Chapter 1
In 20XX, focusing on the company's development plan and based on legal work, the legal post completed the following tasks: During the time, the legal post Stick to the main line of contract work review, strive to improve work efficiency, pay attention to details, and strive for the interests of the company. According to incomplete statistics, *** reviewed more than 520 contracts, drafted and revised 33 contracts, and regularly visited various departments to inspect contract work. While carefully reviewing the contract, the legal office insisted on offline communication, promptly reported review issues to the undertaking department, worked hard to improve work efficiency, and minimized time delays in the review process.
While completing the contract work, the legal office also actively expanded its business scope and improved service quality. According to statistics, during the period, the legal post *** cooperated in handling three labor dispute cases and one arrears dispute case, and received legal advisory services fourteen times. In addition, he also organized a legal knowledge training and participated in the completion of a furniture supply project. Work related to the signing ceremony of the Strategic Cooperation Framework Agreement.
In the process of completing my job, I also discovered some work problems, which are mainly concentrated in the following aspects:
1. The overall efficiency of contract work needs to be improved. The life of the system lies in execution, and the gradually improving contract review process also requires efficient execution to highlight its advantages. During the contract review process, we found that there was a certain degree of lag in the contract approval process, resulting in the contract process taking too long. Although the time limit is required, the reality of heavy work tasks is a factor that has to be considered. In addition, the approval of many links is a formality. Some processes do not even have contract content displayed, but they can be approved in each link. The emergence of these problems has reduced the overall efficiency of our contract work;
Second, there is also the problem that some contractors do not pay attention to the details of the contract work. During the contract review process, we found that individual contractors did not pay enough attention to the details of the contract, and there were problems such as incorrect contract duration, incorrect format, incorrect payment, etc., which resulted in too many contract process steps and unnecessary delays;
3. Information exchange needs to be strengthened. When dealing with non-contract business, we found that problems such as information exchange errors, untimely communication, and shirking of responsibilities sometimes occurred between various departments, resulting in a relatively passive situation when handling legal affairs, especially external affairs.
In the following work, we will focus on the problems discovered in our work, actively explore new ideas and methods to solve problems, continue to expand the scope of services, continuously improve the quality of work, and contribute to the rapid development of the group. Dedicate yourself.
Chapter 2
Since the establishment of XX Real Estate Group Shanghai Company nearly one year ago, the legal work has been cared for and supported by the legal compliance department of the group company and the leaders of the Shanghai company. , carried out a lot of in-depth and solid work in various aspects, including contract management, four review, legal risk prevention and control, legal training and legal popularization. The main legal work of the Shanghai Company in the past year and the future legal work ideas are summarized as follows:
1. Strengthen system construction and improve staffing.
(1) Establish an internal control and risk management leading group
In order to establish and improve the five-in-one internal control and risk management mechanism of "finance, auditing, disciplinary inspection, legal affairs and confidentiality" , improve the company's internal control and risk management level, prevent risks, and promote the company's sound and rapid development. The Shanghai Company has established an internal control and risk management leading group headed by the general manager to be responsible for internal control and risk management work and enhance The company's decision-making and support capabilities in major operations.
(2) Hire external legal counsel and staff full-time legal personnel
After the establishment of the Shanghai company, in order to ensure the company’s sustainable, stable and healthy development and eliminate all kinds of legal risks from the source, The Shanghai Company has signed an annual legal advisory service contract with XX Law Firm to provide legal advisory services on matters related to business management, various economic contracts, financing, review of partner credit, legal training and other matters. Subsequently, with the support of the group company, the Shanghai company assigned full-time legal personnel to handle the company's daily legal affairs, including contract review, case handling, legal issue handling, internal risk control, legal training, and contact with external legal consultants.
Through the combination of external legal counsel and internal legal personnel, we ensure that the company operates in compliance with the law and manages compliance.
(3) Promulgation of legal affairs management measures
While cooperating with other departments to complete the system construction, the legal personnel of the Shanghai company continue to improve the construction of their own legal affairs system, referring to the relevant legal affairs of the group company Management measures, formulated the "Legal Affairs Management Measures" (for trial implementation), institutionally regulated the four legal review tasks, external legal consultant management, legal publicity and other work, and gradually established a legal risk prevention mechanism.
