INTERNATIONAL LABOUR ORGANIZATION THE OFFICE OF THE ILO LIAISON OFFICER

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1 INTERNATIONAL LABOUR ORGANIZATION THE OFFICE OF THE ILO LIAISON OFFICER Call for Expression of Interest ILO/YGN/18/27 19 July 2018 Post Title: National Consultant for feasibility study for the establishment of a sustainable Industrial Relations Training Institute in Myanmar Organization: International Labour Organization (ILO) (ILO GIP Project) Location: As described in TOR No.of Consultant : One Contract Type: External collaboration Contract Post Duration: September to November 2018 Closing Date: 3 August 2018 Applications Details: Applications to: Finance & Admin Assistant (ILO GIP) , Ext: 274 ILO No. 1(A), Kanbae Road, Yankin Township Yangon Myanmar. or via to mont@ilo.org. Only short listed individuals will be contacted for further consultation process.

2 TERMS OF REFERENCE NATIONAL CONSULTANT A FEASIBILITY STUDY FOR THE ESTABLISHMENT OF A SUSTAINABLE INDUSTRIAL RELATIONS TRAINING INSTITUTE IN MYANMAR SEPTEMBER NOVEMBER 2018 BACKGROUND Strong and efficient labour market governance structures are recognized in the Decent Work Agenda of the ILO and the ILO Declaration on Social Justice for a Fair Globalization as a precondition for sustainable socioeconomic development. Social dialogue and industrial relations are important building blocks of these labour market governance structures. The promotion of social dialogue and industrial relations is a priority of the Decent Work Country Programme (DWCP) for Myanmar, and the ILO Liaison Office in Myanmar (ILO Myanmar) has identified capacity building support for local constituents as one of the means of action to deliver this agenda. Capacity building support will initially focus on direct support where the International Training Centre of the ILO (ITCILO), through the ILO Garment Industry project (ILO-GIP) is to deliver a one-off training programme comprising five modules on strategies and tools for effective social dialogue and industrial relations for representatives from the local ILO tripartite constituency. This initiative has been called the Myanmar Industrial Relations Lab (MIR-Lab). In the mid-term, the intention is to shift emphasis towards institutional capacity building support where ITCILO would advise local constituents on the establishment of a permanent Myanmar industrial relations training institute mandated to train representatives from local constituents involved in the promotion of sound industrial relations. Eventually, this training institute would be expected to carry out this task independently from ILO. Against this background, the ILO-GIP - along with the ILO Labour Law Reform project - have identified the need to conduct an assessment of the feasibility of establishing such a national industrial relations institute, called in the following the Myanmar Industrial Relations Training Institute (MIRTI). The ILO GIP has retained the expertise of the ITCILO to lead this feasibility assessment. As part of the assessment, ITCILO is to analyze local market demand and market supply with training services on industrial relations and social dialogue, and to propose scenarios for setting up a technically, financially and institutionally sustainable local training institute. Refer below for more information on the objective, target group, implementation plan and budget of the feasibility study. The ILO-GIP is now seeking the expertise of a local consultant to support the work of the ITCILO in conducting the MIRI feasibility assessment.

