International Labour Organization BUSY Project Consultancy Services in Kenya

International Labour Organization

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

Terms of Reference (TOR)

Consultancy Service for Assessment of Capacity of County Labour Inspectorate, and Relevant Agencies to Promote Safe and Decent Working Conditions in WBT Programs in Kilifi, Kitui and Busia Counties

KEN/16/04/USA

Donor Agency: United States Department of Labor (USDOL)

Executing Agency: ILO Country Office for Tanzania, Kenya, Uganda, Rwanda and Burundi

Implementing agency: State Department of Labor

Geographical coverage: Kenya

Assessment dates: July – September, 2019

Contract Type: ILO – External Collaboration Contact

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, 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.

II. Background and context of labour inspection in the informal sector.

4. The Constitution of Kenya reaffirms the government’s commitment to employment issues and advocates for decent work, freely chosen productive employment with fundamental rights at work, adequate income from work, representation and social protection. The government adopted Sessional Paper 2013 on Employment Policy and Strategy, a tool for facilitating the creation of decent, productive and sustainable employment opportunities, stimulating economic growth and socio-economic development.

The policy, among other goals, seeks to build a skilled, adaptive, self-reliant and enterprising labor force. It recognizes the piecemeal approach to implementation, void of a framework and tools for measuring the extent of employment creation.

Recent youth employment initiatives seek to increase employment opportunities for youth by influencing the dynamics of labor demand, labor supply and improving the match between supply and demand sides of the labor market. The initiatives mainly revolve around provision of vocational education and training, acquisition of skills and work training, enhancing entrepreneurial capacities, financing youth enterprises and increasing the employability of young workers to enable them take advantage of employment opportunities as labor demand increases.

5. In Kenya, the informal sector employment grew by 6.0 per cent from 13.3 million persons in 2016 to 14.1 million persons in 2017 with rural areas accounting for almost two thirds of the total jobs{ Economic Survey 2018. The informal sector employment in Kenya. Page 50 } . The informal economy is made up of a wide range of enterprises and workers. Microenterprises, which may only consist of one person (street vendors and artisans), as well as large companies and industrial complexes, are engaged in the informal economy, for reasons of both necessity and opportunity.

6. Labour inspectorates often lack the effective strategies they need to meet the challenges raised by the informal economy with respect to compliance with working standards. These challenges are linked to the very nature of the work itself and the difficulty of access to workers and workplaces – which are often concealed in private households or located in isolated areas, far from the public eye.

7. Effective systems of labour inspection are paramount for inclusive societies. Through labour inspection, governments engage with social partners and other relevant stakeholders to give effectiveness to national policies and legal frameworks on labour and working conditions. Labour inspection can help businesses progress by encouraging decent work and its competitive benefits, thereby helping to make fundamental social and economic human rights a reality for workers.

8. Youth often obtain their training through the informal apprenticeship system, whereby they gain practical skills under the instruction of Master Crafts Persons. In this sense, micro and small-sized enterprises operating in the informal economy provide easy access for a greater number of youth to receive skills training in both rural and urban settings. These are linked to labour market demand, allow school dropouts to enroll in vocational training schemes and are less costly for both beneficiaries’ households and government agencies. While informal apprenticeships provide the technical skills needed for paid employment, it is unclear if apprentices receive the skills they need to be successful at self-employment.

9. 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.

10. ‘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.

III. Methodology, scope and purpose

11. The study is envisaged to be a capacity assessment of labour inspectors, youth officers, and MCPs in Busia, Kitui and Kilifi Counties to promote safe and decent working conditions in WBT programs.

12. The main purpose are strengthening the inspection capacity and technical knowledge of the labour inspection system in promoting safe and decent working conditions in WBT programs. The specific objectives of this stud are :

a. Identify capacity issues amongst the labor inspectorate in the Counties;
b. Conduct training needs analysis of labour inspector to operate effectively in the informal sector;
c. Identify relevant training available to labor inspectors,;
d. Evaluate the availability and relevance of manuals, protocols and standards on working conditions e.g. occupational safety and health (OSH) used by labor inspectors.
e. Make recommendations on improvements to such materials, as necessary.
f. Find out gender and issues related to working conditions;
g. Find out HIV/AIDS issues related to working conditions and
h. Formulate recommendation and action to improve Labor inspectorate and relevant agencies capacity to supervise decent work conditions assessment.

