Job description for a lawyer of a group of companies. Sample of a typical job description for a legal consultant. Main features of filling

IN job description the scope of duties and work that must be performed by a person holding a certain position is specified. Job description in accordance with All-Russian classifier management documentation, or OKUD, OK 011-93 (approved by Gosstandart Resolution No. 299 dated December 30, 1993) is classified as documentation on the organizational and regulatory regulation of the organization’s activities. The group of such documents, along with the job description, includes, in particular, internal labor regulations, regulations on the structural unit, and staffing.

Are job descriptions required?

The Labor Code of the Russian Federation does not oblige employers to draw up job descriptions. After all, an employment contract with an employee must always disclose his labor function (work according to his position in accordance with staffing table, profession, specialty indicating qualifications or the specific type of work entrusted to him) (Article 57 of the Labor Code of the Russian Federation). Therefore, it is impossible to hold the employer liable for the lack of job descriptions.

At the same time, it is the job description that is usually the document in which the employee’s job function is specified. The instructions contain a list of the employee’s job responsibilities, taking into account the specifics of the organization of production, labor and management, the rights of the employee and his responsibilities (Letter of Rostrud dated November 30, 2009 No. 3520-6-1). Moreover, the job description usually not only reveals the employee’s job function, but also provides qualification requirements, which are presented for the position held or the work performed (Letter of Rostrud dated November 24, 2008 No. 6234-TZ).

The presence of job descriptions simplifies the process of interaction between employee and employer on content issues labor function, the rights and obligations of the employee and the requirements placed on him. That is, all those issues that often arise in relationships with both existing employees and newly hired ones, as well as with applicants for a certain position.

Rostrud believes that a job description is necessary in the interests of both the employer and the employee. After all, having a job description will help (Letter of Rostrud dated 08/09/2007 No. 3042-6-0):

objectively evaluate the employee’s activities during the period probationary period;
to reasonably refuse to hire (after all, the instructions may contain additional requirements related to the employee’s business qualities);
distribute labor functions among employees;
temporarily transfer the employee to another job;
assess the integrity and completeness of the employee’s performance of his or her job function.

That is why drawing up job descriptions in an organization is advisable.

Such instructions may be annexed to employment contract or approved as an independent document.

How to draw up a job description

A job description is usually drawn up on the basis of qualification characteristics contained in qualification directories (for example, in the Qualification Directory of Positions of Managers, Specialists and Other Employees, approved by Resolution of the Ministry of Labor dated August 21, 1998 No. 37).

For workers who are hired by blue-collar professions, unified tariff and qualification directories of work and blue-collar professions for the relevant industries are used to determine their labor function. Instructions developed on the basis of such reference books are usually called production instructions. However, in order to unify and simplify internal documentation in an organization, instructions for blue-collar professions are often also called job descriptions.

Since the job description is an internal organizational and administrative document, the employer is obliged to familiarize the employee with it against signature when hiring him (before signing the employment contract) (

JOB DESCRIPTION FOR LAWYER

I approve

00.00.201_g.
m.p.
JOB DESCRIPTION FOR LAWYER OF THE LEGAL DEPARTMENT
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(name of institution)
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1. General Provisions
1.1. This job description defines the rights, duties and responsibilities of the lawyer of the legal department of _____________________ (hereinafter referred to as the “enterprise”). Name of institution
1.2. A person with .
1.3. A lawyer is a full-time employee, appointed to a position and dismissed from it on the recommendation of the head of the legal department.
1.4. A lawyer must know:
— legislative acts that regulate the financial and economic activities of the enterprise;
— regulatory and methodological materials on legal activities;
— regulatory legal documents;
— labor, civil, administrative and financial law;
- tax law;
— rules for keeping records and reporting on the economic and financial activities of the enterprise;
— rules for concluding and executing business contracts;
— basics of labor organization and economics;
- facilities computer technology, communications and communications;
— norms and rules of labor protection.
2. Job responsibilities
The lawyer is obliged:
2.1.Prepare reasonable responses when rejecting claims of third parties.
2.2.Participate in the development and implementation of measures to strengthen contractual, labor and financial discipline, as well as to ensure the safety of the enterprise’s property.
2.3.Develop or take part in the development of legal documents.
2.4. Provide legal assistance structural divisions in the preparation and execution of various types of legal documents.
2.5. Study, analyze and summarize the results of consideration of claims, arbitration and court cases, the practice of concluding and implementing business contracts in order to develop proposals for eliminating identified shortcomings, as well as improving the economic and financial activities of the enterprise.
2.6. Prepare materials on bringing employees to material and disciplinary liability.
2.7.Participate in the work on concluding business contracts, conducting their legal examination, and in considering issues of accounts payable and receivable.
2.8. Monitor the timeliness of submission by structural units of calculations, certificates, explanations and other materials for preparing responses to claims, statements, reviews, statements of claim, petitions, letters, etc.
2.9.Together with other departments of the enterprise, prepare proposals for changing existing or canceling expired orders and other internal regulatory documents.
2.10.Inform the company’s employees about current legislation and changes in it.
2.11. Familiarize yourself with the regulatory legal acts that relate to their activities.
2.12. Provide employees with advice on organizational, legal and other legal issues.
2.13.Prepare conclusions, assist in the preparation of documents and acts of a property and legal nature.
2.14. Prepare opinions on legal issues that arise in the activities of the enterprise.
3. Rights

