Job description of the director of the legal department. Head of Legal Department. Job description. Job description of the head of the legal service

1. Chief legal department belongs to the category of managers

2. A person with a higher legal education and at least 5 years of experience in the relevant field is appointed to the position of head of the legal department.

3. Appointment to the position of head of the legal department and dismissal from it is made

4. The head of the legal department must know:

4.1. Legislative acts regulating the production and economic activities of the enterprise.

4.2. Methodological and regulatory materials By legal activities.

4.3. Civil, labor, financial, administrative,

4.4. Tax, environmental,____________________ legislation.

4.5. The procedure for maintaining records and drawing up reports on the economic and financial activities of the enterprise.

4.6. The procedure for concluding and formalizing business contracts, collective agreements, and tariff agreements.

4.7. The procedure for systematization, accounting and maintenance legal documentation using modern information technology.

4.8. Fundamentals of economics, labor organization and management.

4.9. Means of computer technology, communications and communications.

4.10. Internal rules labor regulations.

4.11. Labor protection rules and regulations.

7. During the absence of the head of the legal department (illness, vacation, business trip, etc.), his rights and obligations are transferred to his deputy (in his absence, a person appointed by order of the director of the enterprise), who is responsible for their high-quality and timely execution.

II. Job responsibilities

Head of Legal Department:

1. Ensures compliance with the law in the activities of the enterprise and protection of its legal interests.

2. Implements legal expertise draft orders, instructions, regulations, standards and other acts legal nature prepared at the enterprise, endorses them, and also participates in necessary cases in the preparation of these documents.

3. Takes measures to amend or repeal legal acts issued in violation of current legislation.

4. Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations submitted to the enterprise for review.

5. Provides:

5.1. Methodical manual legal work at the enterprise.

5.2. Explanation of current legislation and the procedure for its application.

5.3. Rendering legal assistance structural divisions V claims work.

5.4. Preparation and transmission of necessary materials to judicial and arbitration authorities.

6. Represents the interests of the enterprise in court, arbitration court, as well as in government and public organizations when considering legal issues.

7. Conducts judicial and arbitration cases.

8. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, regulation of social and labor relations at the enterprise.

9. Heads the work of analyzing and summarizing the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts.

10. 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 enterprise.

11. Manages the preparation of materials about theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violations environmental legislation and other offenses for transferring them to investigators and judicial authorities.

12. Takes measures to compensate for damage caused to the enterprise.

13. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.

14. Prepares conclusions on proposals to involve employees of the enterprise in disciplinary and financial liability.

15. Participates in the review of materials on the condition accounts receivable in order to identify debts requiring forced collection, ensures the preparation of opinions on proposals to write off bad debts.

16. Monitors compliance at the enterprise with the procedure for product certification established by law, acceptance of goods and products in terms of quantity and quality.

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

18. Ensures that the company’s employees are informed about current legislation, as well as the organization of work on studying officials enterprises and regulations relating to their activities.

19. Organizes the provision legal assistance public organizations enterprises, consulting employees on legal issues.

20. Manages the work of the department.

III. Rights

The head of the legal department has the right to:

1. Get acquainted with the draft decisions of the director of the enterprise concerning the activities of the department.

2. Submit proposals for improvement of the activities of the enterprise and the legal department for consideration by the director of the enterprise.

3. Do not endorse draft legal documents that contradict current legislation.

4. Request personally or on behalf of the organization’s management from divisions of the enterprise and other specialists information and documents necessary to carry out its implementation job responsibilities.

5. Involve specialists from all (individual) structural divisions in solving the tasks assigned to him (if this is provided for by the regulations on structural divisions, if not, then with the permission of the head of the enterprise).

6. Interact with the heads of all (individual) structural divisions of the enterprise.

7. Submit proposals for the consideration of the director of the enterprise on encouraging distinguished employees and imposing penalties on violators of production and labor discipline.

8. Require the director of the enterprise to assist in the execution of his official rights and responsibilities.

IV. Responsibility

The head of the legal department is responsible for:

1. For improper execution or failure to fulfill their official duties as provided for in this job description - within the limits determined by the current labor legislation Russian Federation.

2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil law Russian Federation.

