Legal analyst under contract at MINEDUC :Deadline: Apr 5, 2022

Job Description

IV. Functions and Responsibilities of the Legal Analyst
A key function of the Legal Analyst will be to examine contracts and to advise the Ministry on legal matters and how they affect education system. The position will thus combine advisory, pragmatic, planning, organization, management, monitoring, operational and coaching/training roles. The Legal Advisor should also be able to transfer skills to the Ministry staff. These responsibilities will include, but not limited to:
Preparation
1. Analyze the compliance of laws during the preparation of contracts.
2. Assist the Ministry of Education in its negotiations and examine contracts at national and international level.
3. Review and provide advice on drafted laws and regulations in the education sector
Contract management
1. Review and providing legal advice and/or drafting of contracts and other legal documents on behalf of the Permanent Secretary and other selected staff in the Ministry
2. Assist the Ministry of Education in its negotiations and examine contracts at national and international level.
3. Review the contract from user departments.
4. Follow up the execution of contracts in collaboration with user departments.
5. Coordinate the amendment of the contracts where necessary.
6. Ensure timely notification of expiry of framework agreement to the concerned user departments.
7. Advice user departments on terms and conditions related to the extension of framework agreements
8. Identify PFM and other legal risks that need to be addressed
9. Support the Ministry to handle lawsuits filed against the educational institutions
10. Maintains and catalogues legal documents and contracts for the purpose of ensuring accurate reference materials

Drafting of laws
1. Draft, review, edit, and interpret education laws and other legal documents.
2. Providing accurate and timely legal advice to the Ministry of Education on a variety of legal topics including but not limited to labor and employment, finance, service contracts and general operations.
3. Maintain current knowledge of laws and provide clarification on legal language and advise the Ministry of Education.
4. Identify legal risks that need to be addressed

Human Resources
1. Provide advice on labor law related employee issues
2. Provide legal assistance to the Human Resource Department on matters relating to employment law and insurance law as well as on Ministry’s internal labor regulations.
3. Conduct Labor Law compliance checks list for all staffs and offices
4. Provides staff development for the purpose of educating others on their legal responsibilities
Finance and budget
1. Assess the financial management and accounting structures proposed to identify efficiency gains.
2. Provide legal input into financial and budget management process
3. Review and negotiation of the financial documentation which will often have a direct effect on the rights and obligations of the Ministry.
4. Review of education projects assumptions and whether they are legally viable.
Tender
1. Facilitate internal tender committee to analyze the requested changes on the contracts.
2. Advice on applicable procurement requirements
3. Advice on mechanisms to maximize competition while avoiding unrealistic bids and project vulnerability from overly aggressive bidding.
8. Identify PFM and other legal risks that need to be addressed
9. Support the Ministry to handle lawsuits filed against the educational institutions
10. Maintains and catalogues legal documents and contracts for the purpose of ensuring accurate reference materials