A lawyer has the right:
3.1.Involve specialists from structural units to perform their functions, carry out orders and instructions with the consent of.
3.2. Require management and employees of structural divisions of the enterprise to submit documents that are necessary for work, subject to ensuring the safety of the received original documents and their timely return, within the period established by the head of the relevant structural division of the enterprise.
4. Responsibility

The lawyer is responsible:
4.1. For legal violations committed in the course of carrying out its activities within the framework defined by criminal, administrative and civil legislation.
4.2. For improper performance or failure to fulfill one’s job duties, which are provided for in this job description as defined by labor legislation
4.3. For causing material damage as defined by civil and labor legislation.

5. Interaction
5.1. The lawyer is subordinate to the head of the legal department of the enterprise.
5.2. When performing his official duties, the lawyer interacts with managers and employees of other structural divisions of the enterprise.

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I have read the instructions,

(signature) (surname, initials)
00.00.20__

JOB DESCRIPTION FOR CORPORATE LAWYER

I approve
_____________________________ (Last name, initials)
(name of organization, its ________________________________
organizationally - legal form) (director; other person authorized
approve job description)
00.00.201_g.
m.p.
JOB DESCRIPTION FOR CORPORATE LAWYER
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(name of institution)
00.00.201_g. №00
1. General Provisions
1.1. This job description defines the responsibilities, rights and job responsibilities of a corporate lawyer _____________________ (hereinafter referred to as the “enterprise”).
Name of institution
1.2. A person with a higher legal education and work experience as a legal adviser of at least ____ (3 years; 4 years, etc.) is hired for the position of corporate lawyer.
1.3. The corporation's lawyer is subordinate to the head of the enterprise.
1.4. During the absence of a lawyer (vacation, business trip, illness, etc.), his duties are assigned to a person appointed in accordance with the established procedure, who acquires the corresponding rights and is responsible for improper performance of the duties assigned to him.
1.5. The corporation’s lawyer must know:
— methodological and regulatory materials that regulate the production and economic activities of the enterprise;
-civil, commercial, tax, business, labor, administrative, financial law and other areas of legislation;
-specialization, profile and features of the enterprise structure;
-standards of office work according to legal documents;
— civil procedural arbitration procedural law, as well as the basics of criminal procedural law;
- structure, organs local government, government and judicial authorities;
- basics of administration;
- ethics business communication;
— rules for accounting, systematization and maintenance of legal documentation using modern information technologies;
— norms and rules of labor protection;
— economics and organization of production, labor and management;
— labor legislation of the Russian Federation.
1.6.Corporate lawyer appointed to a position and dismissed from it by order of the head of the enterprise.
2. Job responsibilities

The corporation lawyer is obliged to:
2.1. Register legal entities, make changes to constituent documents and issues valuable shares.
2.2. Develop constituent documents.
2.3. Coordinate the work of maintaining shareholder registers by third-party organizations.
2.4.Determine legal basis bodies of the enterprise.
2.5.Develop regulations on transactions that involve the acquisition or alienation of property.
2.6.Develop provisions on powers General meeting, about the management board, about the board of directors, about the audit commission, etc.).
2.7. Coordinate transactions with shares of the enterprise.
2.8. Determine the legal basis for the dividend policy at the enterprise and coordinate it.
2.9. Organize work to provide the enterprise with regulatory legal documents, laws that are necessary for the implementation of the enterprise’s activities, as well as for recording and maintaining databases of regulatory legal acts.
2.10. Check compliance with the stages of approval of draft documents with responsible employees; issuing orders to responsible employees of the enterprise to amend or cancel acts caused by changes in federal legislation, as well as to endorse draft documents.
2.11. Provide departments of the enterprise and individual specialists with regulatory legal acts that are necessary for them to perform their duties and functions.
2.12. Check compliance with the legislation of draft orders, regulations, instructions and other legal documents submitted to the head of the enterprise for signature.
2.13. Conduct contractual work at the enterprise.
2.14. Determine the forms of contractual relations.
2.15.Develop draft agreements.
2.16.Check the compliance of draft contracts that are presented to the enterprise by counterparties with the legislation.
2.17.Take measures to resolve disagreements on draft agreements.
2.18.Provide notarization, or state registration some types of contracts.
2.19.A Conduct an analysis of contractual work at the enterprise and develop programs for its revision and change.
2.20.Check the status of contractual work in the structural divisions of the enterprise.
2.21. Conduct claims work at the enterprise:
- ensure accounting of claims received from counterparties, as well as their consideration;
- prepare responses to received claims and make draft decisions on satisfaction or refusal to satisfy received claims;
— prepare claims to counterparties, send them to counterparties and control over the satisfaction of claims sent to counterparties.
2.22. Conduct claim work:
-take measures to comply with the pre-arbitration procedure for resolving contractual disputes;
- prepare materials and statements of claim and submit them to arbitration courts;
- study copies of statements of claim regarding claims against the enterprise;
- ensure maintenance of a data bank on claim work;
-represent the interests of the enterprise in arbitration courts.
2.23.Participate in the development of documents that relate to issues of ensuring the safety of the enterprise’s property (liability agreements, instructions that establish the procedure for receipt and acceptance at the enterprise material assets, accounting for their movement; instructions for accounting for the release and release of finished products).
2.24.Prepare applications, applications and other documents to obtain permits and licenses that are necessary to carry out the activities of the enterprise.
2.25.Verify the legality of the transfer of employees and their dismissal, as well as the imposition of disciplinary sanctions on them.
2.26. Represent 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 inspectors, the correctness and validity of the inspectors’ conclusions, drawing up procedural documents and recording the results of inspections.
2.27.Prepare and send complaints about actions officials state supervisory authorities, as well as administrative penalties unlawfully imposed on the enterprise.
2.28. Provide advice to employees of the enterprise on various legal issues in written and oral form.
2.29. Provide legal assistance in drafting legal documents.
2.30. Represent on behalf of the enterprise in state supervisory authorities that are authorized to consider cases of administrative offenses detected at the enterprise.
3. Rights