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

Job Description of the head of the legal department is used to define in detail the aspects of his work mentioned in employment contract. To this end, the document describes his job functions, experience and qualification requirements, as well as other key points. Since this instruction has legal significance, it is necessary to be careful when drafting it, paying special attention to ensuring that it does not contradict the employment contract and does not go beyond its boundaries.

Sample job description for head of legal department

1. Main section

The head of the legal department is appointed to his position and dismissed from it by order of the head of the company.
The head of the legal department reports to the head of the company.
A candidate for this position must meet the following qualification requirements:
- specialized higher education;
- Experience in the legal field corresponding to the profile of the company for at least 3 years.
In the temporary absence of the head of the legal department, the functions performed by him are transferred to his deputy.
The head of the legal department is required to understand the following issues:
- norms and laws governing legal aspects economic activity;
- norms of legal document flow, applied both within the company and in relations with external users;
- rules of interaction with the Federal Tax Service and other regulatory organizations;
- standards of interaction with counterparties on legal issues;
- rules for developing legal documentation for a company;
- principles for writing relevant documents for submission to the appropriate authorities;
- basics of working with documents used in handling claims;
- legal aspects of tax planning;
- rules for conducting cases in the judicial system;
- management system of the company and its main personnel;
- main legal risks and methods of their prevention;
- theoretical foundations of legal activity;
- legal and business ethics;
- standards for the operation of reference and legal systems, office programs and computer equipment.
The head of the legal department is guided by:
- current regulations and laws;
- relevant company documents;
- the contents of this instruction.

2. Functions

The head of the legal department is responsible for the following range of issues:

Security legal basis economic activity of the company.
Handling personnel matters for subordinate employees.
Interaction with company management on legal issues.
Analysis and development of legal documentation of the company.
Ensuring the legal side of contracts and agreements concluded by the company.
Conducting company affairs in courts.
Representative office of the company legal aspects in collaboration with partners, legal structures, controlling authorities.
Ensuring the legal side of handling claims.
Providing legal aspects of tax planning.
Monitoring legislative and regulatory activity in the company's field of activity.
Ensuring the necessary update legal framework work of the company.
Consulting other managers, subordinates, and company employees on legal issues within the given competence.
Coordinating the activities of subordinates and ensuring the effective work of the subordinate department.
Ensuring that the company maintains appropriate document flow.
Building the legal activities of the company from the point of view of minimizing relevant risks.

3. Responsibility

The head of the legal department may be held accountable in the following cases:

For damage that was caused to the company due to his incompetent actions - within the limits outlined in the relevant articles of legislation.
For the disclosure of confidential data of the company and its partners - within the limits specified in the relevant articles of legislation.
For committed violations of norms and laws - in accordance with articles of labor, administrative and criminal law.
For non-fulfillment (improper execution) job functions- in accordance with sections of labor legislation.

4. Rights

The head of the legal department has the following rights:

Take the necessary measures to reward and punish employees of your department, as well as for its necessary personnel renewal.
Manage employees of subordinate departments.
Make proposals to the head of the company to modernize processes in the field of its legal activities.
Participate in meetings of the company’s management team, where the legal aspects of its activities are touched upon.
Sign relevant legal documents.
Require company employees to promptly provide the necessary information, as well as assistance within the framework of the rules established in the relevant documentation.
Require management to provide the necessary conditions necessary to perform assigned work functions.

5. Working conditions

The head of the legal department is compensated for his communication costs in the amounts specified in the relevant documents of the company.
The head of the legal department is provided with a company car for the duration of his work.
The company provides the head of the legal department with access to legal reference systems, as well as a subscription to the necessary legal press.
The company pays the head of the legal department for appropriate advanced training courses in accordance with the rules set forth in internal documentation.

FILES

Principles for drawing up job descriptions

Although the current legislation does not establish parameters for writing a job description, there are certain rules for its preparation. So, the structure of a typical job description is as follows:

General section.
Job responsibilities of the employee.
His possible liability.
His rights.

To these basic sections, large companies often add additional ones, which describe working conditions, parameters of job relationships, as well as the criteria by which work results are assessed.

Attention! The Unified Qualification Handbook, approved back in 1998, can be used as a guide when preparing instructions for leading lawyers. The corresponding professional standard is still under development.

General section

The introductory section of the instructions, which describes general basics activities of any employee:

Who is replacing him?
Who makes the decision on hiring and firing.
What skills, experience and education are required of him.
What regulations must he follow in his work?

