Job description of a lawyer of a group of companies. Sample of a typical job description of a legal counsel. Main features of filling
IN job description the scope of duties and work to 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 the Resolution of Gosstandart dated 30.12.1993 No. 299) is classified as documentation on organizational and regulatory regulation of the organization's activities. The group of such documents, along with the job description, includes, in particular, the internal labor regulations, the regulation on the structural unit, the staffing table.
Are job descriptions mandatory?
The Labor Code of the Russian Federation does not oblige employers to draw up job descriptions. Indeed, in an employment contract with an employee, his labor function should always be disclosed (work according to the 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 accountable for the lack of job descriptions.
At the same time, it is the job description that is usually a document in which the employee's labor function is specified. The instruction contains 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 responsibility (Letter of Rostrud dated 30.11.2009 No. 3520-6-1). Moreover, the job description usually not only discloses the labor function of the employee, but also provides qualification requirements, which are presented to the position held or work performed (Letter of Rostrud dated 24.11.2008 No. 6234-TZ).
The presence of job descriptions simplifies the process of interaction between the employee and the employer on content issues labor function, the rights and obligations of the employee and the requirements for him. That is, all those questions that often arise in relationships with both current employees and newly hired ones, as well as with applicants for a certain position.
Rostrud believes that the job description is necessary in the interests of both the employer and the employee. After all, the presence of a job description will help (Letter of Rostrud dated 09.08.2007 No. 3042-6-0):
- objectively assess the employee's activities during the period probationary period;
- reasonably refuse to hire (after all, the instructions may contain additional requirements related to the business qualities of the employee);
- to distribute labor functions between employees;
- temporarily transfer the employee to another job;
- assess the conscientiousness and completeness of the employee's job function.
That is why the preparation of job descriptions in the organization is advisable.
Such an instruction can be attached to labor contract or be approved as an independent document.
How the job description is drawn up
Job descriptions are usually drawn up on the basis of qualification characteristics, which are contained in qualification reference books (for example, in the Qualification reference book of positions of managers, specialists and other employees, approved by the Resolution of the Ministry of Labor No. 37 of 21.08.1998).
For workers who are hired in the professions of workers, to determine their labor function, uniform tariff and qualification reference books of work and professions of workers in the relevant industries are used. The instructions developed on the basis of such reference books are usually called production instructions. However, in order to unify and simplify internal documentation in the organization, instructions for blue-collar professions are often also referred to as 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 an employment contract) (
OFFICIAL INSTRUCTIONS OF THE LAWYER
I approve
00.00.201_y.
m.
OFFICIAL INSTRUCTIONS OF A LAWYER OF THE LEGAL DEPARTMENT
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(name of institution)
00.00.201_y. No. 00
1. General Provisions
1.1. This job description defines the rights, duties and responsibilities and attorney of the Legal Department of _____________________ (hereinafter referred to as the "enterprise"). Institution name
1.2 A person with.
1.3 A lawyer is a full-time employee, appointed and dismissed from it on the recommendation of the head of the legal department.
1.4 A lawyer should know:
- legislative acts that regulate the financial and economic activities of the enterprise;
- normative and methodological materials on legal activity;
- 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 the conclusion and execution of business contracts;
- the basics of the organization of labor and economics;
- facilities computing technology, communications and communications;
- norms and rules of labor protection.
2. Job responsibilities
A lawyer is obliged:
2.1.Prepare well-grounded responses in case of rejection of 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 company's property.
2.3. Develop or take part in the development of legal documents.
2.4. Provide legal assistance structural units in the preparation and execution of various kinds of legal documents.
2.5. Study, analyze and summarize the results of consideration of claims, arbitration and court cases, the practice of concluding and fulfilling business contracts in order to develop proposals to eliminate the identified deficiencies, as well as to improve the economic and financial activities of the enterprise.
2.6. Draw up materials on bringing employees to material and disciplinary responsibility.
2.7. Participate in the work on the conclusion of business contracts, their legal expertise, in the consideration of issues of accounts payable and receivable.
2.8. To 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 divisions of the enterprise, prepare proposals for changing existing or canceling orders and other internal regulatory documents that have become invalid.
2.10. Inform the employees of the enterprise about current legislation and changes in it.
2.11. To acquaint with the normative 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-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. To involve for the performance of their functions, the execution of orders and orders of specialists of structural divisions with consent.
3.2. Require the management and employees of the structural units of the enterprise to submit documents that are necessary for work, with the condition of ensuring the safety of the received original documents and their timely return, within the time period established by the head of the corresponding structural unit of the enterprise.
