Legal Consultant (Open to Ethiopian Nationals Only)
International Labour Organization is currently seeking applications from the eligible applicants for the post of Legal Consultant in Ethiopia.
Terms of reference
Request for legal advice (local) to develop the procedure and legal issues
Under the program “Promotion of Fair Labor and Inclusion” in the Ethiopian program, the ILO supports the development and implementation of a complementary intervention to strengthen the labor inspection system in Ethiopia :
1) Strategic Planning of Compliance for Labor Inspection;
(2) information system on information management and labor inspection; and
3) continuous training mechanism for labor inspectors.
In today’s world of work, the traditional application model – inspections and reactive routines – is not sufficient to ensure effective and efficient application and sustainable compliance with national and international labor standards. The number of workplaces subject to inspection mitigates the resources available for inspection, making unprotected workers, punishable offenses and unfair competition for compliant enterprises. advanced.
The new strategic compliance model – proactive, targeted and customized multi-stakeholder interventions – provides a new methodology for labor inspection to achieve compliance results in the face of limited resources, inconsistent powers and the need to continue to give more responsibility to promote compliance – professional life. In order to enable all labor inspectorates to implement the strategic compliance model, the LABADMIN / OSH Service has developed the ILO Governance and Partnerships section of the ILO’s approach to the strategic planning of the ILO. compliance of labor inspectorates – a six-step reflection exercise. formulation, sequencing and implementation of actions that will help labor inspectorates to achieve the goal of continued compliance.
Initial work to transfer the Ethiopian labor inspection system from a traditional application model to the new strategic compliance model is underway. Currently, the team has drafted a strategic performance planning task for the first strategic compliance plan, consisting of two representatives from five regional MEPs and MOLSA.
The ILO has identified gaps in labor inspection procedures through its labor inspection and strategic compliance team. In addition, as part of the strategic compliance plan, the team would like to develop easily understandable subject tasks to distribute to workers and employers during the inspection.
Instead of the above, the legal advisor will be responsible for developing easy-to-understand topics, studies to guide possible interventions, and development of legal procedures.
Key tasks and results
The counselor must,
at. Develop easy-to-understand educational materials for workers and employers about their rights and obligations with respect to pay, hours of work, social protection, union organizing (how to form a union and file a negotiation petition), as well as on how to access your rights (interaction with the individual / collective dispute resolution system), reflecting the new manifesto of Ethiopia’s work;
b. Design a model, instructions and / or user-friendly instructions for labor inspectors to facilitate the enforcement of labor court inspection decisions and the collection of fines by the Enforcement Court , in accordance with the legislation and the procedure in force in the country. civil and administrative;
c. Develop a procedure for partial arrest (work stoppage) and / or total closure of a workplace presenting a risk of death or injury, reflecting the national law in force as well as the civil and administrative procedure;
d. Investigate the possibility of transferring the reporting / recording of accidents and diseases related to occupational safety and health to POESSA (the social protection agency governed by MOLSA) and to transfer the power of implementation of the insufficient payment of POESSA contributions to ELBs without modifying existing legislation (ie, make it by decree, regulation or policy);
e. Study the feasibility of reviewing compliance with labor legislation (past/pending violations) in the process of participating in the “procurement and elimination of government” process, without changing existing legislation (this is by decree, regulation or policy);
f. Study the feasibility of including a review of labor 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).
- 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
- 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
- Please indicate your availability and the 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.
Interested and qualified candidates are invited to submit their applications through the following e-mail address email@example.com on or before 20 September 2019.
Please indicate the following reference in the email Subject line: “Application – Legal Consultant”. Your application must also include a financial and technical proposal for the consultancy, including the total consultancy fee (broken down into daily or monthly rate in US Dollars). Applications submitted without a financial proposal will be automatically disqualified from the process.