Job description legal adviser- one of the most voluminous, and it will be read “with passion.” Yes, and ourselves company lawyers are often involved in drawing up job descriptions for employees. The latter function, by the way, can be included in the job responsibilities of a legal adviser.
Job description of a legal consultant
(Job description for an enterprise lawyer)
I APPROVED
General manager
Last name I.O. ________________
"________"_____________ ____ G.
1. General provisions
1.1. A legal adviser belongs to the category of specialists.
1.2. A legal adviser is appointed and dismissed by order of the general director of the company.
1.3. The legal adviser reports directly to the general director / head of the legal service of the enterprise.
1.4. During the absence of a legal adviser, his rights and obligations are transferred to another official, as announced in the order of the organization.
1.5. A person who meets the following requirements is appointed to the position of legal adviser: higher legal education, 2 years of experience in similar work, knowledge of civil, business, administrative, labor, financial, procedural (arbitration and civil) branches of law.
1.6. The legal adviser is guided in his activities by:
- legislative acts of the Russian Federation;
- The company’s charter, internal labor regulations, and other regulations of the company;
- orders and instructions from management;
- this job description.
2. Job responsibilities of a legal adviser
The legal adviser performs the following duties:
2.1. Carries out the development of constituent documents; ensures registration of legal entities, issues of valuable shares, amendments to constituent documents; determines the legal basis of the enterprise's bodies.
2.2. Checks compliance with the law of draft orders, instructions, regulations and other legal documents submitted to the head of the enterprise for signature; checking compliance with the stages of approval of draft documents with responsible employees; approval of draft documents; issuing orders to responsible employees of the enterprise to amend or cancel acts caused by changes in federal legislation.
2.3. Conducts contract work at the enterprise: develops draft contracts; checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties; provides notarization or state registration of certain types of contracts.
2.4. Conducts claims work at the enterprise: ensures registration of claims received from counterparties and their consideration; prepares responses to received claims and makes draft decisions on satisfaction or refusal to satisfy received claims; prepares claims to counterparties, sends them to counterparties and monitors the satisfaction of claims sent to counterparties.
2.5. Conducts claims work: takes measures to comply with the pre-arbitration procedure for resolving contractual disputes; prepares statements of claim and materials and submits them to arbitration courts; examines copies of statements of claim regarding claims against the enterprise; represents the interests of the enterprise in arbitration courts;
2.6. Prepares applications, statements and other documents to obtain licenses and permits necessary for the activities of the enterprise.
2.7. Participates in the development of documents related to issues of ensuring the safety of enterprise property (liability agreements; 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 release of finished products).
2.8. Verifies the legality of the dismissal and transfer of employees, and the imposition of disciplinary sanctions on them.
2.9. Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities for the purpose of legal control over compliance with procedural actions by inspectors, the validity and correctness of the inspectors’ conclusions, registration of inspection results and the preparation of procedural documents.
2.10. Provides written and oral consultation to company employees on various legal issues, provides legal assistance in drawing up legal documents.
3. Rights of a legal adviser
The legal adviser has the right:
3.1. Request and receive from structural units information, reference and other materials necessary to perform the duties provided for in this job description.
3.2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.
3.3. Represent the enterprise in the prescribed manner in government bodies, other institutions and organizations on legal issues.
3.4. Provide structural units and individual specialists with binding instructions on legal issues.
3.5. Take measures when violations of the law are detected at the enterprise and report these violations to the head of the enterprise to bring those responsible to justice.
3.6. In agreement with the head of the enterprise, attract experts and specialists in the field of law for consultations, preparation of opinions, recommendations and proposals.
3.7. Endorse documents of management activities within the scope of their competence.
3.8. Submit proposals to management to improve your work and that of the company.
3.9. Require management to create normal conditions for the performance of official duties and the safety of all documents generated as a result of the company’s activities.
4. Responsibility of legal counsel
The legal adviser is responsible for:
4.1. For failure to perform and/or untimely, negligent performance of one’s official duties.
4.2. For failure to comply with current instructions, orders and regulations on maintaining trade secrets and confidential information.
