APPROVE:
[Job title]
_______________________________
_______________________________
[Name of company]
_______________________________
_______________________/[FULL NAME.]/
"______" _______________ 20___
JOB DESCRIPTION
Legal Counsel
1.1. This job description defines and regulates the powers, functional and official duties, rights and responsibilities of the legal adviser [Name of organization in genitive case] (hereinafter referred to as the Company).
1.2. The legal adviser is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the head of the Company.
1.3. The Legal Counsel is a professional and reports directly to the Head of the Company's Legal Department.
1.4. Hired for the position of corporate legal advisor individual with the appropriate qualifications:
Legal adviser II category: higher professional (legal) education and work experience as a legal adviser or other positions filled by specialists with higher vocational education, not less than 3 years.
Legal Counsel: higher vocational (legal) education without presenting requirements for work experience or secondary vocational (legal) education and work experience in positions filled by specialists with secondary vocational education, at least 5 years.
1.5. The Legal Counsel is responsible for:
- timely and high-quality performance of tasks for their intended purpose;
- compliance with the performance and labor discipline;
- safety of documents (information) containing information constituting a trade secret of the Company, other confidential information, including personal data of employees of the Company, entrusted to him for the proper performance of the tasks assigned to him;
- compliance with labor safety measures, maintenance of order, compliance with the rules fire safety in the area of work assigned to him (workplace).
1.6. The legal adviser should know:
- legislative acts regulating the production, economic and financial activities of the enterprise;
- regulatory legal documents, methodological and regulatory materials on legal activity enterprises;
- civil, labor, financial, administrative law;
- tax law;
- environmental legislation;
- the procedure for keeping records and reporting on economic and financial activities enterprises;
- the procedure for concluding and executing business contracts, collective agreements, tariff agreements;
- order of systematization, accounting and maintenance of legal documentation using modern information technologies;
- fundamentals of economics, labor organization, production and management;
- funds computer science, communications and communications;
- labor protection rules and regulations.
1.7. The legal adviser in his work is guided by:
- local acts and organizational and administrative documents of the Company;
- internal labor regulations;
- rules of labor protection and safety, ensuring industrial sanitation and fire protection;
- instructions, orders, decisions and instructions of the immediate supervisor;
- this job description.
1.8. During the period of temporary absence of the legal adviser, his duties shall be assigned to [name of the position of the deputy].
2. Job responsibilities
The legal adviser is obliged to perform the following labor functions:
2.1. Develops or takes part in the development of legal documents.
2.2. Provides methodological guidance for legal work at the enterprise, provides legal assistance structural divisions and public organizations in the preparation and execution of various kinds of legal documents, participates in the preparation of substantiated answers when claims are rejected.
2.3. Prepares, together with other divisions of the enterprise, materials on theft, waste, shortages, release of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for submission to the arbitration court, investigative and judicial authorities, keeps records and storage of those in production and completed execution of judicial and arbitration cases.
2.4. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the enterprise's property.
2.5. Carries out the study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop proposals for eliminating the identified shortcomings and improving the economic and financial activities of the enterprise.
2.6. In accordance with the established procedure, draws up materials on the involvement of employees in disciplinary and liability.
2.7. Takes part in the work on the conclusion of business contracts, their legal examination, the development of the terms of collective agreements and industry tariff agreements, as well as consideration of issues of receivables and payables.
2.8. Controls the timeliness of submission by structural units of references, calculations, explanations and other materials for the preparation of responses to claims.
2.9. Prepares, jointly with other departments, proposals for changing existing or canceling orders that have become invalid and other regulations issued by the enterprise.
2.10. Conducts work on systematic accounting and storage of existing legislative acts, makes notes on their cancellation, changes and additions, prepares reference documentation based on the use of modern information technologies and computing tools.
2.11. Participates in the preparation of opinions on legal matters arising in the activities of the enterprise, draft regulations submitted for review.
2.12. Carries out informing the employees of the enterprise about the current legislation and changes in it, familiarizes the officials of the enterprise with regulatory legal acts related to their activities.
2.13. Advises employees of the enterprise on organizational, legal and other legal issues, prepares opinions, assists in the preparation of documents and acts of a property-legal nature.
In case of official necessity, the legal adviser may be involved in the performance of his official duties overtime, by decision of the immediate supervisor, in the manner prescribed by law.
3. Rights
The legal adviser at the enterprise has the right:
3.1. To give employees of the enterprise instructions and tasks on a range of issues included in his functional duties.
3.2. Monitor the implementation of planned targets and work, the timely execution of individual orders and tasks by employees of the enterprise.