Most of these points are fairly standard for any position, and the main difference arises in the description of the required skills. For lawyers, many of whom are extremely specialized activities, depending on the scope of the employer’s operations, its size and legal form - taxes, international business, government procurement, etc. — skills and experience acquire a particularly individual character.

Attention! If the duties of the lead lawyer require communication with foreign partners, proceedings in specialized courts or the application of narrow branches of law, then the knowledge and experience required for this must be separately stated in this section.

Functions

This is where the employer describes exactly what the specialist should do. For management employees, some of their secondary functions can be assigned to assistants. On the other hand, in large companies The role of managers, as well as their responsibilities, increases significantly. In any case, it is important not to overload key specialists with secondary responsibilities, especially when they can be transferred to employees subordinate to them.

Responsibility

This part is reserved for indicating possible violations and measures of responsibility. For lawyers and other professionals who have access to confidential internal information, they specifically mention possible liability for its disclosure. The penalties are given in general form, since specific liability can arise only after the completion of the relevant labor and legal proceedings.

Rights

This section describes the rights granted to an employee by his employer. For senior employees, the range of rights is very wide, including for the head of the legal department, who, in the conditions a lot of attention to the work of business from the Federal Tax Service and other structures, is one of the key employees in any company.

Working conditions

A separate section that should be included in the instructions for key specialists. Here you can separately specify the benefits that the specialist enjoys, such as providing him with a car or paying for cellular communications. If an employee is expected to perform any non-standard duties, such as traveling to foreign business trips, then it is better to identify them in this section.

For the head of the legal department, due to its importance in the hierarchy of any company, it is necessary to draw up a job description, involving the relevant specialists: lawyer, head of the human resources department, HR manager. The head of the company, who endorses this document, must make sure that all their advice is taken into account in its text. The specialist himself gets acquainted with the document during the process of applying for a job.

The instruction acquires legal status after it is signed by all parties: the director of the company, the specialist himself, as well as those people with whom his appointment was agreed upon.

Job Description
head of legal department[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions Labor Code Russian Federation and other regulations governing labor relations in the Russian Federation.

I. General provisions

1.1. A person with a higher legal education and at least 5 years of experience in management positions is appointed to the position of head of the legal department.

1.2. The head of the legal department must know:

1.2.1. The Constitution of the Russian Federation, Laws of the Russian Federation, decrees and decisions of the Government of the Russian Federation on issues of activity of the Company;

1.2.2. Resolutions, instructions, orders, other governing and regulatory documents superior and other bodies relating to the legal activities of the Company;

1.2.3. Current legislation of the Russian Federation: civil, labor, financial, administrative law;

1.2.4. Technical means mechanization and automation (computer technology) reference and information work on legislation and regulations, office equipment, be able to work on them;

1.2.5. Fundamentals of economics, labor organization and management;

1.2.6. Internal labor regulations and the Collective Agreement of the Company;

1.2.7. Rules and regulations of labor protection, safety precautions, industrial sanitation and fire protection.

II. Job responsibilities

Head of Legal Department:

2.1. Manages the activities of the Company's legal department, monitors the results of work and the state of labor discipline.

2.2. Provides methodological guidance to legal work in the Company and provides legal assistance to its structural divisions, subsidiary companies and branches.

2.3. Develops personally or participates in the development of internal legal documents of the Company, their endorsement, conducts a legal examination of draft orders issued by the Company and endorses them.

2.4. Takes part in the work of concluding business agreements (contracts, agreements), preparing opinions on their legal validity, and endorses them.

2.5. Prepares, with the participation of interested departments, services, divisions of the Company, materials on theft, embezzlement, shortages and other offenses for transferring them to investigative authorities, courts of general and special jurisdiction.

2.6. Monitors the state of accounting and storage of court cases of general and special jurisdiction in progress and completed execution.

2.7. Analyzes and summarizes the results of consideration of claims, court cases of general and special jurisdiction, and also studies the practice of concluding and executing contracts in order to develop appropriate proposals to eliminate identified shortcomings and improve the economic and financial activities of the Company.

2.8. Personally or with the participation of interested services and divisions, prepares proposals for changing existing or canceling orders that have lost force, regulations issued by the Company.

