Job description of a real estate agency lawyer. Job responsibilities of an enterprise legal adviser. Job responsibilities of a lawyer in a pension fund

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Extra funds are usually not extra. Good example will support you in overcoming the inconvenience when writing a responsible appeal. This will open up a way to save money on hiring a specialist. Before using the sample, as a rule, it is necessary to carefully check the references to the articles of law written in it. Now they may well lose their freshness.

A lawyer is a specialist in ensuring the required level of legality in the work of citizens, government bodies and officials, institutions, enterprises, in uncovering and establishing facts of offenses, interpreting and applying laws, determining the extent of responsibility and punishing the perpetrators, and providing legal assistance to the population. So, for example, legal assistance in Voronezh can be provided on the website http://www.advokatvrn.ru/.

The duties of a lawyer include: participation in the preparation of legal opinions; representing the client’s interests before contractors and business partners; participation in negotiations with those lawyers who represent counterparties in transactions and the client; preparation and drafting of contracts and agreements; preparation of analytical documents on legal issues; consulting on various aspects of legal nature; conducting a review and analysis of proposed legislation and legislation that is in force; representing the client’s interests in the courts and in various government bodies.

Lawyer: what are the responsibilities of this specialist?

www.advokatvrn.ru/ .

A lawyer is common name a profession that unites all servants of the law: prosecutor, notary, legal adviser, lawyer, labor or tax inspector - these are all lawyers of appropriate specialties, each of which is associated with a specific area of ​​law.

The duties of a lawyer include:

Participation in the preparation of legal opinions;

Representing the client's interests before contractors and business partners;

Participation in negotiations with those lawyers who represent counterparties in transactions and the client;

Preparation and drafting of contracts and agreements;

Drawing up analytical documents on legal issues;

Consulting on various aspects of legal nature;

Conducting a review and analysis of proposed legislation and legislation that is in effect;

Representation of the client’s interests in the courts and in various government bodies.

It is worth noting that a lawyer must certainly know the Constitution of the country where he provides services; criminal, civil, labor, financial and administrative law; legislation that is currently in force; forensic methods; psychology, logic, basics of labor organization, economics, production and management.

This specialist must have such qualities as: a high sense of responsibility, perseverance, developed logical thinking, initiative, painstakingness, emotional stability, switchability of attention and concentration, good memory.

Legal assistant - what are the responsibilities?

A legal assistant falls into the category of technical performers.

2. A person with a professional (legal) education (higher; secondary) is appointed to the position of legal assistant (without any work experience requirements; work experience in the specialty is at least 1 year)

3. A legal assistant must know:

3.1. Fundamentals of substantive and procedural law.

3.2. Methodological and regulatory materials on legal activities.

3.3. Ethics of communication with government agencies, organs local government, legal entities and individuals.

3.4. Office standards.

3.5. The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.

3.6. Methods of information processing using modern technical means of communication and communications, computers.

3.7. Text editors and special legal software.

3.8. Internal labor regulations.

Internet Industry Library I2R.ru

Lawyers

Senior lawyer in a specialized company (managerial employee)

Senior lawyer law firm is responsible for key aspects activities of the law firm, oversees the most significant projects.

Job responsibilities:

  • Process management and distribution of work of the company's professional staff.
  • Coordination and development of client relationships, attracting new clients.
  • Participation in rendering a legal opinion.
  • Revision of issued documents.
  • Legal support of transactions.
  • Reports to the firm's partners.
  • Law firm lawyer (mid-level employee)

    A law firm lawyer works under the direction of the firm's senior lawyer and is responsible for wide range legal issues.

    Job responsibilities:

  • Preparation and drafting of agreements and contracts.
  • Participation in the preparation of legal opinions.
  • Consulting on various legal aspects.
  • Participation in negotiations with the client and lawyers representing counterparties in transactions.
  • Representing the client in courts, various government bodies, as well as representing the client’s interests before contractors and business partners.
  • Conducting a review and analysis of current legislation and proposed legislation, drafting analytical documents on various legal issues.
  • Boss legal department in the company (mid-level employee)

    The head of the legal department at the enterprise, manages the legal department at the enterprise, which is part of the company structure. Responsible for all legal aspects of the enterprise.

