Job Description

Country: Philippines Organization: International Organization for Migration Closing date: 4 Feb 2021 Position Title: Legal Consultant Duty Station: IOM Philippines Country Office (Manila) Classification: Consultant Type of Appointment: Consultancy, Six Months Estimated Start Date: As soon as possible Closing Date: 04 February 2021 Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. Context:

The consultant will report to the Project Officer in the IOM Philippines Country Office, and will receive functional guidance and supervision from the National Project Officer. The consultant will be required to work independently with minimal supervision; however, specific guidance from the project team in the IOM Country Office and from the technical team (particularly the Legal Division) in IOM's Manila Administrative Center must be followed.

Nature of Consultancy: The purpose of the consultancy is to support the legal drafting and technical assistance needs of the project. The premise is to enhance the effective implementation of the project and the achievement of IOM's key objectives by ensuring the formation and execution of agreements in line with applicable Law and UN ethical standards, and by producing high-quality legal documents in line with IOM's policy on contracts and data privacy principles. There are three main expected outcomes of this consultancy as described in the core Functions / responsibilities.

Background

According to the latest World Migration Report, the Philippines remains as one of the top countries of origin of migrant workers worldwide. While the benefits of labour migration for the Philippine economy and the families of overseas Filipino workers (OFWs) are well-recognized, OFWs continue to face multiple forms of forced labour and exploitation. More than half of these incidents can be linked to recruitment practices. Among the top incidents related to recruitment are differing contract terms and actual employment conditions, retention of identity documents causing restriction of movement, and using debts as a threat. The Covid-19 pandemic has further presented new challenges for the outlook of labour migration from the country, with many industries traditionally hiring OFWs being seriously affected by the economic downturn, thus in turn impacting recruitment practices and procedures. The Aligning Lenses Toward Ethical Recruitment (ALTER) project seeks to provide migrant workers with greater access to ethical recruitment channels, which in turn will place them at lower risk of various practices associated with trafficking in persons (TiP) and labour exploitation.

IOM Project to which the Consultancy is contributing: The Aligning Lenses Toward Ethical Recruitment (ALTER) project is a multi-stakeholder program that aims to reduce trafficking in persons and labor exploitation among Overseas Filipino Workers (OFWs) by mainstreaming ethical recruitment practices in the Philippines. It is implemented through a consortium which includes the International Organization for Migration (IOM), the Blas F. Ople Policy Center and Training Institute, Diginex Solutions, and the Sustainable Hospitality Alliance. The project is funded by the Global Fund to End Modern Slavery (GFEMS).

Core Functions / Responsibilities:

Assist the project team with the development of legal agreements with stakeholders/partners such as recruitment agencies and employers, etc, and preparation of related documents including;
  • The production of non-disclosure agreements, memoranda of understanding, or other similar contracts in line with project needs, which includes attendance at and provision of legal support during meetings with stakeholders regarding the negotiation of such contracts;
  • In Coordination with the National Project Officer and with the IOM Legal Division (and other relevant IOM personnel as may be needed), ensuring the timely and satisfactory approval and signing of these contracts;
  • The provision of professional advice and legal opinions to the project team and/or to other IOM units upon consultation, on matters related to technical project needs, execution of agreements entered into with stakeholders or partners, and other issues requiring legal guidance.
Tangible and Measurable Outputs of the Work Assignment

The Consultant is expected to accomplish the following within six months: Ensure that contracts needed for the project (number and terms of which are to be determined based on further discussions with project partners and stakeholders) are drafted, reviewed, finalized, and signed in line with agreed-upon deadlines.

Coordinate with the project team, external stakeholders (as needed), and the IOM Legal Division to ensure timely compliance with the deliverables of the consultancy.

Provide legal support and advice to the project team in relation to contract negotiations and/or meetings with selected stakeholders where legal agreements are expected to be discussed.

Ensure that any other legal documents necessary for the achievement of the project's objectives are drafted, revised, and finalized in accordance with deadlines set by the project team in consultation with partners and stakeholders.

Realistic Delivery Dates and Details as to how the work must be delivered

These services shall be provided by the consultant, working in an off-site capacity, for the duration of six (6) months, starting from February 2021. It is anticipated that the meetings referred to above will be done online/ through virtual channels.

The consultant will be on a retainer arrangement for the duration of the consultancy contract, and the release of the fee will be in six (6) monthly tranches.

Institutional Arrangement

The Consultant may be required to attend meetings with the project team on an ad hoc basis, to provide updates on deliverables and to ensure alignment with all other project components.

Performance indicators for evaluation results

  • Quality and timeliness of the expected deliverables.
  • Efficient coordination with all necessary stakeholders to ensure that the outcomes of negotiations and discussions are accurately reflected in the terms of draft contracts.
  • Relevant and timely provision of inputs and/or professional advice to the project team.
  • Strict adherence to ethical standards, including confidentiality and avoidance of conflicts of interest
Required Qualifications and Experience

  • Membership in the Philippine Bar (mandatory), with a minimum of 2-3 years' experience in legal practice.
  • A proven capacity to draft standard legal documents, including contracts.
A strong background in data privacy law and conflict-of-laws principles is required.

Previous experience in legal negotiations is desirable.

Previous experience in corporate practice, particularly in multinational enterprises, and/or in Labour Law or migration issues would be an advantage.

Experience/familiarity with policies and practices of intergovernmental organizations or international NGOs is preferred.

Languages

English and French are the working languages of the UN Secretariat. For this position, fluency in English is required. Knowledge of a second official UN language is desirable.

Note

The consultant must adhere to the International Organization for Migration (IOM) Data Protection Principles (IN/138) and maintain confidentiality.

The consultant will be responsible to follow IOM writing guidelines and latest glossaries in all given assignments for accurate translation.

IOM is an intergovernmental organization, and as such is exempted of all taxes in the Philippines. Therefore, it is not obligated to retain any taxes that should be owed to the Government of the Philippines as part of the execution of this contract. It is the sole responsibility of the contractor to comply with any fiscal obligations that might be applicable.

Copyright

The ownership of intellectual products developed during this project will be shared with the government entities partaking in its creation, as well as IOM's regional office. Government agencies and the cooperating agency must be warranted visibility and recognition, through the use of their logos in every document and any other material that might be a result of these intellectual production. Applications received later or that do not specify the name of the call will not be considered.

Required Competencies

Values

  • Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
  • Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
  • Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
Core Competencies – behavioural indicators level 1*
  • Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
  • Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action oriented and committed to achieving agreed outcomes.
  • Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
  • Accountability: takes ownership for achieving the Organization's priorities and assumes responsibility for own action and delegated work.
  • Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.
IOM's competency framework can be found at this link.

Competencies will be assessed during a competency-based interview.

Other:

The appointment is subject to funding confirmation.

Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, and security clearances.

No late applications will be accepted.

How to apply: In order for an application to be considered valid, IOM will only accept applications which should include a cover letter (not more than one page) and CV highlighting the required education and experience or a duly completed IOM Personal History Form. To access the form, please visit link.

Interested candidates are invited to submit their applications to [email protected] by 04 February 2021 with a subject line CON 002/2021 Legal Consultant.

Only shortlisted candidates will be contacted.

No Fees:

IOM does not charge a fee at any stage of its recruitment process (application, interview, processing, training or other fee). IOM does not request any information related to bank accounts during the application and selection processes.

Posting period:

From 21.01.2021 to 04.02.2021
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