specialist work with, whose position is not in any reference book or professional standard?
From the article you will learn:
Responsibilities of a specialist in contractual work
Job responsibilities specialist in contractual work, depending on the characteristics of the production activities of the organization-the employer may vary significantly. In one company, this employee will only take into account the concluded contracts, in another - to carry out all the work to support the negotiation process and the further execution of contracts, and in the third - to lead in addition to that. claim work.
As a rule, contractual work has two directions - economic and legal. Accordingly, persons with economic or legal education are accepted for such a position. Since the activities of a contractual work specialist are very diverse, it is extremely important to clearly and clearly define the scope of his duties in your company and fix it in the job description in order to avoid disputes and misunderstandings.
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A complete directory of job descriptions for all industries.
The responsibilities of a contractual professional may depend, among other things, on the structure of the organization. For example, a significant part of contract work can be divided between employees of the economic and legal department, who perform them as current tasks, and a contract work specialist is entrusted with coordinating their activities and accounting for contracts concluded. In case of large volumes of contractual work, an independent contractual department can be created, including the necessary specialists.
Download related documents:
Obligations of an economist for contract work
An economist engaged in contractual work can fulfill obligations to support the conclusion and execution of contracts, for example:
preparation of contracts for conclusion: selection of contractors, participation in negotiations with them, calculation of the cost of contracts, agreement of contractual documents;
maintaining a register of concluded contracts, monitoring the terms of their validity, preparing proposals for extending contracts or concluding new ones;
control over the execution of concluded contracts: control of contractual documentation, preparation of reports on concluded contracts, reconciliation of settlements with counterparties;
work with violations of contractual obligations: identification of current debts, preparation of claims correspondence, collection of documents for litigation.
Responsibilities of the economic direction of contract work can also be gleaned from the position containing the position of "economist for contract and claim work." Despite the narrow specialization (work is provided only with construction contracts), these responsibilities can be reformulated more broadly. In particular, the duties of an economist include:
- preparation of work contracts, verification estimate documentation for the construction of facilities, cost calculation, accounting of work performed and registration of delivery certificates,
- checking the estimate documentation received from the customer, preparing opinions on its quality,
- calculating the cost of work performed, calculating the necessary costs,
- accounting of work performed and paid by the customer,
- participation in the study and analysis of the state and selection of the most profitable service markets,
- performing calculations economic efficiency introduction of new equipment and technology, labor organization, rationalization proposals and inventions,
- preparation of the necessary documentation for consideration of claims,
- preparation of materials for consideration controversial issues with contractors and more.
Obligations of a lawyer in contractual work
As for the legal direction in contractual work, it is focused exclusively on legal support this process... For small volumes of work, it can be performed within the current activities of the legal department. If there is a corresponding need, a separate lawyer, and sometimes a whole legal unit, can be allocated to conduct contractual work.
The task of a lawyer in contract work is to ensure the validity of the concluded contracts and to minimize the risks of their non-fulfillment. Such a specialist can be instructed to:
- checking the reliability of counterparties (collecting information about financial situation, participation in litigation, enforcement proceedings, and so on),
- verification of the authority of the person signing the contract on behalf of the counterparty,
- revealing additional conditions to conclude an agreement (for example, the need for approval of the transaction by the governing bodies parties to the contract),
- analysis of draft agreements for compliance with the current legislation and the interests of the organization, preparation of proposals for changing the texts of agreements,
- development of standard forms of contracts used in the activities of the organization,
- claim work for violations of contractual obligations.
Depending on the distribution of work in the organization, the lawyer may also conduct legal work to protect the interests of the company in case of violations of contractual obligations, if such work is not assigned to a separate department or is not outsourced to external specialists.
Job description of a contract department specialist
The job description of a specialist in contractual work is the main document that fixes the range of duties of an employee in a particular organization. It is composed of traditional sections:
- general provisions, which prescribe:
- the procedure for appointment to the position,
- to whom the specialist is subordinate;
- qualification requirements to the applicant for the position (level of education, work experience, etc.),
- a list of documents, knowledge of which is necessary to work in the position;
- labor function (job responsibilities):
- list of duties performed by a specialist,
- knowledge, skills and abilities that he must possess;
- employee rights;
- his responsibility.
If necessary, it is allowed to include additional sections in the job description (links by position, interaction with departments, the procedure for revising instructions, etc.).
