|Date Posted:||May 18, 2020|
|Closing Date:||May 27, 2020|
|Work Type:||Full Time|
|Number of Vacancies:||1|
|Salary Range:||As per NTA salary scale policyAF|
|Years of Experience:||7 Years|
|Contract Duration:||8 month(s)|
|Contract Type:||Short Term|
|Probation Period:||3 months|
About Ministry of Finance:
The Islamic Republic of Afghanistan Cabinet Council passed the SOC Law within 7 chapters and 51 articles in the cabinet meeting dated 14/06/1397. So, The Ministry of Finance in particular the SOEs and SOCs Directorate General along with other stockholders is responsible for the efficient implementation of the law across the whole portfolio of 35-SOEs and 14-SOCs as soon is enacted.
As the SOC law implementation is comprehensive and contain multitasking reform process such as SOEs and SOCs Legal Status changes, Introduction of New Supervisory Board, Management Units, Updating of SOC Charters and many other legal functions. So, there is a need for Legal Advisor to contribute in successful implementation of mentioned process. It is clear that capacity building and possible structural reform within the SOCs and SOEC General Directorate of the Ministry of Finance would yield better results, both in the operations and as a contribution to mitigating the fiscal risk from the SOEs SOCs.
The Consultant is assigned to deliver broadly the required Legal guidance and specifically the below duties and responsibility while working collaboratively with SOECs General Directorate as per the New SOC Law guidelines, existing material and stakeholder’s consultation to support SOC Legal Status Change of SOEs to SOCs and New Law implementation and decisions on a package of reforms in the SOEs and SOCs sectors of the Government of the Islamic Republic of Afghanistan
·The consultant would report to the SOC Director General & DM Admin and liaise with stakeholders responsible for SOCs reform and SOC Law implementation.
Duties & Responsibilities:
- Advising and supporting SOEs and SOCs in implementation of the legal issues of Legal status change of the SOEs and New SOC Law Implementation.
- Adaptation of model articles of association for all SOEs and SOCs in accordance with the new SOC law.
- Support of the SOEs & SOCs in the preparation of a new articles of corporation (Asasnama) as per Model Assasnama.
- Develop an action plan for legal issues, with schedule of work and timeline, to be implemented as per the new SOC law.
- Advice recommendations on the issues of legal matters rises toward the properties and assets, receivables, payables or other liabilities during the legal status change, revaluation and settlement process SOEs.
- Advising and Support in preparation of standard contracts (such as employees, rent, lease and purchase or sale).
- Advising and supporting SOEs and SOCs in Legal issues during the liquidation and merging of SOEs.
- Review the New SOC Law and recommend any changes or questions needed.
- Support in the creation of a social safety plan for dismissed employees as per the afghan labor law.
- Prepare and present training presentation on legal issues and for SOEs and SOEC staffs.
- Supporting consultations with stakeholders on legal aspects of legal status change and law implementation and SOCs reforms.
- Any other tasks assigned by the SOEC DG -MoF.
· The consultant must have a Masters degree and for Phd degree in law will be preferred.
· Have at least 7 years of experience applying these professional qualifications in Afghanistan. And understanding of local commercial and legal practice.
· Experience with court rulings in Afghanistan is an advantage.
· Fluency in Dari, Pashto languages and working knowledge in English language is required. And literacy in Microsoft Office packages.