Employer of Record “New Country Projects”: Terms of Reference

Background and context

Fundación Oceana is a European non-profit entirely devoted to improving the healthy state of European oceans and seas. We work towards this goal by using all five skill sets at our disposal – science, law, advocacy, at-sea expeditions, and communications – to bring about policy changes that address the most urgent problems confronting the marine environment. We have a strong record of accomplishment on fisheries and habitats goals over the past two decades. As the largest non-profit organisation solely focused on saving the world’s oceans, we bring a unique approach that combines the resources, scientific evidence and public outreach to catalyse action and change.

Because of our strong advocacy efforts, Fundación Oceana uses all means and tools to carry out its campaigns as effectively as possible. To this end, Fundación Oceana aims to expand its team or operating projects abroad by collaborating with an “Employer of record” (EOR) to provide an all-in-one solution to operate in new countries.  By partnering with an EOR, Fundación Oceana will have greater access to a global workforce to implement campaigns to defend our Oceans.

General objectives:

An Employer of Record, (EOR) will support Fundación Oceana in recruiting staff in countries where Oceana is currently not present to implement successful Campaigns to save the Oceans.  Specifically, the EOR will:

1. Secure access to the global workforce and hire the best talent in any country in Europe following the different compliance requirements to minimize risks.
2. Conduct in-depth country analyses as required.
3. The EOR-service should include predictable, transparent pricing structures, which will assist Fundación Oceana in our financial planning and budgeting, reducing financial uncertainty, and allowing better strategic decisions to be made.
4. Provide clear and forward-looking recommendations that can guide Oceana in achieving its future goals in terms of strategies and results.

More specifically on the services for the Human Resources functions:

• Talent Acquisition: The EOR will assist in finding the right talent that fits the job requirements of our organisation. As per the client company’s requirements, EORs prepare the hiring processes ranging from job posting, candidate screening, and conducting interviews. Once potential candidates are shortlisted, the client company conducts direct interviews virtually and finalizes the candidates.
• Onboarding and offboarding: Once candidates are selected, EOR partners handle the onboarding process for new hires, such as contract paperwork and documentation completion, orientation sessions, and device handover. Similarly, they take care of offboarding tasks such as exit interviews, full and final payments, and returning company assets when employees leave a company.
• Leave and attendance management: EORs will manage leave and attendance and maintain a record for every EOR employee. Whenever employees face any issues or discrepancies in their leave structures, the employer of record (EOR) handles them.
• Legal and Compliance Experience: EOR company comprehend complicated employment matters including handling payroll taxes, benefits, and termination procedures. The employer of record (EOR) services should also maintain up-to-date knowledge of regulatory updates and changes, which will enable Fundación Oceana to promptly adjust and guarantee continuous compliance without requiring substantial internal research or legal advice.

Methodology

Fundación Oceana is planning to award the contract referred to above following its procurement policy. The procurement documents consist of a proposal.

The Employer of Record, (EOR) must submit a proposal. The proposals will be evaluated following these criteria:

1. Flexible Contract Terms.

Flexibility in contract terms is an important criterion that will be considered when choosing an EOR service provider. Our campaign activities may need to be adapted from time to time due to changes in legislations or policy strategy.

• Experience in non-profit or similar.

EOR services with experience handling clients in the non-profit and conservation sector.

• Transparent Service Pricing.

It is important to offer an upfront service price to avoid unexpected costs and budget overruns. Transparency in pricing and compare price offers that are competitive.

The evaluation of proposals will be carried out under the following criteria.

• Scope of services
• Fees and payment terms
• Effective communication
• Legal advice and support
• Employee retention
• Cost efficiency

Once the proposals have been analysed, the EOR that best meets the criteria described above will be selected.

Instructions for applicants:

Interested applicants will submit their proposals. The proposals should include at least:

• Business name, address and registration number
• Contact name, phone number and email address
• Description of services provided
• Fees and payments terms

The language in which the proposal should be submitted is English and the format is in softcopy, to be sent to the following e-mail address: hr-europe@oceana.org.

Last date for submission is 31/10/2024

The proposal must be perfectly legible and drawn up using the guidance of the Terms of Reference document.

The period of validity must be clearly stated in the proposal, without the possibility of being modified. From the proposal’s last date for submission, the validity should be of 2 months.

Submission of a proposal implies acceptance of all the terms and conditions set out in the procurement documents and, where appropriate, waiver of the candidate’s own general or specific terms and conditions. The submitted proposal is binding on the candidate to whom the contract is awarded for the duration of the contract.

All costs incurred for the preparation and submission of proposals are to be borne by the candidate and will not be reimbursed.

(Master Service Agreement (MSA)

Oceana will sign a Master Service Agreement (MSA) with the selected Employer of Record. The signature of this MSA does not imply commitment to contract services. Statement of Work (SOW) will be signed when required, where details about the services contracted will be described.

DATA PROTECTION: In accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), we inform you that personal data and email addresses collected from the Data Subject will be processed under the responsibility of FUNDACION OCEANA for a legitimate interest and for the purpose of sending communications about our products and services and will be retained for as long as none of the parties object. The data will not be communicated to third parties, except when legally obliged to do so. You can exercise your rights of access, rectification, portability and erasure of your data and those of restriction and objection to their processing by contacting FUNDACIÓN OCEANA at Gran Vía 62, 7 Izq. – 28013 Madrid, Spain or Email: edata@oceana.org. 

If you consider that the processing does not comply with current legislation, you may file a complaint with the Spanish supervisory authority at www.aepd.es.

FUNDACION OCEANA is the Controller of the Data Subject’s personal data and informs him/her that these data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), for a legitimate interest of the Controller, providing the following information on the processing:  

• Purpose of the processing: to include the Data Subject in the personnel selection processes, analysing the applicant’s profile with the aim of selecting the best candidate for the Controller’s vacancy.  
• Legitimacy of the processing: unequivocal consent clearly indicated by the Data Subject.  
• Data storage criteria: data will be stored for a maximum period of one year, after which the data will be erased, guaranteeing full respect for confidentiality both in the processing and subsequent destruction. To this effect, once this period has elapsed, and if you wish to continue participating in the Controller’s selection processes, please send us your CV again.  
• Updating data: in the event of any modification to your data, please inform us in writing as soon as possible in order to keep your data duly updated.  
• Data disclosure: Your data may be communicated to third parties because they are necessary to achieve the purpose of the treatment, or by legal obligation.  
• Rights of the Data Subject:  
• Right to withdraw consent at any time.  
• Right of access, rectification, portability and erasure of data and the limitation or objection to their processing.  
• The right to file a claim with the Spanish Supervisory Authority (www.aepd.es) if you consider that the processing does not comply with the current legislation.  

Contact information to exercise their rights: FUNDACION OCEANA. GRAN VIA, 62 7 – 28013 MADRID (Spain). Email: edata@oceana.org