2. Actively carry out legal work to protect the company’s stable operations.
(1) Implement the four review tasks.
In accordance with the requirements of the group company, the Shanghai Company continues to establish and improve the legal risk prevention mechanism and promote the legal review of rules and regulations, economic contracts, important decisions, and power of attorney. In the review of economic contracts, the division of responsibilities between external legal advisors and internal legal personnel was clarified, the review process was optimized, and review efficiency was improved.
(2) Legal risk prevention and control reporting work
In promoting legal risk prevention and control, Shanghai Company actively strengthens the construction of the prior prevention system. In view of the complex market environment in Shanghai and the strong awareness of customers' rights, the company leaders proposed the idea of ??establishing risk prevention and control reports. Based on the company's business operations, legal personnel alert relevant departments in advance about risks through reports and track the results of legal risk processing through a feedback mechanism, which improves legal risk prevention capabilities from a process perspective.
(3) Legal training.
Based on the “Sixth Five-Year Plan” legal popularization, the Shanghai Company actively carries out legal training. In the first half of this year, with the assistance of external legal consultants, the Shanghai Company organized all employees to learn laws and regulations related to real estate operations, which improved employees' legal concepts and understanding of corporate governance according to law. In the second half of the year, in view of the upcoming sales of the company's projects, the Shanghai Company conducted legal risk training for sales agencies, which improved the risk awareness of the agency's sales staff and reduced the possibility of legal disputes from the source.
3. Problems in legal affairs management Theoretical knowledge and practical experience are required. In particular, real estate legal personnel also need to be familiar with the real estate industry. As a newly established company in Shanghai, the knowledge and experience of the legal staff are relatively lacking and need to be further improved.
(2) Contract review and execution is weak
After the establishment of the Shanghai company, from early planning to marketing launch, a large number of contracts need to be reviewed, time is tight, and the tasks are heavy. In the process of conducting business, some departments have the problem of implementing contracts first and then signing contracts, which invisibly increases legal risks. In future work, it is necessary to further strengthen contract review and prevent risks in accordance with the contract review system.
IV. Shanghai Company Legal Work Plan for 20XX
(1) Improving the enterprise’s internal risk prevention and control system
In 20XX, leadership in internal control and risk management Under the leadership of the team, Shanghai Company will further improve the construction of the enterprise risk management system, formulate specific risk management processes, and improve the level of enterprise risk management in accordance with the requirements of the risk management system of joint-stock companies and group companies.
(2) Strengthen the four legal review work
On the basis of 20XX, in accordance with the requirements of Shanghai Company's "Legal Affairs Management Measures" (Trial), further strengthen the four legal Audit work, improve audit levels, strengthen audit efforts, prevent post-audit situations from occurring, and safeguard corporate compliance operations.
(3) Improving the level of legal training and legal publicity
In 20XX, the Shanghai Company will further improve the level of legal training and improve the pertinence of training. Relying on the requirements of the "Sixth Five-Year Plan" for legal popularization, we will continue to strengthen legal publicity work and improve the ability of all Shanghai Company personnel to govern the company according to law.
Chapter 3
In recent years, with the correct leadership of the ## company and the strong support of shareholders, the company has grown from scratch and continues to grow. , currently has more than 180 employees, pipeline assets have begun to take shape, and operating performance continues to improve.
With the development of the company, new and higher requirements have been put forward for legal work. We actively do a good job in this area and strive to lay a good foundation for the company to accelerate its development. The relevant situation is now reported as follows:
1. Put people first and handle labor legal affairs in accordance with the law
We follow the principle of safeguarding the legal system and the company's interests, proceeding from reality, and strengthening prevention and management. , actively handle labor legal affairs. We have hired legal consultants all year round to standardize the labor contract management process and handle labor contract disputes in accordance with the law, which provides a strong guarantee for the company to manage according to the law and prevent risks.