4.3. For violation of internal labor regulations, labor discipline, safety and fire safety rules.
I APPROVED Head "_____________" ______________/_____________ (signature) (Full name) "____"_____________ _____ Mr. M.P. "___"__________ ____ city N _____
___________________________ (name of organization)
JOB DESCRIPTION for a legal consultant (sample)
1. GENERAL PROVISIONS
1.1. A legal adviser belongs to the category of specialists.
1.2. A person who has:
1.2.1. Legal adviser of the first category: higher professional (legal) education and work experience as a legal adviser of the second category for at least three years.
1.2.2. Legal adviser of category II: higher professional (legal) education and work experience in the position of legal adviser or other positions filled by specialists with higher professional education for at least three years.
1.2.3. Legal adviser: higher professional (legal) education, without requirements for work experience, or secondary vocational (legal) education and work experience in positions filled by specialists with secondary vocational education for at least five years.
1.3. Appointment to a position and dismissal from it are made by order of the Head of the organization.
1.4. A legal adviser should know:
Legislative acts regulating the production, economic and financial activities of the organization;
Regulatory legal documents, methodological and regulatory materials on the legal activities of the organization;
Civil, labor, financial, administrative law;
Tax legislation;
Environmental legislation;
The procedure for maintaining records and reporting on the economic and financial activities of the organization;
The procedure for concluding and formalizing business contracts, 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;
Computer technology, communications and communications;
Labor protection rules and regulations.
1.5. The legal adviser reports directly to the __________ organization.
2. JOB RESPONSIBILITIES
Legal Advisor:
2.1. Develops or takes part in the development of legal documents.
2.2. Provides methodological guidance to legal work in the organization, provides legal assistance to structural units and public organizations in the preparation and execution of various types of legal documents, and participates in the preparation of substantiated responses when claims are rejected.
2.3. Prepares, together with other divisions of the organization, materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to the arbitration court, investigative and judicial authorities, records and stores 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, and ensure the safety of the organization’s property.
2.5. Conducts 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 identified shortcomings and improving the economic and financial activities of the organization.
2.6. In accordance with the established procedure, prepares materials on bringing employees to disciplinary and financial liability.
2.7. Takes part in the work on concluding business agreements, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements, as well as considering issues of receivables and payables.
2.8. Monitors the timeliness of submission by structural units of the organization of certificates, calculations, explanations and other materials for preparing responses to claims.
2.9. Prepares, together with other departments, proposals to change existing or cancel expired orders and other regulations issued in the organization.
2.10. Conducts work on systematic recording and storage of current legislative normative acts, makes notes on their repeal, 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 issues arising in the activities of the organization, draft regulations submitted for review.
2.12. Informs the organization's employees about current legislation and changes in it, familiarizes the organization's officials with regulatory legal acts related to their activities.
2.13. Consults employees of the organization on organizational, legal and other legal issues, prepares opinions, assists in the preparation of documents and acts of a property and legal nature.
3. RIGHTS
The legal adviser has the right:
3.1. Request and receive the necessary materials and documents related to the activities of the legal adviser.
3.2. Enter into relationships with departments of third-party institutions and organizations to resolve operational issues of production activities that are within the competence of the legal adviser.
3.3. Provide your comments on the development of the organization.
3.4. Make comments on issues related to changes in the organization's personnel composition.
3.5. At your own discretion, decide on the need to conduct explanatory work with employees of the organization in the field of legal regulation of their activities.
4. RESPONSIBILITY
The legal adviser is responsible for:
4.1. For improper performance or failure to fulfill one’s job duties as provided for in this job description, within the limits determined by the labor legislation of the Russian Federation.
4.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.
4.3. For causing material damage - within the limits determined by the labor and civil legislation of the Russian Federation.
5. WORKING CONDITIONS
5.1. The working hours of the legal consultant are determined in accordance with the Internal Labor Regulations established in the Organization.
5.2. Due to operational needs, the legal adviser is required to go on business trips (including local ones).
5.3. Job evaluation:
Regular - carried out by the immediate supervisor in the process of performing labor functions by the legal adviser;
- _____________________________________________________________________. (indicate the procedure and grounds for other types of performance assessment) __________________________ ______________ ______________________ (position of the person (signature) (full name) who compiled the instructions) "___"____________ ____ city __________________________ ______________ ______________________ (position (signature) (Full name) Acting manager) "___"____________ ____ AGREED BY: ________________ _________________ _______________________ (position) (signature) (Full name) "___"___________ ____ I have read the instructions ______________ ___________________ (signature) ( Full name) "___"__________ _____ g.
