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SERBIA RAILWAY SECTOR MODERNIZATION PROJECT (SRSM) _LEGAL CONSULTING SERVICES (FIRM SELECTION)

Ministarstvo građevinarstva, saobraćaja i infrastrukture

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Ključni podaci

Oblast
Građevinarstvo, saobraćaj, infrastruktura
Vrsta dokumenta
Konkurs, oglas
Datum
2.11.2026.prvog uočavanja
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  • resor iz izvora: infrastruktura
Prilozi (2)
  • WB EBRD 9221 YF_ SER-SRSM-CQ-CS-21-26_Terms of Reference LC_Disputes_Analysis for Railway Companies.docx · arhiva · 18.464 znakova
    Izvučeni tekst
    Republic of Serbia
    The Serbia Railway Sector Modernization Project (SRSM)
    Project ID No. P170868
    
    TERMS OF REFERENCE
    LEGAL CONSULTING SERVICES
    DISPUTES ANALYSIS OF SERBIAN RAILWAY COMPANIES
    
    Background 
    
    The International Bank for Reconstruction and Development (IBRD) launched the Multiphase Programmatic Approach (MPA) to support the Government of Serbia in continuation of institutional, physical and operational modernization of the railway sector in an integrated manner through providing financial support to Serbia Railway Sector Modernization Project as part of the Multiphase Programmatic Approach to be implemented in three overlapping phases over the ten-year period.
    For the purpose of financing Serbia Railway Sector Modernization Project, Phase 1 of the MPA, IBRD and the Agence Francaise de Développement (AFD), jointly, granted to the Republic of Serbia EUR 102 million loan to support enhancing the efficiency and safety of existing railway assets and improving governance and institutional capacity of the railway sector.
    The Project includes following components:
    Component 1: Infrastructure Investments and Asset Management
    Component 2: Institutional Strengthening and Project Management
    Component 3: Railway Modernization Enablers
    Project will be managed by the Ministry of Construction, Transport and Infrastructure (MoCTI) through the Project Implementation Unit (PIU) supplemented by the Project Implementation Teams (PITs) in railway companies. PIU has primary responsibility for Project execution ensuring that the Project development objectives are met.
    MoCTI intends to engage a highly qualified consultant firm to provide required services more closely described below.
    
    Objective of the assignment
    
    There are four State owned railway companies – company for public railway infrastructure management "Serbian Railway Infrastructure", freight operator “Serbia Cargo”, a passenger operator “Serbia Voz” and JSC Železnice Srbije (all four entity herein further: Railway companies), as the former integrated railway company. The Railway companies, established in August 2015, report to Ministry of Construction, Transport and Infrastructure (herein further: MoCTI) and, in line with the national legislation, produce International Financial Reporting Standards compliant annual financial reports.
    
    These four legal entities have over 24,000 proceedings against them by former and current employees, on a range different basis. Mostly these are related to unpaid allowances for meals, vacation, nightshifts and shift work, all of which are legal requirements according to the Serbian Labor Law. Legal claims are made for the period dating up to 2018, when new collective labor agreements have been signed reintroducing payment of these allowances. Lawsuits are geographically disbursed over all Basic Court jurisdictions in the country. 
    
    So far, 4.3bn RSD have been collected from the Railway companies by Public Enforcement Agents (hereinafter: PEA) on basis of court ruling in favor of plaintiffs. This is done through a process over which companies have no control, and in most instances result in assets of the Railway companies being confiscated and auctioned to collect amounts prescribed by court rulings against them. It is estimated that up to 45% of collected amounts relate to penalty interest, court fees, plaintiff's legal fees and PEA fees. According to the management of the Railway company’s amounts expected to be lost in the remaining ongoing cases will be more than 3.5bn RSD over next several years.
    
    Scope of Work
    
    Having in mind the number of disputes and the exposure of the Railway companies, MoCTI is to make considerable savings by resolving legal claims made by current and former employees before they get to the stage where enforceable judgments are executed by PEAs, therefore asserting more control over the process while making considerable savings.
    