(1) Strengthen labor contract management. The company's legal counsel actively participates in standardizing the enterprise's labor contract management process, and establishes a new enterprise employment mechanism through efficient, standardized and humane contract management for workers. Through legal advisors, labor management personnel carefully consult the latest developments in labor laws and policies, continuously improve their knowledge of the application of labor laws, and make the operation of various labor contracts more standardized. For example, it further standardizes the company's recruitment management, eliminates discriminatory conditions that may appear in recruitment advertisements, etc., and facilitates the legal affairs related to the entire process of recruiting and hiring employees, entering into contracts, performing and changing contracts, and ending with the cancellation and termination of contracts. Operations are more standardized.
(2) Handle labor contract disputes in accordance with the law. Mainly handle the following tasks:
1. In June 20xx, the driver of the company's Jiangyin Station, XX, was seriously injured due to drunk driving, and a female passenger was slightly injured. After the incident, the driver and his family insisted that it was a work-related injury and demanded that the company bear full responsibility. In response to this, the company sent personnel to Jiangyin Hospital to express condolences and visit. Taking into account his family's difficulties, the company temporarily lent him part of the money. At the same time, the company sent personnel to Jiangyin together with legal counsel to investigate and understand the situation, obtain first-hand materials, and find out the facts of the case. . In the face of the facts, the driver and his family members are no longer unreasonable. After the Jiangyin Public Security Traffic Police Department issued an accident appraisal, the company terminated the labor contract with the driver in accordance with the law and safeguarded the company's rights and interests.
2. In June 20xx, it was found through physical examination that the five college graduates newly hired by the company were not suitable for group life and safe production work at the natural gas station. It would be neither legal nor appropriate to simply dismiss them. will cause conflicts. To this end, the company decided after research to sign a three-month short-term labor contract with the five college graduates, and informed them that they could go home first and pay their wages, thus properly solving the problem.
3. In June 20xx, a certain driver in the company disobeyed management and had a bad attitude. Taking into account the particularity and importance of the driver's work, and as a matter of strict company discipline, it was decided to terminate the labor contract relationship with him. After investigation, it was found that the driver had obviously falsely reported and overreported the gas fee and tolls. In the face of the facts, the driver had no choice but to resign. Protected the company's rights and interests.
2. Operate in accordance with laws and regulations, and properly handle possible legal disputes
Our company is located in the middle reaches of the natural gas industry chain, and legal work is particularly important. Because our company's main business method is the long-term gas purchase and sales contract model with the main characteristics of "take or pay" signed with relevant upstream and downstream units in the natural gas transmission chain. Take-or-pay contract is an international practice and rule for natural gas supply. It means that under market changes, payment cannot be changed. If the user's gas consumption does not reach this amount, he must still pay according to this amount; the gas supplier's gas supply does not reach this amount. When measuring, users must be compensated accordingly. The take-or-pay contract is scientific, rigorous and standardized. The terms of the contract are internationally accepted. Domestic legal and authoritative departments have studied and learned from them. The terms are relatively complex. The company has established an operations department to track and implement the contract. In actual operation, we must not only act in accordance with the law and prevent possible risks in accordance with the law, but also consider it comprehensively and actively and properly communicate and negotiate with the contract parties. In terms of contract performance with a company in Wuxi, as of June 20xx, the company had underpaid natural gas worth hundreds of millions of yuan. To this end, after comprehensive consideration, the company decided to have the company's vice president in charge lead a team and together with the legal consultant to visit the company to communicate and negotiate. In a harmonious atmosphere, the company made a written economic guarantee in accordance with the contract. Under the first premise, we restored normal gas supply and achieved good results in the performance of the operating contract.
3. Strengthen bidding management and strictly implement project and material contracts
Bidding work is both a procedural and a substantive legal activity. We strive to strengthen the management of each link and focus on the following aspects: First, strictly implement bidding laws and regulations.