    Job responsibilities:

  • Escort commercial activities enterprises, analysis of standard contract forms.
  • Supervision of tax issues, corporate law, work with government regulations, regulation of labor relations.
  • Drawing up and analysis of civil contracts.
  • Participation in negotiations, legal consultations.
  • Registration of enterprises, representative offices, subsidiaries.
  • Representing the interests of the enterprise in government bodies and before third parties.
  • Conducting a review and analysis of current legislation and proposed legislative acts, drawing up analytical documents for enterprise management regarding possible risks.
  • Legal support of foreign economic activity.

    Lawyer at an enterprise (employee - specialist)

    A lawyer at an enterprise works in the legal department and is responsible for the preparatory phase of drawing up contracts, and also monitors the timely dispatch and delivery of documents.

    Job responsibilities:

  • Preparation of agreements and enterprise contracts.
  • Assistance in preparing documents for registering an enterprise or representative office.
  • Conducting a review of current legislation and analysis of new legislative acts for enterprise management for possible risks.
  • Analysis of the release of advertising and public statements of the enterprise from a legal point of view.
  • Head of the legal department at a bank (mid-level employee)

    The head of the legal department in a bank manages the legal department in the bank, which is part of general structure jar.

    Responsible for the effective operation of the department and supervises legal issues, depending on the specifics of the department’s work.

    Job responsibilities:

  • Legal regulation of intrabank activities, currency and financial transactions, transactions with securities, support of investment, credit, commercial and other projects of the bank.
  • Representing the interests of the bank in legal disputes.
  • Legal support of the international activities of the bank.
  • Reports to the head of the legal department.
  • Lawyer in a bank (employee - specialist)

    A lawyer in a bank works in the legal department, which is part of the general structure of the bank.

    Job responsibilities:

  • Registration and support of various contracts and agreements.
  • Conducting a review and analysis of current legislation and proposed legislative acts, drawing up analytical documents for possible risks.
  • Participation and representation of the bank’s interests in legal disputes.
  • Reports to the head of the legal department.
  • Next articles:

    Responsibilities of a lawyer in a pension fund

    Job responsibilities of a lawyer in a pension fund

    Most legal advisers operate in private and government institutions. In companies where there are more than 10 specialists in the legal department, they are assigned appropriate categories.

    Enrollment and dismissal are carried out by the director of the company in the manner prescribed by law.

    Candidates are submitted to the manager by his deputy after agreement with the head of the legal department.

    Pension Fund of Russia PFR.

    In this section you can download and familiarize yourself with standard job descriptions for various sectors of activity.

    To begin with, you must decide on your pension; the court must also take into account the circumstances proposed by the bank.

    Employees of other departments and services employed accounting, on issues of organization and maintenance of accounting and reporting, report to the chief accountant.

    The appointment, dismissal and relocation of financially responsible persons (cashiers, warehouse managers and others) is carried out in agreement with the chief accountant.

    Contracts and agreements concluded by the department for receipt or leave

    Law institute - when did your education end?

    This is bad, in any case no one is responsible!

    Working with banks on long-term and short-term lending; deputy chief accountant; job responsibilities of the deputy chief accountant; operational and tax accounting.

    legislation in financial sector(stocks and bods market, joint stock companies, pension system), advanced PC user (MS Excel), knowledge of advanced Kazakh language.

    Monitoring compliance with legal requirements of draft orders, instructions, regulations and other legal acts prepared by the Fund, as well as participation, if necessary, in the preparation

    Part 24 of the Tax Code of the Russian Federation and the Law on Compulsory Pension Insurance has developed a Procedure for the exchange of information between tax authorities and Pension Fund bodies.

    · about facts of incorrect calculation of contributions c.

    The whole of Kazakhstan is preparing to celebrate the day of the great victory.

    They haven’t had a lawyer for 1.5-2 months now, I hope they’ll give me a little time to adapt and not just go straight into the deep end.

    Perform the duties of a lawyer and prepare for the final.

    Within 10 days from the date of entry into force of the decision to hold the policyholder liable for an offense against whom the decision was made this decision, a demand for payment of financial sanctions is sent.