4. Responsibility
The lawyer is responsible:
4.1. For legal violations committed in the course of carrying out their activities in the framework of the criminal, administrative and civil legislation.
4.2. For improper performance or non-performance of their official duties, which are provided for by this job description in certain labor legislation
4.3.For causing material damage in accordance with civil and labor legislation.
5. Interaction
5.1. The lawyer is subordinate to the head of the legal department of the enterprise.
5.2. In the performance of his official duties, a lawyer interacts with managers and employees of other structural divisions of the enterprise.
00.00.201_y.
I have read the instructions,
(signature) (surname, initials)
00.00.20__
OFFICIAL INSTRUCTIONS FOR A CORPORATE LAWYER
I approve
_____________________________ (Surname, initials)
(name of the organization, its ________________________________
organizationally - legal form) (director; other person authorized
approve job description)
00.00.201_y.
m.
OFFICIAL INSTRUCTIONS FOR A CORPORATE LAWYER
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(name of institution)
00.00.201_y. No. 00
1. General Provisions
1.1. This job description defines the responsibilities, rights and duties of a corporate lawyer _____________________ (hereinafter referred to as the "enterprise").
Institution name
1.2 A person with a higher legal education, at least ____ length of service as a legal adviser (3 years; 4 years, etc.) is accepted for the position of a corporate lawyer.
1.3. The corporation 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 the prescribed manner, who acquires the relevant rights and is responsible for improper performance of the duties assigned to him.
1.5. A corporation lawyer must know:
- methodological and normative and materials that regulate the production and economic activities of the enterprise;
- civil, commercial, tax, entrepreneurial, labor, administrative, financial law and other branches of legislation;
-specialization, profile and features of the structure of the enterprise;
-standards of office work on legal documents;
- civil procedural arbitration procedural law, as well as the basics of criminal procedural law;
- structure, organs local government, state and judicial authorities;
-basis 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 the position and dismissed from it by order of the head of the enterprise.
2. Job responsibilities
A corporation lawyer must:
2.1. Register legal entities, amend the constituent documents and issue of valuable shares.
2.2. Develop constituent documents.
2.3. Coordinate work on the maintenance of registers of shareholders by third parties.
2.4. Define legal basis bodies of the enterprise.
2.5. Develop a regulation on transactions related to the acquisition or alienation of property.
2.6. Develop provisions on powers General meeting, on the management board, on the board of directors, on the audit commission, etc.).
2.7. Coordinate transactions with shares of the company.
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 normative legal documents, laws that are necessary for the implementation of the enterprise's activities, as well as for the accounting and maintenance of the bases of normative legal acts.
2.10. Verify compliance with the stages of approval of draft documents with responsible employees; issuance of instructions to responsible employees of the enterprise on amendments or cancellation of acts due to changes in federal legislation, as well as endorsement of draft documents.
2.11. Provide divisions of the enterprise, individual specialists with regulatory legal acts that are necessary for them to perform their duties and functions.
2.12. Check the compliance with the legislation of the draft orders, regulations, instructions and other documents of a legal nature submitted for signature to the head of the enterprise.
2.13. Carry out 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 submitted to the company by counterparties to the legislation.
2.17. To take measures to resolve disagreements on draft agreements.
2.18. Provide notarization, or state registration some types of contracts.
2.19. A To analyze the contractual work at the enterprise and develop programs for its revision and changes.
2.20. To check the state of contractual work in the structural divisions of the enterprise.
2.21. Carry out claim work at the enterprise:
- to ensure the accounting of claims that come from counterparties, as well as their consideration;
- to prepare responses to received claims and to make draft decisions on satisfaction or refusal to satisfy received claims;
- prepare claims against counterparties, send them to counterparties and control over the satisfaction of claims sent to counterparties.
2.22. Conduct a claim:
-to take measures to comply with the pre-arbitration procedure for the settlement of contractual disputes;
- prepare materials and statements of claim and submit them to arbitration courts;
- to study copies of statements of claim on claims against the enterprise;
- to ensure the maintenance of the data bank on the claim work;
-represent the interests of the enterprise in arbitration courts.
2.23. To take part in the development of documents that relate to the issues of ensuring the safety of the property of the enterprise (agreements on liability, instructions that establish 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).
2.24. Prepare applications, applications and other documents for obtaining permits and licenses, which are necessary for the operation 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. To represent the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory bodies in order to provide legal control over the observance of procedural actions by the inspectors, the correctness and validity of the conclusions of the inspectors, the preparation of procedural documents and the registration of the results of inspections.
