Part-Time Legal Consultant

If you are a passionate and committed professional and want to make a lasting difference for children, the world's leading children's rights organization would like to hear from you. UNICEF, the world’s leading organization working for the rights of children, seeks a part-time Legal Consultant to assist in the work of the Office of the UNICEF Legal Adviser.

Position:                                 Part-time Legal Consultant

Organisation Unit:                Office of UNICEF Legal Adviser (within the Office of the Executive Director, New York Headquarters)

Duration of Engagement:     7 months (at part time) with a possibility of extending for another 3.5 months)

1.         Background

The Office of the UNICEF Legal Adviser, located within the Office of the Executive Director in New York Headquarters, is responsible for providing legal advice and support to the entire organisation world-wide.    

To enhance the Office’s ability to deliver more effectively and efficiently, the Office wishes to engage the services of a senior-level Legal Consultant on a part-time basis.

2.         Duties and Responsibilities

Under the supervision of the UNICEF Legal Adviser, the Legal Consultant will be engaged to provide the following deliverables:

• Advise on, and assist the UNICEF Legal Adviser in representing UNICEF in, the negotiation of contracts and negotiation of other legal instruments, agreements and arrangements (including but not limited to agreements with regard to implementation of programme activities, and funding agreements with donors and other international organisations).

   

• Advise on, and assist the UNICEF Legal Adviser in representing UNICEF in, the resolution of disputes, particularly those disputes involving possible liability for the organisation.

• Advise on, and assist the UNICEF Legal Adviser in negotiating, the legal dimension of the establishment, structure and implementation of UNICEF collaborations with external partners including but not limited to other organisations in the United Nations System (including international financial institutions), civil society, and the private sector.

• Other assignments as determined by the UNICEF Legal Adviser.

   

  3.         Minimum Qualifications

   

• Post-graduate university degree (Master’s degree or equivalent) in Law, emphasis on International or Comparative Law being an advantage.
• A minimum of eight years of progressively responsible professional legal experience in the practice of law, either in the legal office of an international organization, or in a law firm or the legal office of a governmental body, with substantial experience in international commercial matters and/or law of international organizations, institutional and project agreements. 
• Excellent drafting & communication skills.
• Strong analytical and negotiating skills.
• Demonstrated ability to work in a multicultural environment, and establish harmonious and effective working relationship both within and outside the organization.
• Ability to work independently.
• Understanding of UNICEF corporate engagement dimensions an asset.

• Fluency in written and spoken English particularly with regard to the practice of law; fluency in another UN working language an advantage.

   

  4.         Travel

   

  The Legal Consultant will not be required to work at UNICEF NYHQ and will be permitted to work off site.  The Legal Consultant will be required to attend periodic meeting in NYHQ as requested by the UNICEF Legal Adviser.  In addition, the Legal Consultant might be required to travel as part of this engagement, including to Geneva and Copenhagen, or exceptionally other locations.  The cost of the transportation and other costs such as accommodation etc. will be paid in accordance with the terms and conditions of UNICEF Consultancy Contract and upon the submission of invoices and proof of payment.  Travel time will be included in the monthly time commitments set out in paragraph 5 below.

   

  5.         Availability and Working Hours

   

  The Legal Consultant will be expected available to UNICEF on a “stand by” or “as needed” basis for up to fifteen (15) days per month and will be paid on the basis of time worked.  The Legal Consultant will keep detailed time sheets indicating the matters worked on and the time taken.  The Legal Consultant will be available for weekly status telephone calls with the office of the UNICEF Legal Adviser.

   

  6.         Fees and Payment Terms

   

• UNICEF will pay a fee at an hourly rate commensurate with the selected candidate’s qualifications and experience, as determined by the UNICEF Legal Adviser.  Candidates are invited to propose an hourly rate as part of their application.  In addition to the fees, the Legal Consultant will be reimbursed for reasonable out of pocket expenses necessary for the provision of services under this assignment, upon the submission of invoices and proof of payment. 