3.3. Request and receive necessary materials and documents related to the activities of the legal adviser.
3.4. Enter into relationships with departments of third-party institutions and organizations to resolve issues within the competence of the legal adviser.
3.5. Represent the interests of the enterprise in the arbitration court and the court of general jurisdiction, in state bodies, third-party institutions and organizations, public organizations on legal protection of the interests of the enterprise.
4. Responsibility and performance evaluation
4.1. The legal adviser bears administrative, disciplinary and material (and in individual cases provided for by the legislation of the Russian Federation - and criminal) liability for:
4.1.1. Failure or improper performance guidance documents on accounting and other normative acts regulating the activities of organizing and maintaining accounting at enterprises.
4.1.2. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.
4.1.3. Failure or improper performance of labor functions and the tasks assigned to him.
4.1.4. Unlawful use of the granted official powers, as well as their use for personal purposes.
4.1.5. Inaccurate information about the status of the work entrusted to him.
4.1.6. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.
4.1.7. Failure to enforce labor discipline.
4.2. Evaluation of the work of a legal adviser is carried out:
4.2.1. Direct supervisor - regularly, in the course of the daily implementation by the employee of his labor functions.
4.2.2. Attestation Commission of the enterprise - periodically, but at least once every two years based on the documented results of the work for the evaluation period.
4.3. The main criterion for evaluating the work of a legal adviser is the quality, completeness and timeliness of his performance of the tasks provided for by this instruction.
5. Working conditions
5.1. The working hours of a legal adviser are determined in accordance with the internal labor regulations established by the Company.
Acquainted with the instruction ___________ / ____________ / "__" _______ 20__
"APPROVED" ___________________________ (head position)
___________________________ (name of company)
_____________/ _____________/ "___"___________ ____ G.
JOB DESCRIPTION
lawyer
1. General Provisions
1.1. This job description defines the functional duties, rights and responsibilities of a lawyer (hereinafter referred to as the Employee) _____ "____________" (hereinafter referred to as the Employer).
1.2. The employee is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the Head of the Employer.
1.3. The employee reports directly to ______________________________.
1.4. A person with a higher professional (legal) education and work experience in the specialty of ____ years (without presenting requirements for work experience) is appointed to the position of an Employee.
1.5. The employee must know:
Regulatory and teaching materials regulating the production and economic activities of the Employer;
Arbitration procedural, civil procedural law, fundamentals of criminal procedural law;
Civil, business, commercial, administrative, labor, financial, tax, _________, other branches of the legislation of the Russian Federation;
Profile, specialization and features of the structure of the organization;
The procedure for the conclusion and execution of business contracts, collective agreements, tariff agreements;
Ethics of communication with state bodies, local governments, legal entities and individuals;
Structure government agencies, local governments, judicial authorities;
Economics and organization of production, labor and management;
Office work standards for legal documents;
Basics of administration;
Rules and norms of labor protection;
Rules for industrial sanitation and fire safety;
Requirements for the quality of work (services) performed, for the rational organization of labor in the workplace.
1.6. During the period of temporary absence of the Employee, his duties are assigned to _____________________.
2. FUNCTIONAL RESPONSIBILITIES
The employee does:
Legal examination of contracts, agreements, other documentation;
Takes part in negotiations, develops draft contracts and annexes to them, agreements, protocols and other documentation in the course of the Employer's activities;
Development of constituent documents of the Employer, amendments to founding documents;
A selection of regulatory legal acts necessary for the implementation of the functions and duties of structural units and individual workers employer;
Verification of documents submitted for signature to the Head of the Employer for compliance with the current legislation of the Russian Federation;
Develops local regulations employer;
Claim work on the claims of third parties to the Employer, and also represents the Employer in courts, acting as a representative of the plaintiff, defendant, applicant, prepares statements of claim, statements, complaints, petitions and other documents and materials for resolving the case in court;
Preparation of applications, applications and other documents for obtaining licenses, permits and other documents necessary for the implementation of the activities of the Employer;
Written and oral advice to employees of the Employer on various legal issues, provides legal assistance in drafting legal documents;
- ____________________________________________________.