2.27. Prepare and send complaints against the actions of officials of state supervisory authorities, as well as administrative penalties imposed on the enterprise.
2.28. Provide written and oral advice to employees of the enterprise on various legal issues.
2.29. Provide legal assistance in the preparation of legal documents.
2.30. Represent on behalf of the enterprise in the state supervisory authorities, which are authorized to consider cases of administrative offenses revealed at the enterprise.
3. Rights
A corporate lawyer has the right to:
3.1. Conduct independent correspondence with municipal, state and judicial authorities on legal issues.
3.2. To represent the company in the authorities state power and other institutions and organizations on legal issues.
3.3. To give structural divisions and specialists binding instructions on legal issues.
3.4. If violations of the law are detected at the enterprise, take action 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 company, involve experts and specialists in the field of law to prepare opinions, consultations, recommendations and proposals.
3.6. To get acquainted with the documents that determine his duties and rights for the position held, the criteria for assessing the quality of the performance of official duties.
3.7. Submit for management's consideration its proposals aimed at improving the work related to the responsibilities provided for in this Manual.
3.8. Require the management of the enterprise to provide organizational and technical conditions and the execution of the established documents that are necessary for the performance of official duties.
3.9. Request and receive from structural units information, reference and other materials that are necessary to perform the duties provided for by this Job Description.
4. Responsibility
The corporate lawyer is responsible for:
4.1. For legal violations committed in the course of their activities within the framework established by the current administrative, civil and criminal and legislation of Ukraine.
4.2. For improper performance or non-performance of their official 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 the structural unit: _____________ __________________
(signature) (surname, initials)
00.00.201_y.
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 lawyer of the enterprise belongs to the category of specialists.
2. A person who has
3. The company's lawyer must know:
branches of legislation.
3.9. Business ethics.
5. The lawyer reports directly to the head
enterprises.
2. Job responsibilities
Enterprise lawyer:
carries out its coordination.
acts.
roles and responsibilities.
courts;
enterprises.
The company's lawyer has the right:
provided by this.
questions.
recommendations and suggestions.
responsibilities.
Instruction responsibilities.
4. Responsibility
The company's lawyer is responsible for:
Federation.
Russian Federation.
I have read the Instruction: _______________________________________________
Job description of a corporation lawyer
I approve
General Director of JSC (LLC)
Order N ____________________
from "__" _____________ 200 _
Job description of a corporation lawyer
1. General Provisions
1. A corporation lawyer is a professional.
2. A person is appointed to the position of corporate lawyer who has
higher legal education, work experience as a legal adviser not
less than ____ (3 years old; 4 years old; others)
3. A corporation lawyer should know:
3.1. Normative and methodological materials regulating
production and economic activities of the enterprise.
3.2. Profile, specialization and features of the structure of the enterprise.
3.3. Civil, entrepreneurial, commercial,
administrative, labor, financial, tax, _______________, other
branches of legislation.
3.4. Arbitration procedural, civil procedural law,
fundamentals of criminal procedure law.
3.5. Legal records management standards.
3.6. The structure of state bodies, local authorities
self-government, judicial authorities.
3.7. The order of systematization, accounting and maintenance of legal documentation with
using modern information technologies.
3.8. Basics of administration.
3.9. Business ethics.
3.10. Economics and organization of production, labor and management.
3.11. Fundamentals of Labor Law.
3.12. Labor protection rules and regulations.
3.13. _____________________________________________________________.
4. Appointment to the position of a lawyer and dismissal
produced by order of the head of the enterprise.
5. The corporate lawyer reports directly to the head
enterprises.
6. During the absence of a lawyer (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 securities, amendments to
constituent documents; coordinates the work on maintaining the registers
shareholders (by third parties); defines the legal framework of the authorities
enterprises (develops provisions on the powers of the General Meeting, on
the board of directors, the management board, the audit commission, etc.);
develops regulations on transactions related to the acquisition or
alienation of property; coordinates transactions with the company's shares;
defines the legal basis for the dividend policy at the enterprise and
carries out its coordination.
2. Organizes work: to provide the enterprise with laws,
regulatory legal documents necessary to implement
the activities of the enterprise; for accounting and maintaining databases of regulatory legal
acts.
3. Provides divisions of the enterprise, individual specialists
regulatory legal acts necessary for the implementation of their
roles and responsibilities.