2.9. In accordance with the established procedure, draws up documents to bring the guilty employees of the Company to disciplinary and financial liability.

2.10. Prepares draft orders for cash payments for compensation by the Company for harm 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.

2.11. Together with departments and services, it participates in the consideration of issues regarding the liquidation of accounts receivable.

2.12. Organizes the conduct of reference and information work on the legislation and regulations of the Russian Federation using computer technology, as well as taking into account current legislation and other regulations.

2.13. Organizes and carries out work on legal propaganda, familiarization of the Company's officials with regulations related to their activities, and changes in current legislation.

III. Rights

The head of the legal department has the right:

3.1. On the basis of the issued power of attorney, on behalf of the Company, conduct business in courts of general and special jurisdiction, represent the interests of the Company in all state and non-state enterprises, institutions, organizations, commercial and non-profit organizations, regardless of their organizational and legal forms.

3.2. Inspect the activities of all services and divisions of the Company in the field of compliance with the legislation of the Russian Federation, give them mandatory instructions aimed at eliminating identified shortcomings and increasing the efficiency of their activities.

3.3. Require the services and divisions of the Company to timely submit certificates, calculations, conclusions, explanations and others to the legal department of the Company from its divisions (departments, services) necessary documents related to the activities of the Company and the activities of the legal department.

3.4. Check compliance with current legislation and local regulations in the structural divisions of the Company.

3.5. Submit proposals to the Chief Executive Officer of the Company and prepare draft orders to encourage the Company's employees for high performance in matters of legal work, as well as to hold them accountable under the current legislation of the Russian Federation for violation of established requirements in matters of the above work, dishonest performance of their official duties.

3.6. Approves job descriptions of employees subordinate to him.

3.7. Certifies copies of documents published by the Company.

IV. Responsibility

The head of the legal department is responsible provided for by law of the Russian Federation is liable for improper performance or non-fulfillment of the duties assigned to it by these Instructions, as well as for material damage caused to the Company through its fault.

Agreed:

Head of Human Resources [fill in as required]

[day, month, year]

I have read the instructions:

[initials, surname]

[signature]

[day, month, year]

Download job description
head of legal department(.doc, 71KB)

I. General provisions

The head of the legal department belongs to the category of managers
A person with a higher legal education and at least 5 years of relevant work experience is appointed to the position of head of the legal department.
Appointment to the position of head of the legal department and dismissal from it is made
The head of the legal department must know:
1. 4.1. Legislative acts regulating the production and economic activities of the enterprise.
2. 4.2. Methodological and regulatory materials on legal activities.
3. 4.4. Tax, environmental, ____________________ legislation.
4. 4.5. The procedure for maintaining records and drawing up reports on the economic and financial activities of the enterprise.
5. 4.6. The procedure for concluding and formalizing business contracts, collective agreements, and tariff agreements.
6. 4.7. The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.
7. 4.8. Fundamentals of economics, labor organization and management.
8. 4.9. Means of computer technology, communications and communications.
9. 4.10. Internal labor regulations.
10. 4.11. Labor protection rules and regulations.
The head of the legal department is guided in his activities by:
1. 5.1. Regulations on the legal department.
2. 5.2. This job description.
During the absence of the head of the legal department (illness, vacation, business trip, etc.), his rights and obligations are transferred to his deputy (in the absence of one, a person appointed by order of the director of the enterprise), who is responsible for their high-quality and timely execution.

II. Job responsibilities

Head of Legal Department:

Ensures compliance with the law in the activities of the enterprise and protection of its legal interests.
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.
Takes measures to amend or repeal legal acts issued in violation of current legislation.
Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations submitted to the enterprise for review.
Provides:
1. 5.1. Methodological guidance of legal work at an enterprise.
2. 5.2. Explanation of current legislation and the procedure for its application.
3. 5.3. Providing legal assistance to structural units in claims work.
4. 5.4. Preparation and transmission of necessary materials to judicial and arbitration authorities.
Represents the interests of the enterprise in court, arbitration court, as well as in state and public organizations when considering legal issues.
Conducts judicial and arbitration cases.
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 at the enterprise.
Heads the work of analyzing and summarizing 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 enterprise.
Manages the preparation of materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violations of environmental legislation and other offenses for their transfer to investigative and judicial authorities.
Takes measures to compensate for damage caused to the enterprise.
Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.
Prepares conclusions on proposals to bring enterprise 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.
Monitors compliance at the enterprise with the procedure established by law for product certification, acceptance of goods and products in terms of quantity and quality.
Organizes systematic accounting, storage, introduction of adopted changes to legislative and regulatory acts received by the enterprise, as well as those issued by its head, provides access to them for users based on the use of modern information technologies, computer technology, communications and communications.
Provides information to employees of the enterprise about current legislation, as well as organization of work to study by officials of the enterprise the regulations related to their activities.
Organizes the provision of legal assistance to public organizations of the enterprise, consulting employees on legal issues.
Manages the work of the department.