    • 3.1 In which cases would it be appropriate to conclude a specific option?
    • 3.2 What legislation is regulated by?
    • 3.3 Is information on contracts included in work book?
    • 3.4 Is it necessary to make insurance premiums for personnel to the state budget?
    • 3.5 What are social guarantees that are provided by the employer to members of staff?
    • 3.6 What documents formalize the relationship between the employer and the applicant who is hired?
    • 4 Important points: legislative aspect
    • 5 What set of documents is provided from the applicant to the employer?
    • 6 Mandatory contributions of an individual entrepreneur

    How to register an employee as an individual entrepreneur? In order for an individual entrepreneur to be able to employ employees, he is required to register with the Pension Fund as an employer.

    Pension Fund divisions (over 2.5 thousand)

    territorial bodies) operate in every region and in every regional center of Russia. The PFR workforce consists of over 130 thousand social workers.

    The share of the Pension Fund's budget in Russia's GDP is 10.8% in terms of income and 10.2% in terms of expenses.

    • Any statement begins with a so-called “header” located in the upper right corner of the page.
    • The full name of the position of the head of the enterprise and his personal data must be indicated.
    • In the line below, write down the details of the applying employee (position, last name, first name, patronymic);
    • The name of the document (in this case, the application) is written in the middle of the new line.
    • The essence of the appeal is stated from a new line - a request to issue a work book for applying to the Pension Fund and calculating the length of service that gives the right to issue insurance payments.
    • It must be indicated that the employee is familiar with the provisions of Art.

    Moscow State University Economics, Statistics and Informatics (MESI) REPORT ON PRODUCTION PRACTICES Student Sherskova G.G.

    Tasks of a lawyer in an enterprise

    Nowadays, no company can be imagined without a lawyer. For the normal functioning of any enterprise, it is necessary to comply with the laws of the country. This is especially true for labor, civil, and administrative legislation. This predetermines the significant role of a lawyer in an enterprise. In small organizations, all organizational and legal work is carried out by 1 lawyer, and in large organizations, a legal service is created, which includes 3-6 lawyers.
    The current work of a lawyer is to prepare contracts between an enterprise and its counterparty, analyze contracts for their compliance with the law, as well as for their profitability for their enterprise. He also prepares a package of documents necessary for cooperation with banks and insurers; carries out claims work, protects the interests of the organization in court and much more. However, the legal adviser does not decide with which organization to enter into an agreement, what the transaction amount will be, etc.

    But his duty is to check the legal capacity of the organization with which the transaction is concluded, the powers of representatives on the other side.
    The main tasks assigned to a lawyer are the following: ensuring the legal activities of the enterprise, as well as preventing crime; using legal means, ensures the safety of the enterprise’s property and compliance with internal regulations; protects the rights of workers and enterprises, etc.
    Legal service employees must have a higher legal education. A person who does not have a higher education (special secondary legal education), but has at least three years of experience in the specialty, can become a legal adviser. These restrictions were adopted to ensure the fulfillment of the tasks assigned to the enterprise lawyer.

    Job description the lawyer 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.

    Below standard form 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.

    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.

    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 production, economic, financial activities organizations;
    • 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 computer technology and communications;
    • safety rules, labor protection standards;
    • rules for drawing up documentation on the economic and financial activities of an organization.

    A lawyer is guided in his activities by:

    • internal labor regulations, other governing acts of the organization;
    • this job description;
    • orders, instructions from the management of the organization;
    • legislative acts RF;
    • 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 government agencies, contractors, and 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.

    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 of material assets and 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. Communicate with employees structural divisions organizations for 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.

    Court decisions and rulings

    Responsibilities of a lawyer in an enterprise

    A lawyer is one of the important and key employees in any enterprise. Its importance and necessity lies in the fact that only it can resolve all legal situations and enables the enterprise to carry out its activities exclusively within the framework of the law. What are the responsibilities? important profession, as a lawyer and what the competence of this employee is, we will consider further. All responsibilities of a lawyer in an enterprise are provided for in the job description, which is approved by an official authorized to act on behalf of this enterprise (chief, director, general director). Often, the responsibilities of this employee include a certain type of work, namely:

    1. checking compliance of issued acts and orders at the enterprise with current legislation;
    2. development and conclusion of agreements with the party that has expressed a desire to cooperate with the enterprise (additional agreements);
    3. development and signing of a protocol of disagreements under contracts;
    4. drawing up and sending claims to the other party under the contract;
    5. representing the interests of the enterprise in court;
    6. drawing up a number of documentation (power of attorney, official letter and others, depending on the tasks assigned to the lawyer);
    7. representation and defense of the enterprise during inspection by regulatory authorities;
    8. interaction with government agencies and government agencies;
    9. legal advice to company employees on any issues they may have related to current legislation.