4. Carries out: verification of compliance with legislation
draft orders submitted for signature to the head of the enterprise,
instructions, regulations and other documents of a legal nature; check
compliance with the stages of approval of draft documents with responsible
employees; approval of draft documents; issuance to responsible
employees of the enterprise of orders to amend or cancel acts,
due to changes in federal legislation.
5. Conducts contractual work at the enterprise: determines the forms
contractual relationship; develops draft agreements; checks
compliance with the legislation of draft agreements submitted
the enterprise as counterparties; takes action to resolve disputes over
draft contracts; provides notarial certification or
state registration certain types contracts.
6. Analyzes contractual work at the enterprise, develops
program of its revision and amendment, checks the status of the contract
work in the structural divisions of the enterprise.
7. Conducts claims work at the enterprise: provides accounting
claims received from contractors, their consideration; prepares answers
on the claims received and makes draft decisions on satisfaction
or about the refusal to satisfy the received claims; carries out
preparation of claims against counterparties, their forwarding to counterparties and
control over the satisfaction of claims sent to counterparties.
8. Conducts legal proceedings: takes measures to comply with the pre-arbitration
the procedure for settling contractual disputes; prepares claims
statements and materials and submits them to arbitration courts; examines copies
statements of claim on claims against the enterprise; maintains the bank
data on claim work; represents the interests of the enterprise in arbitration
courts;
9. Prepares applications, statements and other documents for obtaining
licenses, permits required to carry out activities
enterprises.
10. Participates in the development of documents related to issues
ensuring the safety of the property of the enterprise (agreements on
material responsibility; instructions establishing the order
receipt and acceptance at the enterprise of material values, accounting for them
movement; 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 at
the enterprise by state control and supervisory authorities in order to
legal control over compliance with procedural actions by inspectors,
the validity and correctness of the conclusions of the inspectors, the execution
the results of inspections and the preparation of procedural documents.
13. Represents on behalf of the enterprise in state
supervisory bodies authorized to consider cases of administrative
offenses identified at the enterprise; prepares and sends complaints
on the actions of officials of state supervisory bodies, on
administrative penalties unlawfully imposed on the enterprise.
14. Provides written and oral advice to employees
enterprises on various legal issues, provides legal assistance in
drafting legal documents.
15. _______________________________________________________________.
A corporate lawyer has the right to:
1. Request and receive information from structural units,
reference and other materials required to perform duties,
provided by this Job Description.
2. Conduct independent correspondence with government officials,
municipal and judicial authorities on legal issues.
3. To represent the company in the established order in the authorities
state authorities, other institutions and organizations for legal
questions.
4. Give to structural divisions and individual specialists
binding legal instructions.
5. Take action if 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
by position, criteria for assessing the quality of performance
responsibilities.
8. Submit proposals for the management of
improving the work related to the provisions of this
Instruction responsibilities.
9. Require the management of the enterprise to provide
organizational and technical conditions and registration of established documents,
necessary for the performance of official duties.
10. _______________________________________________________________.
4. Responsibility
The corporate lawyer is responsible for:
1. For improper performance or non-performance of their duties
duties stipulated by this Job Description, in
the limits established by the current labor legislation of the Russian
Federation.
2. For offenses committed in the course of their activities - in
limits established by the current administrative, criminal and
the civil legislation of the Russian Federation.
3. For causing material damage enterprise - within,
established by the current labor and civil legislation
Russian Federation.
4. ________________________________________________________________.
Director of the MOU "Education Center"
"___" ___________________ 20___
Job description legal counsel municipal evening (shift) educational institution "Education Center"
1.1. This job description defines functional responsibilities, rights and responsibility of the legal adviser of the municipal evening (shift) educational institution "Education Center" (hereinafter - the educational institution).
1.1. The legal adviser is appointed and dismissed by the director of the educational institution.
1.2. A person who has a higher legal education or secondary specialized legal education is appointed to the position of a 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;
Legal Records Management Standards;
The charter of the educational institution;
Internal labor regulations;
Orders and orders of the director of the educational institution;
This job description;
1.5. An educational institution's legal counsel should know:
Labor, civil, administrative, land, financial, tax, criminal, other branches of legislation;
Basic rules for staging the documentary part of the general office work;
Instruction for office work;
The structure of the educational institution;
Internal labor regulations.
The legal adviser is responsible for:
development of legal documents, methodological guidance of legal work in educational institution, consultation of employees of an educational institution on legal issues, assistance in the preparation of documents and acts of a legal nature, information and reference services for documents, their storage.