I APPROVE:
[Job title]
_______________________________
_______________________________
[Name of company]
_______________________________
_______________________/[FULL NAME.]/
"______" _______________ 20___
JOB DESCRIPTION
Legal adviser for contract work
1. General Provisions
1.1. This job description defines and regulates the powers, functional and job responsibilities, rights and responsibilities of a legal adviser for contract work [Organization name in the genitive case] (hereinafter - the Company).
1.2. A legal adviser for contract work is appointed and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the Company.
1.3. The legal adviser for contract work is classified as a specialist and reports directly to the head of the legal department of the Company.
1.4. Contractual Legal Counsel is responsible for:
- timely and high-quality performance of tasks for their intended purpose;
- compliance with the performing and labor discipline;
- safety of documents (information) containing information constituting a commercial secret of the Company, other confidential information, including personal data of the Company's employees, entrusted to him in order to properly perform the tasks assigned to him;
- compliance with labor safety measures, maintaining order, compliance with fire safety rules at the assigned work site (workplace).
1.5. A person who has a higher professional education without presenting requirements for work experience or secondary vocational (legal) education and work experience in positions replaced by specialists with secondary vocational education for at least 5 years can be appointed to the position of a legal adviser for contract work.
1.6. V practical activities Legal counsel for contract work should be guided by:
- local acts and organizational and administrative documents of the organization (enterprise), regulating the work of the management apparatus;
- internal labor regulations;
- rules of labor protection and safety measures, ensuring industrial sanitation and fire protection;
- instructions, orders, decisions and instructions of the deputy director for management-office-manager;
- this job description.
1.7. A legal counsel for contract work should know:
- legislative acts regulating the production, economic and financial activities of the organization;
- normative legal and normative methodological acts on the activities of the management apparatus, legal support of the Company's activities;
- instructions, rules and recommendations for the organization of office work, legal consulting, regulations of the management apparatus;
- fundamentals of labor and civil legislation, law enforcement practice of the judiciary, state labor inspection bodies;
- the organizational structure of the Company, the scheme of interaction between the management apparatus and the divisions and officials of the Company, other organizations (enterprises, institutions) with which the Company maintains partnerships;
- the order of systematization, accounting and maintenance of legal documentation;
- tasks assigned to him, their content, opportunities for solving these tasks;
- used in work software processing of documented information, information and reference (information retrieval) systems of legal support;
- internal labor regulations;
- computer facilities, communications and communications;
- rules and norms of labor protection.
1.8. During the temporary absence of the legal adviser on contractual work, his duties are assigned to [the name of the position of the deputy].
2. Job responsibilities
A legal adviser for contract work is obliged to perform the following labor functions:
2.1. Ensure timely and high-quality execution of assigned tasks in strict accordance with the approved work procedure.
2.2. Develop drafts of legal documents, including draft agreements, agreements, contracts.
2.3. Provide methodological guidance to contractual work in the organization, provide legal aid divisions and officials in the preparation and execution of contractual documentation.
2.4. Vize all contracts, agreements, contracts sent for signature (approval) to the director of the organization concerning the maintenance (establishment) of partnerships and business contacts by the organization, the implementation of production and financial and economic activities.
2.5. Participate in the preparation of substantiated answers to claims and complaints received by the organization.
2.6. Prepare materials on embezzlement, waste, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to an arbitration court, investigative and judicial authorities.
2.7. Maintain a record of ongoing and completed court and arbitration cases.
2.8. Participate in the development and implementation of measures to strengthen contractual, financial and labor discipline, to ensure the safety of the organization's property.
2.9. To study, analyze and summarize the results of the consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop proposals for optimizing production and economic financial activities organizations.
2.10. Conduct a legal examination of materials on attracting employees of the organization to disciplinary and material responsibility for their validity and compliance with the law.
2.11. Exercise control over the timely submission by units and officials of certificates, calculations, explanations and other materials for preparing responses to claims.
2.12. Together with divisions and officials, prepare proposals for amending existing local acts and organizational and administrative documents on production, financial and economic activities, cancellation of invalid acts (documents).
2.13. Carry out work on the systematization of existing legislative and regulatory legal acts, make notes about their cancellation, changes and additions.
2.14. To inform the management staff of the organization about the current legislation and changes in it.
2.15. Advise employees on legal issues.
2.16. Timely and in full to work out and submit to the immediate supervisor reporting and other service documentation.
In case of official necessity, the legal adviser for contractual work may be involved in the performance of his official duties overtime, by decision of the immediate supervisor, in the manner prescribed by law.
3. Rights
Legal counsel for contract work has the right to:
3.1.1. Make decisions in order to provide legal support for the organization's activities on all issues within its competence.
