Sample job description for a construction company lawyer. Job description of a legal adviser. Who is a legal adviser
In accordance with labor legislation, the duties of a lawyer, as well as other employees, are negotiated upon employment and specified in the instructions. This document is not mandatory for the enterprise, but it is recommended for the purity of the interaction between the employer and the employee. It reflects all the responsibility placed on the employee - in the event of a dispute, the instruction is the main evidence of the legality of actions. Below we consider the main provisions of the instruction, its preparation and coordination.
Job description of a company lawyer
Regulations job description an ordinary lawyer of any enterprise - LLC, management company Housing and communal services, etc. - compiled by the head of the legal service or the legal adviser of the company. For him, in turn, instructions are drawn up personnel service and approved by the head of the enterprise.
Mandatory sections of the job description of a lawyer
- General provisions. They reflect the specifics of the work of a specialist, his schedule and regime moments: the number of copies of the document, the place of its storage, who has the right to replace during the period of absence and disability, etc. It also reflects the requirements for the unit in terms of education, qualifications, experience. Do not forget to list the areas of law in which the specialist hired should be free to navigate: civil, criminal, economic, etc., as well as narrower aspects in which the employer is interested. For example, the practice of arbitration processes and litigation with tax office, free orientation in the conditions of commercial agreements, customs tariffs and other nuances significant for the enterprise. At the end of this section, the standards and rules that a lawyer must be guided by are indicated.
Important point! The first paragraph reflects the status of the employee: "specialist" and his subordination (an ordinary employee in the legal department or the only legal adviser)
- Responsibilities. In the second section, the duties of a lawyer in an enterprise are described in as much detail as possible. That is, what the employer expects from a specialist. The more points it contains and the more specific they are, the more effectively cooperation is built. The specialist knows exactly what is required of him, and the employer, in turn, knows what to expect. Inattention to this point is fraught with trouble for the enterprise. It will be impossible to ask an employee for something that was not listed in the instructions, but is necessary for the company.
- Rights. For the full performance of duties, a lawyer must enjoy certain rights. The wider they are, the more freely the specialist is oriented. This paragraph reflects what exactly the specialist has the right to demand from his superiors, what level of access is allowed to him to the documentation, plans and results of the company's activities. Can a lawyer make proposals, make decisions without the consent of his superiors, represent his interests in the authorities and before counterparties, communicate in professional themes with other employees, sign documents, receive and read correspondence, etc.
- A responsibility. It details what exactly the lawyer is responsible for and how. In addition to violating the job description and failure to fulfill duties in full, liability is provided for non-compliance business ethics, labor discipline, subordination, infringement of the interests of other employees, etc. All the nuances for which the company provides for penalties, fines and dismissal should be reflected in the job description of the lawyer of the enterprise.
There is no single standard for this document. It can be drawn up on the letterhead of the company or a blank sheet - for example, a sample job description of a lawyer 2017 is given. The main thing is that it reveals the essence of duties with their specific wording and is certified by the head of the enterprise.
Legal Assistant Job Description
In large companies, whose staff, in addition to specialists, also provides for assistants, a job description for a legal assistant is being developed. The principle of compilation and content are identical. The rights, duties and responsibilities must be detailed.
The general provisions indicate the subordination and requirements for education and training. Usually the experience for the assistant does not play a role. This position involves the implementation of preparatory work under the strict supervision of superiors. This is the provision of office supplies, timely delivery of correspondence, control over the work schedule, planning, printing of finished documents, preparation of copies, etc.
Legal Counsel Job Responsibilities
The job description of a legal adviser is developed according to a general principle. It necessarily reflects the status of the employee - the only lawyer of the company with or without an assistant, or a leading specialist in the legal department. Depending on the status, the rights, duties and responsibilities are specified.
The duties of a legal adviser include absolutely all legal aspects that the company faces. His role can be performed as a specific specialist ( individual), and a law firm that has entered into an agreement with the enterprise for the provision of legal support and support services.
In large companies, one cannot do without a staff of assistants or a whole legal department. The specificity of some industries does not allow to use the services of law firms on an ongoing basis. It is easier to grow and train our own specialists focused on the right areas of law. In this case, the instructions also reflect the nature of interaction with subordinates.
