International Labour Organizations -ILO- (United Nations)

Terms of Reference: National Consultancy: Support in updating labour inspection system and guide of the Republic of Iraq

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TERMS OF REFERENCE

National Consultancy

Support in updating labour inspection system and guide of the Republic of Iraq

Deadline for submission of proposals: 16/04/2022

 

 

  1. INTRODUCTION

The International Labour Organization, with support from the European Union, is implementing a project to enhance labour governance, inspection and working conditions in Iraq, in response to the COVID-19 pandemic. The project addresses a number of labour market challenges imposed by the pandemic, as well as some of the longer-term decent work priorities of Iraq.

It focuses on strengthening the labour inspection system and improving occupational safety and health (OSH) in line with international labour standards, through policy development and capacity building. The project will also work closely with social partners to raise their awareness on labour inspection, OSH and fundamental principles and rights at work, so they can better engage in programmes to promote compliance with labour legislations and respond to COVID-19.

The project will:

  • Develop national labour inspection policy in consultation with social partners, which includes reviewing a 2018 labour inspection assessment in consultation with the Ministry of Labour and Social Affairs as well as workers’ and employers’ organizations with a view to update and validate the relevant findings and recommendations and develop a national labour inspection policy and a national action plan for reforming labour inspection.
  • Adopt and implement the ILO Strategic Compliance Intervention Model, through creating a Strategic Compliance Task Team to lead the implementation efforts; developing a labour inspection case management system; and promoting the ILO’s approach to Strategic Compliance Planning (SCP) for the labour inspectorate.
  • Strengthen institutional capacity of the labour inspectorate, through analysing the structure of the labour inspectorate; and updating labour inspection tools, such as guidelines and manuals, to ensure that labour inspection procedures are standardized and gender-responsive.
  • Improve the capacity of labour inspectors, through training labour inspectors on modern labour inspection procedures and relevant International Labour Standards as well as conducting Training of Trainers (ToTs) on labour inspection.

 

 

 

 

 

 

 

 

 

 

 

  1. TASKS AND RESPONSIBILITIES

The national consultant will assist and support the lead international consultant in achieving the following deliverables as appear in below table breakdown:

Output and activity Details
Output: Institutional capacity of the labour inspectorate strengthened.  
Develop clear job descriptions for labour inspectors and their supervisors on the basis of the business analysis. Depends on the inspectorate structure, but Minimum will include JD of

Labour inspector + Head of labour inspection section + Director of labour inspection

OSH inspector + Head of labour inspection section + Director of labour inspection

Desk research Get the available and related work of inspectors and supervisors, inspectors’ duties & responsibilities.

Review the legislation, work instruction and reports. Interviews with sample of related persons in such positions, Draft the Job description.

Sharing with related persons and entities.

writing the final JD.

Update labour inspection tool (checklists) and develop new ones, if needed. Inspection Checklists

Obtaining a copy of the available and used checklist.

Getting a sample of the filled ones from different governorates.

Review it with comparison to the valid legislation and instructions.

Draft the suggested updated ones.

Sharing with related entity

Inserting feedback in final checklist.

Output: Capacity of labour inspectors strengthened and improved on regular basis.  
Develop a training plan for the labour inspectors, based on proper training needs assessment Training needs assessment for Iraq area.

Training needs assessment for Kurdistan region.

(Desk review, analysing related legislation, work instructions, inspection tools, reports, inspectors training courses, available complaints, stakeholders’ opinions, interviews with sample of inspectors)

Defining the main and sub main pillars for building capacities of inspectors.

Draft inspector’s training plan

Feedback on the draft

Final version

Output: Tripartite structures and mechanisms on labour inspection and OSH established, or existing ones strengthened, and more effective. Developing the inspection tripartite committee
Establish and strengthen a national tripartite committee on labour inspection and OSH. Develop TOR for the committee

(Members, objectives, meetings, subjects for discussion)

If available analyse the past work and outputs

Analyse challenges and weak points

recommendation

Review the tripartite inspection model and address relevant gaps and weaknesses to render it more effective. Review and analyse the formation of the committee, responsibilities, work instructions, work reports, get feedback from the tripartite representatives.

Defining the gaps

Recommendations

 

Outcome: Updating the Iraqi Labour Inspection guides/manuals a.       Reviewing and consulting the updated/developed guides and manuals with MoLSA and the relevant ILO technical unit.
b.       Submit finalized labour inspection guides and manuals tools, addressing ILO’s and MoLSA’s comments and recommendations incorporated accordingly.

 

 

  • OBJECTIVE, TASKS AND SCOPE OF WORK

The national consultant will assist and support the lead international consultant in carrying out the needs to conduct in updating, developing, and strengthening labour inspection system in the Republic of Iraq in full consultation with the Ministry of Labour and Social Affairs (MoLSA), the social partners and specifically the technical unit from the ILO.

 

  • The national consultant in support of the lead international consultant, is particularly expected to:

Facilitate the development of clear job descriptions for labour inspectors, updating the labour inspection tool (checklists), development of a training plan for the labour inspectors, as well as and establish and strengthen the tripartite structures and mechanisms on labour inspection and OSH.