3. Job responsibilities
To perform the functions assigned to him, the legal adviser must:
3.1. Develop or participate in the development of legal documents.
3.2. Provide methodological guidance for legal work in an educational institution, provide legal assistance in the preparation of various kinds of legal documents, participate in the preparation of substantiated answers when claims are rejected.
3.3. In accordance with the established procedure, draw up documents on bringing employees to disciplinary and material liability.
3.4. Take part in the work on the conclusion of contracts, conducting their legal expertise, developing conditions collective agreements.
3.5. Prepare proposals on changing existing or canceling orders and other normative acts issued in an educational institution.
3.6. Carry out work on the systematic accounting and storage of existing legislative normative acts, make notes about their cancellation, changes and additions, prepare reference documentation based on the use of modern information technologies and computing facilities.
3.7. Participate in the preparation of opinions on legal issues arising in the activities of an educational institution, draft regulatory acts that are submitted for review, as well as in the development of proposals for improving the activities of an educational institution.
3.8. To inform the employees of the educational institution about the current legislation and changes in it, to acquaint the director of the educational institution and employees with the regulatory legal acts related to their activities.
3.9. Advise employees of an educational institution on organizational, legal and other legal issues, assist in the preparation of documents and legal acts.
3.10. Carry out one-time service assignments of your immediate supervisor.
A legal adviser has the right to:
4.1. To 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 for the director of an educational institution from the teaching staff the necessary documents, as well as explanations about the reasons for the delay in the implementation of controlled assignments.
4.4. Involve employees in the implementation of instructions from the administration of the educational institution.
4.5. Require performers to revise documents prepared in violation of the established rules for the preparation and execution of documents.
4.6. Submit to the director of the educational institution proposals for improving the organization of work with documents, taking into account the use of computer technology.
4.8. To protect professional honor and dignity.
4.9. For social guarantees and benefits established by the legislation of the Russian Federation.
4.10. On annual paid vacation.
5.1. The Legal Counsel is responsible:
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 the 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 non-use of the granted rights, the legal adviser shall be disciplined in the manner, defined by the labor legislation of the Russian Federation.
For gross violation of labor duties, dismissal may be applied as a disciplinary penalty.
5.3. For breaking the rules fire safety and labor protection, a legal adviser is brought to administrative responsibility in the order and in cases provided for by the administrative legislation of the Russian Federation.
6.1. In the course of his activities, interacts with pedagogical, administrative and service personnel on preparation and presentation required documents, checking the fulfillment of instructions, orders and instructions of the director of an educational institution.
6.2. Works in a standard working day mode according to a schedule based on a 40-hour working week and approved by the director of the educational institution
6.3. Carries out the instructions of the director of the educational institution and informs him about the difficulties encountered in his work.
Occupational Safety and Health
Failure to fulfill or untimely fulfillment of orders, orders of the administration, decrees and other normative documents of the sanatorium, enterprise, higher organizations, owner, government and other authorities;
"Collection of normative materials on the standardization and tariffication of labor of workers, managers, specialists and employees of health institutions of the Central Council for the management of trade union resorts"
(Part 1 "Unified tariff and qualification characteristics of workers' professions and qualification characteristics of the positions of managers, specialists and employees" - 1990.
OFFICIAL INSTRUCTIONS of a legal advisor in an organization
1. GENERAL PROVISIONS
1.1. This job description defines the functional duties, rights and responsibilities of a legal counsel in the organization.
1.2. A legal adviser is appointed and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the organization.
1.3. The Legal Counsel reports directly to ____________.
1.4. A person with a higher professional (legal) education and work experience in the specialty for at least one year is admitted to the position of a legal adviser of an enterprise.
1.5. Legal counsel should know:
legislative acts regulating production, economic and financial activities In the organisation;
methodological and normative materials on legal activity;
civil, labor, financial, administrative law;
the procedure for the conclusion and execution of economic, collective contracts, tariff agreements;
the procedure for systematization, accounting and maintenance of legal documentation using modern information technologies;
fundamentals of economics, labor organization, production and management;
computer facilities, communications and communications;
rules and regulations of labor protection.
2. FUNCTIONAL RESPONSIBILITIES
Note. The functional responsibilities of a legal adviser are defined on the basis and in scope qualification characteristics according to the position of the head of the legal department and can be supplemented, clarified when preparing the job description based on specific circumstances.
2.1. Carries out work on the observance of legality in the activities of the enterprise and protection of its legal interests.