Job description legal adviser- one of the most voluminous, and it will be read "with passion". Yes, and yourself enterprise 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.
Legal Counsel Job Description
(Job description of a company lawyer)
APPROVE
CEO
Surname I.O. ________________
"________"_____________ ____ G.
1. General Provisions
1.1. The legal adviser belongs to the category of specialists.
1.2. The legal adviser is appointed to the position and dismissed from it by order of the general director of the company.
1.3. The Legal Counsel reports directly to CEO/ head of the company's legal service.
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 legal adviser: higher legal education, experience of similar work from 2 years, knowledge of civil, business, administrative, labor, financial, procedural (arbitration and civil) branches of law.
1.6. The Legal Counsel is guided in his activities by:
- legislative acts of the Russian Federation;
- Charter of the company, Rules of internal work schedule, other regulations of the company;
- orders and directives of the management;
- this job description.
2. Responsibilities of the Legal Counsel
The Legal Counsel performs the following duties:
2.1. Carries out the development of constituent documents; provides registration legal entities, issues of valuable shares, amendments to founding documents; defines legal framework enterprise bodies.
2.2. Checks compliance with the legislation of 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; approval of draft documents; issuance of instructions to the responsible employees of the enterprise on the introduction of amendments or cancellation of acts due to changes in federal legislation.
2.3. Leads contract work at the enterprise: develops draft contracts; checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties; provide notarization or state registration certain types contracts.
2.4. Conducts claims work at the enterprise: ensures the accounting of claims received from contractors, their consideration; prepares responses to claims received and adopts draft decisions on satisfaction or refusal to satisfy claims received; prepares claims against counterparties, sends them to counterparties and monitors the satisfaction of claims submitted to counterparties.
2.5. Conducts claims work: 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; studying copies statements of claim on claims against the enterprise; represents the interests of the enterprise in arbitration courts;
2.6. Prepares applications, applications and other documents for obtaining licenses, permits necessary for the implementation of the enterprise'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 (contracts on liability; instructions establishing the procedure for receipt and acceptance at the enterprise material values, accounting for their movement; instructions for accounting for 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 for the purpose of legal control over compliance with procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the execution 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 legal adviser
The Legal Counsel has the right:
3.1. Request and receive from structural units information, reference and other materials necessary to fulfill the duties stipulated by this job description.
3.2. Maintain independent correspondence with state, municipal and judicial authorities on legal issues.
3.3. Represent the enterprise in accordance with the established procedure in public authorities, other institutions and organizations on legal issues.
3.4. giving structural divisions and individual professionals binding instructions on legal matters.
3.5. Take action when violations of the law are found 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 conclusions, recommendations and proposals.
3.7. Approval of documents management activities within its competence.
3.8. Provide management with suggestions for improving their work and the work of the company.
3.9. Require management to create normal conditions for the implementation official duties and safety of all documents generated as a result of the company's activities.
4. Responsibility of the legal adviser
The Legal Counsel is responsible for:
4.1. For non-performance and / or untimely, negligent performance of their official duties.
4.2. For non-compliance with current instructions, orders and orders for the preservation of trade secrets and confidential information.
4.3. For violation of the internal labor regulations, labor discipline, safety and fire safety rules.
Job description of a lawyer , which is a local document of many enterprises, organizations and companies, defines the requirements for a specialist of this kind, as well as other points related to his work activity. In the article, we will get acquainted with the content of the job description of this specialist, and also find out if there is a difference between a lawyer and a legal adviser.
Job description of the leading legal adviser of the sample of 2015-2016
The structure of this local document assumes the presence of several sections in it. Usually this:
- General provisions.
- Employee duties.
- Employee rights.
- Employee responsibility.
The first section states that:
- the position of the lead legal adviser belongs to the category "Professionals";
- the applicant must have higher education certain direction;
- The candidate must have at least 2 years of experience as a legal adviser.
This is followed by a section on the duties of the lead legal adviser, which indicates that in his work he must be guided by the normative and legislative acts that have not lost their force and regulate the financial and economic activities of the company.
