Legal & Compliance Consultant X 2 (Midrand & Cape

3 weeks ago

Midrand, South Africa NEC XON Full time

**Main purpose of the job (summarised)**
- Oversee, execute and be accountable for the NEC XON Group of companies’ legal & compliance portfolio within the legal & compliance team;
- Support the NEC XON business strategy.
- Pursue continuous improvement in the Legal & Compliance Department as well as NEC XON;
- Ensure increased customer experience by agility and flexibility.
- Ensure contract risk mitigation in accordance with the NEC Global contract governance rules.
- Ensure contractual compliance with applicable legislation, NEC code of conduct etc.
- Develop, implement, maintain and revise policies and procedures for the NEC XON group of companies’ compliance program.
- Work with the organisation and the broader Legal & Compliance function to pursue continuous improvement.
- Review legalities of tenders, compile tender checklists and report on risks using same to the tender team.
- Work closely with the Head of Legal to perform an agile, front-office legal function that is flexible and competent.

**Key Responsibilities**

**Responsibilities: Legal Function (Both South Africa and Africa)**
- Interpretation of Customer and Supplier agreements
- Drafting of Customer and Supplier agreements using approved templates, where applicable
- Review and vetting of agreements supplied by Customers and Suppliers to minimize legal risks.
- Negotiating Customer and Supplier agreements
- Highlighting of risks to delivery, project and operational teams as well as management for adequate mitigation
- Determine the type of agreements to be entered into and advising the responsible persons;
- Rendering of ad-hoc general legal advice to internal customers (colleagues) related to risk mitigation, penalty provisions, official communications, contract amendments etc.

**Responsibilities: Legal Commercial Function (Both South Africa and Africa)**
- Negotiation of commercial matters in respect of Customer agreements excluding pricing e.g.
- Payments terms
- Currency
- Invoicing and triggers
- Rate of exchange implications
- Transfer of title
- Transfer of risk
- Incoterms
- Subcontracting
- Negotiation of commercial matters in respect of Supplier agreements excluding pricing

**Responsibilities: Compliance Function (Sub-Saharan Africa)**

Be accountable for and execute the following:

- Maintain and revise policies and procedures for the general operation of the NEC XON group of companies’ compliance program.
- Institute and maintain an effective compliance communication program for the organization, including communication of the compliance program, and develop and conduct an effective compliance training program (appropriate introductory training for new employees as well as ongoing training for all employees and managers);
- Report on the compliance training program.
- Annual Compliance Week awareness campaign.
- Monthly Compliance Competition rollout.
- Maintain all Compliance related documentation.
- Day-to-day administration of the compliance program; and
- Train and develop junior staff new company joiners in compliance-related matters.

**Responsibilities: Tender Function (Mostly South Africa, including Africa to an extent)**
- Review of tenders, bids, RFPs, RFQs and RFIs - identification of administrative and mandatory requirements as well as legal and compliance issues.
- Rendering of Quality Assurance in respect of all tenders, bid, RFP, RFQ and RFI responses to ensure compliance with mandatory, pre-qualification and functional requirements;
- Assist Bid teams with input to Bid responses in respect of contractual risks, Commercial statements and deviation statements;
- Provide objective advice in respect of tender, bid, RFP, RFQ and RFI formulation;
- Ensure legal requirements in respect of responses are met e.g. subcontractor agreements in place for targeted procurement;
**Responsibilities: Contract Management Function (Sub-Saharan Africa)**

Be accountable for:

- Maintaining the Contract Register.
- Have oversight in the allocation of Contract Numbers and the archiving of contracts.

**Skills and Experience required**

**Competencies**
- Compliance Competencies - ability to develop, implement, maintain, and revise compliance programs.
- Accuracy - impeccable attention to detail
- Innovative - able to provide fresh ideas, new perspectives, and to think laterally
- Independent and accountable - able to self-start, follow through, follow up and ensure completion of tasks
- Agile - flexible and accommodating, ability to prioritise according to importance of tasks
- Travel Flexibility - future travel in South Africa (possibility Africa) dependent on company requirements, must own a vehicle and have a valid driver’s license

**Qualifications, Experience and Training**
- BCom Law or LLB (advantageous).
- 2 to 5 years’ experience in both legal and compliance fields
- Contract drafting (advantageous)
- Contract interpretation (advantageous)
- Compliance programs experience (with training and rollout experience)
- P

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