According to labor legislation The job responsibilities of a lawyer, as well as other employees, are specified upon hiring and specified in the instructions. This document is not mandatory for the enterprise, but is recommended for the purity of interaction between the employer and the employee. It reflects all the responsibilities assigned to the employee - in the event of a dispute, the instructions are the main evidence of the legality of the actions. Below we will consider the main provisions of the instructions, its preparation and approval.
Job description of an enterprise lawyer
The provisions of the job description of an ordinary lawyer of any enterprise - LLC, management company Housing and communal services, etc. – compiled by the head of the legal service or legal adviser of the company. For him, in turn, instructions are drawn up HR department and approved by the head of the enterprise.
Mandatory sections of a lawyer's job description
- General provisions. They reflect the specifics of the specialist’s work, his schedule and routine issues: the number of copies of the document, the place of its storage, who has the right to replace him during periods of absence and incapacity, etc. The requirements for the unit in terms of education, qualifications, and experience are also reflected here. Do not forget to list the areas of law in which the specialist being hired should be free to navigate: civil, criminal, economic, etc., as well as narrower aspects in which the employer is interested. For example, the practice of arbitration processes and litigation with tax office, free orientation in terms of commercial agreements, customs tariffs and other nuances that are significant for the enterprise. At the end of this section, the standards and rules that a lawyer must follow are indicated.
Important point! The first paragraph reflects the status of the employee: “specialist” and his subordination (an ordinary employee in the legal department or the only legal adviser)
- Responsibilities. The second section describes the job responsibilities of a lawyer at the enterprise in as much detail as possible. That is, what the employer expects from a specialist. The more points there are and the more specific they are, the more effective the cooperation is. The specialist knows exactly what is required of him, and the employer, in turn, knows what to expect. Failure to pay attention to this point can lead to trouble for the enterprise. It will be impossible to charge an employee for something that was not included in the instructions, but is necessary for the company.
- Rights. To fully perform his duties, a lawyer must exercise certain rights. The wider they are, the more freely the specialist can navigate. This paragraph reflects what exactly a specialist has the right to demand from his superiors, what level of access he is allowed to the documentation, plans and results of the company’s activities. Can a lawyer make proposals, make decisions without the approval of his superiors, represent his interests in authorities and before contractors, communicate professional themes with other employees, sign documents, receive and read correspondence, etc.
- Responsibility. It describes in detail what exactly a lawyer is responsible for and how. In addition to violation of job descriptions and failure to fulfill duties in full, liability is provided for non-compliance business ethics, labor discipline, subordination, infringement of the interests of other employees, etc. All nuances for which the company provides for penalties, fines and dismissal must be reflected in the job description of the company’s lawyer.
This document does not have a single standard. It can be on company letterhead or clean slate– as an example, a sample job description for a lawyer is given in 2017. The main thing is that it reveals the essence of the duties with their specific wording and is certified by the head of the enterprise.
Job Description for a Legal Assistant
IN large companies, whose staff, in addition to specialists, also includes assistants, a job description for a legal assistant is being developed. The principle of compilation and content are identical. Rights, duties and responsibilities must be spelled out in detail.
General provisions specify subordination and education and training requirements. Usually, experience does not matter for an assistant. This position involves performing preparatory work under the strict supervision of superiors. This includes providing office supplies, timely delivery of correspondence, monitoring the work schedule, planning, printing finished documents, preparing copies, etc.
Legal adviser job responsibilities
Job description legal counsel is developed according to general principle. It necessarily reflects the status of the employee - the only lawyer of the company with or without an assistant, or a leading specialist in the legal department. Depending on the status, rights, duties and responsibilities are specified.
The job responsibilities of a legal adviser include absolutely all legal aspects that an enterprise faces. His role can be performed by a specific specialist ( individual), and a law firm that has entered into an agreement with the company to provide legal support and support services.
In large companies without a staff of assistants or a whole legal department can't get by. The specificity of some industries does not allow on an ongoing basis use the services legal companies. It’s easier to grow and train your own specialists focused on required areas rights. In this case, the instructions also reflect the nature of interaction with subordinates.
A lawyer’s job description establishes labor relations. The document describes the types of employee responsibilities, functional responsibilities, rights, rules of subordination, procedure for occupation and dismissal, requirements for experience and education.
The instructions are prepared by the head of the legal department. Approved by the general director of the organization.