A corporate lawyer has the right:
3.1. Conduct independent correspondence with municipal, state and judicial authorities on legal issues.
3.2.Represent the enterprise in the authorities state power and other institutions and organizations on legal issues.
3.3.Give structural units and specialists mandatory instructions on legal issues.
3.4. When identifying violations of the law at the enterprise, take measures and report these violations to the head of the enterprise in order to bring the perpetrators to justice.
3.5.In agreement with the head of the enterprise, involve experts and specialists in the field of law to prepare opinions, consultations, recommendations and proposals.
3.6. Get acquainted with the documents that define his duties and rights in his position, the criteria for assessing the quality of performance of official duties.
3.7. Submit for consideration of management your proposals aimed at improving the work related to the responsibilities provided for in this Instruction.
3.8. Require the management of the enterprise to provide organizational and technical conditions and prepare established documents that are necessary to perform job duties.
3.9. Request and receive from structural units information, reference and other materials that are necessary to perform the duties provided for in this Job Description.
4. Responsibility

The corporate lawyer is responsible for:
4.1.For legal violations that were committed in the course of its activities within the framework established by the current administrative, civil and criminal legislation of Ukraine.
4.2. For improper performance or failure to fulfill one’s job duties, which are provided for by this Job Description within the framework established by the current labor legislation of Ukraine.
4.3. For causing material damage to the enterprise within the framework established by the current civil and labor legislation of Ukraine.
Head of structural unit: _____________ __________________
(signature) (surname, initials)
00.00.201_g.
I have read the instructions,
one copy received: _____________ __________________
(signature) (surname, initials)
00.00.20__

Job description of an enterprise lawyer
I approve

Job description of an enterprise lawyer

1. General Provisions

1. The company’s lawyer belongs to the category of specialists.
2. A person who has

3. An enterprise lawyer must know:

branches of legislation.

3.9. Ethics of business communication.

5. The lawyer reports directly to the manager
enterprises.

2. Job responsibilities

Enterprise lawyer:

coordinates it.

acts.

functions and responsibilities.

courts;

enterprises.

The company's lawyer has the right:

provided for herein.

questions.

recommendations and suggestions.

responsibilities.

Instructions for duties.

4. Responsibility

The company's lawyer is responsible for:

Federation.

Russian Federation.

I have read the instructions: ________________________________________________

Job description of a corporate lawyer
I approve
General Director of JSC (LLC)
Order N ____________________
from “__”_____________ 200 _ g.

Job description of a corporate lawyer

1. General Provisions

1. The corporation's lawyer belongs to the category of specialists.
2. A person who has
higher legal education, work experience as a legal consultant
less than ____ (3 years; 4 years; others)
3. A corporation lawyer must know:
3.1. Regulatory and methodological materials regulating
production and economic activities of the enterprise.
3.2. Profile, specialization and features of the enterprise structure.
3.3. Civil, entrepreneurial, commercial,
administrative, labor, financial, tax, _______________, others
branches of legislation.
3.4. Arbitration procedural, civil procedural law,
fundamentals of criminal procedure law.
3.5. Standards for paperwork based on legal documents.
3.6. The structure of state bodies, local bodies
self-government, judicial bodies.
3.7. The procedure for systematizing, recording and maintaining legal documentation with
using modern information technologies.
3.8. Administration Basics.
3.9. Ethics of business communication.
3.10. Economics and organization of production, labor and management.
3.11. Fundamentals of labor legislation.
3.12. Labor protection rules and regulations.
3.13. _____________________________________________________________.
4. Appointment to the position of lawyer and dismissal from office
carried out by order of the head of the enterprise.
5. The corporate lawyer reports directly to the manager
enterprises.
6. During the lawyer’s absence (business trip, vacation, illness, etc.)
his duties are performed by a person appointed in accordance with the established procedure.
This person acquires the corresponding rights and is responsible for
improper performance of the duties assigned to him.
7._________________________________________________________________.

