UNDP Jobs - 78942- UNDP Sponsorship (Risks and Mitigation) and Contra

UNDP Sponsorship (Risks and Mitigation) and Contracting modality under the UNDP Supported Projects in Saudi Arabia Contracts and Labor Law Advisor

Location :

Riyadh, SAUDI ARABIA

Type of Contract :

Individual Contract

Starting Date :

24-Jun-2018

Application Deadline :

02-Jun-18 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Languages Required :

Arabic English

Expected Duration of Assignment :

one month with possibility of extension

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

UNDP is the development arm of the United Nations. It is accredited to work within the Kingdom of Saudi Arabia as one of the UN agencies. The Country Office vision is “UNDP Saudi Arabia - innovating to improve lives and strengthen institutions”. In the coming five years, UNDP Country Office will distinguish itself as a partner of the first choice in supporting Saudi Arabia in innovating and achieving sustainable economic development, public service efficiency and environmental sustainability. UNDP will be recognized as a reliable source of quality and innovative policy advice and strategy options for implementation of the country’s Vision 2030 towards economic diversification and sustainable development through increased productivity and achievement of the SDGs. The National Transformation Plan 2020, Sustainable Development Goals 2030 and the UNDP approved Country Programme Document (2017-2021) is the cornerstone of UNDP ongoing interventions in the Kingdom.

The current UNDP country programme covers the period 2017-2021 and includes three pillars: sustainable economic and social development; public sector efficiency; and sustainable natural resources. The programme is a nationally executed under the coordination of the Ministry of Foreign Affairs as the coordinator for international cooperation. UNDP is supporting projects implemented by key national partners such as Ministry of Economy and Planning, Ministry of Municipal and Rural Affairs, Ministry of Environment, Water and Agriculture, Ministry of Transport, among many others. Saudi Arabia is classified as Net Contributing Country (NCC) which means that costs of the projects are fully covered by the national partner.

UNDP is exposed to a variety of external and internal influencing factors that create uncertainty regarding the realization of organizational goals. The effect of this uncertainty on the objectives is also referred to as “risk”. UNDP is required to manage these risks, through identification, put in place mitigation measures and then treatment. Currently, under the UNDP country programme, there are around 192 consultants (70 international, 122 national) working under contracts known as a ‘’Special Service Agreement’’, within the frameworks of the National Implementation Modality (NIM) projects. The contract is signed by the implementing partner and the contract holder. The NIM contract includes a clause that the subscriber is not considered a UN staff member. The UNDP Office is not involved in the selection processes. However, the Office provides support in obtaining the visas for the consultants and is named as the sponsor on the contractors’ residency permit (Iqama). The national law includes specific requirements regarding the obligations of the sponsor and sponsored party and in the event, the sponsored party does not abide by the regulations within the national law, the Office may incur legal, financial and reputational risks.

An internal audit raised an issue that UNDP Saudi Arabia Country Office is sponsoring NIM projects’ international staff members recruited and contracted directly by a national entity. and the sponsored staff are paid from the project funds, in partnership with UNDP, but fully funded by the same entity. There is a need to identify the risks on the Office that might arise from such an arrangement and clarify the office legal obligations and commitments.

Duties and Responsibilities

Scope of Work

Review the UNDP CO management and handling of recruitment of international staff members under the projects with the national partners;
Review of relevant sections of the UNDP Programme and Project Management manual;
Identifies and assesses legal, financial and reputational risks for the Office for being a sponsor of international staff members working with national entities. Focuses on legal issues that arise from the employer/employee relationship (sponsorship);
Provide a full assessment document with recommendations/mitigation measures;
Identify possible alternative options for sponsorship arrangement under the labor and civil service laws and advises accordingly;
Review the contracting template used by the projects and provide advice on alternate contracting format, which may include, but not limited to, sponsorship, labor relations, employee benefits in accordance with Saudi laws, employment agreements, and grievances and arbitrations;
Ensures compliance with all applicable laws (Saudi Labor law, Civil Service and UNDP regulations and policies).

Expected Outputs and Deliverables

A comprehensive report in English to determine the risks (legal, financial and reputational), when UNDP is acting as a sponsor of a project staff member, and to identify appropriate mitigating measures and recommendations;
Identify the risks to the contracted individual should the national entity decide to foreshorten the contract and refuse to pay dues;
Provide a draft contract template to be used by the projects according to Saudi Labor Law, with clauses limiting UNDP Office risks.

Institutional Arrangement

The Consultant shall report to the UNDP Deputy Resident Representative;
The Consultant will need to interact with the UNDP staff, national counterparts and projects’ managers.

Competencies

Core Values/ Guiding Principles:

Professionalism:

Demonstrate professional competence and expert knowledge of the pertinent substantive areas of work.

Cultural sensitivity and valuing diversity:

Demonstrate an international outlook, appreciating difference in values and learning from cultural diversity.

Ethics and Values:

Demonstrate and safeguard ethics and integrity.

Organizational Awareness:

Demonstrate corporate knowledge and sound judgment.

Work in teams:

Demonstrate ability to work in a multicultural, multi ethnic environment and to maintain effective working relations with people of different national and cultural backgrounds.

Development and Innovation:

Take charge of self-development and take initiative;

Self-management and Emotional Intelligence:

Stay composed and positive even in difficult moments, handle tense situations with diplomacy and tact, and have a consistent behavior towards others.

Conflict Management:

Surface conflicts and address them proactively acknowledging different feelings and views and directing energy towards a mutually acceptable solution.

Required Skills and Experience

Significant experience in Saudi labor law and Contract Management, with a minimum of ten (10) years of experience in legal representation and contracting.
Advanced Degree in Law with Bar certification. Specialization in labor law is an advantage.
Demonstrated experience in labor and employment law and contract drafting.
Thorough knowledge of contract formation and administration.
Fluency in Arabic and English.
Maintain confidentiality.