SSA_2023_MALAWI_Provision of Legal and Regulatory Advisory Services to the BRITISH COUNCIL Malawi

Tender description

The selected supplier(s) shall provide specific legal advisory and related services to the British Council offices in the countries being serviced, including but not limited to:<br /><br />1. Reviewing (or drafting) employment contracts and policies for compliance with local employment legislation on a needs basis.<br />2. Advice and support on issues related to statutory compliance and carry out adhoc compliance audits.<br />3. Provide advice and support on the development of employment policies and practices, including but not limited to, internal regulations, remuneration policy, recruitment process, labour safety regulations, code of ethics, and other internal <br /> employer’s acts. This includes reviewing the Council’s employees’ handbook and advising on the enforceability of the clauses contained in the handbook<br />4. Provide advice on major projects in relation to employment matters.<br />5. Provide support in the furtherance of positive employee relations<br />6. Provide support in review of contracts for premises and facilities. <br />7. Provide legal advice on employee-related issues The areas which may arise include, but are not limited to, breach of contract; equal pay; unfair dismissal; employment policy and procedure; discrimination in the work place; bullying and <br /> harassment; capability; absence from work; occupational health issues; trade unions; industrial action; protection of employees on the transfer of undertakings; redundancy; maternity/paternity/parental leave rights and unlawful deductions from <br /> wages.<br />8. HR Compliance training for advisory services personnel<br />9. Providing regular updates on amendments to local labour laws and precedents from rulings on landmark cases.<br />10. Provide advice, support and analysis of risk, in relation to all aspects of the legal process including employment claims litigation and Employment Tribunal and/or Court representation, as required including but not limited to:<br /> a) Drafting replies to legal claims, notices, suits, petitions, complaints, etc. that the British Council may receive in the normal course of its business;<br /> b) Filing of claims, suits, complaints, petitions, etc. before any authority, tribunal, court or legal forum in defense of the rights of the British Council;<br /> c) Provide complex high-risk HR case management:<br /> d) Appearing before any authority, court or legal forum in connection with any dispute to which the British Council may be a party; and<br /> e) Collect copies of all court decisions and arbitral awards and forward them to the British Council accompanied by any interpretations.<br />11. Engaging trade unions for resolution of trade disputes, where necessary.<br />