2. Job responsibilities

Corporation lawyer:
1. Carries out the development of constituent documents; provides
registration legal entities, issues of valuable shares, amendments to
constituent documents; coordinates the work on maintaining registers
shareholders (third party organizations); defines the legal basis of the bodies
enterprise (develops regulations on the powers of the General Meeting, on
board of directors, management board, audit commission, etc.);
develops regulations on transactions related to the acquisition or
alienation of property; coordinates transactions with shares of the enterprise;
determines the legal basis for dividend policy at the enterprise and
coordinates it.
2. Organizes work: to provide the enterprise with laws,
regulatory legal documents necessary for the implementation
activities of the enterprise; on accounting and maintenance of regulatory legal databases
acts.
3. Provides business units and individual specialists
regulatory legal acts necessary for them to carry out their
functions and responsibilities.
4. Carries out: checking compliance with legislation
draft orders submitted for signature to the head of the enterprise,
instructions, regulations and other legal documents; check
compliance with the stages of approval of draft documents with responsible persons
employees; approval of draft documents; issuance to those responsible
employees of the enterprise of instructions to amend or cancel acts,
caused by changes in federal legislation.
5. Conducts contractual work at the enterprise: determines forms
contractual relations; develops draft agreements; checks
compliance with the legislation of draft agreements submitted
the company's counterparties; takes measures to resolve disagreements regarding
draft agreements; provides notarization or
state registration individual species contracts.
6. Analyzes contractual work at the enterprise, develops
program for its revision and changes, checks the status of the contractual
work in structural divisions of the enterprise.
7. Conducts claims work at the enterprise: provides accounting
claims received from counterparties, their consideration; prepares answers
on received complaints and makes draft decisions on satisfaction
or refusal to satisfy received claims; carries out
preparing claims to counterparties, sending them to counterparties and
control over the satisfaction of claims sent to counterparties.
8. Conducts claim work: takes measures to comply with pre-arbitration
procedure for settling contractual disputes; prepares claims
statements and materials and transfers them to arbitration courts; studies copies
statements of claim for claims against the enterprise; provides bank management
data on claim work; represents the interests of the enterprise in arbitration
courts;
9. Prepares applications, statements and other documents for receipt
licenses, permits necessary to carry out activities
enterprises.
10. Participates in the development of documents related to issues
ensuring the safety of the enterprise's property (agreements on
financial liability; instructions establishing the order
receipt and acceptance of material assets at the enterprise, accounting for them
movements; instructions for accounting for the release and release of finished products).
11. Checks the legality of dismissal and transfer
employees, imposing disciplinary sanctions on them.
12. Represents the interests of the enterprise during inspections carried out on
enterprise by state control and supervisory authorities in order to
legal control over compliance with procedural actions by inspectors,
validity and correctness of the inspectors’ conclusions, execution
results of inspections and preparation of procedural documents.
13. Represents on behalf of the enterprise in government
supervisory authorities authorized to consider cases of administrative
offenses detected at the enterprise; prepares and sends complaints
on the actions of officials of state supervisory authorities, on
administrative penalties unlawfully imposed on the enterprise.
14. Provides written and oral consultation to employees
enterprises on various legal issues, provides legal assistance in
drafting legal documents.
15. _______________________________________________________________.

A corporate lawyer has the right:
1. Request and receive information from structural divisions,
reference and other materials necessary to perform duties,
provided for in this Job Description.
2. Conduct independent correspondence with government officials,
municipal and judicial authorities on legal issues.
3. Represent the enterprise in the prescribed manner in the authorities
state authorities, other institutions and organizations for legal
questions.
4. Give to structural units and individual specialists
mandatory instructions on legal issues.
5. Take action when violations of the law are detected on
enterprise and report these violations to the head of the enterprise for
bringing the perpetrators to justice.
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 suggestions.
7. Get acquainted with the documents defining his rights and obligations
according to the position held, criteria for assessing the quality of performance of official
responsibilities.
8. Submit proposals for management’s consideration
improvement of work related to those provided for in this
Instructions for duties.
9. Require the management of the enterprise to provide
organizational and technical conditions and execution of established documents,
necessary for the performance of official duties.
10. _______________________________________________________________.

4. Responsibility

A corporate lawyer is responsible for:
1. For improper performance or failure to fulfill one’s official duties
duties provided for in this Job Description, in
within the limits established by the current labor legislation of the Russian Federation
Federation.
2. For offenses committed in the course of their activities - in
within the limits established by the current administrative, criminal and
civil legislation of the Russian Federation.
3. For causing material damage enterprise - within the limits
established by current labor and civil legislation
Russian Federation.
4. ________________________________________________________________.

Director of the Municipal Educational Institution "Education Center"

"___" ___________________ 20___

Job description legal adviser municipal evening (shift) educational institution "Education Center"

1.1. This job description defines functional responsibilities, rights and responsibilities of the legal adviser of the municipal evening (shift) educational institution “Education Center” (hereinafter referred to as the educational institution).

1.1. The legal adviser is appointed and dismissed from his position by the director of the educational institution.

1.2. A person with a higher legal or secondary specialized legal education is appointed to the position of legal adviser.

