Intersectional Legal Support or HRCo
Intersectional Legal Support or Intersectional Legal Department (ILD) referent, Unit XXX
Under the hierarchical supervision of the Intersectional Legal Support [or HRCO and under the technical supervision of the ILD referent Unit XXX], the Legal Officer provides legal support to MSF mission for identifying legal constraints and obligations applicable to MSF, and supports MSF mission to identify options adapted to MSF activities.
In cooperation with and under the technical supervision of the Intersectional Legal Support [or ILD referent], the Legal Officer is in charge of:
PROVIDING LEGAL OPINION
Providing reasoned legal opinions – based on a legal analysis of the applicable legal framework - and proposes options, adapted to MSF specificities, on all issues submitted to her/him particularly in the areas of social law, contract law, fiscal law and administrative law applicable to NGOs;
Liaising with appropriate external lawyers and capitalizes on lessons learned and consultations with external lawyers;
Upon request of the relevant coordinator, advising or accompanying the team to meet relevant administrative authorities for negotiation when necessary;
Disseminating relevant ILD tools to the MSF section coordination team and ensuring the liaison between field teams, other legal positions and the HQ ILD advisor of the MSF section. Any request related to legal areas not covered by the Legal Officer (in particular issues related to international humanitarian and forensic law) will have to be referred to Intersectional Legal Support or the relevant HQ ILD advisor.
REVISING DOCUMENTS, SIMPLE CONTRACTS AND CORRESPONDENCE
Under the supervision of the hierarchical superior, revising the mission’s HR documents (employment contracts, HR policies, dismissal notices, etc.), administrative documents (applications for registration, answers to inspections/audits, etc.), simple contracts (services, purchase, agreements, lease agreements, etc.), correspondence, etc.
Using and promoting the templates developed by the ILD.
ENSURING THE FOLLOW-UP OF LITIGATION FILES
Upon request of the supervisor, ensuring the follow-up of the litigation files, which implies in particular:
Knowing the files, drafting a « Matter file » for each of them;
Communicating the relevant information and documents of the file to the lawyers;
Checking that the lawyer performs his job correctly: observance of procedural deadlines, representation at hearings, and receipt of the minutes of the hearings in order to include them in the file;
Ensuring that the lawyer complies with the terms of the agreement, particularly in terms of fees and charges;
Reporting regularly to superiors on the progress of the cases and the quality of the lawyer's services;
Collecting and archiving file/procedural documents.
SUPPORTING MANAGEMENT OF INDIVIDUAL RISK (ILD Unit 3)
Upon request of the supervisor, providing legal opinion to HR teams on a specific issue, by proposing possible response options and accompany HR team to meet relevant administrative authorities when requested;
Monitoring developments in social law applicable to MSF and providing updates to the supervisor;
Providing accurate support for disciplinary cases, according to modalities to be defined with superiors;
Providing support in the context of redundancies, according to modalities to be defined with superiors;
SUPPORTING MANAGEMENT OF LEGAL & ADMINISTRATIVE FRAMEWORK RELATED RISKS (ILD Unit 4)
Upon request of the supervisor and/or HOM, providing support to follow-up registration file and framework and project MOU;
Providing legal support to ensure the facilitation of administrative procedures (work permits, taxes, import, registration, etc.);
Monitoring the evolution of laws and regulations applicable to MSF and provides regular updates to supervisors;
Upon request of the supervisor and/or relevant coordinator (Finance, Logistic), providing legal opinion on audits/controls (fiscal, custom, other) and provides lessons-learned on recurring issues;
BRIEFING / PROJECT VISITS
At the request of the hierarchical/technical superior, visiting the coordination and/or projects to provide legal support if necessary (e.g.: complex disciplinary proceedings, redundancies, audits, etc.).
Briefing (directly or by sending appropriate documentation) the relevant Coordination team members (Logistics, Finance, Human Resources) upon arrival on the legal framework of the mission, the ILD internal organisation and current important legal issues;
Reporting regularly on his/her activities to the supervisor, according to modalities to be defined by them (interviews, monitoring sheets, sitrep, etc.) and following up the roadmap defined by the supervisor.
MANAGEMENT (when applicable)
Recruiting and managing legal assistant(s) when applicable.