Legal Advice

ORGANISATION: Humanity & Inclusion (HI) (Legal Name Handicap International Federation)

TERM OF REFERENCE: Legal Advice – Human Resources

CONTRACT TYPE: service

1. BACKGROUND

1.1 ABOUT HUMANITY & INCLUSION

“Outraged by the injustice faced by people with disabilities and vulnerable populations, we aspire to a world of solidarity and inclusion, enriched by our differences, where everyone can live in dignity”

Humanity & Inclusion (HI) is an independent and impartial aid and development organisation with no religious or political affiliations operating in situations of poverty and exclusion, conflict, and disaster. We work alongside people with disabilities and vulnerable people to help meet their essential needs, improve their living conditions, and promote respect for their dignity and fundamental rights. Since the organisation was first founded in 1982, we have set up development programmes in more than 60 countries and responded to many emergencies. Today we have a budget of around 150 million euros, with 3500 employees worldwide. The HI network is an organisation made up of a Federation (with 2 operational HQs in Lyon and Brussels), 8 national associations (Germany, Belgium, Canada, United States, France, Luxembourg, United Kingdom and Switzerland) and the HI Institute on Humanitarian Action. All these entities work concertedly to implement HI’s international aid and development mandate. The Federation is responsible for implementing the network’s social missions in around sixty countries. It operates under the names “Humanity & Inclusion” or “Handicap International” depending on the country. Humanity & Inclusion is committed to protect the rights of the children and opposes to all forms of child exploitation and child abuse. HI contractors must commit to protect children against exploitation and abuse. We are Disability-Inclusive Employer and We encourage people with disabilities and from other diverse backgrounds to apply”.

For further information about the association: www.hi.org

1.2 CONTEXT IN WHICH THE CONSULTANCY TAKES PLACE

HI is streamlining its HR policy at global level, standardizing job descriptions (positions), and salary positioning of each standardized position into a common grid. As a result, there is a risk that this process may lead for some positions for changes in their roles and/or their salary positioning (no decrease in salary however), and/or other contractual changes.

2. OBJECTIVE AND EXPECTED OUTCOMES

2.1 OBJECTIVE OF THE CONSULTANCY

The objective of this request for legal services is to provide HI with knowledge on the legal framework for HI to factor in its management of the change

2.2 LEGAL QUESTIONS

1. For Thailand Lawyer only: Can a thai national employee employed in Thailand under thai contract be line managed by a Manager based in Myanmar?

2. For Myanmar Lawyer only: Can a myanmar national employee employed in Myanmar under Myanmar contract be line managed by a Manager based in Thailand?

3. Can HI legally amend job titles, categories, and levels in the contracts?

For example, a result of the review of positions, the organization may need to:

• change a title from Officer to Senior Officer, keeping pre-existing roles but increase in the salary level positioning to reflect global salary positioning for that position

• Change a title from Officer to Supervisor, keeping line pre-existing line management roles and without change in salary positioning

• Change a title from Deputy Manager to Senior Officer, keeping pre-existing line roles

• Change the title of a position to keep in line with global harmonization of titles (ex: from Rehabilitation Officer to Physiotherapist), without change in pre-existing roles

• Change widely the terminology within the JD, keeping the pre-existing roles (standardization of JDs)

• Remove line management roles (ex: Rehabilitation Officer previously line manager of a Project Assistant, would not have line management roles)

• Change the roles of a position (adding responsibilities and/or removing responsibilities), keeping in line with the overall role of the position

• What administrative procedure needs to be followed for contract amendments?

• Is it legally possible to freeze pay? If so, is there a maximum time period set by law? What document(s) need to be signed by the employee?

For context: freeze pay may be an option HI is exploring if a position holder has a salary positioning in the current salary grid above the salary positioning in the new salary grid. Freeze pay would mean: keeping the same salary amount for that position holder until the new salary grid annual updates catch-up (annual increase of salary grid), so that after some time the position holder salary becomes in line with the new salary grid.

1. If an employee refuses to sign an amendment or accept a pay freeze, what are the implications?

2. What are the legal requirements with regard to amending open-ended and fixed-term contracts? At what point can they be amended, from a legal perspective? Do contracts need to be terminated, and if so, what is the financial impact in the event of severance pay being payable?

3. Does labour law stipulate a set number of employees whose contracts can be amended at the same time?

4. Does a Ministry of Employment body need to be informed about the contract amendment procedure to be applied to certain contracts?

Dismissal on economic grounds

1. Does reorganization / restructuration leading to changing (modification of the scope of the job) or even removing some positions could be considered as a dismissal on economic grounds

2. If the economic ground cannot be considered, what are the alternative measures?

3. What is the detailed process (preliminary interview, registered letter, etc.)?

4. Is there a legal notice period? How long?

5. Must the notice period be worked? Could it be paid if not worked on the employer’s request?

6. When must staff representatives be involved?

7. When should the Labor Inspection be involved?

8. What is the level of involvement of employee representatives (information only)?

9. What are the compensations to be paid?

10. Is there an obligation of internal reclassification proposition (on the same category or similar) for all affected employees?

11. What happens if someone refuses the change of job or the reclassification proposition?

Collective economic lay-off

1. What is the minimum number of staff to consider a collective redundancy plan?

2. Are there selection criteria (seniority, family responsibility, performance, etc.)? If yes, what are they?

Individual economic lay-off

1. Can an economic lay-off affect a single individual?

2. Is there an obligation to consult / inform the staff representatives or Labour Inspection?

Other form of dismissal

1. In case the economic lay-off cannot be considered, what other method should / must we apply? What is the detailed legal procedure (preliminary interview, etc)

2. Are there selection criteria (seniority, family responsibility, performance, etc.)? If yes, what are they?

3. Is there an obligation of internal reclassification proposition (on the same category or similar) for all affected employees?

4. What happens if someone refuses the change of job or the reclassification proposition?

Creation of new jobs

1. Is it required to post job openings internally before externally?

2. How should the announcement for removing jobs and creating new ones (collective, individual, presence of staff representatives or not) be done?

3. Can an employee be promoted without going through the whole recruitment process (interviews, tests, etc.)

3. DELIVERABLES

HI would seek:

• draft response to questions from the legal advisor within 2 weeks of contract signing

• HI would provide request for clarifications (if any needed) within 1 week of receiving the draft response

• Legal advisor submits final answers 1 within 1 week of receiving the HI request for clarification

6. TERMS OF PAYMENTS

100% paid upon completion of legal services

HOW TO APPLY:

6. PROFILE OF THE LEGAL ADVISOR

Minimum profile

• At least 10 years’ experience labor law

• Fluency (spoken and written) in English

Preferred:

• Applicants with knowledge / expertise on law affecting International NGOs

• Applicants with experience providing legal advice or representation to International NGOs on labor / employment matters

7. APPLICATION & FORMALITIES

PROPOSALS FROM INTERESTED LEGAL ADVISORS SHOULD INCLUDE:

• Curriculum vitae of legal advisor (or team of legal advisors) proposed

• Presentation of the Legal advisor’s firm

• Barrister certification (authorization to practice the law in the country)

• Legal Registration (as per consultant’s country of registration/incorporation)

• A financial proposal, inclusive of all costs and applicable taxes (in local currency)

• A proposed schedule

• 3 client references

EVALUATION OF THE APPLICATIONS WILL BE MADE THROUGH A SELECTION COMMITTEE IN 2 PHASES:

• Administrative compliance:

o Completeness of application.

o Minimum profile criteria are met

• Bid Evaluation, as per weighted criteria below:

o Prior relevant experience Labor / employement legal advice or representation (30%)

o Prior relevance experience of legal advice to International NGO (30%)

o Relevance of means and schedule to ToR (10%)

o Financial offer (30%)

Only candidates who passed the administrative selection will be taken into consideration for the bid evaluation. Bidders may be invited for a (MS Teams/skype) interview. HI reserves the right to contact the applicants for further information before the final selection of the selection committee.**THE DEADLINE FOR SUBMISSION OF PROPOSAL** is 14 February by 8AM local time