3. RIGHTS OF THE EMPLOYEE
3.1. The employee has the right to:
Providing him with a job stipulated by an employment contract;
A workplace that complies with state regulatory requirements labor protection and conditions stipulated by the collective agreement;
Complete reliable information about working conditions and labor protection requirements at the workplace;
Vocational training, retraining and advanced training in the manner prescribed by Labor Code Russian Federation, other federal laws;
Obtaining materials and documents related to their activities, familiarization with the draft decisions of the Organization's management relating to its activities;
Interaction with other departments of the Employer to resolve operational issues of their professional activities.
Submit proposals on the issues of their activities for consideration by their immediate supervisor.
3.2. The Employee has the right to demand from the Employer assistance in the performance of his duties.
4. RESPONSIBILITY OF THE EMPLOYEE
4.1. The employee is responsible for:
4.1.1. Failure to perform or improper performance of their duties under this job description - in accordance with applicable labor laws.
4.1.2. Violation of safety regulations and labor protection instructions.
4.1.3. Failure to take measures to suppress the identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the Employer and his employees.
4.1.4. Offenses committed during the period of its activities, in accordance with the current civil, administrative and criminal legislation of the Russian Federation.
4.1.5. Causing material damage - in accordance with the current legislation of the Russian Federation.
5. WORKING CONDITIONS
5.1. The work schedule of the Employee is determined in accordance with the Internal Labor Regulations established by the Employer.
5.2. In connection with the production need, the Employee is obliged to go on business trips (including local ones).
This job description has been developed in accordance with _______________________________________________. (name, number and date of the document)
AGREED: __________________________________________ (person who approves the job description)
______________ / _________________ / "___" _________ ____ (signature) (full name)
Acquainted with the instruction: ______________/_________________/ (signature) (full name)
Job description a lawyer establishes an employment relationship. The document describes the types of employee responsibilities, functional duties, rights, rules of subordination, the procedure for employment and dismissal, requirements for experience, education.
The instruction is prepared by the head of the legal department. Approved by the CEO of the organization.
The template below can be used when compiling a job description for a lawyer manufacturing enterprise, trade organization, budget institution, legal assistant, legal adviser. A number of points may differ depending on the specifics of the company.
sample lawyer job description
I. General provisions
1. A lawyer belongs to the category of "specialists".
2. During the absence of a lawyer, his functional duties, responsibility, rights are assigned to another official appointed in the prescribed manner.
3. The appointment or dismissal of a lawyer is carried out by order CEO organizations.
4. A person who has higher education and at least two years of experience in a similar position.
5. The lawyer reports directly to the head of the legal department.
6. A lawyer must know:
- labor, civil, administrative, financial law;
- methodological materials on the legal activities of the organization;
- environmental, tax legislation;
- regulatory legal acts that regulate the production, economic, financial activities of the organization;
- fundamentals of labor organization, economics, production, management;
- systematization, accounting and storage of legal documentation using information technology;
- rules for registration, conclusion of contracts, tariff agreements;
- the basics of handling computer technology, communications;
- safety regulations, labor protection standards;
- rules for compiling documentation on the economic, financial activities of the organization.
7. A lawyer is guided in his activities by:
- internal labor regulations, other governing acts of the organization;
- this job description;
- orders, orders of the management of the organization;
- legislative acts RF;
- The charter of the organization.
II. Responsibilities of a lawyer
The lawyer has the following duties:
1. Checks the compliance of draft orders, instructions, regulations and other documents of a legal nature with the legislation.
2. Controls the stages of approval of draft documents by responsible employees.
3. Endorses draft documents.
4. Issues reasonable instructions to the responsible employees of the organization on making changes to the documents.
5. Develops constituent documents. Participates in registration legal entities, dealing with securities.
6. Makes changes to the constituent documents of the organization.
7. Processes claims against the organization from state bodies, counterparties, employees. Prepares answers to them, creates draft decisions to satisfy requests or to refuse them.
8. Prepares, sends claims to contractors. Controls the course and results of their consideration.
9. Creates draft contracts, checks their compliance with the law.
10. Notarize established species contracts or maintains them state registration.
11. Prepares documents for obtaining licenses, permits that are necessary for the conduct of the organization's activities.
12. Takes measures to comply with pre-arbitration dispute resolution.
13. Prepares statements of claim and submits them to the courts.
14. Examines copies of statements of claim on claims against the organization.
15. Represents the interests of the organization in arbitration courts.
16. Checks the legality of dismissal, transfer of employees, imposition of penalties on them.
17. Represents the interests of the organization during inspections by control and supervisory authorities. Establishes the validity, correctness of the conclusions of the auditors, the correctness of the execution of the results of the audits.