The standard form presented below can be used when drawing up a job description for a lawyer. manufacturing enterprise, trade organization, budgetary institution, legal assistant, legal consultant. A number of points may differ depending on the specifics of the company.
Sample of a typical job description for a lawyer
I. General provisions
1. A lawyer belongs to the “specialists” category.
2. During the absence of a lawyer, his functional duties, responsibilities, and rights are assigned to another official appointed in the prescribed manner.
3. The appointment or dismissal of a lawyer is carried out by order general director 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;
- teaching materials By legal activities organizations;
- environmental, tax legislation;
- regulatory legal acts that regulate the production, economic, and financial activities of the organization;
- fundamentals of labor organization, economics, production, management;
- systematization, recording and storage of legal documentation using information technology;
- rules for registration, conclusion of contracts, tariff agreements;
- basics of handling funds computer technology, communications;
- safety rules, labor protection standards;
- rules for drawing up business documentation, financial activities organizations.
7. A lawyer is guided in his activities by:
- internal rules labor regulations, other governing acts of the organization;
- this job description;
- orders, instructions from the management of the organization;
- legislative acts of the Russian Federation;
- Charter of the organization.
II. Job responsibilities of a lawyer
The lawyer performs the following duties:
1. Checks compliance with legislation of draft orders, instructions, regulations and other legal documents.
2. Controls the stages of approval of draft documents by responsible employees.
3. Endorses draft documents.
4. Issues reasonable instructions to responsible employees of the organization to make changes to documents.
5. Develops constituent documents. Participates in registration legal entities, handling of securities.
6. Makes changes to the constituent documents of the organization.
7. Processes claims against the organization from outside government agencies, contractors, employees. Prepares responses to them, creates draft decisions on granting petitions or refusing them.
8. Prepares and forwards claims to counterparties. Monitors the progress and results of their consideration.
9. Creates draft agreements and checks their compliance with legislation.
10. Notarizes or conducts established types of contracts state registration.
11. Prepares documents for obtaining licenses and permits that are necessary to conduct 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 regarding claims against the organization.
15. Represents the interests of the organization in arbitration courts.
16. Checks the legality of dismissal, transfer of employees, and imposition of penalties on them.
17. Represents the interests of the organization during inspections by control and supervisory authorities. Establishes the validity and correctness of the inspectors’ conclusions, and the accuracy of the execution of the inspection results.
18. Participates in the development of documents that relate to ensuring the safety of the organization’s property.
19. Consults employees of the organization on legal issues. Provides legal assistance in drafting legal documents.
III. Rights
A lawyer has the right:
1. Demand that the management of the organization create normal conditions for the fulfillment of their official duties, safety material assets, documents.
2. Notify the immediate supervisor about identified shortcomings in the organization’s activities. Make proposals to eliminate them.
3. Make proposals to management to improve their work and the activities of the organization.
4. Make independent decisions within your competence.
5. Do not exercise your powers if there is a danger to life or health.
6. Receive information about 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 necessary information to perform their official duties.
10. Enter into communication with employees of the organization’s structural divisions on work issues.
11. Sign documents within your competence.
12. Contact specialists on issues beyond the competence of a lawyer.
IV. Responsibility
The lawyer is responsible for:
1. Violation of the norms of etiquette and business communication.
2. Violation of the requirements of the organization’s governing documents.
3. Illegal handling of personal information of employees, trade secrets, disclosure of confidential information.
4. Unauthorized representation of the interests of the organization
5. Consequences of independent actions and decisions.
7. Quality of reporting documentation.
8. Causing damage to the organization, its employees, contractors, or the state.
9. Improper performance of one’s functional duties.
10. Violation of internal labor regulations, labor discipline provisions, safety standards, fire protection.
When registering an employment relationship with an employee whose employer has established competent personnel documentation, along with signing an agreement, issuing an order, making an entry in work book, also pays special attention familiarization of the employee with the job description against signature.
Although labor legislation does not contain direct legislatively approved norms and requirements for job descriptions, this need is dictated by established law enforcement practice, Western corporate values and quality standards.
The employment contract concluded between the parties contains general conditions labor, such as:
- details of the parties, date;
- place of work;
- employee function (position, specialty and qualifications);
- date of entry into office;
- salary;
- work schedule and conditions;
- insurance;
- if necessary, a probationary period;
- possible requirement of confidentiality, etc. in accordance with labor laws.
