Reservation of Conscript Employees Consultant

Terms of Reference

Reservation of Conscript Employees Consultant

Save the Children

Position: Framework Agreement Save The Children – Ukraine Country Office

Duration: 6 months

Expected starting date: ASAP

Location: Kyiv

Remuneration: Competitive bid

Background on Save the Children

Save the Children is the leading global independent organisation for children. Save the Children believes every child deserves a future. Around the world, we work every day to give children a healthy start in life, the opportunity to learn and protection from harm. When crisis strikes, and children are most vulnerable, we are always among the first to respond and the last to leave. We ensure children’s unique needs are met and their voices are heard. We deliver lasting results for millions of children, including those hardest to reach.

We do whatever it takes for children – every day and in times of crisis – transforming their lives and the future we share.

Our vision: A world in which every child attains the right to survival, protection, development and participation.

Our mission: To inspire breakthroughs in the way the world treats children, and to achieve immediate and lasting change in their lives.

Our values: Accountability, ambition, collaboration, creativity and integrity.

We are committed to ensuring our resources are used as efficiently as possible, in order to focus them on achieving maximum impact for children.

Background information/context

Save the Children is supporting children and families in Ukraine since 2014 and as of 2024 unites a great team of international and national specialists. The current legislation of Ukraine provides for reservation of national conscript employees of humanitarian organisations according to the existing procedure, as well as establishes central agencies responsible for providing reservation.

The Resolution “Relating Issues of Implementation of the Provisions of the Law of Ukraine “On Mobilization Training and Mobilization” Regarding Reservation of Conscripts for the Period of Mobilization and Wartime” dated January 27, 2023 approved the Procedure for booking conscripts according to the list of conscripts during martial law, and the Procedure and criteria for determining enterprises, institutions and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population in a special period.

The second document refers to the fourth category specialized UN agencies, foreign diplomatic agencies in Ukraine, representative offices of donor agencies, executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations that implement humanitarian projects at the expense of international partners, which are critically important for functioning of the economy and ensuring the livelihood of the population during a special period.

The reservation of conscript employees should be done based on the information that the NGO is included in the “List of specialized UN agencies, foreign diplomatic agencies in Ukraine, representative offices of donor agencies, executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations, which implement humanitarian projects funded by international partners, which are critically important for the functioning of the economy and ensuring livelihoods population in a special period” (hereinafter – List of NGOs)

As a humanitarian organisation Save the Children considers it important to ensure our humanitarian work is effective, to comply with the Ukrainian legislation, as well as to support staff of the organisation with the information and legal assistance on the topic.

Objective

• To lead on behalf of the organization the formal communication with the authorized central bodies to ensure an exemption for Save the Children International from conscription in Ukraine by demonstrating its status as a critical humanitarian need organization.
• To advise and assist the HR department of the organization in the preparation of all the required documents needed to be submitted for reservation the conscript employees.

Location

Kyiv. The Consultant and/or a legal firm is expected to work in direct communication with Save the Children in person. Communication via email, audio or video conferencing is possible to the extent that makes the work of organization and of Consultant effective.

Services the Supplier will provide

• Review current Ukrainian conscription laws, legal precedents and identify potential exemptions for NGOs;
• Develop a strategy for engaging stakeholders aiming for completion within 2 months or less.
• Provide legal assistance to the Organization needed to submit Save the Children to the List of NGOs;
• Track the status of Save the Children in the List of NGOs (including formal and informal communication with the authorized central bodies), including preparation and submission of all the documentation and updates needed to ensure Save the Children is in the List of NGOs, in a timely manner;
• Inform regularly and be in constant communication with Save the Children on this status and new documents or additional information required to update the status;
• Analyze and inform Save the Children about all relative amendments in the legislation;
• Assist HR department in preparing all the needed documents of employees to ensure prompt submissions for conscript reservations;
• Track status of reservation submissions with the authorized state bodies and regularly inform Save the Children about the status and additional documents required, in a timely manner;
• Consult HR department on the deadlines and requirements for new submissions in a timely manner.
• Provide legal consultations to Save the Children upon request and on the legislative updates, which are important;

Experience and skill set required

Interested candidates/suppliers should have at least the following qualifications:

• Only applicants with verified experience in successfully registering private companies and NGOs on the list recognized by the Ministry of Foreign Affairs will be considered.
• Minimum 2 years of work experience relevant to the function, including in current legislative framework, with proven track records of success;
• Minimum 10 years’ establishment as legal practice in Ukraine;
• Higher legal education;
• Excellent writing and verbal skills in a clear, concise, and engaging style;
• Fluency in Ukrainian, fluency in English is a strong asset;
• Ability to repond to SCI Ukraine queries within 48 hours.
• Commitment to Save the Children’s safeguarding policies and core values.(attached)

Expected Deliverables

SCI expects the following deliverables to be provided (to the possible extent according to the current situation and continuation of the martial law):

1. A comprehensive legal strategy document outlining pathways for exemption and its monthly progress reports (one-two page plan, with actions, results, and timeline, to apply for exemption registration).
2. Save the Children subdivision in Ukraine is included and stays as much as it is needed in the “List of specialized UN agencies, foreign diplomatic agencies in Ukraine, representative offices of donor agencies, executors of international technical assistance projects, representative offices of international organizations, international and Ukrainian non-governmental organizations, which implement humanitarian projects funded by international partners, which are critically important for the functioning of the economy and ensuring livelihoods population in a special period”.
3. Reservation of the conscript employees is submitted and re-submitted according to the national law, timelines, new staff coming, other relevant conditions.

Other important information

The personal data of the staff as well as the internal working documents of Save the Children must not be opened or shared to anyone, except to the authorized state bodies in order to fulfil the objectives of the assignment, upon the written approval from Save the Children.

Focal contacts from Save the Children for all the services are ACCM Director, Head of HR or other staff appointed by them in written form.

Application

To express the interest in work with Save the Children, the consultant/firm should submit their proposal, including:

• Narrative: Proposal letter (max. 3 pages) clearly stating the area(s) of expertise and highlighting relevant experience and capacity to undertake services listed in the ToR. The proposal should include a brief introduction and demonstrate an understanding of the scope of work required to successfully the requested services and legal assistance, while describing the tentative approach and methods. The proposal should include the name, address, telephone number, primary contact, and email address. You are welcome to include any other information deemed relevant.
• Budget: A detailed financial plan outlining all expected costs associated with the consultancy. (provide form).
• Up-to-date professional profile of the consultant (CV).

this advert is on rolling base and SCI might choose the service provider before the deadline stated in this advert.

How to apply

How to apply:

1. Proceed under the link https://zakupivli.pro/commercial/tenders/R-UA-2024-06-06-1000056-k. This is Ukrainian tender platform. English interface is available.
2. Download RFQ file and ToR file
3. Read the ToR document to get acquainted with the requirements, scope and volume of work
4. Find RFQ file and fill it in with data required. add documents requested in the ToR. Filled in RFQ + documents requested in ToR document = Your proposal.
5. Send Your proposal to the email: [email protected] before the deadline indicated.

We look forward to receive your proposals.

this advert is on rolling base and SCI might choose the service provider before the deadline stated in this advert.