III. Rights

The head of the legal department has the right to:

Get acquainted with the draft decisions of the director of the enterprise concerning the activities of the department.
Submit proposals for improvement of the activities of the enterprise and the legal department for consideration by the director of the enterprise.
Do not endorse draft legal documents that contradict current legislation.
Request personally or on behalf of the organization’s management from divisions of the enterprise and other specialists information and documents necessary to fulfill his official duties.
Involve specialists from all (separate) structural divisions in solving the tasks assigned to him (if this is provided for by the regulations on structural divisions, if not, then with the permission of the head of the enterprise).
Interact with the heads of all (individual) structural divisions of the enterprise.
Submit proposals for the consideration of the director of the enterprise on encouraging distinguished employees and imposing penalties on violators of production and labor discipline.
Require the director of the enterprise to provide assistance in the performance of his official rights and duties.

IV. Responsibility

The head of the legal department is responsible for:

For improper performance or failure to fulfill one’s job duties as provided for in this job description - within the limits determined by the current labor legislation of the Russian Federation.
For offenses committed in the course of carrying out their activities - 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 and civil legislation of the Russian Federation.

sample documents

P.P. Petrov

head of legal department

1. General provisions

1.1 This job description establishes the job responsibilities, rights, service relationships and responsibilities of the head of the legal department of Trest OJSC (hereinafter referred to as the enterprise).

1.2 A person with a higher legal education and at least five years of experience in the specialty is appointed to the position of head of the legal department.

1.3 The head of the legal department is appointed and dismissed by order of the General Director of the enterprise.

1.4 The head of the legal department reports directly to the General Director of the enterprise.

1.5 The head of the legal department is guided in his activities by:

current legislation of the Russian Federation,
Internal labor regulations,
Regulations on the legal department,
Other local regulations and this job description,
Orders and instructions from the directors of the enterprise,
The company's quality policy,
Documentation of the enterprise quality management system.

1.6 In the absence of a supervisor, the duties of the head are performed by the legal adviser of the legal department on the basis of an order from the General Director of the enterprise.

2 Job responsibilities

The head of the legal department is obliged to:

2.1 Carry out a legal examination of draft orders, Regulations and other acts of a legal nature prepared at the enterprise, endorse them, and also, if necessary, participate in the preparation of these documents.

2.2 Take measures to amend or repeal legal acts issued at the enterprise in violation of current legislation (that have not undergone legal examination), as well as in connection with changes in legislation.

2.3 Organize the preparation of opinions on legal issues arising in the activities of the enterprise.

2.4 Provide methodological guidance for legal work at the Enterprise, explain current legislation and the procedure for its application, provide legal assistance to structural units in claim work, preparation and transfer of necessary materials to the judicial authorities.

2.5 Take part in the preparation of measures to strengthen labor discipline at the enterprise, in the preparation and conclusion of collective agreements.

2.6 Participate in the analysis of concluded agreements (contracts) at the stage of conclusion, execution and take the necessary measures in cases where the enterprise cannot fulfill the terms of the agreement (contract) for objective reasons.

2.7 Participate in the review of documents 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.

2.8 Represent the interests of the enterprise in the courts general jurisdiction and Arbitration courts, as well as in other bodies state power when considering legal issues.

2.9 Provide consultations and certificates on legal issues.

2.10 Provide legal assistance to the trade union committee.

2.11 Independently study changes made to the current legislation, as well as take part in ongoing legal seminars, improving your professional level.

2.12 Lead the work of analyzing and summarizing the results of consideration of claims, court and arbitration cases, the practice of concluding and executing agreements (contracts), develop proposals for improving control over compliance with contractual discipline, eliminating identified deficiencies and improving the production and economic and financial activities of the enterprise.