3 OBJECTIVES OF THE ASSIGNMENT The objective of this assignment is to provide support to the ITCILO in conducting the MIR feasibility assessment. The objective of the feasibility study is to furnish ILO Myanmar and by extension ILO constituents in Myanmar with the evidence required to determine whether and how to establish a national industrial relations training institute. BENEFICIARIES The direct beneficiary of the feasibility study is the National Tripartite Dialogue Forum in Myanmar. The intended or ultimate beneficiaries are tripartite representatives of ILO constituents and other ILO stakeholders in Myanmar mandated with the facilitation of social dialogue and industrial relations in the Garment sector and other sectors of the economy. MARKET RESEARCH FRAMEWORK The link between industrial relations, social dialogue and labour administration Social dialogue and industrial relations are functions of labour administration. The general framework for labour administration is provided by Convention No. 150, which, together with Recommendation No. 158, defines the role, functions and organization of national systems of labour administration. Convention No. 150 provides for a coordinated and effective labour administration system that ensures appropriate cooperation with employers and workers regarding activities covered in more detail by other ILO instruments. Convention No. 150 defines the term labour administration as public administration activities in the field of national labour policy. It further defines system of labour administration to mean all public administration bodies responsible for and/or engaged in labour administration (Article 1), including ministerial departments and public agencies which have been set up by national laws and regulations to deal with labour matters, and the institutional framework for the coordination of their respective activities and for consultation with and participation by employers and workers and their respective organizations in the formulation and development of labour policy. Convention No. 150 identifies certain functions that systems of labour administration must carry out regarding labour protection, employment, industrial relations and services for the social partners. In carrying out these functions, the competent bodies shall participate in the stages of preparation, administration, coordination, checking and review of national labour policy (Article 6, paragraph 1). Recommendation No. 158 lays down more detailed provisions in the areas of labour standards, labour relations, employment and research in labour matters, which could be taken into account by member States in formulating policy. In 1997, the ILO Committee of Experts on the Application of Conventions and Recommendations noted that the list of functions enumerated in the Convention is not exhaustive. In addition to those indicated above, the General Survey of 1997 identified other principal labour administration functions, which are widely practised in many member States. These cover areas such as Occupational Safety and Health (OSH), social security, minimum wage fixing machinery and human resource development. The principle of tripartism is also enshrined in the Convention. Accordingly, the various functions of labour administration should be carried out in a spirit of consultation, cooperation and negotiation with the social partners.

4 Demarcation of the market boundaries for labour administration training From the above, it follows that the market for labour administration training covers ministerial departments and public agencies tasked with the facilitation of the labour market governance system, and the parties primarily concerned with compliance, namely business owners and workers. The market encompasses mainly training in themes linked to labour market governance, including but not limited to labour legislation, industrial relations, working conditions and labour administration system design & reform. For the purposes of the proposed feasibility study and to narrow down the focus of the assessment in line with the request from ILO Myanmar, the boundaries of the market research are defined as labour market administration training with thematic focus on industrial relations and social dialogue. Training is understood to comprise of group-based learning activities, delivered face to face or via the internet. These training activities can have short or long time duration, including onehour webinars and self-guided distance-learning modules through to year-long certificate courses. Training might be targeted directly at the customers, or be delivered via local intermediary organizations, in the latter case typically focusing on training of trainers working for labour administration training organizations rather than the training of labour administration officials. The meaning of a sustainable training institute in the context of this feasibility study In the context of this feasibility study, the term sustainability is defined as endurance over time, implying a dynamic state rather than a final outcome. A sustainable organization, in this understanding is an organization that continuously adapts to changing context and a result endures over time. A sustainable organization is an institution that performs at least satisfactorily along three dimensions: The Development (or technical) dimension of organizational performance relates to the capacity of the organization to provide goods or services that at least satisfy the expectations of its stakeholders. The Finance dimension of organizational performance relates to the capacity of the organization to generate revenue streams that at least equal its expenditures. The Governance dimension of organizational performance relates to the processes of interaction and decision-making among the actors involved in the organization. A distinction is made in the following between internal governance processes relating to interaction and decision-making among the employees of the organization, and external governance processes relating to interaction and decision-making between AR- LAC and its constituents. The three sustainability dimensions are separate but interlinked and mutually re-enforcing, i.e. in each dimension specific actions must take place to ensure dynamic balance while being mindful of circular cause-effect relationships playing out across dimensions. For the purpose of the proposed feasibility study, each dimension of sustainable organizational performance is in the following further specified along critically important result areas. For the dimension of technical performance, two result areas are defined, namely outreach and impact. Outreach relates to the number of customers reached by the organization while impact relates to the quality of the goods and services provided by the

