MSF-OCBA is looking for a Legal Advisor (REOPENING/ BASED IN ANY MSF OCBA HUB)

GENERAL CONTEXT

Médecins Sans Frontières is an international independent medical-humanitarian organization, which offers assistance to populations in distress, to victims of natural or man-made disasters and to victims of armed conflict, without discrimination and irrespective of race, religion, creed or political affiliation.

MSF is a civil society initiative that brings together individuals committed to the assistance of other human beings in crisis. As such MSF is by choice an association.
Each individual working with MSF does it out of conviction and is ready to uphold the values and principles of MSF.

The MSF movement is built around five operational directorates supported by MSF’s 21 sections, 24 associations and other offices together worldwide. MSF OCBA is one of those directorates. The operations are implemented by field teams and the mission coordination teams; together with the organizational units based in Barcelona, Athens and decentralised in Nairobi, Dakar and Amman. The field operations are guided and supported by 5 Operational Cells, the Emergency Unit and other departments supporting operations.

JOB GENERAL OBJECTIVE AND BACKGROUND

MSF is increasingly subject to constraining national legislations in running its field operations. The main role of this position is to provide legal expertise and support, at HQ and field level, regarding the running MSF-OCBA operations as well as other MSF Sections. This will include inter alia the general legal framework of operations: registration, agreements with authorities and partners (MOU), tax law, HR management and labour law, medical responsibility…

This position is a team member within the MSF intersection legal department (“ILD”). The ILD has members working for OCP in Paris, OCB in Brussels, OCBA in Barcelona, OCG in Geneva. It pools legal information, expertise and experiences related to countries of operations and provide common legal support to their field operations.

The position open today is under the hierarchical supervision of the OCBA Legal Advisor Focal Point and the functional supervision of the Legal Director based in Paris.

MAIN RESPONSIBILITIES AND TASKS

GENERAL

The incumbent shall work on 3 levels: 1) provide legal assistance to OCBA missions and the missions of other sections when necessary; 2) provide legal support to OCBA HQ on general legal issues and, 3) in particular, manage OCBA’s trademarks and domain names legal issues. The incumbent will also, as part of the ILD participate in building knowledge and data base on national laws of MSF’s countries of mission.

The legal advisor position is based in Barcelona and involves travel to other section HQ as well as to the field.

Under the hierarchical supervision of OCBA General Direction and the functional supervision of the Legal Director of the ILD, the field legal advisor position is integrated to the ILD, with whom the incumbent shall be in contact on a daily or weekly basis; support between members of the team is received and given on a regular and on a willing and spontaneous basis, depending on needs.

SPECIFIC

He/she will be in charge of the following responsibilities:

1. Act as the ILD liaison and Legal Advisor in OCBA. As such, the OCBA legal advisor shall:**

· Identify and manage legal issues and questions arising within OCBA in connection with the running of operations and field missions as well as other legal issues, in accordance with tools and policies provided by the ILD.

· Carry out risk analysis to identify areas of risk, propose practical reactive options and mitigation measures.

· Liaise with the ILD in order to offer the best legal support to the operations in the various areas of expertise available within the ILD.

· Liaise with the ILD regarding the best way to offer professional support in the management of other the legal issues arising at HQ level.

· Act as generalist legal advisor for OCBA, and specifically provide legal advice in the following areas: HR / Labour Law, MoUs, Tax, HQ and field Contracts, Trademarks, Legal Liability.

· Regularly (on a monthly basis and upon request) complete the activity chart set up by the ILD

2. Participate in building the knowledge and data base of national laws of countries of mission, as well as of the relevant administrative documents of OCBA’s missions. The ILD has created a database with relevant domestic legislations. This covers in particular: registration of NGOs legal framework, labour law, tax law, medical law, criminal law. The incumbent will participate in:**

· Collecting relevant texts and laws from the various countries where MSF operates;

· Setting up a legal monitoring system to stay abreast of changes in laws;

· Sharing information and expertise related to legal issues related to the needs of the field missions of OCBA with the other members of the ILD;

· Answering questions regarding interpretation and compatibility of MSF legal documents with national law(s).

