Local legal expert to support MFLT developing secondary legislation

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UNDP
Publikuar
09/03/2022
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15/03/2022
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Local legal expert to support Ministry of Finance Labour and Transfers (MFLT) Department of Social Policy and Families (DSPF) on developing secondary legislation

Location : Prishtina, Kosovo, UNSCR 1244 (1999)
Application Deadline : 15-Mar-22 (Midnight New York, USA)
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Starting Date : 25-Mar-2022
Duration of Initial Contract : 25 March 2022 – 30 July 2022
Expected Duration of Assignment : 25 March 2022 – 30 July 2022

UNDP works closely with public institutions to stimulate an enabling environment for an effectively and efficiently operating labour market. Supporting the Ministry of Finance Labour and Transfers (MFLT) and the Employment Agency, UNDP has introduced programmes, systems, and tools for more tailored and responsive services to jobseekers that provide them with opportunities to gain new skills, find employment, launch own small businesses or receive integrated social services. This includes the flagship active labour market measures, with over 16,000 women and men having participated in these programmes since 2005 implemented by Active Labour Market Programmes 2 project (ALMP2). UNDP also conducts research to better inform the design of policies of programmes of public institutions, as well as invest into outreach to provide information about the available services and help people move from economic inactivity to being active jobseekers, especially in the context where only 1/5 of women of working age have a job or are looking for one, and close to a third of young people are “NEET” (not in education, employment or training). Through a comprehensive and scaled-up approach, the overall goal has been to build-up on long-standing UNDP achievements in addressing Kosovo’s labour market challenges, as well as to pave the way for long-term and sustainable local mechanisms that are capable to address such challenges on their own.

The MFLT Social Assistance Scheme (SAS) is the main social assistance program in Kosovo. In 2018, 88 percent of the social assistance budget was spent on this scheme. SAS is the only program aimed at reducing poverty in Kosovo and, above all, is the only program in which household income and assets are used to identify beneficiaries. The main problem with Social Assistance is currently the very limited impact of SAS on poverty alleviation, which is the main purpose of this scheme. In 2017, SAS contributed to reducing the poverty rate by 1.5 percentage points, while reducing the poverty gap by 1.8 percentage points.

The MFLT since 2019 started to work on a concept paper on SAS reform based on proposed manuals of the Prime Minister’s Office and other strategic documents which document is approved in September 2020. This concept document will be a lead to develop the new Law on Social Assistance on 2021.

SAS interconnection with employment and social care services is not effective and hampers the effectiveness of service delivery. Limited interaction with social services increases the administrative burden and duplication and reduce the effectiveness of the provision of public services in an integrated form. They also undermine the government's ability to tackle poverty. Lack of coordination between employment services and SAS significantly reduces the potential for activation and (re) integration of SAS beneficiaries into the labor market. Lack of sanctions affects increasing long-term dependence on benefits.

ALMP2 project  based on legal reform process  of the  social assistance scheme has supported MFLT /DPSF in development of  the  following administrative instructions :  Administrative Instruction on amending and supplementing the Administrative Instruction (MFLT) No. 03/2013 on procedures for registration, certification and, active job search for the jobseekers that apply for the social assistance scheme, Administrative Instruction on amending and supplementing administrative instruction (MFLT) No. 06/ 2013 to calculate material and non-material goods and calculated accountable and non- accountable revenues, Administrative Instruction on amending and supplementing the Administrative Instruction (MFLT) No. 04/2013 for submission of claims procedures for social assistance scheme. The developed administrative instructions are submitted and approved by MFLT.

In this context to complete the development of packages of the administrative instructions, the ALMP2 project is seeking a local legal expert to support DPSF/ MFLT in revising and developing three additional administrative instructions as below:

  • Administrative Instructions for calculating the monthly amount of Social Assistance.
  • Administrative Instructions on Administrative Procedures for return of the payments by Social Assistance Scheme beneficiaries.
  • Administrative Instructions on determining the procedures for the payment of one-time social assistance support.

Assignment will be conducted in line with UN 8 Point Agenda and the UNDP Gender responsive mandate.

 

Objectives of Assignment

The overall objective of this assignment is to support DPSF/MFLT on amending and developing secondary legislation documents in line with MFLT annual work plan. The expert shall work under direct supervision of the Project Manager of the Active Labour Market Programmes 2, in direct consultation with the Director of the Department of Social Policy and Families in MFLT.