3.1.2. Prepare and submit to the immediate supervisor proposals for improving the activities of the management apparatus.
3.1.3. Participate in official events, during which the issues of legal support of activities, as well as those related to its work, are considered.
4. Responsibility and performance evaluation
4.1. A legal adviser on contractual work bears administrative, disciplinary and material (and in some cases stipulated by the legislation of the Russian Federation - and criminal) responsibility for:
4.1.1. Failure to comply or improper implementation of accounting guidelines and other regulations governing the organization and maintenance of accounting at enterprises.
4.1.2. Failure to comply or improper fulfillment of the official instructions of the immediate supervisor.
4.1.3. Failure to fulfill or improper fulfillment of one's own labor functions and the tasks assigned to him.
4.1.4. Misuse of the granted official powers, as well as their use for personal purposes.
4.1.5. Inaccurate information about the status of the work entrusted to him.
4.1.6. Failure to take measures to suppress identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the enterprise and its employees.
4.1.7. Failure to enforce labor discipline.
4.2. Evaluation of the work of a legal adviser for contract work is carried out:
4.2.1. Immediate supervisor - regularly, in the process of the employee's daily performance of his labor functions.
4.2.2. The attestation commission of the enterprise - periodically, but at least once every two years, based on the documented results of the work for the evaluation period.
4.3. The main criterion for evaluating the work of a legal adviser on contractual work is the quality, completeness and timeliness of his performance of the tasks provided for in this instruction.
5. Working conditions
5.1. The mode of work of a legal adviser on contractual work is determined in accordance with the internal labor regulations established in the Company.
Acquainted with the instructions ___________ / ____________ / "__" _______ 20__
HomeProfession Lawyer Legal business
Superfluous funds are usually not superfluous. Good example will support you in overcoming inconveniences when writing a responsible appeal. This will open up a way to save money on hiring a specialist. Before applying the sample, it is usually necessary to check the references of the articles of the law written in it well. Now they may well lose their freshness.
A specialist in ensuring the necessary level of legality in the work of citizens, state bodies and officials, institutions, enterprises, in opening and establishing facts of offenses, interpreting and applying laws, determining the measure of responsibility and punishment of those responsible, providing legal assistance to the population - a lawyer. So, for example, legal assistance in Voronezh can be provided on the website http://www.advokatvrn.ru/.
The duties of a lawyer include: participation in the preparation of legal opinions; representing the client's interests to counterparties and business partners; participation in negotiations with those lawyers who represent counterparties to transactions and the client; preparation and drafting of contracts, agreements; preparation of analytical documents on legal issues; advising on various aspects of a legal nature; review and analysis of proposed legislation and legislation in force; representing the client's interests in courts, in all kinds of government bodies.
Lawyer: what are the responsibilities of this specialist?
www.advokatvrn.ru/.
Lawyer is the general name for the profession that unites all servants of the law: prosecutor, notary, legal adviser, lawyer, labor or tax inspector - these are all lawyers of appropriate specialties, each of which is associated with a specific area of law.
The duties of a lawyer include:
Participation in the preparation of legal opinions;
Representing the client's interests to counterparties and business partners;
Participation in negotiations with those lawyers who represent the counterparties to transactions and the client;
Preparation and drafting of contracts, agreements;
Preparation of analytical documents on legal issues;
Consulting on various aspects of a legal nature;
Review and analysis of proposed legislation and legislation in force;
Representation of the client's interests in courts, in all kinds of government bodies.
It is worth noting that a lawyer must certainly know the Constitution of the country where he provides services; criminal, civil, labor, financial and administrative law; legislation that is currently in force; methods of forensic science; psychology, logic, fundamentals of labor organization, economics, production and management.
This specialist must have such qualities as: a high sense of responsibility, perseverance, developed logical thinking, initiative, diligence, emotional stability, switchability of attention and concentration, good memory.
Legal assistant - what are the responsibilities?
The legal assistant belongs to the category of technical executors.
2. A person who has a professional (legal) education (higher; secondary) is appointed to the position of a legal assistant (without presenting requirements for work experience; work experience in the specialty at least 1 year)
3. The paralegal must know:
3.1. Fundamentals of substantive and procedural law.
3.2. Methodological and normative materials on legal activity.
3.3. Ethics of communication with government bodies, local governments, legal entities and individuals.
3.4. Office work standards.
3.5. The order of systematization, accounting and maintenance of legal documentation using modern information technologies.
