National Individual Consultancy on legal support to reform RESTART

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UNICEF - United Nations Children’s Fund


UNICEF Moldova is contracting a National Individual Consultant, to provide technical assistance to the Ministry of Labor and Social Protection on legal amendments and ensure that the operational functionality of the newly established social assistance system and adjustments are in line with the RESTART objectives, goals concept note and national priorities.

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential. 

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone. 

And we never give up. 

For every child, strength 

The Ministry of Labor and Social Protection (MLSP) launched in 2023 the Reform of Social Assistance System to enhance governance, increase access to social protection, and mitigate the negative impacts of the socio-economic crises. Within this, MLSP defined the essential social services that aim to address the needs of vulnerable people in a uniformly based approach. As a part of the reform, the MLSP reorganized local social assistance authorities into ten territorial social assistance agencies (TSAA) and social assistance units at the rayon level with a primary goal to rebuild a new level of coordination between the central and local levels. In August 2023, the primary legislation was approved by the Parliament, whereas the secondary legislation was approved in December 2023. To ensure continuity of technical support, UNICEF will provide technical assistance on the following, which implies legal adjustments of various sets of legal documents (Laws, decrees, etc): 

  • developing an integrated information system for social assistance;
  • Revising the minimum quality standards for social services and their monitoring indicators.
  • developing a value-for-money framework.

How can you make a difference? 

The national consultant will provide technical assistance to the Ministry of Labor and Social Protection on legal amendments and ensure that the operational functionality of the newly established social assistance system and adjustments are in line with the RESTART objectives, goals concept note and national priorities. 

1. Objectives of the Assignment

The primary objective of the assignment is to provide legal technical support with regard to the following tasks under the RESTART reform:

  • Analyze legal framework on social assistance
  • Prepare draft laws/government decrees, regulations, and other legal documents
  • Ensure drafts of legal documents are consulted with MLSP, key stakeholders and experts: 
  • Consult with the MLSP, Minister, State Secretaries, chief of departments and align legal framework with policy recommendations
  • Adjust legal documents as agreed with MLSP
  • Consult with the team of experts working in the RESTART reform (social services, human resources, territorial reorganization, etc.)
  • Contribute/prepare: legislative initiatives, brief notes, and legal impact analysis, draft contracts, prepare draft responses to petitions, related to the RESTART reform
  • Prepare overview tables of objections and recommendations, including prepare analysis of recommendations and formulate justification
  • Prepare comparative tables
  • Participate in work sessions and public consultations with stakeholders

2. Details of how the work should be delivered

Technical assistance will be provided based on a purposive need to carry out legal adjustments and ensure the operational functionality of the newly established social assistance system. The support provided by the legal consultant, in cooperation with the team of other experts, will consist of:

  • The development of legal briefs, draft laws/government decrees, regulations, draft contracts, and draft replies to petitions related to the RESTART reform will be a collaborative effort jointly undertaken with the team of experts and MLSP. This process will be informed by a desk review of the available data, as well as discussion and consultation on implementing the RESTART Reform.
  • One of the critical aspects of the approach is the facilitation of inclusive public consultation sessions. These sessions, including regional consultations, are designed to ensure the meaningful participation of key stakeholders, thereby fostering a sense of ownership and collective responsibility.
  • Adjusting the legal framework for social assistance and other related documents will involve revising existing laws and introducing new regulations to align with the requirements of the RESTART reform.

3. Deliverables and delivery dates

The expected deliverables under this consultancy are:

NO

                      Tasks

Deliverables

Timeline*

1

  • Provide technical assistance to review 20 Governments decrees related to functionality of social services and draft proposals to improve the regulations governance and administration
  • Facilitate consultation with key stakeholders
  • brief(s) on legal documents to be reviewed
  • draft(s) of Government decrees and/or other normative acts
  • legal documents: comparative tables, legal justification, summary of legal recommendations, impact analysis
  • agenda(s) of public consultations events and/or table of received feedback

30 working days

2

  • Provide legal advice on ensuring effective operational functionality of the newly established social assistant system
  • Contribute inter-institutional dialogue and legislative process
  • draft legal documents such as: contracts, justification and replies to petitions, information notes, briefs on legal framework
  • case studies supporting policy recommendations

30 working days

3

Provide legal advice, at MoLSP request related to the implementation of the RESTART Reform

 

  • draft legal documents such as: replies and justification to petitions, information notes, briefs on legal framework

20 working days

4

  • Provide support to MoSLP to set up the legal framework on the establishment of a new Public Institutions which will manage the digital activities of MoLSP
  • Adjust legal framework related to various informational automated systems owned and managed by MoLSP
  • draft legal framework: government decision and other supportive documents (such as regulatory impact analysis, information note, table with synthesis of proposals, etc)
  • amend other related normative framework

40 working days

* Exact deadlines will be mutually agreed upon contract signature.

