These Measures shall not apply to enterprises that employ full-time lawyers as legal advisers. Article 3 The establishment of a legal advisory body or the provision of full-time staff to engage in legal advisory work by an enterprise shall be decided by the factory director (manager, the same below) according to actual needs and reported to the competent department of the enterprise for the record.
Enterprise legal advisory body can be called "enterprise legal affairs office (division, division, division)"; Full-time staff engaged in the legal counsel work of this enterprise can be called chief legal counsel, legal counsel and assistant legal counsel respectively (hereinafter referred to as enterprise legal counsel). Article 4 The enterprise legal advisory body and enterprise legal adviser are the legal affairs staff assistants of the factory director. Under the leadership and authorization of the factory director, they participate in handling major issues of the enterprise and laws, regulations and rules involved in daily production and operation, and accept the professional guidance of the Legal Affairs Office of the competent authority of the enterprise. In administrative law enforcement inspection and legal consultation, legal publicity and education, labor dispute arbitration, etc. , accept the guidance of the legal affairs office of the county government, the judicial bureau and the labor bureau. Article 5 An enterprise legal adviser shall meet the following conditions:
First, adhere to the four cardinal principles, have a decent style and handle affairs fairly;
Two, graduated from law or have secondary professional education or above, and have been trained in law for one year;
3. On-the-job employees with more than one year of practical experience in enterprise legal system or production and operation management. Article 6 The legal adviser of an enterprise shall be appointed by the factory director, and the corresponding administrative level shall be decided by the factory director. The professional position series of enterprise legal adviser shall be determined in accordance with the relevant provisions of the state and this Municipality. Article 7 An enterprise legal adviser shall perform the following duties:
1. Implement laws, regulations, rules and policies in this enterprise, safeguard the legitimate rights and interests of this enterprise, undertake various obligations for this enterprise according to law, and serve the factory management according to law;
Two, review the legality of the enterprise's production and operation policy, long-term and year-end plans, major technological transformation and technology introduction plans, wage adjustment plans, financial budget and final accounts, self-owned funds allocation and use plans;
3. Review the legality of major, foreign-related, horizontal joint venture, bidding operation, internal contracting and other economic contracts of this enterprise, participate in the drafting, negotiation and signing of economic contracts, and supervise and guide the performance of economic contracts;
Four, to carry out policy and legal advice related to the production and operation management of enterprises, and to participate in mediation, arbitration, litigation and other activities as an agent;
5. Handling legal affairs such as enterprise trademarks, patents, industrial property rights and scientific and technological achievements rights;
6. Participate in drafting and reviewing important internal rules and regulations according to law;
Seven, organize and collect relevant laws, regulations, rules and policy documents, to provide legal information for enterprises;
Eight, cooperate with the relevant departments of the enterprise to publicize and educate the legal knowledge of employees;
Nine, responsible for the enterprise to hire and entrust a lawyer;
Ten, supervise enterprises to implement national and municipal public security, transportation, urban construction and management, culture, health, spiritual civilization construction and other laws, regulations, rules, cooperate with the policy to do a good job in administrative law enforcement supervision and inspection;
Eleven, complete other legal affairs assigned by the director. Article 8 An enterprise legal adviser shall enjoy the following rights when performing his duties:
1. Attend the meeting of the enterprise management committee or the office meeting of the factory director;
Two, according to the needs of the work to consult the relevant documents and statistical reports within the enterprise;
Three, the illegal behavior of enterprises, put forward opinions to the director to stop and correct, and truthfully report to the law enforcement departments;
Four, in the process of handling legal affairs, to the relevant departments and employees of the enterprise investigation, evidence collection, data collection;
5. Other rights granted by the director. Article 9 When performing their duties, an enterprise legal adviser shall perform the following obligations:
First, be faithful to laws, regulations, rules and policies and safeguard national and social interests;
Second, be loyal to their duties and provide quality legal services for enterprises;
3. Be responsible for the legality of the legal opinions provided and the legal documents issued;
Four, the technology, production and operation and other relevant information that belongs to the secrets of the state and enterprises must be kept strictly confidential. Article 10 An enterprise that has established an enterprise legal adviser may still employ a lawyer as its perennial legal adviser, or entrust a lawyer to represent litigation, participate in negotiations and other legal affairs. Eleventh enterprises and departments in charge of enterprises shall commend and reward enterprise legal advisers who are loyal to their duties and have made remarkable achievements in their work; Dereliction of duty, causing losses to the state or enterprises, shall be dismissed from the position of enterprise legal adviser, and shall be investigated for administrative responsibility; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 12 Where the legal affairs office of the competent authority of an enterprise is engaged in legal services at the same time, it shall not face the society; Providing legal services to enterprises affiliated to this department belongs to paid services, and must strictly abide by the laws, regulations, rules and policies related to price, taxation and finance.
To provide legal advisory services to the society, with independent accounting, self-financing, independent civil liability and other enterprise legal person registration conditions, must be in accordance with the Ministry of Justice, the State Administration for Industry and Commerce "on strengthening the management of legal advisory services", for approval and registration.