Local legal expert to support MLSW

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UNDP Kosovo
Publikuar më
16/11/2020
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Prishtinë
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Përshkrimi

Local legal expert to support Ministry of Labour and Social Welfare (MLSW) Department of Social Policy and Families (DSPF) on developing secondary legislation

Location : Prishtina, Kosovo, UNSCR 1244 (1999)
Application Deadline : 19-Nov-20 (Midnight New York, USA)
Additional Category : Sustainable Development and Poverty Reduction
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Starting Date : 25-Nov-2020
Duration of Initial Contract : 25 November 2020 – 31 January 2021 (est. 25 w/ds)
Expected Duration of Assignment : 25 November 2020 – 31 January 2021 (est. 25 w/ds)

The high unemployment rate is arguably Kosovo's paramount socio-economic problem with both immediate and long-term consequences. This rate is about twice higher than in the other countries in the region. According to the latest Labour Force Survey results published for 2018, the highest employment rate is for males (45.3%), while female employment is only at 12.3%. The unemployment rate is 29.6%, while the most pronounced unemployment is among females at 33.4%, compared with males, at 28.5%. The most pronounced unemployment rate is in the age group 15-24 years old - 55.4%. Moreover, the inactive workforce is quite high at 59.1%, with a particular impact on females (81.6%), compared to males (36.7%).

UNDP works closely with public institutions to stimulate an enabling environment for an effectively and efficiently-operating labour market. Supporting the Ministry of Labour and Social Welfare (MLSW) 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 or launch own small businesses. This includes the flagship active labour market measures, with over 15,000 women and men having participated in these programmes since 2005. 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).

The MLSW 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 MLSW 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.

Due to the situation with COVID-19 pandemic outbreak in Kosovo based on the recommendation of Kosovo Health institutions it is suggested to take necessary measures and relevant changes in the application and re-application procedures for applicants  on  social assistance scheme in order to avoid physical contact and simplify some application procedures such as for instance  definition of calculable and unaccountable revenues.

In this context, the ALMP2 project is seeking a local legal expert to support DPSF/ MLSW in developing secondary legislation such as:

  • Administrative Instruction on amending and supplementing the Administrative Instruction (MLSW) 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 (MLSW) 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 (MLSW) No. 04/2013 for submission of claims procedures for social assistance scheme.

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/MLSW on amending and developing secondary legislation documents in line with MLSW 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 MLSW

 

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 Labour and Social Welfare 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:

  • Administrative Instruction on amending and supplementing the Administrative Instruction (MLSW) 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 (MLSW) 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 (MLSW) No. 04/2013 for submission of claims procedures for social assistance schem

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

3. Supporting MLSW 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 MLSW.

6. Prepare final report on produced documents including recommendations.

Deliverables/Outputs

  • Facilitate meetings of the working groups during revision of secondary legislation documents, address comments   from the Public Consultation process and submit relevant documents for approval (6 Working days)
  • Finalize Administrative Instruction on amending and supplementing the Administrative Instruction (MLSW) No. 03/2013 on procedures for registration, certification and, active job search for the jobseekers that apply for the social assistance scheme (6 Working days)
  • Finalize Administrative Instruction on amending and supplementing Administrative instruction (MLSW) No. 06/ 2013 to calculate material and non-material goods and calculated (6 Working days)
  • Finalize Administrative Instruction on amending and supplementing the Administrative Instruction (MLSW) No. 04/2013 for submission of claims procedures for social assistance scheme (5 Working days)
  • Prepare final document of secondary legislation and submit for approval to the MLSW, including final report on produced documents including recommendations (2 Working days)

Scope of price proposal and schedule of payments
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 MLSW.
  • Second Installment 40% of the contract value upon successful completion and validation of deliverables 4,5 by UNDP in consultation with the MLSW.

Required Presentation of Offer: 

The following documents are required to be submitted:

  • Updated P11/ CV, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the candidate and at least three professional references.
  • Letter of Confirmation of Interest and Availability
  • 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 professional daily fee including total amount for whole duration of the assignment (lump sum amount)
  • Copy of Diplomas and copy of Passport or National ID

Criteria for selection of the Best Offer
Offers will be evaluated utilizing a combined Scoring method – where the qualifications, technical proposal and interview 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 favouritism.

Functional Competencies:

  • Empathy and patience, people orientation;
  • Ability to work effectively within a team;
  • Punctuality and honouring of commitments;
  • Ability to synthesise 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 organisational 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.

Apply online.

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