 

Duties and Responsibilities
Within this TOR, under the direct supervision of the ALMP 2 Project Manager, and in close cooperation with the Kosovo Ministry of Finance Labour and Transfer and other partners, the local expert is expected to:

1. In close cooperation with Local Expert on social assistance scheme and coordination with the Department of Social Policy and Families provide technical support in the process of drafting and amending administrative instructions in the field of social schemes such as:

a. Administrative Instructions for calculating the monthly amount of Social Assistance.

b. Administrative Instructions on Administrative Procedures for return of the payments by Social Assistance Scheme beneficiaries.

c. Administrative Instructions on determining the procedures for the payment of one-time social assistance support.

2. Facilitate meetings/workshops with members of the working group within MFLT/DSPF during drafting, harmonization and structuring process of relevant secondary legislation stated above in line with Kosovo Legal Framework.

3. Supporting MFLT/DSPF on conducting public consultations and facilitating the work of the working group/responsible official, for the inclusion of comments during the public consultation process.

4. Identify recommendations from studies and analyses of different institutions and international organizations for Social Assistance scheme reform and provide advice to the working group on identifying best options to adapt relevant secondary legislation documents.

5. Prepare a draft document of secondary legislation and submit for approval to the MFLT/DSPF.

6.      Prepare final report on produced documents including recommendations.

 

Expected Outputs and Deliverables

1.Facilitate working groups for revision of secondary legislation, collect inputs and submit report for approval by MFLT (estimated completion date 20 April 2022)

2. Finalize Administrative Instructions for calculating the monthly amount of Social Assistance (estimated completion date 15 May 2022)

3.  Administrative Instructions on Administrative Procedures for return of the payments by Social Assistance Scheme beneficiaries (estimated completion date 15 May 2022)

4.Finalize Administrative Instructions on determining the procedures for the payment of one-time social assistance support (estimated completion date 15 July 2022)

5.Prepare final document of secondary legislation and submit for approval to the MFLT, including final report on produced documents including recommendations (estimated completion date 30 July 2022)

 

Remuneration - Lump Sum Amount

The Contract is based on lump sum remuneration and shall be processed subject to deliverables as per the schedule listed below:

  • First Installment 60% of the contract value upon successful completion and validation of deliverables 1,2,3 by UNDP in consultation with the MFLT.
  • Second Installment 40% of the contract value upon successful completion and validation of deliverables 4,5 by UNDP in consultation with the MFLT.

 

Required Presentation of Offer: 

The following documents are requested:

  • Personal CV and P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Offeror and at least three (3) professional references.
  • Brief description of why the individual considers him/herself as the most suitable for the assignment.
  • Technical proposal, a max. 2-page document briefly outlining the methodology envisaged for the assignment for delivering the expected results within the indicated timeframe.
  • Financial Proposal that indicates lump sum payment based on completion of deliverables.
  • Copy of Diplomas and copy of Passport.

 

Criteria for selection of the Best Offer

Offers will be evaluated utilizing a combined Scoring method – where the qualifications and technical proposal will be weighted a max. of 70% and combined with the price offer which will be weighted a max of 30%.

 

Competencies
Corporate Competencies:

  • Committed to professionalism, impartiality, accountability, and integrity.
  • Displays cultural, gender, religion, race, nationality, ethnicity, and age sensitivity and adaptability.
  • Demonstrates substantial experience in gender equality. Actively promotes gender equality in all activities.
  • Treats all people fairly without favoritism.

Functional Competencies:

  • Empathy and patience, people orientation.
  • Ability to work effectively within a team.
  • Punctuality and honoring of commitments.
  • Ability to synthesis research, various viewpoints, and draw conclusions on the related subjects.
  • Ability to pay attention to details.
  • Excellent interpersonal skills and ability to communicate effectively, both orally and in writing.
  • Ability to establish effective working relations in a multicultural team environment.
  • Good organizational skills.
  • Commitment to accomplish work.
  • Responds positively to critical feedback.
  • Results and task oriented

 

Required Skills and Experience
Education:

  • MA Law Degree or other related field

Experience:

  • At least 8 years of experience in drafting of legislation and/or public policies.
  • Previous long-standing experience in working with Social Services and public institutions, international development agencies, NGOs and substantive exposure to development of legal documents.

Language requirements:

  • Excellent analytical and report writing skills in clear and fluent Albanian. Knowledge of English and/or Serbian is considered an asset.

Application Instructions:

  • Click on the "Apply now" button.
  • Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation; You can type in, or paste your short Resume into the last box.
  • Upon completion of the first page, please hit "submit application" tab at the end of the page. On the next page, you will be asked to upload your Resume.
  • System will only allow one attachment. All docs (CV; P11; financial offer; list of similar profiles should be included as one attachment).
  • Please make sure to submit all the requested documents/information; otherwise, your application will be considered incomplete.

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