 

  • As well as provide support to the lead international consultant on “Updating the Iraqi Labour Inspection guides and manuals” through:
  • Reviewing the labour inspection system including the current guides and manuals to understand the current labour inspection system addressing both the Federal Iraq.
  • Updating the main labour inspection guides and manuals used by the labour inspectors and OSH inspectors to respond to workplace issues and incorporate COVID-19 preventive and protective measures at workplace level.
  • Through updating and/or developing (if existing) the labour inspections guides and manuals, ensure labour inspection procedures are standardized, gender-responsive and can be used as a basis for automating labour inspection and establishment of comprehensive electronic data bases on labour inspection and OSH.
  • Explore main modern features and developments in the labour inspection system.
  • Consider the international standards and conventions when updating and developing the guides and manuals.
  • Addressing the gaps and needs existing in the labour inspection system identified by the study.
  • Consult with the experts within the Ministry of Social Affairs and Labour (MoLSA).
  • The above documents should be finalized based on the feedback of the MoLSA and the ILO Labour Inspection and OSH Specialist.

 

 

  • In addition, the national consultant is required to collect the copies of the following reports and documents for the years of (2021 and 2022) from MoLSA, in Baghdad and submit them to the lead International Consultant, the documents are:
  1. Annual report of the MOLSA.
  2. Annual report of the labour inspection department.
  3. Number of labour complaints handled by MOLSA and their outcome.
  4. Organizational chart (Organigram), highlighting changes that took place in 2021, if any.
  5. Ministerial decrees/decisions relating any changes to the labour inspectorate and/or OSH Centre, in 2021, in terms of their functions, structure, tools, job description…etc.

 

 

  1. DELIVERABLES

Under the guidance of the international consultant and in consultation with the Chief Technical Advisor of the project and Regional Senior Labour Inspection and OSH Specialist from the ILO, the national consultant will present and submit the following key outputs:

  1. A detailed workplan illustrating the (functions, proposed visits, data collection tools and its analysis methods and reporting) with the relevant actors amongst governmental and nongovernmental entities, to be submitted to the ILO within four days of signing the contract. for “National Consultancy: Support in updating labour inspection system and guide of the Republic of Iraq”
  2. Outcomes:

Assist the lead international consultant in delivering and presenting below outcomes:

  1. Developed job descriptions report for labour inspectors and their supervisors based on the business analysis in Arabic language
  2. Updated/developed labour inspection tool (checklists) in Arabic language.
  3. Draft training plan for the labour inspectors, based on proper training needs assessment in Arabic language.
  4. Tripartite structures and mechanisms on labour inspection and OSH established, or existing ones strengthened, and more effective:
  • Established a national tripartite committee on labour inspection and OSH in Arabic language.
  • A meeting is conducted to review and strengthen the functions and roles of the Tripartite Consultative Committee in terms of labour inspection and relevant issues.
  • A draft report after reviewing the tripartite inspection model and address relevant gaps and weaknesses to render it more effective in Arabic language.
  1. Final labour inspection manual/ guide

 

 

 

 

 

  1. DURATION OF THE ASSIGNMENT

The period from April to August 2022.

  1. DELIVERABLES AND SCHEDULE OF PAYMENT:

The national consultant will be paid a lump sum of 4,500 USD. And, is expected to deliver the specific deliverables as set out in the below table, at the approval and satisfaction of the Chief Technical Advisor of the project and the Regional Senior Labour Inspection and OSH Specialist:

Deliverable Disbursement in USD
1.       A workplan on the assignment, to be submitted to the ILO within four days of signing the contract.

 

20%
2.       Outcomes:

a.       Developed job descriptions report for labour inspectors and their supervisors based on the business analysis in Arabic language.

b.       Updated/developed labour inspection tool (checklists) in Arabic language

20%
c.       Draft training plan for the labour inspectors, based on proper training needs assessment in Arabic language.

d.       Tripartite structures and mechanisms on labour inspection and OSH established, or existing ones strengthened, and more effective.

e.       Final labour inspection manual/ guide

 

60%

 

  • MANAGEMENT AND OTHER ARRANGEMENTS
Partners and Counterparts

The assignment will be conducted in close collaboration with the project team and ILO implementing partners in target areas.

 

Required Expertise
  • The consultant must have previous experience in a similar assignment and relevant academic background to the assignment scope (e.g., economic studies, social studies, development studies …etc.).
  • Knowledge of or experience in the region, including of fluency in Arabic and good level of English is an advantage.
  • Good communication, networking, and presentation skills.
  • Excellent report writing skills.
  • The consultant should make him/herself available to collaborate with project partners when needed/requested.
Supervision

The national consultant will perform his/her assignment under the supervision of the international consultant in close coordination and cooperation of the Chief Technical Advisor of the project and the Regional Senior Labour Inspection and OSH Specialist.

Confidentiality and Intellectual Property Rights

All data and information received from ILO for this assignment are to be treated confidentially and are only to be used in connection with the execution of these Terms of Reference (ToRs). The contents of written materials obtained and used in this assignment may not be disclosed to any third parties without the express advance written authorization of the ILO. All intellectual property rights arising from the execution of these ToRs are assigned to the International Labour Organization. The intellectual property rights of the materials modified through the assignment remains with the International Labour Organization.

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