· Collecting and reviewing relevant administrative documents of the field missions (registration, MOU, commercial and employment contracts, HR policies, etc.) and filing on the ILD data base.

3. Legaly “secure” field management and contribute to develop appropriate tools:

· Participate in the selection of local lawyers and work in relation with them on identified subjects and litigation; supervise and evaluate the quality of their work in coordination with the mission;

· Review Project and National MoUs, in coordination with the ILD’s advisor on MoUs;

· Answer practical requests from the Operations and draft legal documents regarding MSF’s responsibility towards:

o National staff (eg. internal regulations, employment contracts, medical policy, working time, etc.)

o MOH employees working within MSF projects (eg. HR provisions in MoUs, payment processes of MoH staff, management oif conflict / litigation, etc. )

o International staff (eg. tax law, medical responsibility, employment contracts, IRP2, etc.)

o Patients (eg. medical incidents, medical confidentiality, etc.)

· Propose and improve methodological and legal tools to be used of the field and shared with the members of the ILD.

4. Help field missions manage and prevent litigations:

· Follow litigation cases directly with field teams and adapt level of support according to level of possible consequences and the legal competences on-site.

· Advise teams on the management of difficult files: medical incidents, HR restructuring / work reductions / closures / mergers, complex and sensitive end of contracts, taxes, etc.

· Prepare an annual report of litigations and legal proceedings faced by OCBA, analyze the evolution of litigations in the field, propose solutions to reduce risks, budget litigation risks in collaboration with the financial manager.

5. Training:

· Create and/or up-date trainings.

· Participate in training modules on the legal aspects of field project management (eg. train HR officers on labour law constraints, Coordinators on the general legal framework of missions, Memorandum of Understanding, tax, litigations)

6. HQ support:

· Coordinate the network of OCBA external legal advisors (e.g. Collaboration agreements, pro bono partnerships)

· Management of trademarks and domain name matters in coordination with the external legal advisors appointed by OCBA and with the person in the ILD dealing with the trademarks for the International Office.

SELECTION CRITERIA

Education and experience

Ø Mandatory:

· Minimum 5 years of professional experience in private law as lawyer in a law firm or as legal advisor in a private company or organization (labour law, tax law, tort, contract law…)

· Professional experience in the aid or development sectors

· French and English speaking, Spanish desirable

Ø Assets:

· MSF operational experience on the field or at HQ levels

Competences

· Commitment to MSF’s Principles

· Cross-cultural Awareness

· Rigor, clarity and ability to adapt to different legal systems,

· Ability and flexibility to translate an operational negotiation in legal language,

· Analytical Thinking

· Strategic Vision

· Results and Quality Orientation

· Service Orientation

· Initiative and Innovation

· Teamwork and Cooperation

· IT skills (Windows setting, Office package and electronic mail).

CONDITIONS

· Based at any MSF OCBA Hub (Barcelona, MSF-Spain office delegations, Buenos Aires, Amman, Dakar or Nairobi).travelling regularly to the field.

· Frequent travels to the field.

· 1 year duration

· Full time job.

· Annual Gross Salary: HQ-4A (divided in 12 monthly payments) + secondary benefits based on MSF OCBA Reward Policy

· Starting date: November 2020

MSF OCBA is a people-focused humanitarian organization that offers a diverse, collaborative, and inclusive work environment. We believe this approach enhances our work and we are committed to equity in employment. We embrace diverse backgrounds of people working together to exhibit their passion in action for the social mission of MSF.

Médecins Sans Frontieres, as a responsible employer, under article 38 of “Ley de Integración Social del Minusválido de 1982 (LISMI)” invite those persons with a recognized disability and with an interest in the humanitarian area to apply for the above-mentioned position.