Terms of Reference for National Consultant to undertake
Gaps Analysis Study
Domestic Workers Convention, 2011(No. 189)
Pakistan has ratified 36 ILO Conventions including all eight fundamental Conventions, two out of four Governance Conventions and 26 Technical Conventions. Last Convention was ratified in 2006.
In its meeting in March 2020, the Federal Cabinet of Pakistan reviewed 39 ILO Instruments that were put up for necessary consideration and action, and decided to ratify four (4) new ILO Conventions – including the ‘Domestic Workers Convention, 2011 (No. 189)’. Subsequently, the Ministry of Overseas Pakistani and HRD thru its letter No. 4-27/2015-ILO-I, dated: 15th April 2020, requested ILO for technical support in undertaking ‘Gaps Analysis’ before a formal decision to ratify the Convention.
Domestic Workers Convention – A brief introduction
Domestic workers comprise a significant part of the global workforce in informal employment and are among the most vulnerable groups of workers. They work for private households, often without clear terms of employment, unregistered in any book, and excluded from the scope of labour legislation. Currently there are at least 67 million domestic workers worldwide, not including child domestic workers and this number is increasing steadily in developed and developing countries. Even though a substantial number of men work in the sector – often as gardeners, drivers or butlers – it remains a highly feminized sector: 80 per cent of all domestic workers are women.
Their work may include tasks such as cleaning the house, cooking, washing and ironing clothes, taking care of children, or elderly or sick members of a family, gardening, guarding the house, driving for the family, and even taking care of household pets.
At present, domestic workers often face very low wages, excessively long hours, have no guaranteed weekly day of rest and at times are vulnerable to physical, mental and sexual abuse or restrictions on freedom of movement. Exploitation of domestic workers can partly be attributed to gaps in national labour and employment legislation, and often reflects discrimination along the lines of sex, race and caste.
On 16 June 2011, workers, employers and governments came together to adopt ILO Convention No. 189 on decent work for domestic workers. The Convention provides comprehensive set of rights for the Domestic Workers working in different settings of full-time, part-time and live-in arrangements.
Domestic Workers Situation of Pakistan
In Pakistan more than 8.5 million Domestic Workers – working in different settings. The first Domestic Workers’ Unions was registered by the Department of Labour Punjab under the Punjab Industrial Relations Act (2010) on 20th December, 2014. There are currently 235 members, 225 of whom are women including the President Ms Komal and the Vice President, Ms Shamshad Merry.
The Punjab Assembly, after commendable guidance and some pushing from the Lahore High Court, passed the Punjab Domestic Workers Act 2019 in January 2019. The Act brings employment in the hitherto unregulated domestic sphere within the ambit of the law – mandating the registration of domestic workers and employees with the Punjab Employees Social Security Institution (PESSI), and necessitating the issuance of a letter of employment specifying the nature of work and wages.
Gaps Analysis – Domestic Workers’ Convention, 201 (No. 189)
ILO intends to engage a Technical Consultant to undertake a Gaps Analysis by reviewing existing legislative and institutional infrastructure and after getting inputs all important stakeholders – to see where Pakistan stands on various provisions of the Convention No. 189 on Domestic Workers.
The Consultant will be required to have a detailed review of existing legislations related to Labour, Industrial Relations, Wages and Rights and look at various institutional arrangements to ensure compliance with and application of such legislations. The Consultant will also consult tripartite partners (particularly Domestic Workers, etc); existing institutions, and other stakeholders (e.g., Academia, Civil Society Organizations, etc) and identify key areas to be improved. The Technical Consultant will be required to study/examine following important measures which could be taken in to consideration before ratification of Convention:
- Review existing laws, policies and regulations related to Domestic Workers and see if it is aligned to the Convention and identify areas to be improved;
- Review existing institutional arrangements and technical capacities to ensure compliance with and application of national legislation as well as reporting on international commitments already ratified by the country and identify areas to be improved;
- Discuss with employers and workers – particularly domestic workers – to assess current level of alignment with Domestic Workers Convention and identify areas to be improved;
- Discuss with academia and civil society organizations – particularly the ones working on the subject of Informal Economy Workers / Domestic Workers – to identify areas to be improved in line with Convention;
- To review reporting requirements of the C-189 and see capacity of Government (Ministry of OP&HRD and Provincial Departments of Labour) to adequately report on the Convention and identify gaps for improvement.
Terms of Reference for Technical Consultant
The Consultant will be required to undertake following assignments:
- Desk review of Convention, legislation, policies, regulations, institutional arrangements, technical capacities, and other related documents - both global as well as from Pakistan;
- Develop an outline of Gaps Analysis study – adequately covering all areas mentioned above;
- Undertake individual consultations with all relevant stakeholders (Federal Ministries, Provincial Governments, relevant Institutions, Employers and Workers’ Organizations, particularly Domestic Workers and their union; existing Institutions, Academia / Experts; and Civil Society Organizations);
- Develop a draft Gap Analysis Report;
- Undertake a validation workshop with all tripartite-plus stakeholders and get feedback;
- Finalize the Gap Analysis Report.
The Consultant is required to provide number of workdays for completing this assignment.
