ILO National Consultant to Develop a Rapid Labour Inspection Assessment Jobs in Kenya

ILO National Consultant to Develop a Rapid Labour Inspection Assessment Jobs in Kenya


Background

  • Within the Ministry of Labour and Social Protection (MoLSP) of Kenya, the Labour Department enforces the Employment Act 2007 and the Labour Relations Act 2007 while the Directorate of Occupational Safety and Health Services (DOSHS) is responsible for enforcing the Occupational Safety and Health Act 2007 and the Work Injury Benefits Act 2007. Labour inspectors examine how national labour standards are applied in the workplace, advise employers and workers on how to improve the application of national law, take enforcement action in the case of non-compliance, and bring to the notice of national authorities gaps and defects in national law.They play an important role in ensuring a level playing field for all employers and workers.

  • The ILO recognizes that there is a direct link between: 1) high performing labour market institutions (labour inspectorate, courts, and workers’ and employers’ organizations); 2) the protection of labour rights; and 3) the rule of law. Building strategic, efficient and effective labour market institutions is fundamental to achieving compliance of domestic law and practice in line with international labour standards and acceptable conditions of work.

  • To provide targeted advice and guidance to strengthen the Labour Inspection System of the Ministry of Labour and Social Protection (MoLSP) in Kenya, the ILO seeks a consultant to conduct a rapid labour inspection assessment.

    Objective and Scope

  • The goal of the assessment is to provide national authorities with a series of findings and recommendations to assist in the effective operationalization of labour inspection systems including increasing its capability and capacity to achieve compliance with applicable labour standards as set by the ILO ConventionsC081 - the Labour Inspection Convention (1947) and C129 - the Labour Inspection (Agriculture) Convention (1969).

    Function and Responsibilities

  • The consultant will be responsible for obtaining and compiling all data and information required to inform ILO findings and recommendations.

  • At a minimum, the consultant must capture the following information:

    General Information on Country Conditions

  • Relevant history, political system, economic status.

    Legal Framework

  • Copies of laws and secondary legislation in the form of regulations, directives and other mandates as well as legislation on the judiciary and other adjudicative bodies in labour dispute resolution.

    Powers of Labour Inspectors

  • Legislative powers, monetary and non-monetary penalties, enforcement measures etc.

    Mission Statement

  • Describing the Ministry of Labour and Social Protection’s mission.

  • Organization of the Ministry of Labour and Social Protection (MoLSP)

  • Management structure, including allocation of functions between central, regional and county level authorities.

    Organogram

  • Visual representation of the allocation of functions.

    Inspection Procedures

  • From the initiation of inspection to the imposition of penalties and all processes in between.

    Budget

  • For labour inspection activities, including office and human resources and percentages directed towards specific activities.

    National Information

  • National strategy or policy influencing the mandate of the labour inspectorate and the national inspection plan.

    Planning Process

  • Steps in the process of planning, implementation, monitoring and reporting of inspections.

    External and Internal Stakeholders

  • Entities engaged in the process of labour inspection. Including information on informal or formal collaboration processes with local, regional or national authorities. For example, national committees on OSH, workers and employers organizations, private compliance initiatives, labour courts etc.

    Criteria for Inspection

  • Determination of topics, sectors, and/or regions for inspection.

    Sectors of importance

  • Including export sectors and other sectors integrated into global supply chains.

    Enforcement and Compliance Data

  • Injury and illness rates, complaints, compliance risk indicators.

    Guidelines

  • To assist and guide inspection processes and decision making with regards to enforcement.

    To obtain and compile the above information the consultant will undertake the following tasks:

  • Develop interview questions and data collection tools for use with central and local county authorities responsible for compliance with national labour law;

  • Review all relevant documents (i.e., laws, regulations, directives, circulars, standard operating procedures, manuals, comments by the ILO’s supervisory bodies on Convention 81, etc.), relevant to understanding the current labour inspection
    system;

  • Liaise with internal personnel of the central and regional local county authoritiesto source the necessary data and information. This may require travel to the labour inspectorate offices in the focal county governments for Kericho, Nandi, Kiambu, Nyeri, Kirinyaga, Muranga, Kisii, Nairobi, Athi River and Mombasa.

  • Collect relevant documentation such as annual inspection reports, national surveys and statistics, labour market information, bi-lateral and multi-lateral trade agreements, national OSH policy and profile, national labour inspection profile and policy by the Ministry of Labour and Social Protection (MoLSP)as well as external stakeholder reports, academic research and other relevant data;

  • Liaise with subject matter experts such as external labour and/or administrative law experts and stakeholders such as: The National Labour Board and the National Tripartite Consultative Council; The State Department for Trade in the Ministry of Industrialization, Trade and Enterprise Development; the Directorate of Occupational Safety and Health (DOSH);the Federation of Kenya Employers (FKE); Central Organization of Trade Union (COTU-K);the Kenya Human Rights Commission (NGOs) Forum; the Export Processing Zones Authority (EPZA); and other relevant bodies, where necessary to obtain information;

  • Act as the documentarian to accurately and comprehensively capture the data and information;

  • Draft a preliminary Rapid Labour Inspection Assessment based on information collected;

  • Amend and edit the preliminary Rapid Labour Inspection Assessment based on ILO comments;

  • Produce a final Rapid Labour Inspection Assessment;

  • Ensure the confidentiality of documents and relevant information.

    Required Qualifications

  • A minimum of 2-3 years’ experience in labour law and policy studies, assessments and drafting processes in Kenya and/or common law jurisdictions.

  • Demonstrable knowledge and deep understanding of Kenya’s legal, policy, institutional and administrative measures in respect of labour law compliance in the apparel and tea sectors.

  • Demonstrable knowledge and deep understanding of labour law frameworks and legal obligations (including recommendations from the ILO regarding labour standards pertaining to discrimination, wages/hours, unfair termination, OSH, formalization of employment, and contractual relationships.

  • Excellent research skills (both field and desktop research). Has knowledge of various research methodologies and sources, including electronic sources on the internet, intranet and other databases.

  • Excellent written and oral communication skills are essential, along with excellent interpersonal, diplomacy skills, negotiation and mediation skills.

    • Understanding of government structure and inter- government relations;

    • Demonstrable capacity to work with diverse stakeholders, including Government of Kenya officials through the National Labour Board, the National Tripartite Consultative Council, parliamentarians (national and county level) and relevant representatives of the MoLSP and social partners.

    • Fluency in English and Swahili (both written and spoken).

    Preferred qualifications

  • Able to work calmly under pressure and to strict deadlines;

  • Extremely detail oriented, analytical and inquisitive;

  • Highly motivated and committed to the values of transparency, integrity, and compliance with the law;

  • Strong written and verbal communication skills including technical writing skills.

    How to Apply

  • All interested individual consultants must submit the following documents/information by COB 15thApril, 2021 to

  • NBOPROCUREMENT@ilo.org

    • Technical Proposal explaining their suitability to undertake the assignment

    • Time frame (estimated 60 work days spread over maximum period of two and a half months)

    • Financial Proposal (separate from Technical Proposal)

    • Personal CV including, past relevant experience in similar activities and three traceable references

  • The proposal should be addressed to:

    The Director,
    International Labour Organization
    ILO Country Office for United
    Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda,
    Maktaba Street
    P.O.Box 9212
    Daresalam, Tanzania.

  • All applications should be clearly marked “Promoting Labour Inspection compliance in the apparel and tea sectors.”

  • NOTE: Only shortlisted candidates will be contacted.


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