Head - Legal & Compliance - GCC/IT - LLB/CS

Given below position details with a Global Capability Center focus on IT.

Designation : Head - Legal and Compliance

Department : Legal

Location : Sector 65, Gurugram

Working Hours/Shifts : 10 AM - 7 PM, Hybrid Mode

Purpose of the Role :

- We are seeking a highly skilled and experienced Legal Counsel to join our team, primarily responsible for handling legal and compliance functions for the Entity including but not limited to contract management, compliance management, board governance, policy governance, risk management, advisory, and research.

- The ideal candidate should have a strong background in legal practice, compliance, and governance within a regulated environment. This role will involve working closely with internal stakeholders, external legal counsel, and regulatory bodies to ensure the company's compliance with all legal and regulatory obligations.

Responsibilities :

1. Functional lead for Legal and Compliance Functions:

- As the Legal Counsel, you will be responsible for overseeing both legal and compliance aspects of the organization's operations. This includes ensuring that all activities and practices within the company adhere to relevant laws, regulations, and industry standards.

- You will provide legal guidance to ensure the company's compliance with various legal requirements, including but not limited to Company Law, labor laws, environmental regulations, data protection laws, and more.

- Additionally, you will monitor changes in laws and regulations that may affect the company and advise stakeholders accordingly.

This shall include following :

i. Contract Management :

- You will be tasked with managing the lifecycle of contracts entered into by the company.

- This involves end to end contract management i.e. an in-house counsel you will be required to adeptly manage contracts, encompassing drafting, reviewing, and negotiation while ensuring adherence to legal and corporate standards.

- Essential responsibilities also include conducting periodic risk review/assessments, navigating negotiations, monitoring compliance, and resolving disputes throughout the contract lifecycle.

ii. Compliance Management :

a. Regulatory and Secretarial compliance: complying with relevant external laws, regulations, and guidelines applicable on Company registered in India ensuring secretarial compliances under relevant provisions of Companies Act, Competition Act, FEMA, RBI guidelines etc.

b. Corporate compliance: The actions and programs within YITSPL to ensure compliance with internal policies and procedures.

c. You will be required to ensure compliance with all statutory requirements and all relevant pieces of legislation including The Companies Act, Competition Act, FCPA, Anti-Corruption Act, FEMA, Privacy and Digital Personal Data Protection Act, Information Technology Act, RBI guidelines, IPR Laws, and relevant labour laws and provide advice to the Board of Directors and CEO on all aspects of relevant statutory and regulatory requirements and amendments, as required;

d. You shall also be responsible to handle several event base compliances wherein YITSPL is required to file the report, return or intimation to the concerned statutory Authorities, which is a time bound activity.

e. Prepare and submit regular compliance reports to senior management and, if applicable, the board of directors.

f. Lead or oversee investigations into reported compliance violations.

g. Implement corrective actions and remediation plans to address identified issues.

h. Collaborate with legal, risk management, and other departments to align compliance efforts with broader organizational goals.

i. Proven track record of developing and implementing successful compliance programs in high-growth environments.

j. Experience In handling harassment matters as per Prevention of Sexual Harassment Act and other applicable laws.

iii. Board Governance :

- As the in-house counsel, your primary responsibility will be to provide comprehensive support to the Board of Directors in fulfilling their governance obligations.

- This entails advising on governance best practices, facilitating Board meetings, and ensuring adherence to legal and regulatory mandates.

- You will be tasked with maintaining corporate governance frameworks, orchestrating Board and Committee gatherings, and aiding in the formulation and execution of governance protocols and procedures. Additionally, you will offer guidance on Board composition, structure, and efficacy to elevate corporate governance standards.

- Furthermore, you will contribute to the formulation of policy submissions and provide backing for organizational policy initiatives.

- You will play a pivotal role in driving Board and Committee gatherings, collaborating with the Chair on agenda creation and ensuring follow-through on action items.

- Your responsibilities will also encompass orchestrating Members' and Directors' meetings in accordance with formal protocols, including the preparation of official Minutes and reports.

iv. Policy Governance :

- Your role will include developing, reviewing, and implementing organizational policies to ensure compliance with legal requirements, industry standards, and ethical principles.

- This involves conducting research, drafting policy documents, and obtaining internal and external stakeholder input to create comprehensive and effective policies.

- You will also monitor policy compliance, provide guidance on policy interpretation, and update policies as needed to reflect changes in laws, regulations, or business practices.

v. Risk Management :

- You will play a key role in identifying, assessing, and managing legal and regulatory risks faced by the organization.

- This includes conducting risk assessments, developing risk mitigation strategies, and implementing controls to minimize risks.

- You will work closely with management to evaluate business activities and initiatives from a risk perspective, providing legal advice and recommendations to support informed decision-making.

- Additionally, you will monitor emerging legal and regulatory risks and proactively address them to protect the organization's interests.

vi. Advisory :

- As the Legal Counsel, you will serve as a trusted advisor to senior management, the Board of Directors, and other stakeholders on legal and governance matters.

- This includes providing timely and practical legal advice, risk assessments, and recommendations to support strategic decision-making and mitigate legal risks. You will also participate in strategic planning sessions, assess legal implications of business initiatives, and provide guidance on legal compliance and ethical standards.

2. Leadership Role :

i. Strategic Planning : Collaborate with executive leadership to develop and implement strategic initiatives that align legal objectives with the overall goals of the organization. Provide insights and advice on legal implications and risks associated with strategic decisions.

ii. Cross-Functional Collaboration : Work closely with leaders from other departments, such as finance, human resources, administration, IT, operations, and marketing, to provide legal guidance and support for their initiatives.

iii. Crisis Management : Serve as a trusted advisor during times of crisis or controversy, offering strategic counsel and guidance to senior leadership on how to navigate legal challenges while protecting the organization's reputation and interests.

iv. Policy Development : Lead the development and implementation of company policies and procedures that promote legal compliance and ethical conduct. Collaborate with stakeholders to ensure that policies are clear, practical, and aligned with organizational values.

v. Change Management : Support organizational change initiatives by providing legal advice and guidance on restructuring, mergers and acquisitions, divestitures, and other strategic transactions. Collaborate with leadership to navigate legal complexities and ensure smooth transitions.

vi. In summary, as the Legal Counsel, you will play a critical role in ensuring the organization's legal compliance, managing contractual relationships, mitigating risks, enhancing governance practices, developing policies, providing strategic advice, and conducting legal research to support informed decision-making and protect the company's interests.

Minimum Requirements :

- Graduate in law from a reputed university in India with 12 to 17 years of post-qualification experience.

- Master's in law or CS is an added advantage.

- Experience as an in-house Legal counsel of a Company or large regulated organization or an MNC with a prior experience of at least 5 years into technology and consulting contracts, compliance management and working with external vendors / consultants.

- Owning and managing the budget for Legal team

- Sound understanding of technology landscape (including some of the IP laws). Familiarity with QSR industry will be an added positive .

- Ability to prioritize workload, observe time constraints, and meet deadlines.

- Ability to provide legal advice, communicate complex legal issues with excellent drafting and communication skills.

- Need a solution oriented mindset to enable business objectives / decisions and not just identify challenges / deterrents