3.6. Information processing methods using modern technical means communication and communication, computer.
3.7. Text editors and special legal software.
3.8. Internal labor regulations.
Library of the Internet Industry I2R.ru
Lawyers
Senior Associate in a Profile Company (Executive Officer)
A senior lawyer at a law firm is responsible for key aspects of the law firm's activities, overseeing the most significant projects.
Job responsibilities:
Lawyer at a law firm (mid-level employee)
A lawyer at a law firm works under the direction of a senior lawyer at the firm and is responsible for a wide range of legal matters.
Job responsibilities:
Head of the legal department in the company (mid-level employee)
Head of the legal department at the company, heads the legal department at the company, which is part of the company structure. Responsible for all legal aspects of the company's activities.
Job responsibilities:
Lawyer at the enterprise (employee - specialist)
A lawyer at the company works in the legal department, and is responsible for the preparatory phase of drafting contracts, and also monitors the timely sending and delivery of documents.
Job responsibilities:
Head of the legal department at the bank (mid-level employee)
The head of the legal department in the bank manages the legal department in the bank, which is part of general structure jar.
Responsible for effective work department and oversees legal issues, depending on the specifics of the department's work.
Job responsibilities:
Bank lawyer (employee - specialist)
A bank lawyer works in the legal department, which is part of the general structure of the bank.
Job responsibilities:
The following articles:
Duties of a lawyer in a pension fund
Job responsibilities of a lawyer in a pension fund
Most legal advisers operate in private and government agencies... In the states of companies, where there are more than 10 specialists in the legal department, they are assigned the appropriate categories.
Enrollment and dismissal are carried out by the director of the company in the manner prescribed by law.
Candidates for the head are presented by his deputy after agreement with the head of the legal department.
Pension Fund russia pfr.
In this section, you can download and familiarize yourself with typical job descriptions for various industries activities.
To begin with, you decide on a pension, the court must also take into account the circumstances that the bank offers.
Employees of other departments and services involved in accounting, on the organization and maintenance of accounting and reporting, are subordinate to the chief accountant.
Appointment, dismissal and transfer of financially responsible persons (cashiers, warehouse managers and others) is carried out in agreement with the chief accountant.
Contracts and agreements concluded by the department for receipt or leave
Law Institute - when did your education end?
This is bad, in any case, no one bears responsibility!
Working with banks on long-term and short-term lending Deputy head accountant, job duties of the deputy head accountant operational and tax accounting.
legislation in the financial sector (market valuable papers, joint stock companies, pension system), advanced PC user (MS Excel), knowledge of advanced Kazakh language.
Monitoring compliance with the requirements of the legislation of draft orders, instructions, regulations and other legal acts prepared in the Fund, as well as participation, if necessary, in the preparation
24 of the second part of the Tax Code of the Russian Federation and the Law on Compulsory Pension Insurance, the Procedure for the exchange of information between tax authorities and the bodies of the FIU.
· About the facts of incorrect calculation of contributions c.
All Kazakhstan is preparing to celebrate the day of the great victory.
They no longer have a lawyer for 1.5-2 months, I hope they will give me a little time to adapt there, and not go headlong into a whirlpool.
Perform the duties of a lawyer and prepare for the final & nbsp.
Within 10 days from the date of entry into force of the decision on bringing to responsibility for the offense, the policyholder, in respect of whom this decision was made, is sent a request for the payment of financial sanctions.
- 3.1 In which case would it be appropriate to conclude a particular option?
- 3.2 What legislation is used for regulation?
- 3.3 Is information on contracts entered into work book?
- 3.4 Is it necessary to pay insurance premiums for staff to the state budget?
- 3.5 What are the social guarantees provided by the employer to staff members?
- 3.6 What documents formalize the relationship between the employer and the applicant who is hired?
- 4 Important points: legislative aspect
- 5 What set of documents is provided from the applicant to the employer?
- 6 Mandatory contributions of an individual entrepreneur
How to register an employee in an individual entrepreneur? In order for an individual entrepreneur to be able to apply for work for employees, registration with the Pension Fund as an employer is required.
PFR divisions (over 2.5 thousand
territorial bodies) operate in every region and in every regional center of Russia. The PFR labor collective is over 130 thousand social workers.
Share of the PFR budget in GDP of Russia is 10.8% - in terms of income, and 10.2% - in terms of expenses.
- Any statement begins with the so-called "heading" located in the right upper corner pages.
- The full name of the position of the head of the enterprise, his personal data must be indicated.