5 organization. Impact is further specified by distinguishing two impact aspects potentially highly relevant for the work of MIRI, namely customer satisfaction with services rendered and new knowledge application rate after training. For the Finance dimension, two result areas are defined, namely income and costs. Income refers to membership fees, voluntary contributions, service charges and any other revenue streams while costs relate to any expenditure related to the operations of the organization, including both direct and indirect costs. For the Governance dimension, two result areas are distinguished for the purpose of this feasibility study, namely operational efficiency (doing things the right way) and effectiveness of external oversight mechanisms (doing the right things). In summary, a sustainable industrial relations training institute in Myanmar would need to be an organization that delivers high quality services to a critical mass of customers from the universe of ILO constituents and other ILO stakeholders, while generating revenues that at least meet its costs and while complying with standards of good governance. The feasibility study is to (a) propose a scenario for a training institute that fits the sustainability framework outlined above, and to (b) produce the evidence for ILO stakeholders to test its feasibility. RESEARCH METHODOLOGY The feasibility assessment in Myanmar will be under the lead of the ITCILO, in partnership with the ILO-GIP and the ILO-LLR. The current assignment, for a national consultant will support the ITCILO in collecting data and information from a variety of local stakeholders. The research findings will be processed by ITCILO with support from the national consultant. ITCILO will be accountable for producing the research report and to validate its conclusions and recommendations as part of a one day workshop in Yangon. The data collection will use a combination of quantitative and qualitative evaluation method: Quantitative methods Desk research: the systematic analysis of existing documentation, including quantitative and descriptive information about the activities of other labour administration training providers in Myanmar (market supply). Customer survey: An online survey of training needs and wants of Government Ministries, public agencies and the private sector in Myanmar (market demand). The questionnaire will be administered by way of an online survey on the basis of a pre-written and pre-coded questionnaire. Qualitative methods Interviews via telephone or face-to-face with key informants in ILO Myanmar and ILO Geneva, Government Ministries, public agencies and corporate businesses who might procure MIRI training services in future. A focus group discussion with one group of potential participants on which behalf the institutional clients might in future procure training services. Three case studies of current good practice in labour administration training in Myanmar.

6 IMPLEMENTATION PLAN AND EXPECTED OUTPUTS Illustrated below is the draft implementation plan and expected outputs for the assignment. Outputs By Desk research End of September 2018 Interviews and focus group discussions with key informants Online customer survey Focus group discussion Submission of the draft feasibility study Validation of the conclusions and recommendations of the feasibility study in Yangon Submission of the final report to the satisfaction of ITCILO and ILO Myanmar October October November November November November 2018 BUDGET AND PAYMENT TERMS The maximal amount the ILO will pay for this consultancy is US$5,000 for approximately 25 days worth of work. In addition, the consultant may be requested to travel inside Myanmar. The reimbursement of actual and reasonable economy class air-travel by the most direct route will be made subject to production of original receipt, flight tickets and boarding passes and will be covered by the ILO-GIP. Payment Outputs Amount (US$) First payment (20%) Upon the submission, to the satisfaction of the ILO of a desk review Second payment (40% ) Third payment (40%) Total Upon the submission, to the satisfaction of the ILO, of a report following a Focus group discussion Upon the submission, to the satisfaction of the ILO of a final feasibility assessment report QUALIFICATIONS Education First level university degree in economics, social sciences or a related field. Experience- Experience pertaining to industrial relations, labour issues. Prior experience in the design and implementation of market research on the supply with, and the demand for

7 labour administration and industrial relations training will be an advantage. Good understanding of the market for labour administration training in Myanmar; Knowledge of the Myanmar educational, legal and political contexts. Demonstrated credibility with labour administration training institutions in Myanmar. Demonstrated ability to interact with government officials, social partners and beneficiaries. Language The consultant should be fluent in English and Myanmar INTELLECTUAL PROPERTY RIGHTS All material developed during the course of this assignment remains the sole property of the ILO. DISCRETION CLAUSE The consultant and the ILO Yangon Liaison Office will take all necessary actions to protect any sensitive information they may come across while implementing this arrangement. APPLICATION The ILO is an equal opportunity employer. Individuals as well as organizations can signify their interest. Women and people with disabilities are encouraged to apply. All applicants must attach to their submission a two page statement highlighting how they would reach the objectives of the assignment. The application has to include a statement of the expertise of the applicant against the required experience mentioned above. Only short listed applicants will be contacted. Applications have to be sent to mont@ilo.org CLOSING DATE FOR APPLICATION IS 3 AUGUST 2018