ILO Workplace Based Training Programs Review Consultancy in Kenya

               

International Labour Organization

Better Utilization of Skills for Youth through Quality Apprenticeship (BUSY Project)

KEN/16/04/USA

Terms of Reference (TOR)

Consultancy Service for Review of Relevant Regulations Supporting Workplace Based Training Programs in Kenya

Donor Agency: United States Department of Labor (USDOL)

Executing Agency: ILO Country Office for Tanzania, Kenya, Uganda

Implementing agencies: Governmental Agencies, Workers Organization (COTU-K) and Employers’ Organizations (FKE).

Geographical coverage: Kenya

Assessment dates (indicative): May – July, 2019

Contract Type: ILO – External Collaboration Contract

I. Project overview

1. The Better Utilization of Skills for Youth through Quality Apprenticeship (BUSY project) is a four year initiative being financed by the U.S. Department of Labor (USDOL), and implemented by International Labour Organization (ILO) in partnership with the Ministry of Labour, the Federation of Kenya Employers (FKE) and the Central Organization of Trade Unions (COTU-K).

2. The overall project goal is to increase decent job opportunities and employability of young people, thereby addressing unemployment, vulnerability and poverty in urban and rural settings. The project’s objective is to improve the capacity of Kenyan government, employers’ and workers’ organizations, and civil society organizations to establish and expand workplace-based training programs with a focus on vulnerable and marginalized youth {Vulnerable and Marginalized Youth (VMY)’ refers to youth ages 16-24, in particular adolescents 16-17 years old, at or above the legal working age, who are engaged in or at risk of engaging in hazardous}, in particular adolescents at or above the legal working age who are engaged in or at risk of engaging in child labor.

3. The BUSY project is expected to achieve the following three long-term outcomes:

  • Laws or policies supporting quality workplace-based training opportunities for youth in Kenya, including vulnerable and marginalized youth, are improved and / or implemented by key stakeholders;
  • Kenyan government, employers’ and workers’ organizations, and other stakeholders implement best practices related to workplace-based training for youth, including the most vulnerable and marginalized; and,
  • The quality of existing public and private programs in Kenya that provide vulnerable and marginalized youth with prerequisite skills to enter workplace-based training programs is improved.

4. Towards achievement of outcome one, the project is offering technical support to key government agencies, constituents and other relevant bodies in respect of the negotiation, formulation and implementation of laws (and other specific measures that complement the legal framework) on workplace-based training for adolescent young men and women. The project is supporting the review of relevant regulations and policies on youth employment and workplace-based training, specifically, relevant regulations governing apprenticeships.

II. Background and Context of Workplace Based Training Programs in Kenya

5. Industrial attachment (similar in design to apprenticeships) is one of the industrial training programs outlined under the Industrial Training Amendment Act CAP 237, 2012. However, while industrial attachments are based on students being placed in formal enterprises to gain knowledge and practical skills. Most apprentices in Kenya are trained under the guidance of Master Craftpersons in the informal sector.

6. Currently, the formal TVET system in Kenya lacks the capacity to absorb the numbers of young people coming into the labour market and lacks overall relevance to the labour market. Consequently, young women and men often obtain their training through the informal apprenticeship system. Ideally apprentices are directly recruited by and gain practical skills under the instruction of the employer or Master Craftpersons.

In this sense, the informal economy provides easy access for a large number of youth to receive skills training in both rural and urban settings, linked to labour market demands. This allows for school dropouts to enroll in vocational training schemes that are less costly for both beneficiaries and government agencies alike. But there are challenges with this system of training, which can be addressed through support to transitioning informal apprentices into the formal economy.

7. From the findings of both the workers and employers studies, conducted by FKE and COTU, the quality of skills gained through informal apprenticeships vary substantively from one provider to the other due to lack of uniform training standards, variations in technology and facilities offered by the Master Crafts persons, lack of structure of training activities, differences regarding knowledge, skills and productivity of Master Crafts persons and lack of a mechanism / body that oversees / ensure the quality of training being provided. Likewise, trainees’ learning is not certified upon completion, impeding the recognition of their learning by third parties.

This makes it difficult for youth to transition into employment in the formal sector. Informal apprentices are more vulnerable to exploitation (e.g. the risk of being used as cheap labor in small enterprises, or receiving incomplete knowledge that does not allow them to work efficiently in a trade) or decent work deficits such as poor working and/or OSH conditions, limited social protection, and their “training period” may in some cases be extended indefinitely or “continue” on the basis of poor pay.