    Additional unspoken responsibilities of a lawyer for enterprises

    As the practice of working as a lawyer at an enterprise shows, all employees of an enterprise are often referred to a lawyer when solving important production issues. Even an indirect relation of the production situation to jurisprudence can become the task of a lawyer. Therefore, it is very difficult to overestimate the importance of this official. In cases where the enterprise belongs to the state form of ownership, then these responsibilities also include conducting tender procedures for the purchase of goods, works or services for state funds. Also, the work of a lawyer is often accompanied by official correspondence. Compilation official letters is one of the important components of fulfilling the tasks assigned to a lawyer. Along with this, work on interaction with government bodies occupies an important place. Thus, obtaining permission, renaming an enterprise or changing financial details necessarily requires the participation of a lawyer. Resolving any important strategic issues regarding the further legal activities of an enterprise without a lawyer is impossible, because non-coordination of this issue can lead to legal conflicts that negatively affect the work of any enterprise. ON THE TOPIC!

    Heading:

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

    Are job descriptions required?

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

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

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

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

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

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

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

    How to draw up a job description

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

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

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

    Job description 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
    CEO
    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 development constituent documents; ensures registration of legal entities, issues of valuable shares, amendments to constituent documents; defines legal basis bodies of the enterprise.
    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 the change 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. Takes part in the development of documents related to issues of ensuring the safety of enterprise property (agreements on financial liability; instructions establishing the procedure for the receipt and acceptance of material assets at the enterprise, recording their movement; instructions for accounting for the release and release of finished products).
    2.8. Checks the legality of the dismissal and transfer of employees, imposition on them disciplinary sanctions.
    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 drawing up 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. Endorsement of documents management activities within the limits of its competence.
    3.8. Submit proposals to management to improve your work and the company's work.
    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.

    Director of the Municipal Educational Institution "Education Center"

    "___" ___________________ 20___

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

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

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

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

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

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

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

    Standards of paperwork for legal documents;

    Charter of the educational institution;

    Internal labor regulations;

    Orders and instructions from the director of the educational institution;

    This job description;

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

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

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

    Instructions for office work;

    The structure of the educational institution;

    Internal labor regulations.

    The legal adviser is responsible for the following functions:

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

    3. Job responsibilities

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

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

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

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

    3.4. Take part in the work of concluding agreements, conducting their legal examination, and developing the terms of collective agreements.

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

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

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

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

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

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

    The legal adviser has the right:

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

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

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

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

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

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

    4.8. To protect professional honor and dignity.

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

    4.10. For annual paid leave.

    5.1. The legal adviser is responsible for:

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

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

    5.2. For non-performance or improper performance without good reasons Charter and Internal Labor Regulations of an educational institution, other local regulations, legal orders of the director of an educational institution, job responsibilities established by these instructions, including for non-use of granted rights, the legal consultant bears disciplinary liability in the prescribed manner labor legislation RF.

    Behind gross violation employment duties, dismissal may be applied as a disciplinary punishment.

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

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

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

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

    Occupational Safety and Health

    Failure to comply or untimely execution of orders, administrative orders, resolutions and other regulatory documents sanatorium, enterprise, higher organizations, owner, government and other authorities;

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

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

    JOB DESCRIPTION for a legal consultant in an organization

    1. GENERAL PROVISIONS

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

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

    1.3. The legal adviser reports directly to ____________.

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

    1.5. A legal adviser should know:

    legislative acts regulating production, economic and financial activities in the organization;

    methodological and regulatory materials on legal activities;

    civil, labor, financial, administrative law;

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

    the procedure for systematizing, recording and maintaining legal documentation using modern information technologies;

    fundamentals of economics, labor organization, production and management;

    means of computer technology, communications and communications;

    rules and regulations of labor protection.

    2. FUNCTIONAL RESPONSIBILITIES

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

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

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

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

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

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

    2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, 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 organization’s property.