Who develops the document: features when filling it out
While the job description regulates the specific expectations of the employer from a particular specialist in a certain position, the employment contract often includes a reference to it and the obligation of the employee to comply with it. Then the instruction becomes part employment contract
.
Instructions are internal document of the organization and, despite the absence of requirements of the Labor Code of the Russian Federation for registration, it is extremely important document in terms of a detailed description of the functions, powers, obligations and responsibilities of the employee.
In case of disagreement with an employee, it can be used by both parties as a control lever. Its presence and signing is required by supervisory authorities, for example, labor inspectorates, prosecutors and courts when considering labor disputes.
The instructions can be developed by various departments depending on the size of the organization and the document flow and office work adopted in it, but, as a rule, managers participate in the development several departments: personnel and profile, in this case legal, since the document must indicate the volume professional responsibilities, qualifications and powers of the employee, which is within the power of a specialist with a narrow profile.
The instructions developed in this way must correspond to the organizational structure of the enterprise and the regulations on departments. After the instructions are endorsed by the heads of the above services, it is subject to approval by the head of the organization. When applying for a job as a legal adviser, he is introduced to it against his signature.
General provisions
Since there is no legally approved form, the organization is free to develop a document at your own discretion and direction of activity. Legal documents usually begin with general provisions following contents:
- job title by staffing table, departments, vertical and horizontal subordination and cooperation with departments and their heads, if necessary, the category of the employee is indicated;
- regulations adopted by the organization for hiring a legal adviser and terminating employment relations;
- mutual replacement of employees during absence;
- education and work experience, skills and abilities, advanced training courses, language skills, if necessary, if the organization involves foreign capital or operates in foreign markets.
Job responsibilities
Depending on the type of activity of the employer, the duties of a legal adviser can be divided into: following:
Rights
- expression in writing of reasonable disagreement with management decisions that violate the law;
- requirement of compliance with legislation by all divisions of the organization;
- requesting documentation necessary for work from other departments;
- maintaining correspondence with third parties legal aspects activities of the organization;
- representing the rights and legitimate interests of the employer in various negotiations and meetings with third parties;
- other rights granted by labor legislation.
Responsibility and performance evaluation
To describe the scope of responsibility of a legal adviser, it is necessary to build on his duties and current legislation. It makes sense to make this point of the instruction reference and formulate it that in case of violation:
- employment contract, job responsibilities, labor discipline, etc. the employee will be held liable under labor laws or local regulations of the enterprise;
- privacy rules the legal adviser will bear civil liability in addition to labor liability, i.e. the employer will recover damages, harm or loss from him;
- subject to administrative or criminal code, the employee will bear the corresponding responsibility under the law.
In the West, focused on quantitative and qualitative indicators for assessing employee productivity, the concept key performance indicators (KPI) – key performance indicators. For legal counsel, it is possible to provide the following indicators depending on the employer’s activities:
- compliance with deadlines for pre-trial or judicial work, fulfillment of instructions from management;
- no errors in operation;
- specific indicators (for example, development of regulations on the department, charter in new edition etc.);
- preventing disagreements with counterparties;
- number of cases won;
- training employees of other departments in the legal aspects of their work;
- development of reporting programs for the legal department;
- returned amount of receivables, etc.
It is also recommended to implement a system for determining a quarterly or annual goal by the employee himself, and based on its results, grading himself. The final performance assessment is made by the immediate head of the department.
Working conditions
The employee’s working conditions are considered essential provisions of his employment contract and are determined by it and the internal acts of the organization. There is no need to duplicate them in the job description.
Specifics for instructions from a legal adviser at an enterprise
A similar document for a specialist working at an enterprise will be more voluminous, because the instructions must reflect the requirements for high qualifications, extensive knowledge and extensive experience of the employee in various fields, such as:
- production;
- marketing;
- delivery;
- export-import;
- occupational health and safety;
- quality control;
- standardization;
- supply and logistics;
- accounting;
- currency regulation;
- franchises and royalties;
- banking and financial law:
- frames.
Accordingly, the section on responsibilities in the job description of such a legal adviser differs from a document developed for an employee of a small non-production organization.
Although there is no legal requirement to implement job descriptions, companies of various organizational forms and types of property to increase efficiency and optimize activities, they implement quality management systemsISO9001 (SMK), which assume that documented organizational structure and job descriptions are a key factor in an effective QMS.