In addition, this specialist is responsible for the following points:
- development of legal documentation;
- providing advisory support to structural units and individual employees;
- work with claims and complaints, control over the timely submission of the necessary explanatory notes, calculations, certificates and other materials that may be required to prepare responses to claims;
- participation in proceedings in courts of various instances;
- preparation of materials relating to bringing employees to material and disciplinary liability for failure to fulfill their duties, depending on the severity of the violations committed by them;
- development and implementation of measures aimed at strengthening financial, contractual, labor discipline and ensuring the safety of the company's property;
- participation in events related to the signing of contracts with counterparties, preparation of opinions on their validity from a legal point of view and consideration of issues related to receivables / payables;
- development, together with other divisions, of proposals for the abolition of orders and regulations of the company that have become invalid and for making changes to them;
- familiarization of company officials with regulations related to its activities, changes in legislation, etc.
- the right to receive social guarantees provided for at the legislative level;
- the ability to demand the creation of the necessary conditions for the full implementation of their duties;
- the right to take actions aimed at preventing / eliminating any violations;
- the opportunity to improve their professional qualifications, etc.
Chapter legal advisor job description on liability contains provisions relating to the fact that such may occur in the event of non-fulfillment or improper performance by him of his official duties. It also occurs when the legal adviser does not use the rights granted to him in certain situations.
So, disciplinary responsibility comes:
- in case of violation by the specialist of the internal regulations in force in the company;
- failure to comply with the rules of safety, fire protection, hygiene and sanitation;
- disclosure of trade secrets;
- non-execution of official instructions / orders of the management that do not violate the law;
- causing material damage to the company, etc.
Also, when developing this document, you can use the standard legal advisor job description sample available on our portal.
Don't know your rights?
On the job description of a legal adviser in a budgetary institution
Budget organizations include educational and medical institutions, institutions of a socio-cultural and scientific and technical orientation, etc. Simply put, we are talking about non-profit organizations created by federal / municipal government agencies and financed from the budgets of different levels, as well as extra-budgetary funds.
When developing a job description for a legal adviser in any of these institutions, you can also use the tips above, adapting them to the requirements of a particular organization.
This document also contains 4 main sections: general provisions, duties, rights and responsibility of a specialist.
The first of them indicates that persons with a diploma of higher legal education are accepted for this position, but there are no requirements for length of service.
The second section lists the duties assigned to the legal adviser in budget organization. They are similar to those that were previously indicated in the previous part of the article and relate primarily to:
- compliance with legislative labor standards and internal regulations;
- implementation of the protection of the rights of employees in institutions of this kind;
- protection of the rights of the employer in the courts, higher authorities.
With regard to rights and responsibilities, they also do not differ fundamentally from those discussed earlier.
What is the difference between a lawyer and a legal adviser?
Agree, many of us had to deal with announcements about inviting such specialists to work. In this regard, some might have a question: what is the difference between a lawyer and a legal adviser? It would seem that both of them deal with issues of law. Moreover, if we compare lawyer job description and a legal adviser, there will be no significant differences.
However, there is a difference, and if we understand the functions that are carried out by specialists in the legal field, it should be noted that the concept of "lawyer" is much broader. In this case, we are talking about qualifications due to obtaining a special legal education and constant study of legislation and changes in it in any areas and directions. So, lawyers are usually called legal scholars, as well as employees of the following structures:
- row law enforcement and prosecution authorities;
- investigative committee;
- notaries;
- advocacy;
- authorities engaged in law-making activities.
As for a legal adviser, in this case we are talking about a specialist who also has an appropriate higher education, but specializes in a separate area of law, depending on the specifics of the company in which he works. Its main task is to ensure compliance with the rule of law in various forms of legal relationships. As a rule, many more or less large companies, carrying out various types of activities, have specialists of this kind in their staff.
In short, in the first case, we are talking about the specialty and professional qualifications indicated in the diploma of a citizen and giving him the right to hold certain positions (including a legal adviser); in the second - about the official position included in the Qualification directory of positions of managers, specialists and other employees, approved by the Ministry of Labor in 1998.