• The invoices of the Legal Consultant will be accompanied by a detailed description of the work performed in the relevant month and addressed to UNICEF for the attention of the UNICEF Legal Adviser.

• Payment terms are net 30 days from invoices.

   

1. Tax Obligation

    

   The Legal Consultant will be solely responsible for all taxation or other assessments on any income derived from UNICEF.  UNICEF will not make any withholding from payments for the purposes of income tax. UNICEF is exempt from any liabilities regarding taxation and will not reimburse any such taxation to the Consultant.

    

   8.         Focal Point

    

   The focal point for this consultancy will be the UNICEF Legal Adviser (within the Office of the Executive Director, New York Headquarters). 

    

    

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General Conditions of Contracts for the Services of Consultants/Individual Contractors

1. Legal Status

    

               The individual engaged by UNICEF under this contract as a consultant or individual contractors (the “Contractor”) is engaged in a personal capacity and not as representatives of a Government or of any other entity external to the United Nations.  The Contractor is neither a "staff member" under the Staff Regulations of the United Nations and UNICEF policies and procedures nor an "official" for the purpose of the Convention on the Privileges and Immunities of the United Nations, 1946.  The Contractor may, however, be afforded the status of "Experts on Mission" in the sense of Section 22 of Article VI of the Convention and the Contractor is required by UNICEF to travel in order to fulfill the requirements of this contract, the Contractor may be issued a United Nations Certificate in accordance with Section 26 of Article VII of the Convention.

    

   2.         Obligations

    

               The Contractor shall complete the assignment set out in the Terms of Reference for this contract with due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices.

    

               The Contractor must respect the impartiality and independence of UNICEF and the United Nations and in connection with this contract must neither seek nor accept instructions from anyone other than UNICEF.  During the term of this contract the Contractor must refrain from any conduct that would adversely reflect on UNICEF or the United Nations and must not engage in any activity that is incompatible with the administrative instructions and policies and procedures of UNICEF.  The Contractor must exercise the utmost discretion in all matters relating to this contract. 

              

               In particular, but without limiting the foregoing, the Contractor  (a) will conduct him- or herself in a manner consistent with the Standards of Conduct in the International Civil Service; and (b)  will comply with the administrative instructions and policies and procedures of UNICE relating to fraud and corruption; information disclosure; use of electronic communication assets; harassment, sexual harassment and abuse of authority; and the requirements set forth in the Secretary General's Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse. 

    

               Unless otherwise authorized by the appropriate official in the office concerned, the Contractor must not communicate at any time to the media or to any institution, person, Government or other entity external to UNICEF any information that has not been made public and which has become known to the Contractor by reason of his or her association with UNICEF or the United Nations.  The Contractor may not use such information without the written authorization of UNICEF, and shall under no circumstances use such information for his or her private advantage or that of others. These obligations do not lapse upon termination of this contact.

    

   3.         Title rights

    

   UNICEF shall be entitled to all property rights, including but not limited to patents, copyrights and trademarks, with regard to material created by the Contractor which bears a direct relation to, or is made in order to perform, this contract.  At the request of UNICEF, the Contractor shall assist in securing such property rights and transferring them to UNICEF in compliance with the requirements of the law governing such rights.

    

   4.         Travel

    

   If UNICEF determines that the Contractor needs to travel in order to perform this contract, that travel shall be specified in the contract and the Contractor’s travel costs shall be set out in the contract, on the following basis:

    

   (a)        UNICEF will pay for travel in economy class via the most direct and economical route; provided however that in exceptional circumstances, such as for medical reasons, travel in business class may be approved by UNICEF on a case-by-case basis. 

    

   (b)        UNICEF will reimburse the Contractor for out-of-pocket expenses associated with such travel by paying an amount equivalent to the daily subsistence allowance that would be paid to staff members undertaking similar travel for official purposes.