III. Rationale, Scope and Purpose

8. The GOK in 2014 established a National Industrial Training Authority (NITA), taking over responsibility from the Directorate of Industrial Training, established under the Industrial Training (Amendment) Act of 2011. NITA has the mandate to promote the highest standards in the quality and efficiency in industrial training in Kenya and to ensure an adequate supply of properly trained human resources at all levels in industry.

9. A review of relevant laws and policies supporting quality WBT Programs in Kenya done by BUSY project identifies gaps of policies, laws and regulations supporting WBT addressing the pillars of quality apprenticeship systems as envisaged by ILO {Upgrading informal apprenticeship A resource guide for Africa by ILO you can find it at: https://www.ilo.org/wcmsp5/groups/public/@africa/@roaddis_ababa/documents/publication/wcms_171393.pdf and www.ilo.org/skills/pubs/WCMS_607466/lang–en/index.htm}.

10. The purpose and scope of this study is therefore to review the Industrial Training Act Cap 237 and other WBT related policies such as the Kenya National Qualifications Framework (KNQF) act no. 22 of 2014 (and KNQF Regulations, 2018) which currently does not take occupational skills developed through apprenticeships, including informal apprenticeships into account.

The intentions of this review is provide provisions and incentives for employers, both in the formal and informal sector, to take on and train apprentices. This would ensure that the role of the employers is defined and incentives anchored in law through a framework for recognizing prior learning, including additional skills learnt through apprenticeships.

11. The findings of this review will contribute towards the development of a National Skills Development Policy and a National Skills Development Council.

IV. Description of tasks

12. The consultant is expected to undertake the following tasks:

i. Work with NITA and NQA to conduct an assessment on Industrial Training Act Cap 237 and other WBT related policies such as the Kenya National Qualifications Framework (KNQF) act no. 22 of 2014 (and KNQF Regulations, 2018) to establish contribution towards occupational skills development through (in)formal apprenticeships.

ii. Identify genuine areas for review through discussions with stakeholders.

iii. Develop recommendations for review of Industrial Training Act Cap 237 and regulations in compliance with relevant international standards and requirements such ILO standards.

iv. Prepare a comprehensive report with analysis of existing gaps and genuine needs, and formulate specific practical recommendations for improvement of Industrial Training Act Cap 237 and other WBT related policies such the Kenya National Qualifications Framework (KNQF) act no. 22 of 2014 (and KNQF Regulations, 2018).

v. Deliverables and timelines (indicative work program)

13. The assignment is expected to take 30 working days and is expected to be carried out between May-July 2019.

VI. Reporting Modalities

14. The Consultant will work under the overall guidance of NITA, NQA and the BUSY Project Director.

VII. Qualification and Education Experience

15. The Consultant should have relevant legal qualifications at Master level, including legal review and drafting skills;

16. The consultant should also have at least 10 years’ experience in carrying out similar assignments, with a good understanding of qualitative and contextual assessments of policies, legal frameworks, particularly desk study methodology and documents analysis.

17. Experience in Labour and Training sectors policy development, as well as demonstrated ability to draft analytical reports would be an added advantage.

18. The consultant should have the following competencies:-

a. Excellent research skills;

b. Excellent English writing skills; and

c. Ability to work independently.

VIII. Evaluation Criteria

19. The selection of the consultant will be based on :

a. Responsive technical proposal; and

b. Having received the highest score at qualification and experience.

ILO WBT Regulations

20. Incomplete application and applications received after the deadline will not be considered. Only selected candidates will be notified, not later than 2 weeks after close of applications deadline.

IX. Contract terms and application process

21. The contract terms, deliverables and payments shall be guided by ILO’s IGDS Number 224 (Version 1) on External Collaboration consultancy assignments.

22. Interested and qualified candidates should submit their applications which should include the following:

i. ILO Personal History Form (Template to be provided);

ii. Curriculum Vitae with at least three (3) relevant referees;

iii. Technical Proposal for implementing the assignment not more than ten (10) pages; and

iv. Sample report of a similar past assignment, carried out not more than 5 years ago.

23. Qualified candidates are requested to email their applications to;

E-mail: ndombi@ilo.org to reach not later than 5.00 P.M on 30th April, 2019.

Quoting “Review of WBT Regulations” on the subject line.



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Nairobi

Nairobi, Kenya
N/A

Nairobi County

Kenya
Legal and Corporate Affairs, NGO and UN
Updated: April 23, 2019 — 9:30 am