Conclusion
In conclusion, it remains to recall that the applicant for the position of a lawyer / legal adviser must be familiarized with his job description before signing it employment contract. Sample lawyer job description you can download on our website.
HomeProfession lawyer Legal business
Extra funds are usually not superfluous. Good example support in overcoming the inconvenience when writing a responsible appeal. This will open up a way to save money on hiring a specialist. Before applying the sample, as a rule, it is necessary to carefully check the references to the articles of the law written in it. 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 revealing and establishing the 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 interests of the client before contractors 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; conducting a review and analysis of proposed legislative acts and legislation that is in force; representing the interests of the client in courts, in various state authorities.
Lawyer: what are the duties of this specialist?
www.advokatvrn.ru/.
A lawyer is the general name of a profession that unites all servants of the law: a prosecutor, a notary, a legal adviser, a lawyer, a labor or tax inspector - these are all lawyers of appropriate specialties, each of which is associated with a certain area of \u200b\u200blaw.
The responsibilities of a lawyer include:
Participation in the preparation of legal opinions;
Representing the interests of the client in front of contractors and business partners;
Participation in negotiations with those lawyers who represent counterparties in transactions and the client;
Preparation and drafting of contracts, agreements;
Drawing up analytical documents on legal issues;
Advice on various aspects of a legal nature;
Conducting a review and analysis of proposed legislative acts and legislation that is in force;
Representing the interests of the client in courts, in various public authorities.
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 in force in this moment time; forensic methods; psychology, logic, basics of labor organization, economics, production and management.
This specialist should have such qualities as: a high sense of responsibility, perseverance, developed logical thinking, initiative, diligence, emotional stability, switchable attention and concentration, good memory.
Legal Assistant - what are the responsibilities?
The legal assistant belongs to the category of technical performers.
2. A person with 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 is at least 1 year)
3. The paralegal must know:
3.1. Fundamentals of substantive and procedural law.
3.2. Methodological and regulatory materials on legal activity.
3.3. Ethics of communication with state bodies, local governments, legal entities and individuals.
3.4. Business 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 connection, computer.
3.7. Text editors and special legal software.
3.8. Internal labor regulations.
Internet Industry Library I2R.ru
Lawyers
Senior lawyer in a profile company (management employee)
Senior lawyer law firm responsible for key aspects of the law firm, oversees the most significant projects.
Job responsibilities:
Law firm lawyer (mid-level employee)
A law firm lawyer works under the direction of the firm's senior lawyer and is responsible for a wide range of legal matters.
Job responsibilities:
Head of legal department in the company (mid-level employee)
The head of the legal department at the enterprise, manages the legal department at the enterprise, which is part of the company's structure. Responsible for all legal aspects of the enterprise.
Job responsibilities:
Lawyer at the enterprise (employee - specialist)
The company's lawyer 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 legal department in a bank (mid-level employee)
The head of the legal department at the bank manages the legal department at the bank, which is part of overall structure jar.
Responsible for efficient 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:
Responsibilities of a lawyer in a pension fund
Responsibilities of a lawyer in a pension fund
Most legal advisers operate in private and public institutions. 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 is carried out by the director of the company in the manner prescribed by law.
Candidates are presented to the head 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 standard job descriptions for various industries activities.
To begin with, you decide on a pension, the court must also take into account the circumstances offered by the bank.
Employees of other divisions and services involved in accounting, on the organization and maintenance of accounting and reporting, are subordinate to the chief accountant.
Appointment, dismissal and relocation 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 receiving or leaving
Law Institute - this is when the education ended?
This is bad, in any case, no one is responsible!
Working with banks on long-term and short-term lending, Deputy Chief Accountant, duties of the Deputy Chief 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.
Control over compliance with the requirements of the legislation of draft orders, instructions, regulations and other acts of a legal nature prepared by 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, a procedure for the exchange of information between tax authorities and the FIU.
about the facts of incorrect calculation of contributions c.
The whole of Kazakhstan is preparing to celebrate the day of the majestic victory.
They no longer have a lawyer for 1.5-2 months, I hope they will give me a little time there to adapt, and not immediately into the pool with my head.