2.13 Prepare conclusions on proposals from heads of structural divisions to bring enterprise employees to disciplinary and financial liability.

2.14 Ensure that employees of the enterprise are informed about current legislation, as well as organize work to study by officials of the enterprise the regulatory legal acts related to their activities.

2.15 Manage department employees.

2.16 Analyze the activities of your department and bring the results of the analysis to the attention of general director enterprises.

2.17 Determine the need for training of subordinate personnel.

2.18 Ensure understanding of the quality policy by department staff.

2.19 Know the relevant quality management system documentation required for the work and comply with its requirements.

3 Professional requirements

3.1 The head of the legal department must know:

Legislative acts regulating production, economic and financial activities enterprises;
Methodological and regulatory materials on legal work;
Civil, labor, financial, administrative law, tax and environmental legislation;
The procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;
Fundamentals of economics, labor organization, production and management;
Computer technology, communications and communications;
Labor safety rules and regulations;
State and international standards ISO 9000 series;
Company policy in the field of quality;
Documentation of the enterprise quality management system;
Regulations on the legal department.

4.1 Request and receive from officials of the enterprise documents, certificates and other information necessary for giving opinions, making claims, filing statements of claim and performing other duties provided for by this job description, and also has the right to get acquainted with the Regulations and job descriptions of other divisions of the Enterprise.

4.2 Monitor the timeliness of the enterprise’s services providing the legal department with certificates, calculations, explanations and other documents for preparing responses to claims.

4.3 Check compliance with the law in the structural divisions of the enterprise and make appropriate proposals to eliminate any identified deficiencies.

4.4 Involve, with the consent of the head of the structural unit, his employees to prepare draft local legal acts and other documents, as well as to participate in court hearings and carry out other activities carried out by the legal department in accordance with the responsibilities assigned to it.

5 Service relationships

5.1 By the nature of his activity, the head of the legal department interacts with all structural divisions of the Enterprise.

6.1.The head of the legal department is responsible for:

6.1.1. Violation of conditions and failure to fulfill job duties established in the employment contract and in this job description.

6.1.2. Endorsement of documents subsequently recognized as non-compliant with current legislation.

6.1.3. Violation of the norms of the current legislation of the Russian Federation, local regulations of the enterprise.

6.1.4. Violations of safety regulations, fire safety, labor and production discipline.

Head of Legal Department S.S. Sergeev

Head of HR Department I.I. Ivanov

Leading QMS engineer V.V. Vasiliev

Copying materials is permitted only with an active link to the source

Prom-Nadzor.ru

Are you here

name of organization, enterprise]

[position, signature, full name of the manager or other

official authorized to approve

[day, month, year]

[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions of the Labor Code of the Russian Federation and other regulations governing labor relations in the Russian Federation.

I. General provisions

1.1. A person with a higher legal education and at least 5 years of experience in management positions is appointed to the position of head of the legal department.

1.2. The head of the legal department must know:

1.2.1. The Constitution of the Russian Federation, Laws of the Russian Federation, decrees and decisions of the Government of the Russian Federation on issues of activity of the Company;

1.2.2. Resolutions, orders, orders, other governing and regulatory documents of higher and other bodies relating to the legal activities of the Company;

1.2.3. Current legislation of the Russian Federation: civil, labor, financial, administrative law;

1.2.4. Technical means of mechanization and automation (computer equipment), reference and information work on legislation and regulations, office equipment, be able to work on them;

1.2.5. Fundamentals of economics, labor organization and management;

1.2.6. Internal labor regulations and the Collective Agreement of the Company;

1.2.7. Rules and regulations of occupational health, safety, industrial sanitation and fire protection.

II. Job responsibilities

2.1. Manages the activities of the Company's legal department, monitors the results of work and the state of labor discipline.

2.8. Personally or with the participation of interested services and divisions, prepares proposals for changing existing or canceling orders that have lost force, regulations issued by the Company.

2.9. In accordance with the established procedure, draws up documents to bring the guilty employees of the Company to disciplinary and financial liability.

2.10. Prepares draft orders for monetary payments to compensate the Company for harm caused to employees by injury, occupational disease or other damage to health related to the performance of their job duties, maintains records and storage of these cases and correspondence on them.