- The line below records the data of the contacting employee (position, surname, name, patronymic);
- In the middle of the new line, the name of the document is written (in this case, the statement).
- A new line sets out the essence of the appeal - a request to issue a work book for applying to the Pension Fund and calculating the experience, which gives the right to formalize insurance payments.
- It must be indicated that the employee is familiar with the provisions of Art.
Moskovsky State University Economics, Statistics and Informatics (MESI) REPORT ON PRODUCTION PRACTICE Student Sherskova G.G.
Tasks of a lawyer at the enterprise |
| Nowadays, no enterprise can be imagined without a lawyer. For the normal life of any enterprise, it is necessary to comply with the laws of the country. This is especially true of labor, civil, administrative legislation. This predetermines the significant role of the lawyer in the enterprise. V small organizations All organizational and legal work is performed by 1 lawyer, and in large ones, a legal service is created, which includes 3-6 lawyers. The current work of a lawyer is to prepare contracts between an enterprise and its counterparty, analyze contracts for their compliance with the law, as well as for their profitability for their company. He also prepares a package of documents necessary for cooperation with the bank, insurers; carries out claims work, protects the interests of the organization in court and much more. However, the legal adviser does not decide the issues with which organization to conclude an agreement, what amount of the transaction will be, etc. But his duty is to check the legal capacity of the organization with which the deal is made, the powers of the representatives on the other side. |
The job description of a lawyer establishes an employment relationship. The document describes the types of responsibility of the employee, functional responsibilities, rights, rules of subordination, order of employment and dismissal, requirements for experience, education.
The instructions are prepared by the head of the legal department. Approved by the CEO of the organization.
The sample form below can be used when drawing up a job description for a lawyer manufacturing enterprise, trade organization, budgetary institution, legal assistant, legal adviser. A number of points may differ depending on the specifics of the company.
І. General Provisions
1. The lawyer belongs to the category of "specialists".
2. During the absence of a lawyer, his functional duties, responsibility, rights shall be assigned to another official appointed in accordance with the established procedure.
3. Appointment or dismissal of a lawyer is carried out by order of the director general of the organization.
4. A person who has higher education and work experience in a similar position for at least two years.
The lawyer reports directly to the head of the legal department.
6. A lawyer should know:
- labor, civil, administrative, financial law;
- methodological materials on the legal activities of the organization;
- environmental, tax legislation;
- normative legal acts that regulate the production, economic, financial activities of the organization;
- fundamentals of the organization of labor, economics, production, management;
- systematization, accounting and storage of legal documentation using information technology;
- rules for registration, conclusion of contracts, tariff agreements;
- fundamentals of handling computer technology, communications;
- safety regulations, labor protection standards;
- rules for drawing up documentation on the economic, financial activities of the organization.
The lawyer is guided in his activities:
- internal labor regulations, other governing acts of the organization;
- this job description;
- orders, orders of the management of the organization;
- legislative acts of the Russian Federation;
- The charter of the organization.
II. Job responsibilities of a lawyer
A lawyer performs the following job duties:
1. Checks the compliance with the legislation of draft orders, instructions, regulations and other documents of a legal nature.
2. Controls the stages of approval of draft documents by responsible employees.
3. Visits draft documents.
4. Issues to the responsible employees of the organization justified instructions on amendments to the documents.
5. Develops constituent documents... Participates in registration legal entities, dealing with securities.
6. Makes changes to the constituent documents of the organization.
7. Processes claims against the organization from government agencies, contractors, employees. Prepares answers to them, creates drafts of decisions on satisfying applications or refusing them.
8. Prepares, sends claims to counterparties. Controls the course and results of their consideration.
9. Creates draft agreements, checks their compliance with legislation.
10. Notarizes the established types of contracts or maintains them state registration.
11. Prepares documents for obtaining licenses, permits, which are necessary for the conduct of the organization's activities.
12. Takes measures to comply with pre-arbitration dispute settlement.
13. Prepares statements of claim and submits them to the courts.
14. Examines copies statements of claim on claims against the organization.
15. Represents the interests of the organization in arbitration courts.
16. Checks the legality of dismissal, transfer of employees, imposition of penalties on them.
17. Represents the interests of the organization during inspections by control and supervisory authorities. Establishes the validity, correctness of the conclusions of the auditors, the accuracy of the execution of the results of the checks.
Participates in the development of documents related to ensuring the safety of the organization's property.
19. Advises employees of the organization on legal issues. Provides legal assistance in drafting legal documents.
ІІІ. Rights
A lawyer has the right:
1. Require the management of the organization to create normal conditions for the execution of their official duties, safety material values, documents.