1.3. The legal adviser reports directly to the director of the educational institution.

1.4. In his activities, the legal adviser is guided by:

Legislative and normative-methodological documents regulating the activities of an educational institution;

Standards of paperwork for legal documents;

Charter of the educational institution;

Internal labor regulations;

Orders and instructions from the director of the educational institution;

This job description;

1.5. The legal adviser of an educational institution must know:

Labor, civil, administrative, land, financial, tax, criminal, and other branches of legislation;

Basic rules for organizing the documentary part of general office work;

Instructions for office work;

The structure of the educational institution;

Internal labor regulations.

The legal adviser is responsible for the following functions:

development of legal documents, methodological manual legal work in educational institution, consultation with employees of educational institutions on legal issues, assistance in the preparation of documents and acts of a legal nature, information and reference services on documents, their storage.

3. Job responsibilities

To perform the functions assigned to him, the legal adviser is obliged to:

3.1. Develop or take part in the development of legal documents.

3.2. Provide methodological guidance to legal work in an educational institution, provide legal assistance in the preparation of various types of legal documents, and participate in the preparation of substantiated responses when claims are rejected.

3.3. In accordance with the established procedure, draw up documents on bringing employees to disciplinary and financial liability.

3.4. Take part in the work on concluding contracts, conducting their legal examination, and developing conditions collective agreements.

3.5. Prepare proposals for changing existing or canceling expired orders and other regulations issued in an educational institution.

3.6. Carry out work on systematic recording and storage of current legislative regulations, make notes on their repeal, changes and additions, prepare reference documentation based on the use of modern information technologies and computing tools.

3.7. Take part in the preparation of opinions on legal issues arising in the activities of an educational institution, draft regulations submitted for review, as well as in the development of proposals for improving the activities of an educational institution.

3.8. Inform employees of the educational institution about current legislation and changes in it, familiarize the director of the educational institution and employees with regulatory legal acts related to their activities.

3.9. Consult employees of educational institutions on organizational, legal and other legal issues, provide assistance in the preparation of documents and acts of a legal nature.

3.10. Carry out one-time official assignments from your immediate supervisor.

The legal adviser has the right:

4.1. Get acquainted with the draft decisions of the management of the educational institution concerning its activities.

4.2. Require the administration to create conditions for the performance of direct duties.

4.3. Request the director of the educational institution from the teaching staff the necessary documents, as well as explanations of the reasons for the delay in the execution of controlled orders.

4.4. Involve employees in carrying out instructions from the administration of the educational institution.

4.5. Require performers to finalize documents prepared in violation of the established rules for the preparation and execution of documents.

4.6. Submit proposals for improvement of the organization of work with documents, taking into account the use of computer technology, for consideration by the director of an educational institution.

4.8. To protect professional honor and dignity.

4.9. On social guarantees and benefits established by the legislation of the Russian Federation.

4.10. For annual paid leave.

5.1. The legal adviser is responsible for:

For those committed in the process of implementing their labor activity offenses within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation;

For causing material damage within the limits determined by the current labor, criminal and civil legislation of the Russian Federation.

5.2. For non-fulfillment or improper fulfillment without good reason of the Charter and Internal Labor Regulations of an educational institution, other local regulations, legal orders of the director of an educational institution, official duties established by this instruction, including for failure to use granted rights, the legal adviser bears disciplinary liability in the manner defined by the labor legislation of the Russian Federation.

For gross violation labor responsibilities Dismissal may be applied as a disciplinary sanction.

5.3. For violation of fire safety and labor protection rules, the legal adviser is held administratively liable in the manner and in cases provided for by the administrative legislation of the Russian Federation.

6.1. In the course of its activities, it interacts with teaching, administrative and service personnel on issues of preparation and presentation necessary documents, checking the implementation of instructions, orders and instructions from the director of the educational institution.

6.2. Works in a standard working day according to a schedule based on a 40-hour working week and approved by the director of the educational institution

6.3. Carry out instructions from the director of the educational institution and inform him of any difficulties encountered in his work.

Occupational Safety and Health

Failure to comply or untimely implementation of orders, instructions of the administration, resolutions and other regulatory documents of the sanatorium, enterprise, higher organizations, owner, government and other authorities;

“Collection of normative materials on rationing and tariffing of labor of workers, managers, specialists and employees of health institutions of the Central Committee for the management of trade union resorts”

(Part 1 “Unified tariff and qualification characteristics of workers’ professions and qualification characteristics of positions of managers, specialists and employees” - 1990.

JOB DESCRIPTION for a legal consultant in an organization

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of a legal adviser in the organization.

1.2. A legal adviser is appointed and dismissed in accordance with the procedure established by current labor legislation by order of the head of the organization.

1.3. The legal adviser reports directly to ____________.

1.4. A person with a higher professional (legal) education and work experience in the specialty of at least one year is accepted for the position of legal adviser of an enterprise.

1.5. A legal adviser should know:

legislative acts regulating production, economic and financial activities In the organisation;

methodological and regulatory materials on legal activities;

civil, labor, financial, administrative law;

the procedure for concluding and registering economic, collective agreements, tariff agreements;

the procedure for systematizing, recording and maintaining 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.