2.11. Together with departments and services, it participates in the consideration of issues regarding the liquidation of accounts receivable.

2.13. Organizes and carries out work on legal propaganda, familiarization of the Company's officials with regulations related to their activities, and changes in current legislation.

III. Rights

3.3. Require the services and divisions of the Company to timely submit to the legal department of the Company from its divisions (departments, services) certificates, calculations, conclusions, explanations and other necessary documents related to the activities of the Company and the activities of the legal department.

3.4. Check compliance with current legislation and local regulations in the structural divisions of the Company.

3.6. Approves job descriptions of employees subordinate to him.

3.7. Certifies copies of documents published by the Company.

IV. Responsibility

The head of the legal department bears responsibility under the legislation of the Russian Federation for improper performance or failure to fulfill the duties assigned to him by these Instructions, as well as for material damage caused to the Company through his fault.

Job description of the head of the legal department

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I APPROVED Head “_____________” ______________/_____________ “____”_____________ _____ g.

head of legal department

1. GENERAL PROVISIONS

2. FUNCTIONAL RESPONSIBILITIES

Head of Legal Department:

3.3. Submit proposals for improvement of the activities of the department headed for consideration by the head of the organization.

3.4. Interact with the heads of other structural divisions of the organization.

3.5. Sign (endorse) documents within your competence.

3.6. Make proposals to the management of the organization to reward distinguished employees and impose penalties on violators of production and labor discipline.

3.7. Require the head of the organization to provide assistance in the performance of his official duties and rights.

The head of the legal department is responsible for:

4.1. For failure to perform or improper performance of their duties provided for in this job description - in accordance with current labor legislation.

4.2. For offenses committed during the period of its activities - in accordance with the current civil, administrative and criminal legislation of the Russian Federation.

4.3. For causing material damage - in accordance with the current legislation of the Russian Federation.

4.4. For violation of internal labor regulations, rules fire safety and safety precautions established in the organization - in accordance with the current legislation of the Russian Federation.

5. WORKING CONDITIONS

5.1. The work schedule of the head of the legal department is determined in accordance with the internal labor regulations established in the organization.

5.2. Due to operational needs, the head of the legal department may go on business trips (including local ones).

5.3. To resolve operational issues to ensure the production activities of the department, the head of the legal department may be allocated official vehicles.

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Job description of the head of the legal department

JOB DESCRIPTION for the head of the legal department (sample form)

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of the head of the legal department of “_____________” (hereinafter referred to as the “organization”).

1.2. The head of the legal department 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 head of the legal department reports directly to the _____________ organization.

1.4. A person with a higher professional (legal) education and work experience in the specialty of at least 5 years is appointed to the position of head of the legal department.

1.5. The head of the legal department must know:

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

— methodological and regulatory materials on legal activities;

— civil, labor, financial, administrative law;

— the procedure for maintaining records and reporting on the economic and financial activities of the organization;

— the procedure for concluding and processing 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;

— means of computer technology, communications and communications;

— rules and regulations of labor protection.

2. FUNCTIONAL RESPONSIBILITIES

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

Head of Legal Department:

2.1. Ensures compliance with the rule of law in the activities of the organization and protection of 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 repeal legal acts 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 draft regulations submitted for review by the organization.

2.5. Provides methodological guidance to legal work in the organization, clarification of current legislation and the procedure for its application, provision of legal assistance to structural units in claims work, preparation and submission of necessary materials to judicial and arbitration bodies.

2.6. 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.

2.7. 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.

2.8. Heads the work of analyzing and summarizing the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, developing proposals to improve control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving the production, economic and financial activities of the organization.

2.9. Manages the preparation of materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violations of environmental legislation and other offenses for their transfer to investigative and judicial authorities, takes measures to compensate for damage caused to the organization.

2.10. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the organization’s property.

2.11. Prepares conclusions on proposals to bring enterprise 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.

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

2.13. 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.

2.14. 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.

2.15. Organizes the provision of legal assistance to public organizations, consulting employees on legal issues.

2.16. Manages department employees.

3. RIGHTS

The head of the legal department 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.

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Job description of the head of the legal department

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Job description of the head of the legal department

JOB DESCRIPTION for the head of the legal department (sample form)

1. GENERAL PROVISIONS

2. FUNCTIONAL RESPONSIBILITIES

3. RIGHTS