Terms of Reference. Consultant to develop reference handbooks/modules for trade unions

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1 Terms of Reference Consultant to develop reference handbooks/modules for trade unions Background Bangladesh is amongst the ILO s member states that have ratified ILO Conventions No. 87 and 98 on Freedom of Association and Collective Bargaining. However workers continue to experience a number of challenges to exercise their rights in establishing unions and to bargain their demands collectively with employers. The building collapse and factory fires in the garment sector (Rana Plaza and Tarzeen) in November 2012 and April 2013 highlighted many of the issues facing workers and their lack of voice relating to workplace safety and working conditions. The revision of labour legislation in 2013 following the Rana Plaza collapse introduced a number of measures that have made it easier to form trade unions. However, restrictions still exist and the learning curve for any union to effectively be able to operate and represent its members is long and steep. The ILO has undertaken a variety of initiatives to assist the Government and the social partners (unions and employers organization) to improve the laws, encourage social dialogue and support capacity building of the ILO constituents (government, unions and employers). This includes a workers education programme to enhance the institutional capacity of trade unions relating to workers rights, labour inspection and safety and health as well as to increase participation of workers in safety committees and unions in general. For organized workers, various issues need to be addressed in order for unions to effectively contribute to the improvement of the life and working conditions of workers and their families. These include the need for an enabling environment for unions to exercise with independence their right to organize and bargain collectively, improving capacity of leadership and union organization at workplace level, reflecting in the increase of the number of registered unions, paid membership, and collective bargaining taking into account better access for women in the union organization leadership, and enhancing trade union capacity to participate in decision-making process. Against this backdrop, the ILO s Improving Working Conditions in the Ready Made garment Project will hire a consultant who will work closely with ILO Dhaka s Workers Education Expert and Senior Communication Officer to prepare materials to be used as a reference for workers and trade union leaders/ organizers to address their challenges and to support capacity and organizational development, helping them become more relevant, independent, and professional and effective organizations. Objective(s) The overall objective is the development of Handbooks/Modules for Workers which will provide comprehensive and practical information in the following 10 thematic areas. 1. Workers organizing; 1 of 6

2 2. Union leadership and administration; 3. Collective bargaining and negotiation; 4. Dispute resolution and grievance handling; 5. Occupational Safety and Health (OSH); 6. Labour Inspection; 7. Workplace cooperation; 8. Gender and women organizing; 9. Policy development; 10. Workers Education. These will be used by workers and union leaders as a reference, to enable the organization to have better skills and capacity that would lead the union to be more independent, relevant, and professional. The materials would also help the labour union to better provide services as well as to contribute to sound social dialogue and industrial relations. In addition, the consultant will provide assistance in editing a Working Paper on the Current Situation of Trade Unions in Bangladesh that is being developed by the project. Scope of work The consultant will: 1. In consultation with the Workers Education Expert and Senior Communication Officer, discuss, compile relevant information and validate the themes of the materials of the handbook/ module covering the 10 thematic areas listed above. 2. Based on the Bangladesh context, prepare the handbooks/modules for workers/ trade union leaders/ organizers as well as other relevant stakeholders on the above thematic issues. Each module will consists of: Introduction and overview (background and context - with facts and key figures) Aims of the guide and how to use the materials Key information (definition and concept) of each thematic issue that workers/ union should know Case study/ good practice on the issue and examples (Bangladesh context) Regulatory framework; International standard (ILO) and framework (Bangladesh Labour Law and Rules) Tips/ Step-by-step / check list of action to be made in relation to the issue; and Further info / link to further reading material/ references 3. Integrate input/ feedback from stakeholders and other relevant ILO specialists/ experts to finalize the draft of the guideline/ module for publication. 4. Edit an English draft of a working paper on the Current situation of trade unions in Bangladesh that will be prepared by the ILO RMG Programme in line with the ILO House Style Guide. 2 of 6