2. Notify the immediate supervisor of the identified shortcomings in the organization's activities. Put forward proposals for their elimination.
3. To put forward proposals to the management to improve their work and the activities of the organization.
4. Make independent decisions within their competence.
5. Do not exercise their authority in the event of danger to life or health.
6. Receive information about the decisions of the organization's management regarding the activities of the legal department.
7. To represent the interests of the organization in the prescribed manner.
8. Receive the necessary information to carry out their job duties.
10. Enter into communication with employees of structural divisions of the organization on work issues.
11. Sign documents within their competence.
12. Apply to specialists on issues beyond the competence of a lawyer.
IV. A responsibility
The lawyer is responsible for:
1. Violation of the norms of etiquette, business communication.
2. Violation of the requirements of the governing documents of the organization.
3. Unlawful handling of personal information of employees, trade secrets, disclosure of confidential information.
4. Unauthorized representation of the organization's interests
5. Consequences of independent actions, decisions.
7. The quality of accounting documentation.
8. Damage to the organization, its employees, contractors, the state.
9. Improper performance their functional responsibilities.
10. Violation of internal labor regulations, labor discipline provisions, safety standards, fire protection.
Decisions and orders of the courts
Obligations of a lawyer in a company
A lawyer is one of the most important and key employees in any enterprise. Its importance and necessity lies in the fact that only he can solve all legal situations and enable the enterprise to carry out its activities exclusively within the framework of the law. What is the responsibility of such important profession, as a lawyer and what is the competence of this employee, we will consider further. Everything duties of a lawyer at the enterprise are provided for by the job description, which is approved by an official authorized to act on behalf of this enterprise (chief, director, general director). Often the duties of this employee include a certain type of work, namely:
- verification of compliance with the issued acts and orders at the enterprise with the current legislation;
- development and conclusion of contracts with a party that has expressed a desire to cooperate with the company ( additional agreements);
- development and signing of a protocol of disagreements under contracts;
- drawing up and sending claims to the other party under the contract;
- representing the interests of an enterprise in court;
- preparation of a number of documentation (power of attorney, official letter and others, depending on the tasks assigned to the lawyer);
- representation and protection of the enterprise during the inspection by the regulatory authorities;
- interaction with state bodies and state authorities;
- legal advice to employees of the company on any issues they may have related to the current legislation.
Additional unspoken duties of a lawyer for enterprises
As the practice of a lawyer at the company shows, all employees of the company are often sent to the lawyer when solving important production issues. Even an indirect relationship of the production situation to jurisprudence may already become the task of a lawyer. Therefore, it is very difficult to overestimate the importance of this official. In cases where the enterprise belongs to state form property, then these responsibilities include the conduct of tender procedures for the purchase of goods, works or services at the expense of the state. Also, the work of a lawyer is often accompanied by official correspondence. Drawing up official letters is one of the important components of the fulfillment of the tasks assigned to a lawyer. Along with this, an important place is occupied by work on interaction with government bodies. So, obtaining a permit, registering a renaming of an enterprise or changing financial details necessarily require the participation of a lawyer. It is impossible to resolve any important strategic issues regarding the further legal activities of an enterprise without a lawyer, because failure to agree on this issue can lead to legal collisions that negatively affect the work of any enterprise.
Heading:Conducts contractual work at the enterprise: develops draft contracts; checks the compliance with the legislation of draft contracts submitted to the enterprise by counterparties; provides notarial certification or state registration certain types agreements 2.4. Conducts claims work at the enterprise: ensures the accounting of claims received from counterparties, their consideration; prepares responses to received claims and makes draft decisions on the satisfaction or refusal to satisfy the received claims; prepares claims to counterparties, their forwarding to counterparties and control over the satisfaction of claims sent to counterparties. 2.5.
In addition, on the scale of a small legal department, a single instruction will quickly ensure the interchangeability of lawyers, strengthening the "feeling of a bond" between them. The program for lawyers as a planner of job description project. Software, legal software "Yurayt: Legal Department Management", is intended primarily to facilitate the management (planning, execution) of the duties of a lawyer. This is provided by the software architecture, when each group of functions and duties of a lawyer in the program corresponds to their "electronic copy", a kind of Personal Area with its own interface and functions.