JOB DESCRIPTION
legal adviser in the organization
(approximate form)
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 the current labor legislation of the Russian Federation by order of the head of the enterprise.
1.3. The Legal Advisor 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 the production, economic and financial activities of the enterprise;
Methodological and regulatory materials on legal activities;
Civil, labor, financial, administrative law;
Tax legislation;
Environmental legislation;
The procedure for concluding and formalizing business contracts, 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;
Computer technology, communications and communications;
Labor protection rules and regulations.
2. FUNCTIONAL RESPONSIBILITIES
Note. The functional responsibilities of a legal adviser are determined on the basis and to the extent of the 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.
Legal adviser of the organization:
2.1. Performs work to comply with the rule of law in the activities of the organization 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 in the organization, 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 organization issued in violation of the current legislation of the Russian Federation.
2.4. Organizes the preparation of opinions on legal issues arising in the activities of the organization, as well as draft regulations submitted for review by the organization.
2.5. Represents the interests of the organization in court, arbitration court, as well as 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, regulate 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 enterprise’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 in the organization with the procedure established by the legislation of the Russian Federation 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 regulatory acts received by the organization, as well as issued 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 the current legislation of the Russian Federation, as well as organization of work to study by officials of the organization the regulatory legal acts related to their activities.
2.13. Organizes the provision of legal assistance to the organization and consultation of 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.
3.2. Participate in discussions of issues related to the duties performed by him.
3.3. Interact with the heads of other structural divisions of the organization.
3.4. Sign (endorse) documents within your competence.
3.5. Require the head of the organization to provide assistance in the performance of his official duties and rights.
3.6. Enter into relationships with departments of third-party institutions and organizations to resolve issues within the competence of the legal adviser.
3.7. Represent the interests of the organization in the arbitration court and court of general jurisdiction, in government bodies, third-party institutions and organizations, public organizations on issues of legal protection of the organization’s interests.
4. RESPONSIBILITY
The legal adviser in the organization is responsible for:
3.1. Failure to perform or improper performance of one’s duties stipulated by this job description is in accordance with the current labor legislation of the Russian Federation.
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 in the organization.
This job description has been developed in accordance with _________ __________________________________________________________________________. (name, number and date of document)
AGREED BY: Legal Adviser ____________ ___________________ (signature) (Full name)
"___"__________ ___ G.
I have read the instructions: _____________ ___________________ (signature) (full name)
"APPROVED" ___________________________ (manager position)
___________________________ (name of organization)
_____________/ _____________/ "___"___________ ____ 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. An employee is appointed to a position and dismissed from a position in the manner established by 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 ____ years of work experience in the specialty is appointed to the position of Employee (without presenting requirements for work experience).
1.5. The employee must know:
Regulatory and methodological materials regulating the production and economic activities of the Employer;
Arbitration procedural, civil procedural law, fundamentals of criminal procedural law;
Civil, entrepreneurial, commercial, administrative, labor, financial, tax, _________, other branches of legislation of the Russian Federation;
Profile, specialization and features of the organization’s structure;
The procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;
Ethics of communication with government agencies, local governments, legal entities and individuals;
The structure of state bodies, local governments, judicial bodies;
Economics and organization of production, labor and management;
Standards of paperwork for legal documents;
Administration Basics;
Labor safety rules and regulations;
Rules for industrial sanitation and fire safety;
Requirements for the quality of work (services) performed and 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 carries out:
Legal examination of contracts, agreements, and 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 constituent documents;
A selection of regulatory legal acts necessary for the implementation of the functions and responsibilities of structural divisions and individual employees of the Employer;
Checking documents submitted for signature to the Head of the Employer for compliance with the current legislation of the Russian Federation;
Develops local regulations of the Employer;
Claim work on claims of third parties against the Employer, and also represents the Employer in the courts, acting as a representative of the plaintiff, defendant, applicant, prepares statements of claim, statements, complaints, petitions and other documents and materials to resolve the case in court;
Preparation of applications, statements and other documents for obtaining licenses, permits and other documents necessary for the activities of the Employer;
Written and oral consultation of the Employer's employees on various legal issues, provides legal assistance in the preparation of legal documents;
- ____________________________________________________.