18. Participates in the development of documents that relate to ensuring the safety of the organization's property.
19. Advises employees of the organization on legal issues. Provides legal assistance in drafting legal documents.
III. Rights
The lawyer has the right:
1. Require the management of the organization to create normal conditions for the performance of their duties, safety material assets, documents.
2. Notify the immediate supervisor of the identified shortcomings in the activities of the organization. Put forward proposals for their elimination.
3. To put forward proposals to the management to improve their work and the activities of the organization.
4. Make independent decisions within their competence.
5. Not to exercise their powers in the event of a danger to life or health.
6. Receive information about the decisions of the organization's management regarding the activities of the legal department.
7. Represent the interests of the organization in the prescribed manner.
8. Receive the necessary information to perform their job duties.
10. Communicate with employees of structural divisions of the organization on work issues.
11. Sign documents within their competence.
12. Contact specialists on issues that are beyond the competence of a lawyer.
IV. A responsibility
The lawyer is responsible for:
1. Violation of the norms of etiquette, business communication.
2. Violation of the requirements of the governing documents of the organization.
3. Illegal handling of personal information of employees, trade secrets, disclosure of confidential information.
4. Unauthorized representation of the interests of the organization by management
5. Consequences of independent actions, decisions.
7. Leading quality reporting documentation.
8. Causing damage to the organization, its employees, counterparties, the state.
9. Improper performance of their functional duties.
10. Violation of internal labor regulations, provisions of labor discipline, safety standards, fire protection.
APPROVE
CEO
Surname I.O.________________
"________"_____________ ____ G.
1. General Provisions
1.1. The lawyer of the enterprise belongs to the category of specialists.
1.2. A person with higher education is appointed to the position of corporate lawyer. legal education At least 3 years of experience as a Legal Counsel
1.3. The lawyer of the enterprise should know:
- Regulatory and methodological materials regulating the production and economic activities of the enterprise.
- Profile, specialization and features of the structure of the enterprise.
- Civil, business, commercial, administrative, labor, financial, tax and other branches of legislation.
- Arbitration procedural, civil procedural law, fundamentals of criminal procedural law.
- Standards of office work on legal documents.
- The structure of state bodies, local self-government bodies, judicial bodies.
- The order of systematization, accounting and maintenance of legal documentation using modern information technologies.
- Basics of administration.
- Ethics of business communication.
- Economics and organization of production, labor and management.
- Fundamentals of labor legislation.
- Rules and norms of labor protection.
1.4. Appointment to the position of a lawyer and dismissal from office are made by order of the head of the enterprise.
1.5. The corporate lawyer reports directly to the head of the enterprise.
1.6. During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner.
1.7. This person acquires the appropriate rights and is responsible for the improper performance of the duties assigned to him.
2. Job responsibilities
2.1. Carries out the development of constituent documents; ensures the registration of legal entities, issues of valuable shares, amendments to constituent documents; coordinates the work on keeping registers of shareholders (by third parties); defines legal framework bodies of the enterprise (develops provisions on the powers General Assembly, on the board of directors, on the board, on the audit commission, etc.); develops regulations on transactions related to the acquisition or alienation of property; coordinates transactions with the company's shares; determines the legal framework for the dividend policy at the enterprise and coordinates it.
2.2. Organizes work: to provide the enterprise with laws, regulations legal documents necessary for carrying out the activities of the enterprise; on accounting and maintaining bases of normative legal acts.
2.3. Provides subdivisions of the enterprise, individual specialists with regulatory legal acts necessary for the implementation of their functions and duties.
2.4. Carries out:
Verification of compliance with the legislation of draft orders, instructions, regulations and other documents of a legal nature submitted for signature to the head of the enterprise;
Checking compliance with the stages of approval of draft documents with responsible employees; approval of draft documents;
Issuance of instructions to responsible employees of the enterprise on the introduction of amendments or cancellation of acts due to changes in federal legislation.
2.5. Conducts contract work at the enterprise:
- determines the forms of contractual relations;
- develops draft contracts;
- checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties;
- takes measures to resolve disagreements on draft contracts;
- provides notarization or state registration certain types contracts.
2.6. Analyzes contractual work at the enterprise, develops programs for its revision and change, checks the status of contractual work in the structural divisions of the enterprise.
2.7. Carries out claim work at the enterprise:
- ensures the accounting of claims received from contractors, their consideration;
- prepares responses to claims received and adopts draft decisions on satisfaction or refusal to satisfy claims received;
- prepares claims against counterparties, sends them to counterparties and monitors the satisfaction of claims submitted to counterparties.