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

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

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

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

    2.13. Provides consultations to employees on legal issues.

    3. RIGHTS

    A legal adviser in an organization has the right:

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

    4. RESPONSIBILITY

    The legal adviser in the organization is responsible for:

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

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

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

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

    5. WORKING CONDITIONS

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

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

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

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

    Sample of a typical job description for a legal consultant

    I. General provisions

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

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

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

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

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

    6. A legal adviser must know:

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

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

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

    II. Job responsibilities of a legal adviser

    The legal adviser performs the following duties:

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

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

    3. Develops legal documents organizations.

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

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

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

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

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

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

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

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

    12. Carry out official assignments from the immediate superior.

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

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

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

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

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

    III. Rights

    The legal adviser has the right:

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

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

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

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

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

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

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

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

    9. Obtain the necessary information to perform your functional duties.

    10. Sign documents within your competence.

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

    IV. Responsibility

    The legal adviser is responsible for:

    1. Providing obviously false information to clients and management.

    2. Unauthorized representation of the organization’s interests.

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

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

    5. Quality of reporting documentation.

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

    7. Consequences of your decisions and actions.

    8. Improper performance of one’s official duties.

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

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

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    Job description of a legal consultant

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

    • Approval (vising) of contracts and documents
      Sometimes approval is called “vising”. As part of these duties, the lawyer endorses draft documents; before that, he checks the compliance of draft contracts, instructions, orders, regulations and other legal documents submitted for signature to management with current legislation. At the same stage, the execution of the approval stages is checked by the responsible employees of the company.
    • Contract work(or as part of a previous group of responsibilities).
      On at this stage the specialist checks compliance with the legislation of draft contracts that are presented to the company by their counterparties; develops internal draft agreements; provides notarization or state registration of certain types of contracts.
    • Compliance or checking the company's compliance with legal regulations
      Sometimes this function is called " internal control" This range of responsibilities is especially common in financial institutions(banks, insurance, leasing, investment and management companies, collection agencies), where compliance is regulated either by law or by business rules. At this stage, the lawyer monitors changes in legislation, controls the execution of legislative procedures by managers of business areas, ensures the issuance of orders to repeal acts or make changes to them, which are caused by changes in federal legislation, to responsible employees of the company.
    • Corporate legal work
      The lawyer carries out registration of issues of securities, legal entities, making changes to the constituent documents; develops constituent documents; determines the legal basis for the bodies of the enterprise, prepares documents for holding meetings of management bodies (board of directors, general meetings shareholders).
    • Claim work
      The lawyer ensures that claims received from counterparties are recorded and considered; prepares responses to received claims and makes decisions whether to satisfy or deny the received claims. He also prepares claims against counterparties, forwards them to counterparties, and regulates the satisfaction of claims sent to counterparties. In addition to claims, he carries out claim work: studies statements of claim for claims against the enterprise, takes measures to implement the pre-arbitration procedure for resolving contractual disputes, prepares claim materials and statements and submits them to arbitration courts, represents the company as a participant in litigation in court hearings in arbitration courts (courts of general jurisdiction).
    • Licensing and permitting activities
      A specialist may be assigned responsibilities for preparing applications, applications and other documents to obtain permits, licenses, certificates, accreditations that are necessary for the current operating activities of the enterprise.
    • Labor law
      The lawyer checks the legality of the transfer and dismissal of employees, and the imposition of disciplinary sanctions on them. The specialist’s responsibilities also include protecting the interests of the enterprise as an employer: in legal disputes with employees, the lawyer in 100% of cases acts on the side of the enterprise.
    • Representation of the enterprise in interaction with government agencies
      A lawyer represents an enterprise during inspections (which are carried out by control and supervisory government bodies) for legal control of the execution of procedural actions of inspectors, the correctness and validity of the conclusions, and also deals with the preparation of inspection results and the creation of procedural documents and protects the interests of the enterprise.
    • Local rulemaking
      The specialist takes part in the development of documents that relate to ensuring the safety of the enterprise’s property (instructions, liability agreements that establish the procedure for the acceptance and receipt of material assets at the enterprise, accounting for their movement; instructions for accounting for the release and release of finished products).
    • General legal work, employee consulting
      A lawyer provides oral and written consultation to company employees on various legal issues and provides legal assistance in the preparation of legal documents.