    

   5.         Statement of good health

    

   Before commencing work, the Contractor must deliver to UNICEF a certified self-statement of good health and to take full responsibility for the accuracy of that statement.  In addition, the Contractor must include in this statement of good health (a) confirmation that he or she has been informed regarding inoculations required for him or her to receive, at his or her own cost and from his or her own medical practitioner or other party, for travel to the country or countries to which travel is authorized; and (b) a statement he or she is covered by medical/health insurance and that, if required to travel beyond commuting distance from his or her usual place or residence to UNICEF (other than to duty station(s) with hardship ratings “H” and “A”, a list of which has been provided to the Contractor) the Contractor’s medical/health insurance covers medical evacuations. The Contractor will be responsible for assuming all costs that may be occurred in relation to the statement of good health. 

    

   6.         Insurance

    

   The Contractor is fully responsible for arranging, at his or her own expense, such life, health and other forms of insurance covering the term of this contract as he or she considers appropriate, taking into account, among other things, the requirements of paragraph 5 above.  The Contractor is not eligible to participate in the life or health insurance schemes available to UNICEF and United Nations staff members.  The responsibility of UNICEF and the United Nations is limited solely to the payment of compensation under the conditions described in paragraph 7 below.

    

   7.         Service incurred death, injury or illness

    

   If the Contractor is travelling with UNICEF’s prior approval and at UNICEF's expense in order to perform his or her obligations under this contract, or is performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval, the Contractor (or his or her dependents as appropriate), shall be entitled to compensation from UNICEF in the event of death, injury or illness attributable to the fact that the Contractor was travelling  with UNICEF’s prior approval and at UNICEF's expense in order to perform his or her obligations under this contractor, or was performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval.  Such compensation will be paid through a third party insurance provider retained by UNICEF and shall be capped at the amounts set out in the Administrative Instruction on Individual Consultants and Contractors. Under no circumstances will UNICEF be liable for any other or greater payments to the Contractor (or his or her dependents as appropriate).

    

   8.         Arbitration

    

   (a)        Any dispute arising out of or, in connection with, this contract shall be resolved through amicable negotiation between the parties. 

    

   (b)        If the parties are not able to reach agreement after attempting amicable negotiation for a period of thirty (30) days after one party has notified the other of such a dispute, either party may submit the matter to arbitration in accordance with the UNCITRAL procedures within fifteen (15) days thereafter.  If neither party submits the matter for arbitration within the specified time the dispute will be deemed resolved to the full satisfaction of both parties.  Such arbitration shall take place in New York before a single arbitrator agreed to by both parties; provided however that should the parties be unable to agree on a single arbitrator within thirty days of the request for arbitration, the arbitrator shall be designated by the United Nations Legal Counsel.  The decision rendered in the arbitration shall constitute final adjudication of the dispute. 

    

1. Penalties for Underperformance

    

   Payment of fees to the Contractor under this contractor, including each instalment or periodic payment (if any), is subject to the Contractor’s full and complete performance of his or her obligations under this contract with regard to such payment to UNICEF’s satisfaction, and UNICEF’s certification to that effect. 

    

2. Termination of Contract

    

   This contract may be terminated by either party before its specified termination date by giving notice in writing to the other party.  The period of notice shall be five (5) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a total period of less than two (2) months and ten (10) business days (in the UNICEF office engaging the Contractor)  in the case of contracts for a longer period; provided however that in the event of termination on the grounds of impropriety or other misconduct by the Contractor (including but not limited to breach by the Contractor of relevant UNICEF policies, procedures, and administrative instructions), UNICEF shall be entitled to terminate the contract without notice.  If this contract is terminated in accordance with this paragraph 10, the Contractor shall be paid on a pro rata basis determined by UNICEF for the actual amount of work performed to UNICEF’s satisfaction at the time of termination. UNICEF will also pay any outstanding reimbursement claims related to travel by the Contractor.  Any additional costs incurred by UNICEF resulting from the termination of the contract by either party may be withheld from any amount otherwise due to the Contractor under this paragraph 10.

    

3. Taxation

    

   UNICEF and the United Nations accept no liability for any taxes, duty or other contribution payable by the consultant and individual contractor on payments made under this contract.  Neither UNICEF nor the United Nations will issue a statement of earnings to the consultant and individual contractor.

    

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