2.8. Conducts lawsuits:
- takes measures to comply with the pre-arbitration procedure for the settlement of contractual disputes;
- prepares statements of claim and materials and submits them to arbitration courts;
- examines copies of statements of claim on claims against the enterprise;
- ensures the maintenance of a data bank on claim work;
- represents the interests of the enterprise in arbitration courts;
2.9. Prepares applications, statements and other documents for obtaining licenses, permits necessary for the implementation of the enterprise's activities.
2.10. Participates in the development of documents related to the issues of ensuring the safety of the property of the enterprise (contracts on liability; instructions establishing the procedure for the receipt and acceptance of material assets at the enterprise, accounting for their movement; instructions for accounting for the release and sale of finished products).
2.11. Checks the legality of the dismissal and transfer of employees, the imposition of disciplinary sanctions on them.
2.12. Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities for the purpose of legal control over compliance with procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the registration of the results of inspections and the preparation of procedural documents.
2.13. 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 against the actions of officials of state supervisory bodies, against unlawfully imposed administrative penalties on the enterprise.
2.14. Provides written and oral advice to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents.
3. Rights
3.1. Request and receive from the structural units information, reference and other materials necessary to fulfill the duties stipulated by this Job Description.
3.2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.
3.3. Represent the company in accordance with the established procedure in the authorities state power, other institutions and organizations on legal issues.
3.4. Give structural subdivisions and individual specialists binding instructions on legal issues.
3.5. Take measures when violations of the law are found at the enterprise and report these violations to the head of the enterprise in order to bring the perpetrators to justice.
3.6. In agreement with the head of the enterprise, involve experts and specialists in the field of law for consultations, preparation of conclusions, recommendations and proposals.
3.7. Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.
3.8. Submit proposals for improvement of the work related to the responsibilities provided for in this Instruction for consideration by the management.
3.9. Require the management of the enterprise to ensure the organizational and technical conditions and execution of the established documents necessary for the performance of official duties.
4. Responsibility
4.1. For improper performance or non-performance of their official duties provided for by this Job Description, within the limits established by the current labor legislation of the Russian Federation.
4.2. For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of the Russian Federation.
4.3. For causing material damage to the enterprise - within the limits established by the current labor and civil legislation of the Russian Federation.
A lawyer is a specialist reporting directly to the head of the organization, in the absence of a full-fledged legal department. Such an employee must necessarily have a higher education in the relevant industry and with a full knowledge of jurisprudence.
Legal specializations fall into the following categories:
- Legal consultant - higher education without work experience or secondary vocational education with an experience of 5 years;
- Legal consultant of the 2nd category - the requirements for the applicant are similar, but work experience of at least 3 years is required, even with higher education;
- Category 1 legal consultant – for this position, you must have at least 3 years of work experience in a category 2 position.
Job description of a lawyer of a budgetary institution and a non-budgetary enterprise
The job description is an organizational and administrative document for internal purposes, correcting the powers, responsibilities and obligations of the lawyer of this enterprise.
This is a very important document for any kind of organization, it allows you to systematize job data, which simplifies the process of making changes.
How to write a guide for a lawyer?
The instruction of a lawyer of any enterprise - budgetary, commercial, industrial should contain the main sections:
- General provisions - affiliation and category, the procedure for appointment and dismissal from it.
Job responsibilities of a specialist:
- Verification of compliance with the legislation of documentation for legal purposes;
- Control of the stage of approval of these documents;
- Approval of documentation;
- A lawyer develops and amends constituent documents;
Works with claims and appeals of state bodies to the company.
- Prepares claims from the organization;
- Checks the legal compliance of contracts;
- Prepares documents for obtaining excise taxes and other permits;
- Conducts communication with a notary;
- Resolves pre-trial preparation of documents;
- Represents the interests of the company in courts;
- Supervises the work of the personnel department - the legality of hiring and dismissal of employees.
In order to become a lawyer at an enterprise or in a state institution and perform their duties with high quality, it is not enough to graduate from the Faculty of Law, it is necessary to choose the right university, which will play a big role in hiring.
Where can I download a sample instruction?
You can download a sample job description for a lawyer in an institution.
Not the last factor will be the personal qualities of the applicant - curiosity, strict adherence to the letter of the law and its high-quality knowledge will play into the hands of an active and purposeful young man.
You will learn about the main tasks of a lawyer in an enterprise from this video:
