SCOPE OF WORK
Position: Legal Consultant (further Consultant)
Location: Chisinau, Moldova
Period of Performance: June 2023 – September 2023
Total Level of Effort: up to 30 days
Work Plan Activity: Sub-Task: 126.96.36.199 Improve the sectoral legislation related to inspections and sanctions.
The USAID Moldova Institutional and Structural Reform Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis, improve the institutional, business, and trade enabling environment in Moldova by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors. MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.
Since 2016, the Government of Moldova has, with the support of international donors, initiated significant reforms to institutional and regulatory state inspections. A comprehensive approach was proposed to eliminate situations of abuse, reduce the burden on businesses, and streamline state inspections on entrepreneurial activities. The new approach requires the implementation of a set of measures and mechanisms designed to maximize the transparency of state inspections, streamline the work of inspectors, and discipline inspectors and discourage abusive practices in particular by standardizing procedures, standardizing and minimizing documentation, implementing a single electronic system for document registration and management, focusing on planned inspections while minimizing opportunities for unannounced inspections, and reducing restrictive measures and sanctions.
Seven years after earlier reforms, it appears that many initiatives have not been implemented in full, that several solutions are applied deficiently or partially, while others are not applied at all.
In this respect, at the request of the Secretariat of the Economic Council to the Prime Minister (SECPM) MISRA with the support of 4 STTA’s works on the following tasks: (i) conduct a compliance assessment of inspection bodies and the central authority responsible for coordinating inspection bodies’ activities, (ii) develop a mechanism to monitor regulatory compliance for inspections and sanctions to increase transparency, accountability, and efficiency, (iii) improve the framework legislation related to inspections and sanctions and (iv) improve the sectoral legislation related to inspections and sanctions.
Recently, the Ministry of Labor and Social Protection (MLSP) engaged in a large effort to strengthen the State Labor Inspectorate (SLI) to combat undeclared and under-declared work. It is important to ensure that this inspection work is done in a transparent and efficient way. Developing and improving inspection tools, such as inspection checklists, can contribute to this goal. Inspection checklists bring uniformity and transparency in the inspection process. The checklists help inspectors to be more organized and complete repetitive tasks more quickly and efficiently. Additionally, inspection checklists allow authorities to focus the inspection process on the most significant risks.
MLSP is receiving support from EU Delegation on providing legal support to set up robust internal procedures, build the inspectors' capacity to apply them and advance the State Labor Inspection reform at the institutional and legal levels. This support includes rewriting checklists in cooperation with the SLI and social partners. However, according to MLSP the work on checklists can be split, so that MISRA can also support MLSP on develop/improve inspection checklists.
MISRA intends to support MLSP to develop/improve inspection checklists for some aspects related to labor relations, which shall be identified in cooperation with MLSP and EU Delegation. MISRA plans to hire a local legal consultant to perform this work.
Responsibilities and Tasks
The Consultant will be responsible for carrying-out the following tasks:
- In cooperation with MISRA, MLSP and EU Delegation identify the set of inspection checklists related to labor relations, for developing/improving of which the support shall be provided.
- Review the existing legal provisions, procedures and the best practices related to the identified set of inspection checklists for labor relations.
- Related to the identified set of inspection checklists for labor relations, develop the following package of documents:
- Developed/improved inspection checklists.
- Draft necessary normative/legal amendments related to developed/improved inspection checklists.
- Amendments shall be preceded and accompanied by all necessary documents, including explanatory note, Regulatory Impact Analysis, and table of consultations (supporting documents).
- Participate and present performed work to the working group on developing/improving the inspection checklists, which is expected to be created by MLSP.
- Support MLSP with the collection of feedback from the private sector, as required, on their proposals on improving the proposed inspection checklists for labor relations.
- Participation in consultations and promotion of amendments.
- Adjust the inspection checklists, amendments and supporting documents after consultations process, if appropriate.
1. First draft of the package of documents by July 31, 2023.
2. Final draft of the package of documents by September 30, 2023.
Master’s degree in Law or Public Policy.
- At least 7 years of experience in drafting legal/normative acts and supporting documents preferred.
- Demonstrated knowledge and experience related to labor law preferred.
- Experience in working with public authorities preferred.
- Fluency in written and spoken Romanian language.
Supervisory Responsibilities and Reporting
The Consultant will report to the Deputy Chief of Party/Lead of Component 2 and the Senior Structural Reform Expert.
How to Apply
We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by June 19th 2023, with “Legal Consultant to support the Ministry of Labor and Social Protection (MLSP) in developing/improving inspection checklists” in the subject line. This short-term position will remain open until filled.
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