The Company to the current legislation of the Russian Federation; 364.1.3 prevention of unfavorable situations in the activities of the Company. 364.2 In order to achieve the set goals, the lawyer shall perform the following duties: 364.2.1 consult the divisions of the Company on legal issues of the current contractual and legal activities of the Company; 364.2.2 prepares, participates in the preparation, and also coordinates contracts, additional agreements and annexes to contracts; 364.2.3 compiles and develops software Technical assignments draft contracts, supplementary agreements and annexes to contracts; 364.2.4 analyzes and summarizes the current legislation of the Russian Federation and law enforcement practice; 364.2.5 prepares analytical and informational service notes; 364.2.6 performs separate assignments of the Team Leader and the Head of the Legal Department within the limits of his functional duties.
Job description contractual work specialist
General Provisions 363.1 This job description is the main regulatory and organizational document that establishes the functions, rights and obligations, responsibility of the Lawyer, governing the organization of his activities, the procedure for business interaction with officials of structural units XXX. 363.2 This job description is a document of direct action, comes into force from the date of approval and is mandatory for the employee from the moment he is familiarized with the signature. 363.3 Renaming, liquidation of the position of the Lawyer, appointment to the position and dismissal from the position held are carried out by order of the General Director XXX. 363.4 The Lawyer reports directly to the Head of the Contract Group of the Legal Department. 363.5 The Lawyer has no subordinates.
Job Specialist in Contractual Work
For actions carried out by a specialist in contractual work, or for decisions made by him, he can be brought to the following types of responsibility:
- disciplinary action - for violation of labor discipline;
- administrative or criminal - for misdemeanors or crimes;
- material - for causing property damage.
In conclusion, it remains to say that the job description should concretize those issues of the performance of the labor function by the employee that take place in reality, and it is imperative to take into account the circumstances associated with this. For example, if the manager decided that a contractual work specialist should also be responsible for the handling of claims work, this is prescribed in the section of job responsibilities; however, in the section of rights in this case, the right of the employee to carry out such work should be indicated.
Job description of a lawyer
Thanks to the instructions, he knows what actions are expected of him, and by what criteria the work results will be assessed, provides guidelines for improving the level of the employee's qualifications. At the same time, the instruction of a legal adviser is the basis for assessing the results of his labor activity, making a decision on his further internal movement and retraining (promotion, relocation, dismissal, enrollment in the reserve of managerial personnel, referral to additional training, etc.). Content of the job description of a lawyer Let us dwell in more detail on the structure and main provisions of this document, the structure of which is in many ways similar to the job description of the head of the legal department
- General This section establishes the qualifications, appointment procedure, and the level of subordination (usually the lawyer reports directly to the head of the legal entity).
Job description of a lawyer and legal adviser
Knowledge of the regulatory documents of the Civil Code, TC, Tax Code, Code of Administrative Offenses, TamK, Agroindustrial Complex, Code of Civil Procedure of the Russian Federation and other regulations necessary to support the activities of the Company. 7.6 Proficiency in Activity Planning techniques, Business Etiquette... 8 Vocabulary special terms and abbreviations Term, abbreviation Definition of the term, abbreviations 8.1 IRR Internal regulatory documents 8.2 XXX Company 8.3 SO Legal department The instruction fully reflects the content and specifics of the activity of this official. 9 Familiarization sheet I have read the job description and undertake the obligations to fulfill the standards of activity established in it.
Job description of a lawyer for contract work
Specific qualification characteristics (qualification requirements) and an approximate list of the labor functions of a lawyer are indicated in subsection 2 of section 1 of the Qualification handbook of positions of managers, specialists and other employees (approved by Resolution of the Ministry of Labor of Russia No. 37 dated August 21, 1998). However, this list is optional - it can be used simply as a guide.
- Job description of a lawyer for contract work Download in.doc
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Job description of a legal adviser for contract work
Represents the interests of the enterprise during inspections carried out at the enterprise by the state control and supervisory authorities with the aim of legal control over the observance of procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the registration of the results of inspections and the preparation of procedural documents. 2.10. Provides written and oral advice to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents. 3. Rights of the Legal Counsel The Legal Counsel has the right to: 3.1. Request and receive from structural divisions information, reference and other materials necessary to perform the duties provided for by this job description. 3.2.
Conduct independent correspondence with state, municipal and judicial authorities on legal issues. 3.3.
Job description of a specialist in contract work
Violation of the norms of etiquette, business communication. 2. Violation of the requirements of the governing documents of the organization. 3. Unlawful handling of personal information of employees, trade secrets, disclosure of confidential information. 4. Unauthorized representation of the organization's interests 5.