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 to hold liable for committing an offense, the insurant in respect of which this decision was made is sent a demand for payment of financial sanctions.
- 3.1 In which of the cases would it be appropriate to conclude a certain option?
- 3.2 What legislation is regulated by?
- 3.3 Are information on contracts entered into work book?
- 3.4 Is it necessary to make insurance premiums for personnel 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 Highlights: The Legislative Aspect
- 5 What set of documents is provided by the applicant to the employer?
- 6 Mandatory contributions of an individual entrepreneur
How to register an employee in IP? In order for an individual entrepreneur to be able to employ employees, registration with the Pension Fund as an employer is required.
PFR divisions (over 2.5 thousand people)
territorial bodies) operate in every region and in every regional center of Russia. The labor collective of the PFR is over 130,000 social workers.
PFR budget share in Russian GDP is 10.8% - for income, and 10.2% - for expenses.
- Any statement begins with the so-called "cap" 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, last name, first name, patronymic);
- In the middle of the new line, the name of the document is written (in this case, the application).
- The essence of the appeal is set out on a new line - a request to issue a work book for applying to the Pension Fund and calculating the length of service, which gives the right to draw up insurance payments.
- It must be indicated that the employee is familiar with the norms of Art.
Moscow State University Economics, Statistics and Informatics (MESI) REPORT ON INDUSTRIAL PRACTICE Student Sherskova G.G.
Tasks of a lawyer in an enterprise |
| Nowadays, no company 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 a lawyer in an enterprise. AT 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 the contracts of the enterprise with its counterparty, analyzes the contracts for their compliance with the law, as well as for profitability for the company. He also prepares a package of documents necessary for cooperation with the bank, insurers; carries out claims work, defends the interests of the organization in court and much more. However, the legal adviser does not resolve the issues with which organization to conclude an agreement, how much the transaction will be, etc. But his duty is to check the legal capacity of the organization with which the deal is concluded, the powers of representatives from the other side. |
The job description of a lawyer establishes labor relations. The document describes the types of employee responsibilities, functional responsibilities, rights, rules of subordination, the procedure for employment and dismissal, requirements for experience, education.
The instruction is prepared by the head of the legal department. Approved by the CEO of the organization.
The template below can be used when compiling a job description for a lawyer manufacturing enterprise, trade organization, budget institution, legal assistant, legal adviser. A number of points may differ depending on the specifics of the company.
I. General provisions
1. A lawyer belongs to the category of "specialists".
2. During the absence of a lawyer, his functional duties, responsibility, rights are assigned to another official appointed in the prescribed manner.
3. The appointment or dismissal of a lawyer is carried out by order of the general director of the organization.
4. A person who has a higher education and at least two years of experience in a similar position is appointed to the position of a lawyer.
The lawyer reports directly to the head of the legal department.
6. A lawyer must 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 organizations;
- fundamentals of labor organization, economics, production, management;
- systematization, accounting and storage of legal documentation using information technology;
- rules for registration, conclusion of contracts, tariff agreements;
- the basics of handling computer technology, communications;
- safety regulations, labor protection standards;
- rules for compiling documentation on the economic, financial activities of the organization.
A lawyer is guided in his activities by:
- 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. Responsibilities of a lawyer
The lawyer has the following duties:
1. Checks the compliance of draft orders, instructions, regulations and other documents of a legal nature with the legislation.
2. Controls the stages of approval of draft documents by responsible employees.
3. Endorses draft documents.
4. Issues reasonable instructions to the responsible employees of the organization on making changes to the documents.
5. Develops constituent documents. Participates in the registration of legal entities, circulation of securities.
6. Makes changes to the constituent documents of the organization.
7. Processes claims against the organization from state bodies, counterparties, employees. Prepares answers to them, creates draft decisions to satisfy requests or to refuse them.
8. Prepares, sends claims to contractors. Controls the course and results of their consideration.
9. Creates draft contracts, checks their compliance with the law.
10. Notarizes the established types of contracts or conducts their 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 resolution.