2.2. Carries out legal examination of draft orders, instructions, regulations, standards and other legal acts prepared at the enterprise, endorses them, and also participates, if necessary, in the preparation of these documents.
2.3. Takes measures to change or cancel the legal acts of the company, issued in violation of the current legislation.
2.4. Organizes the preparation of opinions on legal issues arising in the activities of the organization, as well as on drafts of normative acts submitted to the organization's recall.
2.5. Represents the interests of the organization in court, arbitration court, state and public organizations when considering legal issues, carries out the conduct of judicial and arbitration cases.
2.6. Participates in the preparation and conclusion of collective agreements, sectoral tariff agreements, the development and implementation of measures to strengthen labor discipline, regulation of social and labor relations in the organization.
2.7. He conducts work on the analysis and generalization of the results of the consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, develops proposals for improving control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving the production and economic and financial activities of the organization.
2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the organization's property.
2.9. Prepares opinions on proposals for bringing employees of the organization to disciplinary and material liability. Participates in the review of materials on the status of accounts receivable in order to identify debts requiring enforced collection, ensures the preparation of opinions on proposals for writing off bad debts.
2.10. Monitors compliance in the organization established by law the procedure for certification of products, acceptance of goods and products in terms of quantity and quality.
2.11. Organizes systematic accounting, storage, introduction of adopted amendments to legislative and regulations, entering the organization, as well as published by its head, provides access to them for users through the use of modern information technologies, computer technology, communications and communications.
2.12. Provides information to the employees of the organization about the current legislation, as well as the organization of work on the study by officials of the organization of regulatory legal acts related to their activities.
2.13. Provides legal advice to employees.
3. RIGHTS
A legal adviser in an organization has the right to:
3.1. Get acquainted with the draft decisions of the head of the organization concerning the activities of the department headed.
4. LIABILITY
The legal counsel in the organization is responsible for:
3.1. Failure to fulfill or improper fulfillment of their duties under this job description - in accordance with the current labor legislation.
3.2. Offenses committed during the period of their activities - in accordance with the current civil, administrative and criminal legislation of the Russian Federation.
3.3. Infliction of material damage - in accordance with the current legislation of the Russian Federation.
3.4. Violation of the Internal Labor Regulations, fire safety and safety rules established in the organization - in accordance with the current legislation of the Russian Federation.
5. CONDITIONS OF WORK
5.1. The work schedule of a legal adviser is determined in accordance with the Internal Labor Regulations established at the enterprise.
The job description of a legal adviser regulates labor relations. The document defines the functional responsibilities, types of responsibility of the employee, his rights, rules of subordination, requirements for experience, education, the procedure for employment and dismissal.
The instructions are developed by the head of the legal department. Approved by the CEO of the organization.
The sample form below can be used when preparing a job description for a legal adviser at a production facility, trade enterprise, in a budgetary educational institution, etc. Some provisions of the document may differ depending on the specialization of the organization.
Sample Typical Legal Counsel Job Description
І. General Provisions
1. The Legal Counsel belongs to the “specialists” category.
2. A person with a higher legal education and experience in a similar position for at least one year is appointed to the position of a legal adviser.
3. The Legal Counsel 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, responsibility, rights are transferred to another official appointed in the prescribed manner.
6. Legal counsel should know:
- normative, methodological materials on the legal activities of the organization;
- legislative acts that determine the economic, industrial, financial activities of the organization;
- rules for registration, conclusion of tariff agreements, contracts;
- fundamentals of labor organization, management, economics;
- methods of systematization, maintenance, accounting of legal documentation using information technologies;
- rules for drawing up reports on the activities of the organization;
- internal labor regulations, labor protection standards, safety rules;
- the basics of handling communications.
7. The legal adviser is guided in his activities:
- The Charter, internal labor regulations, other governing acts of the organization;
- this job description;
- orders, orders of the management;
- legislative acts of the Russian Federation.
II. Responsibilities of a legal adviser
The Legal Counsel performs the following job duties:
1. Supervises 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 reasonable responses to the rejection of claims.
3. Develops legal documents of the organization.
4. Prepares and implements measures to improve financial, contractual, labor discipline, safety of the organization's property.
5. Draws up materials about waste, embezzlement, shortages, production of low-quality, incomplete products, violation of the law. Submits them to investigative, judicial authorities, records, stores case data.
6. Draws up documents on bringing employees to material, disciplinary sanctions.
7. Participates in the development of conditions and the conclusion of contracts, industry tariff agreements, their legal expertise, the study of issues of receivables and payables.
