Centru de Drept al Avocatilor hires consultant in the analysis and expertise of some EU acts for the transposition for the Implementation Unit within MLSP

Centru de Drept al Avocatilor hires consultant in the analysis and expertise of some EU acts for the transposition for the Implementation Unit within MLSP

TERMS OF REFERENCE

BACKGROUND

Following the European Council’s decision from December 2023 on opening the accession

negotiations with the Republic of Moldova and obtaining the status of a candidate country for EU accession, the national institutions need to consolidate efforts in order to advance the process of EU integration and to speed up the reforms.

The Ministry of Labour and Social Protection of the Republic of Moldova presides two working groups: no. 2 on Free Movement of Workers and no. 19 on Social Policy and Employment. Besides these two working groups, the relevant departments of the Ministry are also involved in other working groups.

Therefore, it is imperative for the Ministry and its team to prove results and to transpose the relevant EU-acquis.

The entire process of expertise and transposition of EU acts in the field of labor relations, safety and health at work, social dialogue, labor wages is carried out by the Department of policies in the field of labor relations and social dialogue, with insufficient staff. Therefore, an expert in the analysis and expertise of some EU acts for the transposition is needed to help the team in terms of alignment with the EU acquis.

EU acts for expertise and transposition:

1. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
2. Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance;
3. Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union.
4. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work COM/2021/762 final.
5. etc.

Responsibilities

• Comprehensive analysis of the provisions of the Directives.
• Analysis of the jurisprudence (if any) of the Court of Justice of the European Union (CJEU) in the field of application of the provisions of the Directives.
• Analysis of the normative framework of the Republic of Moldova regarding the subjects covered by the Directives.
• Identification of normative acts/law articles that must be amended in accordance with the provisions of the Directives.
• the elaboration of concrete recommendations for the transposition of the provisions of the Directives into national legislation and the improvement of the national policy framework in the fields regulated by the Directives.
• Analysis of proposals formulated in the light of the requirements of Law no. 100/2017 and the instruments published on the website chancelleria.gov.md, section Domains of competence - Harmonization of national legislation with EU legislation and Coordination of policies and strategic planning.
• Development of progress indicators and analysis of implementation risks related to proposals to amend normative acts.
• Reflect the mechanism for monitoring and reporting the results of the implementation of the directives.

Required Qualifications and Experience

• An advanced university degree (master’s level or above) in law, human resources, political studies, public administration, finance (remuneration) or other relevant fields.
• At least 3 years of relevant professional experience, working in the context of labor relations policy and/or the transposition of EU acts.
• Working experience with a central public authority is preferred.
• Working experience in EU legislation transposing is preferred.
• Good knowledge of the context of EU integration.
• Good knowledge of computer skills.
• Excellent analytical skills/expertise and experience in drafting normative acts.
• Advanced level of English with a strong ability to speak and write reports is required.

Performance indicators

1. Quality of work
2. Flexibility in responding to MoLSP and UNHCR requests
3. Informative note.
4. Comparative table
5. Concordance tables elaborated
6. Projects of normative acts elaborated
7. Synthesis of proposals

Competencies

• Flexibility, solutions-oriented, good negotiation skills.
• Good organizational and managerial skills.
• Ability to work independently, as well as part of a diverse and multi-sectoral team.
• Ability to keep calm under pressure when interacting with external counterparts, as well as a
• member of a team.
• Good understanding and compliance to supervisory and reporting lines.
• Ability to establish and maintain good working relations with relevant Government and NonGovernmental counterparts and international organizations.

CDA is committed to ensuring the diversity of the workforce. Women and men, people with disabilities, Roma and other ethnic or religious minorities, people living with HIV, LGBTQI+, as well as refugees and other people who have the legal right to work in the Republic of Moldova are encouraged to apply.

Please provide details in your CV of previous employment and two references.

Please send a cover letter and CV to law-center@cda.md, indicating the position applied for. Selected applicants will be contacted by email.