2. FUNCTIONAL RESPONSIBILITIES

Note. The functional responsibilities of the legal adviser are determined on the basis and extent qualification characteristics for the position of head of the legal department and can be supplemented and clarified when preparing a job description based on specific circumstances.

2.1. Performs work to comply with the law in the activities of the enterprise and protect its legal interests.

2.2. Carries out a legal examination of draft orders, instructions, regulations, standards and other acts of a legal nature prepared at the enterprise, endorses them, and also participates, if necessary, in the preparation of these documents.

2.3. Takes measures to amend or cancel legal acts of the enterprise issued in violation of current legislation.

2.4. Organizes the preparation of opinions on legal issues arising in the activities of the organization, as well as on draft regulations submitted for review by the organization.

2.5. Represents the interests of the organization in court, arbitration court, in state and public organizations when considering legal issues, conducts judicial and arbitration cases.

2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, regulation of social and labor relations in the organization.

2.7. Conducts work to analyze and summarize the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals to improve control over compliance with contractual discipline for the supply of products, eliminate identified deficiencies and improve the production, economic and financial activities of the organization.

2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the organization’s property.

2.9. Prepares conclusions on proposals to bring the organization’s employees to disciplinary and financial liability. Participates in the review of materials on the status of accounts receivable in order to identify debts requiring forced collection, ensures the preparation of conclusions on proposals to write off bad debts.

2.10. Monitors compliance within the organization established by law procedure for product certification, acceptance of goods and products in terms of quantity and quality.

2.11. Organizes systematic recording, storage, introduction of adopted changes to legislative and regulations, coming to the organization, as well as published by its head, provides access to them for users based on the use of modern information technologies, computer technology, communications and communications.

2.12. Provides information to employees of the organization about current legislation, as well as organization of work to study by officials of the organization the regulatory legal acts related to their activities.

2.13. Provides consultations to employees on legal issues.

3. RIGHTS

A legal adviser in an organization has the right:

3.1. Get acquainted with the draft decisions of the head of the organization concerning the activities of the department headed.

4. RESPONSIBILITY

The legal adviser in the organization is responsible for:

3.1. Failure to perform or improper performance of one’s duties provided for in this job description is in accordance with current labor legislation.

3.2. Offenses committed during the period of its activities are in accordance with the current civil, administrative and criminal legislation of the Russian Federation.

3.3. Causing material damage - in accordance with the current legislation of the Russian Federation.

3.4. Violation of the internal labor regulations, fire safety and safety regulations established in the organization - in accordance with the current legislation of the Russian Federation.

5. WORKING CONDITIONS

5.1. The working hours of a legal adviser are determined in accordance with the internal labor regulations established at the enterprise.

The job description of a legal consultant regulates labor relations. The document defines the functional responsibilities, types of responsibility of the employee, his rights, rules of subordination, requirements for experience, education, procedure for employment and dismissal.

The instructions are developed by the head of the legal department. Approved by the general director of the organization.

The standard form presented below can be used when preparing a job description for a legal consultant in a production, trading company, in a budgetary educational institution, etc. Some provisions of the document may differ depending on the specialization of the organization.

Sample of a typical job description for a legal consultant

I. General provisions

1. A legal consultant belongs to the “specialists” category.

2. A person with a higher legal education and at least one year of experience in a similar position is appointed to the position of legal adviser.

3. The legal adviser reports directly to the head of the legal department.

4. The appointment or dismissal of a legal adviser is made by order general director organizations.

5. During the absence of a legal adviser, his functional duties, responsibilities, and rights are transferred to another official appointed in the prescribed manner.

6. A legal adviser must know:

regulatory, methodological materials on the legal activities of the organization;
legislative acts defining the economic, production, and financial activities of the organization;
rules for registration and conclusion of tariff agreements and contracts;
basics of labor organization, management, economics;
methods of systematization, maintenance, and accounting of legal documentation using information technology;
rules for compiling reports on the activities of the organization;
internal labor regulations, labor protection standards, safety regulations;
basics of handling communications media.

7. The legal adviser is guided in his activities by:

Charter, internal labor regulations, other governing acts of the organization;
this job description;
orders, instructions from management;
legislative acts of the Russian Federation.

II. Job responsibilities of a legal adviser

The legal adviser performs the following duties:

1. Manages legal work in the company, provides legal assistance to its structural divisions, public organizations in the preparation of legal documents.

2. Participates in the development of substantiated responses when claims are rejected.

3. Develops legal documents of the organization.

4. Prepares and implements measures to improve financial, contractual, labor discipline, and safety of the organization’s property.

5. Prepares materials about embezzlement, theft, shortages, production of low-quality, incomplete products, and violations of the law. Transfers them to investigative and judicial authorities, takes into account and stores case data.

6. Draws up documents on bringing employees to material and disciplinary penalties.

7. Participates in the development of conditions and conclusion of contracts, industry tariff agreements, their legal examination, study of issues of receivables and payables.