8. Controls the timing of sending documents, calculations, explanations, and other established materials.
9. Prepares proposals on changes, announcement of orders, other regulations of the organization.
10. Examines, summarizes, analyzes the results of consideration of court cases, arbitration cases, claims.
11. Takes into account, keeps copies of legislative acts, regulatory documents. Makes records of their cancellation, changes, prepares reference documentation based on the use of information technology.
12. Carries out the official orders of the immediate superior.
13. Informs employees of the organization about the norms of legislation concerning their activities.
14. Prepares opinions on legal issues that arise in the work of the organization.
15. Consults the company's 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, imposition of penalties on them.
ІІІ. The rights
A legal adviser has the right to:
1. To represent the interests of the organization in the prescribed manner.
2. Make independent decisions within the framework of their functional responsibilities.
3. Require the management of the organization to create normal conditions for the performance of their powers, the safety of documents, material values.
4. Send proposals to the management to improve their work and the activities of the organization.
5. Do not perform their functional duties when there is a danger to health or life.
6. Inform the immediate superior of the identified deficiencies in the organization's activities. Make proposals for their elimination.
7. Enter into communication with employees of structural divisions of the organization on work issues.
8. Receive information about the decisions of the organization's management that relate to the activities of the legal department.
9. Receive the necessary information to perform their functional duties.
10. Sign documents within their competence.
12. Contact specialists on issues beyond the competence of the legal adviser.
IV. A responsibility
The Legal Counsel is responsible for:
1. Providing clients and management with knowingly false information.
2. Unauthorized representation of the organization's interests by the management.
3. Unlawful handling of commercial secrets, personal information of employees, disclosure of confidential information.
4. Causing damage to the organization, its employees, the state, contractors.
5. The quality of accounting documentation.
6. Violation of the requirements of the governing documents of the organization.
7. Consequences of their decisions and actions.
8. Inadequate performance of their duties.
9. Violation of the provisions of the internal labor regulations, the requirements of labor discipline, fire protection standards, safety measures.
10. Violation of the norms of etiquette, business communication.
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Job description of a legal adviser
We bring to your attention a typical example of the job description of a legal adviser, sample 2017. A person with a higher professional (legal) education without presenting requirements for work experience or secondary professional (legal) education and work experience in positions replaced by specialists with secondary vocational education, not less than 5 years. Do not forget, each instruction of the legal adviser is handed out against a receipt.
This instruction is developed in accordance with the requirements of ST RK ISO 9001 and is a document of the quality management system.
The instruction establishes the powers and responsibilities of a lawyer of the legal department (LU) in the work on the legal support of the enterprise.
1. General part
1.1. This job description defines the functional, job responsibilities, rights and responsibilities of the lawyer of the enterprise.
1.2. A lawyer is appointed and dismissed from his position by order of the director of the enterprise on the proposal of the head of the South Ossetia.
1.3. The lawyer reports directly to the head of YO.
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, resolutions of the Government of the RK;
Regulations on South Ossetia;
Quality management system (QMS) documents;
Orders and orders of the director of the enterprise;
Internal labor regulations of the enterprise;
This job description;
Safety regulations (TB), fire safety (PB), labor protection (OT) requirements and industrial sanitation (PS).
1.5. Persons with a higher legal education may be appointed to the position of a lawyer.
2. Responsibilities
A lawyer is obliged:
2.1. Develop or participate in the development of legal documents.
2.2. Prepare, together with other divisions of the enterprise, materials on embezzlement, waste, shortages and other offenses for transferring them to court, investigative and judicial authorities, to keep records and storage of those in production and completed court cases.
2.3. Participate in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the company'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 the identified deficiencies 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 material liability.
2.6. To take part in the work on the conclusion of business contracts, conducting their legal examination, as well as considering issues of receivables and payables from bailiffs.
2.7. Carry out registration and storage of concluded contracts.
2.8. To take part in the consideration of claims, to generalize the practice of considering claims, to represent the interests of the enterprise when considering cases in court.
2.9. Control the timeliness of submission by the 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 divisions of the enterprise, proposals to amend the existing or cancellation of invalid orders and other acts issued at the enterprise.
2.11 Carry out work on the systematic accounting and storage of current legislative normative acts, prepare reference documentation based on the use of modern information technologies and computing facilities.
2.12. Give opinions on legal issues arising in the activities of the enterprise.
2.13. Observe the requirements of the QMS documents.
2.14. Observe the requirements of the instructions and rules of labor protection, safety, industrial safety and the norms of the PS.