3. EMPLOYEE RIGHTS
3.1. The employee has the right to:
Providing him with work stipulated by the employment contract;
A workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement;
Complete reliable information about working conditions and labor protection requirements in the workplace;
Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;
Receiving materials and documents related to its activities, familiarizing itself with 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 issues related to your activities for consideration by your immediate supervisor.
3.2. The Employee has the right to demand from the Employer assistance in the performance of his official duties.
4. EMPLOYEE RESPONSIBILITY
4.1. The employee is responsible for:
4.1.1. Failure to perform or improper performance of one's duties as provided for in this job description - in accordance with current labor legislation.
4.1.2. Violation of safety rules and labor protection instructions.
4.1.3. Failure to take measures to suppress identified violations of safety, fire and other rules that pose a threat to the activities of the Employer and its employees.
4.1.4. Offenses committed during the period of their 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 Employee’s work schedule is determined in accordance with the Internal Labor Regulations established by the Employer.
5.2. Due to production needs, the Employee is required to go on business trips (including local ones).
This job description has been developed in accordance with ________________________________________________. (name, number and date of document)
AGREED BY: __________________________________________ (person signing the job description)
______________/_________________/ "___"_________ ____ (signature) (full name)
I have read the instructions: ______________/_________________/ (signature) (full name)
A legal adviser is hired by an organization on a permanent or temporary basis. The nature and scope of a lawyer's work depends on the size of the organization. Budgetary organizations often have a need for advice on labor law and income taxation. In large firms providing legal services, lawyers are involved in resolving disputes between organizations and individuals in court and pre-trial procedures. Provide assistance in disputes between individuals and legal entities:
- Budgetary institutions.
If the firm makes a profit from representation in court and legal advice, this should be reflected in the text of the lawyer's job description.
Sample of a typical job description for a legal consultant
The typical job description for a legal consultant should be edited based on the needs of a particular institution. It needs professional processing by a lawyer in each individual case.
General provisions
The position of a lawyer is classified by ETKS as a specialist. An employee with a higher or secondary vocational education can be hired. If you have a higher education, there may be no requirements for work experience as a lawyer. In general terms it is necessary to indicate documents that a lawyer should follow:
- A set of legislative acts and regulations regulating the economic, production and economic activities of an enterprise.
- Labor Code of the Russian Federation, Civil Code of the Russian Federation, Tax Code of the Russian Federation, federal laws and by-laws.
- Environmental regulations.
- Labor regulations at the enterprise and charter.
Also in general The following skills must be listed:
- Drawing up contracts between individuals and legal entities.
- Systematization of data and their use using computer and digital technology.
- Compliance with business ethics.
In conclusion, it is necessary to indicate that the legal adviser reports to the manager and assistant manager of the enterprise.
Job responsibilities
The legal adviser has the following duties:
- Participate in the development of employment contracts, job descriptions, charters and labor regulations and other standard forms of documents at the enterprise.
- Consult company employees if there is a need for legal assistance, questions regarding the payment of taxes and deductions.
- Prepare packages of documents and statements of claim for filing with judicial authorities. Represent the interests of the enterprise in court hearings.
- Draw up reports of theft, production of low-quality products or embezzlement at the enterprise. Recovery of material damage from defendants.
- Prepare responses to complaints from consumers and employees.
- Inform the manager and specialists about changes to the legislation of the Russian Federation if they regulate their professional activities.
- Participate in the registration of property in the ownership of the enterprise and its alienation.
The job description of the leading legal adviser must contain the duty to carry out the orders of the head of the legal department, if it is provided for in the staffing table.
Rights
The legal adviser has the right:
- Make inquiries to budgetary institutions and archives. Gain access to documents of structural divisions.
- Submit information about rewarding or imposing disciplinary liability on subordinates.
- Ask for assistance from management if it is necessary to purchase equipment or obtain a digital signature tool.
- Familiarize yourself with the texts of documents, including design documents.
For the smooth operation of the enterprise, the leading lawyer has the right to choose a candidate to replace him in the event of his incapacity.
Responsibility
The legal adviser is responsible for the following:
- Disclosure of commercial or medical secrets.
- Causing material damage to an enterprise.
A falsified document is grounds for administrative or criminal liability, depending on the severity of the consequences.
Working conditions
A lawyer’s workplace should not be in disrepair or epidemiologically dangerous. If the work involves travel and travel, this should be reflected in the working conditions. Sample instructions for different titles of the position of a legal consultant are available for download using the links below.