Job description for the head of the legal department

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Job description for the head of the legal department. Full document

Occupational Safety and Health

Occupational Safety and Health / Job descriptions

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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 work experience in the profile 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 carried out by order of the director of the enterprise upon presentation.
The head of the legal department should know:

legislative acts regulating the production and economic activities of the enterprise;
methodical and normative materials on legal activity;
civil, labor, financial, administrative law;
tax, environmental, legislation;
the procedure for keeping records and compiling reports on the economic and financial activities of the enterprise;
the procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;
the order of systematization, accounting and maintenance of legal documentation using modern information technologies;
fundamentals of economics, organization of labor and management;
means of computer technology, communications and communications;
rules of internal labor regulations;
rules and regulations of labor protection.

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

Regulations on the legal department;
this Job Description.

The head of the department reports directly to the director of the enterprise; to another official.
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 such, to the person appointed by order of the director of the enterprise), who is responsible for their high-quality and timely execution.

II. Official duties

Head of the legal department:

Ensures compliance with the law in the activities of the enterprise and protection of its legal interests.
Carries out legal expertise of draft orders, instructions, regulations, standards and other acts of a legal nature prepared at the enterprise, approves them, and also participates, if necessary, in the preparation of these documents.
Takes measures to amend or cancel legal acts issued in violation of the current legislation.
Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations received for review by the enterprise.
Provides:

methodical guidance of legal work at the enterprise;
clarification of the current legislation and the procedure for its application;
provision of legal assistance to structural divisions in claim work;
preparation and transfer of the necessary materials to judicial and arbitration bodies.

Represents the interests of the enterprise in court, arbitration court, as well as in state and public organizations when considering legal issues.
Handles litigation and arbitration cases.
Participates in the preparation and conclusion of collective agreements, industry tariff agreements, the development and implementation of measures to strengthen labor discipline, regulate social and labor relations at the enterprise.
Leads the work on the analysis and generalization of 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 in the supply of products, eliminate identified shortcomings and improve the production and economic and financial activities of the enterprise.
Supervises the preparation of materials on theft, embezzlement, shortages, production of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for transfer to investigative and judicial authorities.
Takes measures to compensate for the damage caused to the enterprise.
Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensure the safety of the enterprise's property.
Prepares opinions on proposals to bring employees of the enterprise to disciplinary and financial liability.
Participates in the review of materials on the status of receivables in order to identify debts requiring enforcement, ensures the preparation of opinions on proposals for writing off bad debts.
Carries out control over compliance at the enterprise with the procedure for certification of products established by law, acceptance of goods and products in terms of quantity and quality.
Organizes systematic accounting, storage, introduction of adopted amendments to legislative and regulatory acts received by the enterprise, as well as those issued by its head, provides users with access to them based on the use of modern information technologies, computer equipment, communications and communications.
Provides informing the employees of the enterprise about the current legislation, as well as organizing work on the study by officials of the enterprise of regulations relating to their activities.
Organizes the provision of legal assistance to public organizations of the enterprise, advising 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 regarding the activities of the department.
Submit proposals to improve the activities of the enterprise and the legal department for consideration by the director of the enterprise.
Do not endorse draft legal documents that are contrary to current legislation.
Request personally or on behalf of the management of the organization from the departments of the enterprise and other specialists information and documents necessary for the performance of his duties.
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).
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, imposing penalties on violators of production and labor discipline.
Require the director of the enterprise to assist in the performance of his official rights and duties.

IV. A responsibility

The head of the legal department is responsible for:

For improper performance or non-performance of their official duties provided for by this Job Description - within the limits determined by the current labor legislation of Ukraine.
For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of Ukraine.
For causing material damage - within the limits determined by the current labor and civil legislation of Ukraine.

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