I APPROVED
General manager
Last name I.O.________________
"________"_____________ ____ G.
1. General provisions
1.1. The company's lawyer belongs to the category of specialists.
1.2. A person with a higher education degree is appointed to the position of corporate lawyer legal education, work experience as a legal adviser for at least 3 years
1.3. A company lawyer should know:
- Regulatory and methodological materials regulating the production and economic activities of the enterprise.
- Profile, specialization and features of the enterprise structure.
- Civil, entrepreneurial, commercial, administrative, labor, financial, tax, and other areas of legislation.
- Arbitration procedural, civil procedural law, fundamentals of criminal procedural law.
- Standards of paperwork for legal documents.
- Structure of government bodies, bodies local government, judicial authorities.
- The procedure for systematizing, recording and maintaining 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.
- Labor protection rules and regulations.
1.4. Appointment to the position of a lawyer and dismissal from the position are made by order of the head of the enterprise.
1.5. A 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 accordance with the established procedure.
1.7. This person acquires the corresponding rights and bears responsibility for the improper performance of the duties assigned to him.
2. Job responsibilities
2.1. Carries out the development of constituent documents; provides registration of legal entities, issues valuable shares, amendments to constituent documents; coordinates the work on maintaining shareholder registers ( third parties); defines legal basis bodies of the enterprise (develops regulations on the powers General meeting, about the board of directors, about the board, about audit commission, etc.); develops regulations on transactions related to the acquisition or alienation of property; coordinates transactions with shares of the enterprise; determines the legal basis for the dividend policy at the enterprise and coordinates it.
2.2. Organizes the work: to provide the enterprise with laws, regulatory legal documents necessary for the implementation of the enterprise’s activities; on accounting and maintenance of databases of regulatory legal acts.
2.3. Provides divisions of the enterprise and individual specialists with the regulatory legal acts necessary for them to carry out their functions and responsibilities.
2.4. Carries out:
Checking 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.
2.5. Conducts contract work at the enterprise:
- determines the forms of contractual relations;
- develops draft agreements;
- checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties;
- takes measures to resolve disagreements on draft agreements;
- provides notarization or state registration individual species contracts.
2.6. Analyzes contractual work at the enterprise, develops programs for its revision and change, checks the status of contractual work in structural divisions enterprises.
2.7. Leads claim work at the enterprise:
- ensures accounting 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.
2.8. Conducts claim 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 for claims against the enterprise;
- ensures 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 to obtain licenses and permits necessary for the activities of the enterprise.
2.10. 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).
2.11. Verifies the legality of the dismissal and transfer of employees, and 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 inspectors, the validity and correctness of the inspectors’ conclusions, registration of inspection results and the preparation of procedural documents.
2.13. Represents on behalf of the enterprise in state supervisory authorities authorized to consider cases of administrative offenses identified at the enterprise; prepares and sends complaints about actions officials state supervisory authorities, against administrative penalties unlawfully imposed on the enterprise.
2.14. Provides written and oral consultation to company employees on various legal issues, provides legal assistance in drawing up legal documents.
3. Rights
3.1. Request and receive from structural divisions 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 authorities in accordance with the established procedure state power, other institutions and organizations for 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. Get acquainted with the documents defining his rights and responsibilities for his position, criteria for assessing the quality of performance of official duties.
3.8. Submit proposals for improvement of work related to the responsibilities provided for in these Instructions for consideration by management.
3.9. Require the management of the enterprise to provide organizational and technical conditions and prepare the established documents necessary for the performance of official duties.
4. Responsibility
4.1. For improper performance or failure to fulfill one’s official duties as provided for in 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.
I affirm:
Deputy General Director
on legal work and office management
JSC "____________"
"___" ______ 2002
Job description
legal advisor of the legal service
JSC "_________________"
I. General provisions
II. Job responsibilities
III. Rights
IV. Responsibility
I. General provisions
1.1. The legal adviser is appointed and dismissed from his position in accordance with current labor legislation Russian Federation, by order of the General Director on the proposal of the Deputy General Director for legal work and records management.
1.2. When performing his official duties (functions), he reports directly to the Deputy General Director for Legal Work and Records Management.