2.15. To inform the employees of the enterprise about the current legislation of the Republic of Kazakhstan and changes in it, familiarize the officials of the enterprise with the 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 with constant updating.
3. Rights
A lawyer from YUO has the right:
3.1. To get acquainted with the draft decisions of the management of the enterprise concerning its activities.
3.2. Submit for the management's consideration proposals for improving the enterprise's activities on issues within its competence, proposals for adjusting the QMS documents.
3.3. Sign and endorse documents within their competence.
3.4. Make decisions within their competence.
3.5. Require the management of the enterprise to assist in the performance of their duties and rights.
3.6. Give instructions, tasks to employees and services (departments) of the enterprise on a range of issues that are part of their functional responsibilities.
3.7. Participate in the development of QMS documents.
3.8. Require the relevant structural units of the enterprise to provide information and documents necessary for the implementation of activities that are within its competence.
3.9. Engage, with the consent of the heads of structural divisions, employees of these structural divisions and other employees for the joint preparation of draft documents and the implementation of tasks and functions assigned to it.
3.10. To represent the interests of the enterprise on issues related to production activities a lawyer.
4. Responsibility
A 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 their official duties provided for by this job description.
4.2. Failure to comply with the requirements of the QMS documents.
4.3. The quality, reliability and correctness of the documents prepared by him and / or agreed by him, as well as for the reliability of the information provided by him government bodies, structural divisions and management of the enterprise.
4.4. Offenses committed in the course of carrying out their activities.
4.5. Causing property damage.
4.6. Failure to comply with the internal labor regulations of the enterprise, the rules and regulations of safety, industrial safety, labor protection and PS standards.
4.7. Failure to comply with the obligation not to disclose commercial secrets.
Diversity legal issues, who regularly face the management of any enterprise, makes them include a lawyer on the staff of the organization Large and medium-sized companies have entire legal departments dealing with compliance with the rule of law in the process of operation, protection of the rights and interests of the enterprise, tracking 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 duties of a lawyer in the company include:
- Verification of compliance of any regulations issued by the company with applicable laws. Participation in the development of these acts for the prompt introduction of appropriate changes. If necessary, the cancellation of previously issued orders, instructions, in case of their inconsistency 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 on claims of other companies.
- Protection of the interests of an enterprise in various organizations (state, public and others), as well as representation of the company in lower courts, arbitration or cassation instances.
- Participation in the development of orders or instructions for bringing employees to disciplinary or material liability.
- Reception, systematization and storage of any regulatory or legislative acts that enter the company or are directly related to its activities.
- Regularly informing employees about changes in the current legislation, directly or indirectly related to their work activities.
- Consulting for company employees on various legal issues (housing, labor, family, criminal and others).
- Development of measures aimed at preserving the company's property and preventing its theft.
One of the most important duties of a lawyer is to participate in drafting contracts. Before the contract is signed by the manager, he must undergo a comprehensive check, including checking licenses, admissions, permits. The correctness of the drawn up and signed contract may directly depend on financial well-being enterprises.
Than larger company and the more varied its activities, the more legal issues its management has to solve. The legal departments of such companies are composed of specialists who deal with issues related to different directions the rights. Narrow specialization allows lawyers of companies to solve the most complex 
questions in a specific area.
To ensure impartiality in decisions, lawyers (or legal departments) in an enterprise usually report directly to the head of the company.
Small companies and enterprises use two options for legal support in their work:
- Own lawyer on the staff of the company.
- Using the services of law firms for advice or other types of legal assistance.
Each of these options has its own advantages and disadvantages and the choice of what the legal support will be, in a particular case, is taken taking into account all the features of the situation.
Your own lawyer is convenient because he is always ready to provide advice. During his work in the company, he manages to get acquainted with the features of its commercial and economic activity, therefore, 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 be equally well versed in different areas of law. The presence of an additional employee in the staff makes the employer incur additional costs in the form of regular payments ( wage, contributions to social funds, and so on).
Attraction law firms allows you to get advice from the most experienced specialists in this area of \u200b\u200blaw. However, such, and even more so the legal support of any cases, have a high cost.
The most expedient is the involvement of law firms to resolve complex issues, as well as conduct cases in lower courts, arbitration or cassation instance. Your own lawyer is effective for solving everyday issues or small problems of a legal nature.
Existence modern enterprises it is impossible without legal support. Only a competent specialist is able to minimize the legal risks of the company in the implementation of production, economic or administrative activities.
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