13. Prepares statements of claim and submits them to the courts.
14. Examines copies of 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 correctness of the execution of the results of the audits.
Participates in the development of documents that relate 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.
III. Rights
The lawyer has the right:
1. Require the management of the organization to create normal conditions for the performance of their official duties, the safety of material assets, documents.
2. Notify the immediate supervisor of the identified shortcomings in the activities of the organization. Put forward proposals for their elimination.
3. Put forward proposals to the management to improve their work and the activities of the organization.
4. Make independent decisions within their competence.
5. Not to exercise their powers in the event of a danger to life or health.
6. Receive information about the decisions of the organization's management regarding the activities of the legal department.
7. Represent the interests of the organization in the prescribed manner.
8. Receive the necessary information to perform their job duties.
10. Communicate with employees of structural divisions of the organization on work issues.
11. Sign documents within their competence.
12. Contact specialists on issues that are 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. Illegal handling of personal information of employees, trade secrets, disclosure of confidential information.
4. Unauthorized representation of the interests of the organization by management
5. Consequences of independent actions, decisions.
7. The quality of reporting documentation.
8. Causing damage to the organization, its employees, counterparties, the state.
9. Improper performance of their functional duties.
10. Violation of internal labor regulations, provisions of labor discipline, safety standards, fire protection.
Decisions and rulings of the courts
Responsibilities of a corporate lawyer
A lawyer is one of the most important and key employees in any enterprise. Its importance and necessity is that only it can solve all legal situations and enables the company to carry out its activities exclusively within the framework of the law. What is included in the duties important profession as a lawyer and what is the competence of this employee, we will consider further. All duties of a lawyer in a company are provided for by the job description, which is approved by an official authorized to act on behalf of this enterprise (head, director, general director). Often the duties of this employee include certain kind work, namely:
- verification of compliance with the issued acts and orders at the enterprise with the current legislation;
- development and conclusion of agreements with a party that has expressed a desire to cooperate with the enterprise (additional agreements);
- development and signing of a protocol of disagreements on contracts;
- drawing up and sending claims to the other party under the contract;
- representing the interests of the enterprise in court;
- drawing up a number of documents (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 regulatory authorities;
- interaction with state bodies and state authorities;
- legal advice to employees of the enterprise on issues that have arisen with them related to the current legislation.
Additional unspoken duties of a lawyer for enterprises
As the practice of the work of a lawyer at an enterprise shows, all employees of the enterprise often solve important production issues are directed to a lawyer. Even an indirect relation of the industrial 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 company is state form property, then these duties 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. Drafting official letters is one of the important components of fulfilling the tasks assigned to a lawyer. Along with this, an important place is occupied by work on interaction with state bodies. So, obtaining a permit, renaming 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 disagreement on this issue can lead to legal conflicts that negatively affect the work of any enterprise. IN THE TOPIC!
Heading:Legal Counsel Job Description
Job description of a legal adviser | Sample
Job description of the Legal Counsel
1. GENERAL PROVISIONS
1.1. The legal adviser is appointed to the position and dismissed from it by order of the general director.
1.2. The legal adviser reports directly to the CEO, provides legal protection of interests joint-stock company(hereinafter referred to as the Society).
1.3. This position does not provide for subordinates.
1.4. In its activities, it is guided by the Constitution of the Russian Federation, Labor Code Russian Federation, other legislative and regulatory acts of the Russian Federation and Moscow, orders and orders of the Company's management and this Instruction.
1.5. During the absence of a legal adviser, his rights and obligations are transferred to another official, which is announced in the order.
1.6. This manual may be amended, supplemented in the prescribed manner.
2. REQUIREMENTS FOR QUALIFICATION
2.1. Higher professional (legal) education and work experience in the specialty for at least 3 years.
2.2. Required knowledge:
- legislative acts regulating the production, economic and financial activities of the Company;
- methodical and normative materials on legal activity;
- civil, labor, financial, administrative law;
- tax law;
- environmental legislation;
- the procedure for keeping records and drawing up reports on the economic and financial activities of the Company;
- the procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;
- the order of systematization, accounting and maintenance of legal documentation using modern information technologies;
- fundamentals of economics, labor organization, production and management; means of computer technology, communications and communications;
- rules and regulations of labor protection.
