Legal Consultant (Open to Ethiopian Nationals Only)

  • Added Date: Thursday, 05 September 2019
  • Deadline Date: Friday, 20 September 2019

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Terms of Reference

Request for legal consultant (Local) to develop legal procedure and materials

Background

Under Advancing Decent Work and Inclusive Industrialization in Ethiopia Programme the ILO is supporting the development and implementation of three complementary interventions to strengthen the labour inspection system in Ethiopia:

1) Strategic Compliance planning for the Labour Inspectorate;

2) a labour inspection information and knowledge management system; and

3) a continuous education mechanism for labour inspectors.

In today’s world of work, the traditional enforcement model – reactive and routine inspections – is no longer sufficient to achieve effective and efficient enforcement and sustained compliance with national and international labour norms. The number of workplaces subject to inspection dwarfs the resources available to inspect them, leading to a situation in which workers are unprotected, violators operate with impunity, and unfair competition for compliant businesses pervades.

The emerging strategic compliance model – proactive, targeted, and tailored interventions engaging multiple stakeholders – provides the labour inspectorate with a new methodology to achieve compliance outcomes in light of limited resources, mismatched powers and a need to shoulder greater responsibility for promoting compliance in the ever-evolving world of work. To enable all labour inspectorates to apply the strategic compliance model, the LABADMIN/OSH Branch of the ILO’s Governance and Tripartism Department, developed the ILO approach to strategic compliance planning for labour inspectorates – a six-step exercise to formulate, sequence and operationalize broader thinking and action, that will help labour inspectorates attain the goal of sustained compliance.

The initial works to transition the Ethiopia labour inspection system from a traditional enforcement model to the emerging strategic compliance model is underway. Currently the first Strategic Compliance Plan has been drafted by the strategic compliance planning task team comprised of two representatives from five regional BOLSAs and MOLSA.

Objective

The ILO through its assessment on labour inspection and the strategic compliance task team through its planning, have identified procedural gaps on labour inspection work. In addition, as part of the strategic compliance plan the task team wants to develop easy to understand materials to be distributed to workers and employers during inspection.

In lieu of the above, the legal consultant will be tasked to develop the easy to understand materials, studies to inform potential interventions and develop legal procedures.

Key tasks and outputs

The consultant will,

a. Develop easy to understand educational materials for workers and employers on their rights and duties in relation to wages, hours, social protection, unionization (how to form a union and file a bargaining petition), and how to access your rights (interacting with the individual/collective dispute resolution system), which reflects the new Ethiopian labour proclamation;

b. Design easy to use templates, guides, and/or instructions for labour inspectors to facilitate enforcement of labour inspection orders through the labour bench and the collection of fines through the execution bench, which reflects current national law and civil and administrative procedure;

c. Develop a procedure for the partial (work stoppage) and/or complete closure of a workplace in the event of a finding of imminent risk to life or limb, which reflects current national law and civil and administrative procedure;

d. Study the feasibility of transferring OSH Accident and Disease reporting/recording to POESSA (which is the social protection agency under the MOLSA) and transferring enforcement power for underpayment of POESSA contributions to BOLSAs without a change to current law (i.e. is it possible to do through decree, regulation, or policy);

e. Study the feasibility of including a review of labour law compliance (past/pending violations) in the process to participate in the “government procurement and disposal” process, without a change to current law (i.e. is it possible to do through decree, regulation, or policy);

f. Study the feasibility of including a review of labour law compliance (past/pending violations) in the process to issue a “performance guarantee” and “Loans” by a financial institution, without a change to current law (i.e. is it possible to do through decree, regulation, or policy).

  1. Time Schedule

Deadline: 15 October

Activity: Easy to understand educational materials for workers and employers on wages, hours, social protection, unionization (how to form a union and file a bargaining petition), and how to access your rights. (Interacting with the individual/collective dispute resolution system) developed and finalized.

Deadline: 3 October

Activity: Easy to use templates, guides, and/or instructions for labour inspectors to facilitate enforcement of labour inspection orders through the labour bench and the collection of fines through the execution bench, designed and validated.

Deadline: 31 October

Activity: Procedure for the partial (work stoppage) and/or complete closure of a workplace in the event of a finding of imminent risk to life or limb, developed and validated.

Deadline: 25 November

Activites:

  • Study the feasibility of transferring OSH Accident and Disease reporting/recording to POESSA (which is the social protection agency under the MOLSA) and transferring enforcement power for underpayment of POESSA contributions to BOLSAs.
  • Study the feasibility of including a review of labour law compliance (past/pending violations) in the process to participate in the “government procurement and disposal” process.
  • Study the feasibility of including a review of labour law compliance (past/pending violations) in the process to issue a “performance guarantee” and “loans” by a financial institution. The consultancy period will be from 25 September – 25 November, 2019.

Supervision of the work
The Consultant will work under the direct and overall supervision of the Project Manager of Advancing Decent Work and Inclusive Industrialization programme based in Addis Ababa, Ethiopia. He/She will also work under the guidance of the National Project Coordinator for Labour Administration in Ethiopia, and the Technical Specialist for Strategic Compliance for the LABADMIN/OSH Branch of ILO based in Geneva, Switzerland.

Background and Experience

The required background and experience for the local consultant is as follows;

  • A Bachelor’s degree in law from a recognized university;

  • Five years of experience as a legal professional with proven experience working on Ethiopian labour law, civil procedure law and labour inspection system;

  • Proven excellent communication and facilitation skills, including in multi-cultural settings;

  • Highly motivated and committed to the values of transparency and integrity;

  • Fluency in English and Amharic (written and spoken).

  • Application requirements

Applications must include:

  • Cover letter
  • CV
  • Please indicate your availability and daily or monthly rate (in US$) to undertake the terms of reference above. Applications submitted without a daily or monthly rate will not be considered.

Evaluation of short-listed candidates may include an interview and/or a written test.

This vacancy is archived.

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