    For this purpose, MoCTI would hire an external Consultant (hereinafter: Consultant), who wou
  • WB EBRD 9221 YF_SER-SRSM-CQ-CS-21-26-REoI _LC for Dispute Analysis for Railway Companies.docx · arhiva · 6.563 znakova
    Izvučeni tekst
    REQUEST FOR EXPRESSIONS OF INTEREST
    
    Republic of Serbia
    The Serbia Railway Sector Modernization Project (SRSM)
    Project ID No. P170868
    
    Assignment Title: 
    LEGAL CONSULTING SERVICES DISPUTES ANALYSIS OF SERBIAN RAILWAY COMPANIES, Reference No. SER-SRSM-CQ-CS-21-26
    
    The International Bank for Reconstruction and Development (IBRD) launched the Multiphase Programmatic Approach (MPA) to support the Government of Serbia (GoS) in continuation of institutional, physical and operational modernization of the railway sector in an integrated manner through providing financial support to Serbia Railway Sector Modernization Project as part of the Multiphase Programmatic Approach to be implemented in three overlapping phases over the ten-year period.
    For the purpose of financing Serbia Railway Sector Modernization Project, Phase 1 of the MPA, IBRD and the Agence Francaise de Développement (AFD), jointly, granted to the Republic of Serbia EUR 102 million loan to support enhancing the efficiency and safety of existing railway assets and improving governance and institutional capacity of the railway sector.
    The scope of work of the Consultant is to perform a case analysis with recommendations for further action and instructions on how to implement the proposed solutions, with the following objectives:
    Providing a legal analysis of all ongoing labor lawsuits in four Railway companies;
    Estimating on case-by-case basis the probability of trial outcomes;
    Proposing a strategy on how to resolve the issue through mechanisms such as out of court/court settlement;
    Providing advice on how to create a robust implementation process for the proposed strategy;
    Estimate expected cost savings in term of court fees, plaintiff's legal fees and PEA's fees;
    Support to railway companies in validation of the proposed process with all relevant stakeholders including but not limited to State Attorney's Office, State Audit Institution etc.
    Bearing in mind that the Railway companies report to MoCTI and that their business is subject to periodic supervision by the State Auditor, the Consultant will provide support to the Railway companies and MoCTI in correspondence with supervisory state institutions, in purpose of proper and legal implementation of the proposed solutions that are an integral part of the legal analysis.
    Minimum qualifications requirements required: 
    The assignment will require a qualified consulting firm that can demonstrate extensive experience in Labor disputes in accordance with Serbian legislation.
    
    The following criteria will be applied to all consulting firms that have submitted EoI:
    
    The Consultant must be Law Firm, with Team at least of 10 attorneys at law, 
    The Consultant must have at least three senior attorneys with minimum eight years of experience in the field of Labor Law, at least two attorneys specialized in labor disputes and one advisor specialist with not less than six years of experience in labor law relations,
    The Consultant – Law office or its members must be registered in The Register of Bidders on the Serbian Business Registers Agency, 
    The Consultant provided labor law services for at least 5 legal entities that employ more than 50 employees in past 10 years,
    The Consultant provided legal services of representing employers in at least 200 labor disputes, 
    The Consultant provided legal services of representing employers in at least 5 collective labor disputes.
    
    As a proof, the Consultant firm shall prepare: necessary certificates, list of proposed Team with qualifications of proposed experts (with necessary certificates from Serbian Bar Association and signed statements) and representative list of clients in the form of table, listing following information: type of service provided to the client with year of providing services (and other data if it is possible).
    
    In addition, The Consultant shall establish his Team in accordance with the needs and requirements of the ToR. The Team shall consist of minimum:
    Team Leader - Senior att
Tekst objave
SERBIA RAILWAY SECTOR MODERNIZATION PROJECT (SRSM) _LEGAL CONSULTING SERVICES (FIRM SELECTION) 

Dokumenti: 

WB EBRD 9221 YF_ SER-SRSM-CQ-CS-21-26_Terms of Reference LC_Disputes_Analysis for Railway Companies.docx

WB EBRD 9221 YF_SER-SRSM-CQ-CS-21-26-REoI _LC for Dispute Analysis for Railway Companies.docx
Povezani akti (8)

Izvor: mgsi.gov.rs Arhivirane kopije: 2.11.2026., 2.11.2026. U popisu od 2.11.2026.