3 Deliverables 1. Final draft of 10 handbooks/modules that should be simple and easy to understand, of approx. 5,000 words each covering the thematic issues with their outline as follows: 1. Workers organizing; Why should workers organize? Benefit of organizing workers; workers representativeness; how to organize workers; step by step for effective worker organizing; case study on organizing/ registering trade union in Bangladesh; registration process; International Labour Standards on freedom of association (C87 and C98), Workers Representativeness (C- 135); Bangladesh Labour Law/ Rules on workers organizing and union; representing members. 2. Union leadership and administration; Basic understanding of unions; union constitution, elements of strong, democratic and effective workers unions; the union role and function, structure and process, responsibility and accountability of elected leaders; electoral process of union leadership; trade union finance and managing membership dues; key elements of trade union leadership; governing and operating trade unions (including membership meetings); step-by-step in leading and administering effective workers unions. 3. Collective bargaining and negotiation; What is collective bargaining; why collective bargaining? What preparatory work is needed for collective agreement? Legal framework: ILS Convention 98 on Collective Bargaining and BLA/ Rules as basis for Collective Bargaining Agreement; Case study on the CBA in Bangladesh; Collective Bargaining Agent; difference between rightsbased and interest-based demands; coverage and time frame of collective bargaining agreements; what is negotiation? Options for negotiation and tradeoffs; documenting CBAs; the winning negotiation. 4. Dispute resolution and grievance handling; Basic concept and definition of dispute and grievance; what is dispute resolution and grievance handling? Grievances procedures; who is involved in dispute resolution and grievance resolution; causes and basic types of disputes and grievance; what the workers/ union should know on labour dispute and grievance handling mechanisms; mediation, conciliation and arbitration; 5. Occupational Safety and Health (OSH); What is hazard identification and risk assessment; key principles of OSH, International Labour Standards/ ILO Conventions on OSH and Bangladesh Labour Law on OSH; OSH Committee (obligation to establish OSH Committee at work place level depending of company size); employers responsibility on OSH; why should workers representative/ union be involved in OSH Committee; the role and function, structure and responsibility of workers/ union in OSH Committee; hierarchy of control and importance of what is reasonably 3 of 6

4 practicable in OSH; 10 important things/ activities that workers/ unions can do in dealing with OSH. 6. Labour Inspection What is labour inspection; what is the role of unions in relation to labour inspection mechanism, particularly for sharing info and monitoring? The principle of labour inspection; International Labour Standards and BLA/ Rules on the role of labour inspection (ILO Convention No.8).Check list of labour inspection mechanism and exercise that workers/ union should know and understand. 7. Workplace cooperation Key definitions of workplace cooperation; who is involved in workplace cooperation? Workers representative/ electoral process of workers for the workplace cooperation. Scope of workplace cooperation; trade union/ workers representative role in workplace cooperation; how should workplace cooperation work? Balancing between welfare distribution and productivity. 8. Gender and women organizing The difference between sex and gender; why gender matters? Why women should organize? Gender inequality related issues; International Labour Standards (ILO Convention) and BLA on gender issues; case study on gender inequality and issues in Bangladesh context; step by step action in organizing women in a union, Practical steps for gender affirmative action and mainstreaming. 9. Policy development Why trade unions have to be involved in public policy development; how to identify and prioritize the issues/ challenges and set an objective(s)/ targets; how to formulate strategy drawing from identified policy and implementation gap; to ensure democratic decision making process for policy options are in place and to communicate trade union concern effectively and influence the policy makers for workers/ union friendly public policy. 10. Workers education and training Why education for unions is crucial; active learning (participatory adult education) to organize workers and build the union organizational capacity; Applying MOMTRAP (Multi sense of learning, overlearning; meaningful materials, transfer of learning, reinforcement, active learning and primacy & recency (first & last) method for education and training programme for union.; defining aims and objectives for education and training programme; and preparing learning sessions for union members, this includes step-by-step to organize effectively workers education and training programme. 2. Edited working paper on Current situation of RMG Union in Bangladesh 4 of 6

5 Material support ILO will provide all necessary documentation and material to assist in drafting each of the booklets as well as technical support and guidance on relevant content. Location of work The work will be home based and can be carried out from any location as long as it is possible to hold regular online sessions to discuss progress. It is not envisaged that this work will need travel to Bangladesh for any consultant based elsewhere. Days of work S/L Specific Deliverables No. of Working days required Payment Schedule in % 1 Drafting and editing of 10 (ten) handbook/ module (1 to 10 modules) 50 working days (10 modules X 5 Days) 92.5% 2 Review and editing working paper on Current situation of trade union 4 working days 7.5% in Bangladesh and its future development (Prepared by the ILO RMG Programme) Total Timeline Item Deadline Handbook modules 28 February 2017 Editing of working paper 31 December 2016 Request for expression of interest The ILO invites qualified candidates interested in undertaking this work to submit their expression of interest by providing the following: Motivation letter highlighting relevant experience CV Samples of previous work of a similar nature Daily rate Eligibility Criteria A first degree in labour relations, industrial relations, law, communications, journalism or other relevant subject At least five years working with or to support trade unions Demonstrable experience of writing training guides or similar materials that are able to effectively convey complex issues in simple and easy to understand language Ability to write and edit English language to native speaker standard 5 of 6

6 Submission of interest Qualified candidates should submit their expression of interest to by 8 November of 6