Our company implements a bidding system for all major projects and materials. Strictly implement various bidding laws and regulations, the company entrusts a highly qualified bidding company in the province to conduct bidding, and works with relevant Sinopec personnel to strictly control the project bidding procedures and control the contract unit prices of major projects and important materials. The second is to actively standardize contract text management. The main leaders attach great importance to the bidding work. They are not afraid of tedious documents on important contracts and require relevant departments to work hard to thoroughly study them. We actively work with the bidding agent to review the contract text; on the other hand, the company actively reviews the technical attachments to the bidding, and organizes discussions with the bidding party, the design institute, and relevant domestic research institutes when necessary. We vigorously standardize the text of the bidding contract and its technical attachments, and strive to ensure that the bidding document is rigorous, scientific, and meticulous, and eliminate possible breakthroughs in the bidding price and bidding scope, changes in materials, changes in performance, changes in construction specifications, etc. during the performance of the contract. situation to ensure the smooth progress of bidding and contract performance.
4. Improve various systems and strengthen internal control management.
A good institutional system is the guarantee for the company's production and operation activities to be standardized and orderly, and it is also the only way to improve the company's operation and management level. Since its establishment, the company has been exploring a set of management systems that suit the company's characteristics. We have summarized in exploration, practiced in summarizing, and improved in practice. After years of accumulation, we have gradually established a system for bidding, contract management, and material procurement. , engineering management, production safety, operation management and emergency plans, financial settlement, internal reporting, employment mechanism, assessment reward and punishment system, file management and other working systems, standardize the company's governance structure, deepen internal management and operation processes, and achieve legal compliance There are rules and regulations to follow to ensure the safe and efficient operation of the company.
5. Improve the working mechanism and further promote legal work
We have initially established leadership responsibilities, general department management organization and coordination, dedicated personnel to handle specific matters, and close cooperation with the company's external legal advisors , a management mechanism that comprehensively handles the company's legal affairs. In actual work, the General Affairs Department actively provides legal consultation and coordination for internal and external administrative cases of the company; provides coordination, legal guidance and other services to business departments, such as for business personnel handling land acquisition and demolition, pledge guarantees, etc. Provide legal guidance and inspirational website http://wWw.qqZf.cN/, provide relevant legal materials; designate specialists to carefully review contracts, enhance the contract awareness of relevant personnel and the level of contract signing; classify and manage relevant documents and archive materials, etc. . Ensure that you do not panic when things happen, have complete materials, and advance legal work in a solid and orderly manner.
6. Combined with work practice, strengthen publicity and education.
We always regard the study of legal theory for important positions and related business personnel, and the improvement of related business as an important prerequisite for us to do a good job. Only by constantly learning new laws and regulations can we do a good job in our respective legal affairs. We focus on educating relevant business personnel on legal issues involved in the business process, and promptly use legal knowledge involved in bidding meetings, signing contracts, performance of contracts, recruitment, etc. to publicize and explain, and constantly Improve the legal awareness and relevant legal operational capabilities of managers, create an environment and atmosphere for handling matters in accordance with the law, and make active efforts to avoid legal risks.
7. The next step of the company’s legal work plan
The year 20xx is the launch year of the Sixth Five-Year Plan for legal popularization. Our company will closely focus on the concept of "scientific development, harmonious development, and safe development" The main line is to focus on building a safe and legal enterprise, do a solid job in the "Sixth Five-Year Plan" law popularization work, and create a good legal environment for enterprises to operate in accordance with the law, manage in accordance with the law, and safeguard their legitimate rights and interests in accordance with the law. Implementation in several aspects: First, effectively strengthen the company's leading cadres to learn, abide by, and use the law, and continuously improve their awareness and ability to make decisions, operate according to the law, and manage according to the law. Second, vigorously promote the employees of the risk prevention and control department and the operation and management department to learn the law and use it. Comply with the law and use the law. It is necessary to further improve legal risk prevention and control mechanisms such as contract review, project legal risk assessment, and contract breach risk analysis. The third is to carry out in-depth legal publicity and education for department heads to ensure that they are aware of production safety. There are clear understandings and countermeasures for legal risks such as contract risks and labor disputes in project operations. Fourth, we must carry out legal publicity and education for front-line employees.
Companies should carry out legal publicity and education for front-line employees in accordance with local conditions, timely conditions and individual conditions, so that employees can effectively benefit from the "Sixth Five-Year Plan" legal education activities.