Consultant will be required to deliver the following (see Annex-1):
- After literature review, share draft ‘Gaps Analysis Outline’ for technical review and inputs by ILO and Ministry of OPHRD;
- After completing stakeholders consultations, share draft ‘Gaps Analysis Report’ for technical review and inputs by ILO and Ministry of OPHRD;
- Provide a final Gaps Analysis Report after incorporating all inputs by stakeholders (in validation workshop) and ILO.
- Consultant will be responsible to:
- Bring/procure required technical expertise for all elements of the study;
- Identify most relevant and recent literature and tools related to the subject;
- Develop mechanisms to effectively consult relevant stakeholders and get adequate benefits in a respondent-friendly manner;
- In view of travel restrictions and other SOPs due to COVID-19 pandemic, make sure to use appropriate technologies and means of communication that suits the requirements of relevant stakeholders;
- Make a presentation on proposed Gaps Analysis Report for validation workshop;
- Ensure timely submission of deliverables;
- Ensure full compliance with ILO and stakeholder inputs in the Gaps Analysis Report;
- Share all important legislations, regulations, documents and information obtained during consultancy assignment, which are not available online, with ILO;
- Take all necessary measures to complete the assignment within given resources and timeframe;
- ILO will be responsible for;
- Prepare a contract for the Consultant and making necessary payments on different intervals – based on deliverables;
- Provide an introductory letter to Consultant – which will help him/her to introduce to relevant stakeholders;
- Provide contact details of various relevant stakeholders;
- Where possible, extend support in facilitating meetings with relevant stakeholders;
- Provide technical inputs on outline, and draft Strategy within a reasonable time;
- ILO will manage the ‘Validation Workshop’. If, due to COVID-19 lockdown situation, the workshop has to be online, ILO will provide IT platform for meeting. In case of face-to-face meeting, ILO will manage the entire event including content, venue, and logistics etc.
- COVID-19: Consultant will be required to fully comply with applicable UN and Government regulations and SOPs for prevention against spread of COVID-19 and organize work in such a way to ensure safety of self and other stakeholders.
- Security: As per new UN regulations, if the assignment includes traveling to any city other than Islamabad, Lahore or Karachi, the Consultant will have to complete a special Security Training Course (SSAFE) preferably before starting the assignment. ILO will facilitate enrollment of Consultant to the course (and will pay for the course) – but these training days will not be paid by ILO.
- Reporting: Consultant will be required to report only to ILO. All materials produced by Consultant will be reviewed by ILO for technical quality assurance and will be shared with Government as ILO product.
Required Qualification and Experience
The Consultant should have the following qualification and experience:
- Post-graduation in social sciences or subjects related to Labour Laws, Industrial Relations, etc;
- Minimum 10 year experience of dealing with matters related to Labour and Industrial Relations - either in Pakistan or abroad;
- Must be well aware of institutional and organizational situations of domestic workers and informal economy workers’ issues, Industrial relations, and labour administration system in Pakistan;
- Previous work experience with UN System in general and with ILO in particular, will be added advantage;
- Strong competence to use computer and office-related software;
How to submit:
Interested individuals are requested to submit the Expressions of Interest, along with following supporting documents (duly dated and signed) through email to: firstname.lastname@example.org, cc: email@example.com by Thursday, 2nd July 2020.
- Clearly mention the title of ILO Convention in your email subject, for which you applying ;
- Provide CV or profile of the individual
- Provide brief methodology to carry out the assignment (not more than 1 page);
- Number of workdays required to complete this assignment
- Fee per day (in PKR) – exclusive of all taxes and other expenses
Any offer received after the official closing time and date will not be accepted.
Questions and replies:
Should you have any questions, please contact us at the latest by date only by email (firstname.lastname@example.org; cc email@example.com) quoting the RFQ reference.
The Consultant will undertake the study, and produce a report (electronic and print, English) that will contain the following parts:
A brief overview of the situation of domestic workers in the country, highlighting trends and issues
Presentation of the relevant labour, employment and social security laws, regulations, collective agreements and other measures regarding workers in general and domestic workers in particular, and assessment of these legal provisions and measures as regards to their implementation of the provisions of Convention 189 and Recommendation No. 201. The report should structure Part II into thematic chapters along the subject matters addressed in these instruments.
(See Table on: https://www.ilo.org/islamabad/aboutus/WCMS_748997/lang--en/index.htm)
Each thematic chapter will present relevant national law, regulations or other measures, as well as relevant national institutions; identify gaps vis-a-vis C.189, if any, and discuss possible ways of addressing these gaps.
A summary of areas of conformity, gaps between national laws and regulations, collective agreements and other measures, and C189, as well as issues and areas for improvement, for example in the matter of compliance or enforcement; and a set of recommendations for feasible actions, which go beyond compliance with minimum requirements, in the medium and longer-term, as a basis for drafting a plan of action. Add a small section on observations regarding relevant issues raised in the draft revised labour law and labour law.
The Consultant will deliver two presentations to constituents (electronic and print):
- a presentation of preliminary findings at a tripartite validation meeting to seek comments on a draft report; and
- a presentation of the final report at a tripartite meeting with the a view the adoption of a national plan of action towards ratification and implementation of the Convention.
The draft report will be reviewed by Ministry of OP&HRD, ILO Islamabad and ILO INWORK (Geneva). The Consultant will produce a final report on the basis of comments provided by ILO on the draft report and results of a tripartite validation meeting on the draft report.