To achieve the above-mentioned objectives, the individual consultant, under the guidance of UNICEF, will:

  • Review and adjust as necessary the legal documents and work plan for the assignment, including the data collection, as per UNICEF and MLSP recommendations.
  • Conduct briefing and de-briefing meetings with UNICEF and the MLSP, as well as other partners as required;
  • Review and adjust if necessary, the desk review of relevant legal documents and brief notes.

Changes to the agreed dates for deliverables must be mutually agreed in writing by UNICEF and the contractor, and in consultation with MLSP. UNICEF reserves the right to impose a penalty of payment on the following conditions: a) unsatisfactory delivery; and b) unjustifiable late completion of deliverables (by five days or more), through a 10% deduction of the cost of the assignment.

4. Reporting requirements

The consultant will report to the Social Policy Officer (RESTART Team Leader), who will regularly communicate with the consultant and provide feedback and guidance on his/her performance and all other necessary support so to achieve objectives of the consultancy, as well as remain aware of any upcoming issues related to consultant’s performance and quality of work. Also, the consultant will work closely with Social Policy Specialist.  

All activities and deliverables undertaken by the consultant shall be discussed and planned in consultation with UNICEF and MLSP. The consultant is expected to deliver each component of the deliverables electronically (in Word format) and in Romanian. At each stage, the deliverable shall be sent to the Social Policy Officer (RESTART Team Leader), with the Social Policy Specialist in copy.

5. Payment schedule

The payment will be linked to the following deliverables upon satisfactory completion and acceptance by UNICEF:

Deliverable (delivered according to the timeline agreed upon with UNICEF)

Proportion of payment

Deliverable 1

30%

Deliverable 2

30%

Deliverable 3 – 4

40%

UNICEF reserves the right to withhold all or a portion of payment if performance is unsatisfactory, if work/outputs are incomplete, not delivered for failure to meet deadlines.

6. Work location and official travel involved

The work may require local travels in order to conduct in-person visits and interviews with the different government officials. The consultant is expected to cover costs, arrange and schedule such visits, including transportation. The UNICEF office will facilitate introductions to key informants.

To qualify as an advocate for every child you will have

  • Advanced university degree (Masters) in law, social sciences, public policy or international development policy;
  • 10 years of professional experience in legal research, policy or technical assistance related to public policy or/social protection policy;
  • Experience in qualitative analysis and fieldwork experience on collection of data;
  • Strong knowledge of social protection policy debates on RESTART reform is considered an advantage;
  • Demonstrated ability to produce clear, succinct legal materials;
  • Previous research experience on social assistance is an asset;
  • Demonstrated working experience with government officials and local authorities, and UN agencies;
  • Excellent written and oral communication skills in Romanian and working knowledge of English is required. Knowledge of Russian would be an advantage

For every Child, you demonstrate

UNICEF’s values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS). 

To view our competency framework, please visit  here

For more details on the consultancy assignment and requirements, please refer to attached Terms of reference (ToR)

Download File 2024_TOR_Legal Expert to support RESTART_VA.docx

HOW TO APPLY: Your online application should contain the Technical Offer and Financial Offer (templates below). Please secure the Financial Proposal *.pdf document with a password on document view; the password will be requested only from technically qualified candidates.  

Download File Technical Offer_Legal Expert RESTART.docx

Download File Financial Offer_Legal Expert RESTART.xlsx

 UNICEF is here to serve the world’s most disadvantaged children and our global workforce must reflect the diversity of those children. The UNICEF family is committed to include everyone, irrespective of their race/ethnicity, age, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, or any other personal characteristic.

UNICEF offers reasonable accommodation for consultants/individual contractors with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment. 

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check. 

Remarks:  

Only shortlisted candidates will be contacted and advance to the next stage of the selection process. 

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws. 

The selected candidate is solely responsible to ensure that the health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts. 

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