Legal Advisor - Retainership Services (Individual / Firms)

Terms of Reference (ToR)

Legal Adviser Retainer Services

1.     INTRODUCTION

Muslim Aid, is a registered Islamic faith-based, international non-profit organization which was established in the UK in 1985 (registered no. 1176462) and is working globally in 11 countries. The organization works to serve humanity and relieve poverty, through its education, livelihoods and health development projects, whilst also aiming to respond to emergencies within 72 hours regardless of race, religion or gender. Muslim Aid Pakistan’s country office was established in 2005.

2.    BACKGROUND.

In order to ensure strict adherence to local laws, Muslim Aid Pakistan (MAP) recognizes the necessity of obtaining guidance and legal opinions from expert legal entities or individuals. Prior to finalizing any documents and operational processes, MAP is committed to seeking legal advice, recommendations, and support from seasoned legal professionals. This strategic approach is integral to the organization's dedication to legal compliance, risk mitigation, and the cultivation of a robust framework that aligns with the regulatory landscape. By engaging with experienced legal experts, MAP aims to fortify its operational foundations and foster a secure and compliant environment.

3.    OBJECTIVE OF THE ASSIGNMENT

  The specific objectives of this assignment are as follows:

Ø   To ensure that all new and revised policy documents including handbooks, manuals and guidelines adhere to appropriate local and international laws and regulations.

Ø   To make sure that all activities and processes within MAP follow appropriate legal and regulatory requirements

Ø   To standardize existing forms, formats and templates being used by MAP, for example: consultancy contract template, lease agreement, and staff contracts.

4.    SCOPE OF THE ASSIGNMENT

The consultant will work closely with MAP Head of Operations and Human Resource Manager (HRM) or any person nominated by HOOs. Their role will be that of a retainer and provide services as and when required by MAP. For the period of the contract, the consultant will be responsible to provide services as outlined in Point # 5 below. However, if any specific task requires a considerably greater investment on the consultant’s part in terms of time and effort, appropriate arrangements shall be made on mutual agreement to determine the work methodology and fees.

5.     RESPONSIBILITIES OF PARTIES

1. Responsibilities of Consultant

•   Provide legal advice in formulation of relevant organizational policy documents to ensure compliance with applicable national laws
•   Support in standardization of MAP processes, forms and formats from legal perspective
•   Work closely with HR manager in formulation of staff benefits that are compliant with Pakistan labor laws
•   Legal endorsement of contracts, agreements and letters issued by MAP to its staff, partners, external service providers and other stakeholders
•   Translation and endorsement of documents, policies contracts etc.
•   Draw up the formalities for the amicable settlement of disputes which may arise during contracts implementation; analyzing complex situations and disputes in contracts including dispute resolution
•   Collaborate with other legal advisors and legal representatives in case of judicial disputes and trials
•   Regularly advise MAP on all changes, amendments and updates in relevant local and international regulations
•   Provide legal advice/support in other areas as requested by HR manager or Head operations.
•   Provide advice on contractual arrangements with MAP local implementing partners/vendors

2. Responsibilities of MAP

•   Provide relevant information about the existing Country Programme and Global Policies, manuals, and practices at Muslim Aid.
•   Provide timely inputs and comments on draft reports.

6.    REPORTING LINE

          The consultant will report to Head of Operations (HoP) - MAP.

7.    TIME FRAME

The consultant will work for a period of one year from the date of signing the contract. The expected start date is 1st January 2024. There are no fixed work days and hours for the consultant, however, deadlines and deliverables for each specific task shall be mutually agreed upon.

8.     REQUIRED QUALIFICATIONS

This legal retainer service providing organization must meet the following specifications:

•   Key persons should possess an advanced degree in law (at least LLB).
•   Extensive knowledge of local and international laws, acts, regulations and procedures, especially labour related.
•   At least 5 years of professional experience in the legal field mainly in the development of legal documents, preferably working in/with INGOs.
•   Strong communication and interpersonal skills.
•   Flexible, creative, detail-oriented and well organized.
•   Ability to maintain highest standards of confidentiality and professionalism.
•   Sound judgment. Able to influence senior managers and be seen as a credible source of advice.

9.      GENERAL TERMS AND CONDITIONS

During the entire period of the assignment, the Consultant organization and its Personnel shall

make themselves available for providing the Service to MAP.

•   In providing the Services to MAP, the Consultant organization and its Personnel shall ensure to the best of its/their reasonable endeavors the highest professional standards and exercise all due care, skill, and competence so as to ensure that the Services provided shall be to the full satisfaction of MAP and requirement of the Project. The Consultant shall render the Services in a proper and timely manner.
•   The Consultant shall always comply with the relevant internal laws and policies of Muslimaid in providing the Service to the MAP.
•   All reports and documents prepared during the assignment will be treated as MAP property.
•   The reports / documents or any part, therefore, cannot be sold, used and reproduced in any manner without prior written approval of MAP.

Additional terms and conditions shall be mentioned in the consultancy agreement.

10.  PROPOSAL SUBMISSION GUIDELINE

The proposal should demonstrate sound knowledge, technical skills and capability as required by the nature of the work of the assignment and understanding of the requisite tasks set forth in the scope of work.

Eligible Consultant organizations should submit technical and financial proposals. The financial

proposal should quote consultancy fee and administration costs. Proposals should also include     inter alia:

•   Statement of relevant experience i.e. similar assignments executed in/under execution in the last five years;
•   Measurable goals, objectives and methodology
•   Propose monthly flat fee for retainer services. (The consultant shall be paid a minimum monthly or quarterly flat fee for providing regular legal advice and services). For any services that require substantial time and effort on the consultant’s part, a separate fee agreement shall be made on mutual consensus.

Supporting documents to be submitted

•   Copy of company registration certificate, registration card in case individuals.
•   Profile of company and CV for individual.
•   At least two references from previous/Active clients/employers, preferably INGOs.
•   Other supporting documents will be required upon selection of the Consultant.

Interested Individual/Firms need to submit EOI till 10-December-2023. The proposal shall be submitted in a sealed envelope with the subject line mentioning “PROPOSAL FOR LEGAL ADVISOR RETAINER” to the following address.

Muslim Aid Pakistan reserves the right to accept & reject any proposal without giving any verbal and/or written rationale, and only shortlisted applicants will be contacted.

Muslim Aid Pakistan will not entertain telephone queries regarding the proposal