Consequences of independent actions, decisions. 6. Sending deliberately false information to clients, management of the organization. 7. The quality of accounting documentation. 8. Damage to the organization, its employees, contractors, the state. 9. Improper performance of their functional duties.
10.
Job description legal counsel- one of the most voluminous, and it will be read "with passion." And yourself company lawyers are often involved in the preparation of job descriptions for employees. The latter function, by the way, can be included in the duties of a legal adviser.
Job description of a legal adviser
(Job description of an enterprise lawyer)
APPROVED
General manager
Surname I.O. ________________
"________"_____________ ____ G.
1. General Provisions
1.1. The legal adviser is classified as a professional.
1.2. The legal adviser is appointed and dismissed by the order of the CEO of the company.
1.3. The legal adviser reports directly to CEO/ to the head of the legal department of the enterprise.
1.4. During the absence of a legal adviser, his rights and obligations are transferred to another official, which is announced in the order for the organization.
1.5. A person who meets the following requirements is appointed to the position of a legal adviser: higher legal education, work experience of at least 2 years, knowledge of civil, business, administrative, labor, financial, procedural (arbitration and civil) branches of law.
1.6. The legal adviser is guided in his activities by:
- legislative acts of the Russian Federation;
- Company Charter, Internal Labor Regulations, other company regulations;
- orders and orders of the management;
- this job description.
2. Responsibilities of a legal adviser
The Legal Counsel performs the following job duties:
2.1. Carries out the development of constituent documents; provides registration of legal entities, issues of valuable shares, amendments to constituent documents; defines the legal basis for the bodies of the enterprise.
2.2. Checks the compliance with the legislation of the draft orders, instructions, regulations and other documents of a legal nature submitted for signature to the head of the enterprise; verification of compliance with the stages of approval of draft documents with responsible employees; sighting of draft documents; issuance of instructions to responsible employees of the enterprise to amend or cancel acts due to changes in federal legislation.
2.3. Conducts contractual work at the enterprise: develops draft contracts; checks the compliance with the legislation of draft contracts submitted to the enterprise by counterparties; provides notarial certification or state registration of certain types of contracts.
2.4. Conducts claims work at the enterprise: ensures the accounting of claims received from counterparties, their consideration; prepares responses to received claims and makes draft decisions on the satisfaction or refusal to satisfy the received claims; prepares claims against counterparties, their forwarding to counterparties and control over the satisfaction of claims sent to counterparties.
2.5. Conducts litigation: takes measures to comply with the pre-arbitration procedure for the settlement of contractual disputes; prepares statements of claim and materials and submits them to arbitration courts; examines copies of statements of claim on claims against the enterprise; represents the interests of the enterprise in arbitration courts;
2.6. Prepares applications, statements and other documents for obtaining licenses, permits necessary for the implementation of the company's activities.
2.7. Takes part in the development of documents related to the issues of ensuring the safety of the property of the enterprise (agreements on material liability; instructions establishing the procedure for the receipt and acceptance of material assets at the enterprise, accounting for their movement; instructions for recording the release and release of finished products).
2.8. Checks the legality of the dismissal and transfer of employees, the imposition of disciplinary sanctions on them.
2.9. Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities with the aim of legal control over the observance of procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the registration of the results of inspections and the preparation of procedural documents.
2.10. Provides written and oral advice to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents.
3. Rights of a legal adviser
A legal adviser has the right to:
3.1. Request and receive from structural divisions information, reference and other materials necessary to perform the duties provided for by this job description.
3.2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.
3.3. To represent, in the prescribed manner, an enterprise in public authorities, other institutions and organizations on legal issues.
3.4. To give structural units and individual professionals binding legal instructions.
3.5. Take action when violations of the law are detected at the enterprise and report these violations to the head of the enterprise in order to bring the perpetrators to justice.
3.6. In agreement with the head of the enterprise, involve experts and specialists in the field of law for consultations, preparation of opinions, recommendations and proposals.
3.7. Visiting documents of management activities within the framework of their competence.
3.8. Submit proposals to the management to improve their work and the work of the company.
3.9. Require management to create normal conditions for the performance of official duties and the safety of all documents generated as a result of the company's activities.
4. Responsibility of the legal counsel
The legal adviser is responsible for:
4.1. For non-fulfillment and / or untimely, negligent fulfillment of their duties.
4.2. For non-compliance with the current instructions, orders and orders for the preservation of commercial secrets and confidential information.
4.3. For violation of the rules of internal labor regulations, labor discipline, safety regulations and fire safety.
