Terre des hommes (Tdh), Albania Delegation is seeking the services of an attorney/law firm in Albania to provide legal services
Start date 21.06.2021
Contract Service Agreement
Deadline for applications is 06.06.2021
Terre des hommes (Tdh) is the leading Swiss organisation for children’s aid. Since 1960, Tdh has helped build a better future for deprived children and their communities, making an impact with innovative and sustainable solutions. Active in around 40 countries, Tdh works with local and international partners to develop and implement field projects which improve the daily lives of over 4 million children and members of their communities, in the domains of health, protection and emergency relief. This engagement is financed by individual and institutional support, with administrative costs kept to a minimum.
Operating in Albania since 1993, Terre des hommes (Tdh) has established a network of protection for children. Its direct interventions are aimed at consolidating the national system of child protection and offering complete and long-lasting solutions.
Albania has seen considerable positive changes in child protection in the last years. However, too many children are still exposed to the risks of migration, trafficking and abuse or in contact and conflict with the law. Our aim is to ensure that they are effectively protected and their rights are respected. To achieve this, we work in close partnership with government institutions and communities. (For more information, please check https://www.tdh.ch/en)
Objective and deliverables of the services
The objective of the services requested is to ensure understanding and compliance with the Albanian legal framework related to regional and national INGO operations, and to build mutual trust between the organisation and various stakeholders, including the relevant governmental ministries, based on a robust and credible legal approach by providing the following services:
- Provide Tdh Albania with general legal advice, counsel, consultation, opinions, and recommendations on a wide variety of legal matters, including but not limited to: different contractual agreements (eg. employment, procurement of goods/services, rental, etc.), the organization written operational policies and procedures and updates on changes to the respective labour laws, NGO, Income Tax, Social Security and National Insurance laws in Albania.
- Provide Tdh with specific legal advice, verbal and written, on labour law and topics such as employment contracts, internal staff regulations, payroll components, salary scale review, insurances, and end of contracts
- Provide legal advice on any issues related to financial regulations relevant to the work of INGOs
- Provide support to Tdh for the registration process and its renewal and follow up legal claims or obligations until finalizing the process.
- Notify Tdh of significant changes in labour law, NGO, Income Tax and National Insurance laws in that may affect Tdh or its operations and provide Tdh proactive advice to reduce any significant anticipated or ongoing legal exposure.
- Furthermore, the legal advisor is expected to give timely updates with the necessary explanations to the organisation’s management team, on any new legislations for data protection/privacy, money laundering or any other regulation that may affect the organization’ legal status.
- Provide advice to ensure compliance with the country regulations to avoid any penalties.
- Provide guidance in preparing and updating drafts of the organization written operational and guidance staff manuals and to check if they are in conformity with the Albanian labour law.
- Review the organizations general agreements, MoU to obtain an understanding of the context of the legal aspects and provide the necessary guidance.
- Review contract templates as well as sample of existing or past contracts of staff and external service providers and make recommendations for enhancing these to better reflect the requirements of the HQ and of the country legislation. The sample of contracts and the recommendations should include those for which there were or are ongoing disputes.
- Advice with visas related issues, entry permissions, work permits and residency, for all employees being those expatriates and national staff as needed.
- Draft and/or review lease or sale agreements for properties, cars, etc., to be leased and/or purchased by Tdh related to its work.
- Provide Tdh with legal advice on all matters involving disputes which may arise from time to time.
- Attend all meetings, negotiations, and discussions where legal opinion is required, if and when requested by Tdh.
- Coordinate with other special counsels, as needed, to assure proper management of legal issues, and proper coordination and transition of legal issues.
- Perform other legal services and tasks, as assigned by Tdh Country Representative or Finance, Admin and HR coordinator.
- Perform legal duties such as court cases (i.e. attending court hearings, drafting and submitting written pleadings, negotiations, and amicable settlement of litigations), when needed, and upon an agreed fee.
The legal service provider must not act on behalf of the employer unless having preapproval/discussion.
Modalities and Timeline
The legal services are expected to be carried out within a period of 2021/2022, starting from 21.06.2021 until 20.06.2022.
Requirements for the attorney/law firm
The eligible expert/s/law firm should have the following qualifications and experience:
· The law firm must be licensed in Albania and readily able to represent Tdh.
· The attorney(ies) should have a university degree in Law studies and being certified and valid member(s) of Albanian Associations.
· The law firm / attorney should be specialized in one or more areas of commercial, labour, NGO, social security & taxes.
· At least five years of relevant experience in providing legal services for INGOs specifically.
· Excellent command of English language spoken and written; Albanian as mother tongue.
· The attorney(ies) will be required to provide written opinions in both Albanian and English languages on certain issues within a limited timeframe.
· Timeliness of response and accessibility to the attorney is an important aspect of the service. Accessibility includes the ability to be generally available to attend meetings in person on short notice and the ability to be reached promptly by telephone. Responses need to be in writing (expected within the 72 h after submission).
The application should contain the following information:
· Letter of Interest to include statement of relevant experience and similar assignments executed in the last 5 years with other clients (iNGOs)
· CV of the applicant and its partners/lawyers (in case of a law firm); Company profile
· Financial offer (quotation request – https://bit.ly/3bZ8Aer)
· Confirmation of availability to carry out the work during the period months contract
· Quotation request form signed and stamped
· Valid Albanian association ID
· Registration documents “Commercial Register” and “Profession licence”.
· References of current NGO clients
All documents shall be submitted electronically within 19.05.2021 until 06.06.2021 to the following email address: email@example.com
The consultant/consulting agency must sign the Terre des hommes Child Safeguarding Policy and Code of Conduct and be willing to adhere to its principles and expected practices. If a breach of the policy or code of conduct takes place the consultancy will be terminated immediately without any financial burden on Tdh.
Disclaimer on copyright, data protection
All documents, project designs, drawings, data and information shall be treated as confidential and shall not without the written approval of Tdh be made available to any third party. In addition, the consultant(s) formally undertakes not to disclose any parts of the confidential information and shall not, without the written approval of Tdh be made available to any third party. The utilization of the report is solely at the decision and discretion of Tdh. All the documents containing both raw data/materials provided by Tdh and final report, both soft and hard copies are to be returned to Tdh upon completion of the assignment. All documentation and reports written as, and as a result of the research or otherwise related to it, shall remain the property of Tdh. No part of the report shall be reproduced except with the prior, expressed, and specific written permission of Tdh.
The attorney(ies) will work directly with the Country Representative, HR & Finance Manager and the Senior Management Team of Tdh Albania.