13. The assessment should also identify the good practices and shortcomings of the labour inspectorate, taking into account the principles such as Conventions 1947 (No. 81) and 1969 (No. 129). { https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—safework/documents/publication/wcms_108570.pdf}

14. The scope of the assessment will be limited to Kilifi, Kitui and Busia Counties.

15. The assessment should be guided by the following questions:

a. What are the capacity issues amongst the labor inspectors, in Kilifi, Kitui and Busia counties, particularly in promoting safe and decent working conditions for the vulnerable and marginalized youth in the informal sector?
b. What are the training needs of the labour inspectors in Kilifi, Kitui and Busia Counties to operate effectively, particularly in promoting safe and decent working conditions for the vulnerable and marginalized youth in the informal sector?
c. What relevant training is available to labor inspectors?
d. How can the manuals, protocols and standards on working conditions e.g. occupational safety and health (OSH) used by labour inspectors be improved to facilitate inspection in enterprises operating in the informal sector where most vulnerable and marginalized youth acquire skills from?
e. What are the gender issues related to working conditions?
f. What are the HIV/AIDS issues related to working conditions?
g. What are the data collection and reporting tools available?
h. What administrative and legal issues that need to be addressed to facilitate inspection in enterprises operating in the informal sector? and
i. What recommendations and action are needed to improve Labour inspectorate and relevant agencies capacity to promote decent work conditions assessment in the informal sector and particularly focusing on the vulnerable and marginalized youth?

IV. Description of tasks

16. The consultant shall undertake the following tasks;

a. Design an assessment methodology and instruments, which must be reviewed and approved by BUSY Project and USDOL;
b. Gather information on the proposed questions in Paragraph 15;
c. Analyze collected data to answer questions posed in paragraph 15;
d. Based on the findings of the assessment, formulate a report that contains findings (including and not limited to number of current inspectors, (and by location), how many have been trained and when, the training materials available, training programs conducted (when, where) etc.) and recommendations and action needed to improve Labor inspectorate and relevant agencies capacity to promote safe and decent work conditions assessment, particularly in the informal sector; and

17. Gender equality, diversity and inclusion of vulnerable and marginalized youth should be explicitly addressed throughout the review.

V. Deliverables and timelines (indicative work program)

18. The assignment is expected to take 25 working days and is expected to be carried out between July – September 2019, as per the time allocation in the work schedule as follows:

Activity and Timeframe (Days)

  • Inception meeting – 1 Day
  • Preparation / Desk analysis – 3 Days
  • Actual study – 10 Days
  • Draft report – 5 Days
  • Stakeholders validation meeting – 1 Day
  • Revised and finalized report – 5 Days
  • Total: 25 Days

VI. Reporting Modalities

19. The Consultant will work under the overall guidance of the BUSY Project Director in close collaboration with the project focal persons at the Department of Labour. Introductions to the focal persons will be organized by BUSY team.

VII. Qualification and Education Experience

20. The Consultant should have an advanced University Degree in social sciences with a focus on labour issue, law, economics, social sciences, or related field; advanced degree is an asset;

21. At least ten years of experiences working in labour sectors; working experience of labour inspection is an advantage;

22. Sound knowledge, understanding on International Labour Standards, Labour Inspection roles and mandates of the ILO;

23. 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

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

a. Responsive technical proposal; and
b. Having received the highest score at qualification and experience.

Criteria and Maximum Points
a. Technical proposal – 65 Points
b. Qualification and experience
i. Academic qualifications – 5 Points
ii. Relevant experience – 15 Points
iii. Knowledge of labour sector and WBT – 5 Points
iv. Analytical and report writing skills – 10 Points
Total: 100

25. 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

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

27. 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 five (5) pages; and
iv. Sample report of a similar past assignment, carried out not more than 5 years ago.

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

E-mail: ndombi@ilo.org to reach not later than 5.00 P.M on 15 July, 2019.

Quoting “Capacity to supervise decent work conditions” on the subject line.

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Updated: July 3, 2019 — 9:41 pm