8. Controls the timing of sending documents, calculations, explanations, and other established materials.

9. Prepares proposals for changes, announcement of orders, and other regulations of the organization.

10. Study, summarize, analyze the results of consideration of judicial, arbitration cases and claims.

11. Takes into account and stores copies of legislative acts and regulatory documents. Makes entries about their cancellation, changes, prepares reference documentation based on the use of information technology.

12. Carry out official assignments from the immediate superior.

13. Informs the organization’s employees about the legal norms relevant to their activities.

14. Prepares opinions on legal issues that arise in the work of the organization.

15. Consults company employees on organizational, legal and other legal issues.

16. Prepares conclusions, assists in the preparation of property and legal documents.

17. Checks the legality of dismissal, transfer of employees, and imposition of penalties on them.

III. Rights

The legal adviser has the right:

1. Represent the interests of the organization in the prescribed manner.

2. Make independent decisions within the framework of your functional responsibilities.

3. Demand that the management of the organization create normal conditions for the execution of their powers, the safety of documents and material assets.

4. Send proposals to management to improve your work and the activities of the organization.

5. Not perform your functional duties if there is a danger to health or life.

6. Inform your immediate superior about identified shortcomings in the organization’s activities. Make proposals for their elimination.

7. Enter into communication with employees of the organization’s structural divisions on work issues.

8. Receive information about decisions of the organization’s management that relate to the activities of the legal department.

9. Receive necessary information to perform their functional duties.

10. Sign documents within your competence.

12. Contact specialists on issues beyond the competence of a legal adviser.

IV. Responsibility

The legal adviser is responsible for:

1. Providing obviously false information to clients and management.

2. Unauthorized representation of the organization’s interests.

3. Illegal handling of trade secrets, personal information of employees, disclosure of confidential information.

4. Causing damage to the organization, its employees, the state, or contractors.

5. Quality of reporting documentation.

6. Violation of the requirements of the organization’s governing documents.

7. Consequences of your decisions and actions.

8. Improper execution of their official duties.

9. Violation of internal labor regulations, labor discipline requirements, fire protection standards, and safety regulations.

10. Violation of the norms of etiquette and business communication.

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Job description of a legal adviser

We bring to your attention a typical example of a job description for a legal consultant, sample 2017. A person who has a higher professional (legal) education without presenting requirements for work experience or a secondary vocational (legal) education and work experience in positions filled by specialists with a secondary education can be appointed to this position. vocational education, at least 5 years. Do not forget that each instruction from a legal adviser is issued in person against a signature.

This instruction has been developed in accordance with the requirements of ST RK ISO 9001 and is a document of the quality management system.

The instructions establish the powers and responsibilities of a lawyer in the legal department (LD) in working on the legal support of an enterprise.

1. General part

1.1. This job description defines the functional, job responsibilities, rights and responsibilities of an enterprise lawyer.

1.2. A lawyer is appointed to a position and dismissed from his position by order of the director of the enterprise on the recommendation of the head of the South Ossetia.

1.3. The lawyer reports directly to the head of the South Ossetia.

1.4. In his activities, a lawyer is guided by:

The current legislation of the Republic of Kazakhstan (RK), Decrees of the President of the RK, decrees of the Government of the RK;

Regulations on South Ossetia;

Documents of the quality management system (QMS);

Orders and instructions of the director of the enterprise;

Internal labor regulations of the enterprise;

This job description;

Safety regulations (HS), fire safety (FS), labor protection requirements (OHS) and industrial sanitation standards (OS).

1.5. Persons with a higher legal education can be appointed to the position of lawyer.

2. Responsibilities

The lawyer is obliged:

2.1. Develop or take part in the development of legal documents.

2.2. To prepare, together with other departments of the enterprise, materials on theft, embezzlement, shortages and other offenses for transferring them to the court, investigative and judicial authorities, to record and store court cases in progress and completed execution.

2.3. Participate in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.

2.4. Conduct a study and analysis of the practice of concluding and executing business contracts in order to develop proposals to eliminate identified shortcomings and improve the economic and financial activities of the enterprise.

2.5. In accordance with the established procedure, draw up materials on bringing employees to disciplinary and financial liability.

2.6. Take part in the work on concluding business contracts, conducting their legal examination, as well as considering issues of receivables and payables from bailiffs.

2.7. Register and store concluded contracts.

2.8. Take part in the consideration of claims, generalize the practice of handling claims, represent the interests of the enterprise when considering cases in court.

2.9. Monitor the timeliness of submission by structural divisions of the enterprise of certificates, calculations, explanations and other materials for preparing responses to claims, for preparing claims in court.

2.10. Prepare, together with other departments of the enterprise, proposals for changing existing or canceling orders that have lost force and other acts issued at the enterprise.

2.11 Carry out work on systematic recording and storage of current legislative regulations, prepare reference documentation based on the use of modern information technologies and computing tools.

2.12. Provide opinions on legal issues arising in the activities of the enterprise.

2.13. Comply with the requirements of the QMS documents.

2.14. Comply with the requirements of instructions and rules of health, safety, industrial safety and PS standards.

2.15. Inform employees of the enterprise about the current legislation of the Republic of Kazakhstan and changes in it, familiarize officials of the enterprise with regulatory legal acts related to their activities.