1.3. In case of temporary absence from work of one of the legal service employees, performs their duties.
1.4. A legal adviser should know:
1.4.1. Current legislation of the Russian Federation;
1.4.2. Practice of application of current civil, labor, financial, administrative law;
1.4.3. Resolutions, instructions, orders, other governing and regulatory documents higher and other bodies concerning the legal activities of open joint stock company"____________", hereinafter referred to as the "Company";
1.4.4. Technical means of mechanization and automation (computer equipment) for reference and information work on legislation and regulations, office equipment, be able to work on them;
1.4.5. The procedure for keeping records and drawing up reports on the Company’s contractual and claim work;
1.4.6. The procedure for concluding and formalizing business contracts;
1.4.7. Fundamentals of economics, labor organization and management;
1.4.8. Internal labor regulations and the Collective Agreement of the Company;
1.4.9. Rules and regulations of occupational health, safety, industrial sanitation and fire protection.
1.5. Qualification requirements for a legal consultant by payment category:
1.5.1. Legal consultant (non-category) - secondary or higher vocational education no requirements for work experience;
1.5.2. Legal adviser of category II - higher or incomplete higher (subject to continuing studies at a university) professional education and work experience as a non-category legal adviser for at least 3 years;
1.5.3. Legal adviser of the 1st category - higher professional education and work experience as a legal adviser of the 2nd category for at least 3 years;
1.5.4. Leading legal adviser - higher professional education and work experience as a legal adviser of category I for at least 3 years.
II. Job responsibilities
2.1. develops or takes part in the development internal documents“Society,” endorses them.
2.2. conducts legal examination of draft orders issued by the Company and endorses them.
2.3. Participates in the preparation of substantiated responses when rejecting claims and claims of the Company's counterparties.
2.4. Performs registration and conduct of cases in courts of general and special jurisdiction under a power of attorney from the "Company", carries out their accounting and storage.
2.5. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the Company’s property.
2.6. Takes part in the work of concluding business agreements (contracts), preparing opinions on their legal validity, endorses them and keeps records of them in a special journal.
2.7. Together with interested departments and services, participates in the consideration of issues regarding the liquidation of accounts receivable.
2.8. Maintains established reporting on claims and other work of the Company.
2.9. Prepares draft orders for cash payments for compensation by the "Company" for damage caused to employees by injury, occupational disease or other damage to health associated with their performance labor responsibilities, keeps records and storage of these cases and correspondence on them.
2.10. Prepares draft powers of attorney for representation on behalf of the Company, maintains their registration and journal records of their issuance, as well as storage of their copies.
2.11. Analyzes and summarizes the results of consideration of claims and court cases of general and special jurisdiction, and also studies the practice of concluding and executing business agreements (contracts) in order to develop appropriate proposals to eliminate identified shortcomings and improve the economic and financial activities of the “society”.
2.12. In accordance with the established procedure, draws up documents on bringing the Company's employees to disciplinary and financial liability.
2.13. Prepares, independently or jointly with other divisions (departments, services), proposals to change existing or cancel orders that have lost force, regulations issued by the Company.
2.14. Conducts reference and information work on legislation and regulations using computer equipment, as well as taking into account current legislation and other regulations, makes notes on their repeal, changes and additions.
2.15. Conducts work on legal propaganda, familiarizing officials of the Company with regulations related to their activities, and changes in current legislation.
2.16. Provides information and advice to employees of the Company and its shareholders on current legislation, and also makes opinions on legal issues, assists them in the preparation of documents and acts of a property and legal nature.
The legal adviser has the right:
3.1. Request and control the timeliness of submission to the legal service of the Company from its divisions (departments, services) of certificates, calculations, conclusions, explanations and other materials necessary for preparing the presentation of claims and claims to the Company's counterparties, as well as giving answers on them;
3.2. Check compliance with current legislation and local regulations in the structural divisions of the Company;
3.3. By special power of attorney, represent the interests of the “Society” in all state and non-state enterprises, institutions, organizations, commercial and non-profit organizations, regardless of their organizational and legal form;
3.4. Participate in meetings and conferences held by the management of the Company when discussing organizational and legal issues.
IV. Responsibility
The legal adviser, within the limits determined by the current labor legislation, bears disciplinary and financial liability to the "Society" for:
4.1. non-fulfillment or improper fulfillment of the “Internal Labor Regulations”, their official duties, orders and instructions of the management of the “Company”;
4.2. Material damage caused to the “Society” due to its fault.
4.3. Other violations and misconduct in accordance with the current legislation of the Russian Federation and internal regulations of the Company.
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