3. JOB AND OTHER DUTIES
3.1. Ensuring compliance with the law in the activities of the Company and protecting its legal interests.
3.2. Implementation of legal expertise of draft orders, instructions, regulations and other acts of a legal nature prepared by the Company, their endorsement, as well as participation, if necessary, in the preparation of these documents.
3.3. Taking measures to amend or cancel legal acts issued in violation of the current legislation.
3.4. Organization of the preparation of opinions on legal issues arising in the activities of the Company, as well as draft regulations submitted for review by the Company.
3.5. Providing methodological guidance legal work in the Company, clarification of the current legislation and the procedure for its application, provision of legal assistance structural units in claim work, preparation and transmission necessary materials to judicial and arbitral authorities.
3.6. Representing the interests of the Company in court, arbitration court, as well as in state and public organizations when considering legal issues, conducting judicial and arbitration cases.
3.7. Participation in the preparation and conclusion of collective agreements, industry tariff agreements, the development and implementation of measures to strengthen labor discipline, regulate social and labor relations in the Company.
3.8. Work on the analysis and generalization of the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, developing proposals for improving control over compliance with contractual discipline in the supply of products, eliminating identified shortcomings and improving the production and economic and financial activities of the Company.
3.9. Preparation of materials on theft, waste, shortages, production of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for transfer to investigative and judicial authorities, taking measures to compensate for damage caused to the Company.
3.10. Participation in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the Company's property.
3.11. Preparation of opinions on proposals to bring the Company's employees to disciplinary and financial liability.
3.12. Participation in the review of materials on the status of receivables in order to identify debts requiring enforcement, ensuring the preparation of opinions on proposals for writing off bad debts.
3.13. Carrying out control over the Company's compliance with the procedure for certification of products established by law, acceptance of goods and products in terms of quantity and quality.
3.14. Organization of systematic accounting, storage, introduction of adopted amendments to legislative and regulations entering the enterprise, as well as those published by its head, providing access to them for users based on the use of modern information technologies, computer equipment, communications and communications.
3.15. Ensuring that the employees of the Company are informed about the current legislation, as well as organizing work to study officials Society of normative legal acts relating to their activities.
3.16. Organization of legal assistance public organizations Companies, advising employees on legal issues.
3.17. Execution of orders, orders and instructions, except for illegal ones.
3.18. Ensuring the safety of official and other secrets protected by the law of the Russian Federation.
3.19. Maintaining the level of qualifications necessary for the performance of official duties.
3.20. Compliance with the norms of professional ethics and established official procedures.
3.21. Not to take actions that impede the work of the Society, as well as lead to undermining its authority.
3.22. Fulfillment of other requirements stipulated by the legislation of the Russian Federation.
4. RIGHTS
The Legal Counsel has the right:
- to create organizational and technical conditions for the performance of official duties provided for by this instruction;
- participate in the preparation of decisions made by the Company in accordance with official duties, orders and orders;
- in accordance with the established procedure, request and receive materials and information necessary for the performance of official duties;
- make proposals for improving the work of the Company as a whole, its structural divisions;
- to improve their qualifications while maintaining the financial allowance for the position held for the entire period of study;
- receive monetary compensation for the performance of their duties;
- receive moral and material encouragement for the exemplary performance of their duties, enjoy the benefits provided by law.
5. RESPONSIBILITY
5.1. for non-compliance and improper performance official duties, exceeding official powers, as well as for non-compliance with the provisions established by the legislation of the Russian Federation and these Instructions, a disciplinary sanction may be imposed.
5.2. In addition to the disciplinary measures provided for by the Labor Code of the Russian Federation, depending on the severity of the misconduct and the circumstances of its commission, other measures of influence provided for by Russian legislation may be applied.
6. WORKING CONDITIONS
6.1. The mode of work of a legal adviser is determined in accordance with the Internal Labor Regulations established in the Company.
6.2. Due to operational needs, a legal adviser may travel on business trips (including local ones).
Familiarized with the instruction: _____________________ _____________________________