2.16. Carry out other actions on behalf of the management of the enterprise.

2.17. Maintain a register of contracts and constantly update it.

3. Rights

A lawyer from South Ossetia has the right:

3.1. Get acquainted with the draft decisions of the enterprise management concerning its activities.

3.2. Submit for consideration by management proposals to improve the activities of the enterprise on issues within its competence, proposals for adjusting QMS documents.

3.3. Sign and endorse documents within your competence.

3.4. Make decisions within your competence.

3.5. Require the management of the enterprise to provide assistance in the performance of their official duties and rights.

3.6. Give instructions and tasks to employees and services (divisions) of the enterprise on a range of issues included in their functional responsibilities.

3.7. Participate in the development of QMS documents.

3.8. Require the relevant structural divisions of the enterprise to provide information and documents necessary to carry out activities within its competence.

3.9. Involve, with the consent of the heads of structural units, employees of these structural units and other employees to jointly prepare draft documents and perform the tasks and functions assigned to them.

3.10. Represent the interests of the enterprise on issues related to production activities lawyer.

4. Responsibility

The lawyer is responsible for, within the limits determined by the current administrative, labor, civil and criminal legislation of the Republic of Kazakhstan, for:

4.1. Failure to fulfill one's official duties as provided for in this job description.

4.2. Failure to comply with the requirements of QMS documents.

4.3. The quality, reliability and correctness of the documents prepared by him and/or agreed upon by him, as well as for the reliability of the information provided by him government agencies, structural divisions and management of the enterprise.

4.4. Offenses committed in the course of carrying out their activities.

4.5. Causing material damage.

4.6. Failure to comply with the internal labor regulations of the enterprise, rules and instructions of HSE, industrial safety, occupational safety and security standards.

4.7. Failure to comply with the obligation of non-disclosure of trade secrets.

Diversity legal issues who regularly confront the management of any enterprise, forces them to include a lawyer on the organization’s staff. Large and medium-sized companies have entire legal departments that deal with compliance with the law in the process of operation, protection of the rights and interests of the enterprise, monitoring and timely response to all changes in legislation.

Small companies are limited to one lawyer who understands different areas of jurisprudence (and other types of law).

In some cases, the company does not have its own lawyer at all, and all issues are resolved under an agreement with a law firm.

The responsibilities of a lawyer in a company include:

Checking the compliance of any regulations issued by the company with current legislation. Participation in the development of these acts for prompt introduction of appropriate changes. If necessary, cancel previously issued orders and instructions in case of their non-compliance with the laws of the Russian Federation.
Participation in the development and signing of collective agreements.
Participation in the preparation of business contracts, making proposals for their improvement.
Drawing up claims and their legal support.
Preparation of materials for litigation regarding claims of other companies.
Protection of the interests of the enterprise in various organizations (state, public and others), as well as representation of the company in lower courts, arbitration or cassation courts.
Participation in the development of orders or regulations to bring employees to disciplinary or financial liability.
Reception, systematization and storage of any regulatory or legislative acts received by the company or directly related to its activities.
Regularly informing employees about changes in current legislation that directly or indirectly relate to their work activities.
Conducting consultations for company employees on various legal issues (housing, labor, family, criminal and others).
Development of measures aimed at preserving company property and preventing its theft.

One of the most important duties of a lawyer is to participate in the drafting of contracts. Before the contract is signed by the manager, it must undergo a comprehensive review, including verification of licenses, clearances, and permits. The correctness of the drawn up and signed contract may directly determine financial well-being enterprises.

How larger company and the more diverse its activities, the greater the number of legal issues its management has to resolve. The legal departments of such companies consist of specialists who deal with issues related to different directions rights. Narrow specialization allows company lawyers to solve the most complex questions in a specific area.

To ensure impartiality in decisions, lawyers (or legal departments) in an enterprise, as a rule, report directly to the head of the company.

Small companies and enterprises use two options for legal support in their work:

Own lawyer on staff of the enterprise.
Using the services of law firms for consultations or providing other types of legal assistance.

Each of these options has its own advantages and disadvantages, and the choice of what legal support will be in a particular case is made taking into account all the features of the situation.

Having your own lawyer is convenient because he is always ready to provide advice. During his time working in the company, he manages to become familiar with the peculiarities of its commercial and economic activity, so his consultations are always as useful and informative as possible.

On the other hand, one lawyer, even the most experienced one, is not able to understand different areas of law equally well. Availability in the state additional employee forces the employer to bear additional costs in the form of regular payments ( wage, deductions to social funds and so on).

Involving law firms allows you to get advice from the most experienced specialists in this area of law. However, such cases, and especially legal support for any cases, have a high cost.

The most appropriate is to involve law firms to resolve complex issues, as well as conduct cases in lower courts, arbitration or cassation courts. An in-house lawyer is effective for solving everyday issues or minor legal problems.

Existence modern enterprises impossible without legal support. Only a competent specialist is able to minimize the legal risks of a company when carrying out production, economic or administrative activities.

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