National Consultant to draft Minimum Wage Fixation and Employment Regulations Policy

As a part of the implementation of Revitalized Transitional Government of National Unity (R-TGONU), the Ministry of Labour was separated with the Ministry of Public Services and Human Resource Development. With aim to promote employment opportunities in the local economy, the Ministry of Labour has been engaging with private sector and organized series of consultation meetings. Throughout the consultation meetings, the Ministry of Labour acknowledged the crucial role of regulatory frameworks including relevant policies to enable the improve labour market and private sector development that contribute the South Sudan’s inclusive economic growth. The Ministry of labour came into conclusion that adequate regulatory framework must be put in the place that enable effective facilitation to the private sector including potential foreign direct investor. Currently, UNDP is being implemented Youth Empowerment and Employment through private sector and Value Chain Development project in close coordination and partnership of the Government of South Sudan, Ministry of Labour in different five states in the country- Yambio, Torit, Bor, Rumbek. In this stage Renovation, Establishment and operationalisation of the Vocational Training Centre becoming pivotal for the employment promotion with enhanced productivity in the country by utilizing local resources. In this connection, technical assistance to the government line agencies at national and state level will add advantage in accelerating result-based programming.   On request of the Government of South Sudan, Ministry of Labour, the UNDP agreed to extend possible technical assistance to the Ministry in the prioritized area of the policies and regulatory framework as mentioned below:

1. Separation and Review of the Ministry’s Five years Strategic Plan
2. Formulation of policy on Occupational Safety and Health
3. Formulation of policy on Minimum Wages
4. Formulation of Regulations on Employment,
5. Review of the validated Policy on Vocational Training and Skills Development

In this context, the Ministry of Labour in partnership with UNDP South Sudan seeks to procure the expertise of the qualified consultants both nationals and internationals   to review and drafting South Sudan’s Labour Standard including Minimum Wage and Employment Regulations. These policies will provide an enabling environment to increase employment and productivity of the economically active labour force.

With aim to perform above policy and regulatory framework, the Directorates in the Ministry of Labour is working collaboratively and leading the initiative through the Directorate of Policy, Planning and Labour Statistics which is principal for technical guidance; and processes for policy formulation; implementation; for the establishment & maintenance of Labour Market Information Systems; development of labour employment and standards & guidelines.

Purpose of the Consultancy
The purpose of the assignment will be focused in providing technical support and guidance to the Directorate of Policy in drafting and review of national regulatory framework on minimum wage and employment regulations in South Sudan. The lead Consultant (international) with the support of assistant consultant (national) will work closely with the Director Generals of Labour and Industrial Relations and Director General of Policy, Planning and Labour Statistics and other concern staffs to this effect. The Consultants will ensure that regulatory framework (policies on minimum wage and employment regulations) are developed consistent with the Labour Act 2017, and International Labour Organisation (ILO) standards. 

Objective of the Consultancy

• The main objective of the Consultancy is to draft Minimum wage fixation and employment Policy in South Sudan.

Duties and Responsibilities

• Support international consultant to Prepare detail work plan in close consultation of concern focal person in the Ministry of Labour and the UNDP South Sudan
• Conduct desk study which includes review of related laws, bi laws including related policies such as industrial policy, company act and relevant guidelines
• Review of ILO labour standards related to decent work and minimum wages
• Review of ILO relevant conventions and integrate in the draft document
• Support international consultant in drafting comparative study of at least five policies of different developing and developed economics that reflects formulation process to inform stakeholders and extract good practices and incorporate in the drafting process
• Assess living cost in urban, peri-urban and remote settlements through secondary information and expert consultations
•  Map related stakeholders and conduct consultation meetings- Government line agency and ministries, Private sector including national and state level Chambers of Commerce and Industry, Trade representatives, sectoral business associations, law firms and advocacy group, Women Entrepreneurs forum, PWDs organisation, representative donor agencies and other concerns
• Prepare the content of the policy and regulation paper which guides information collection and dissemination
• Perform sectoral SWOT analysis documents based on evidence-based information
• Conduct policy dialogues that includes agendas settings, constraints and anticipated opportunities
• Draft preliminary policy documents including section, Sub-section and appendices
• Collect feedback from Ministry of labour and UNDP
• Incorporate feedback in the draft policy document from the multi-stakeholders- National level
• Submit final draft to the Ministry of Labour and the UNDP
• Prepare final assignment report including policy development process, lesson learnt and practices as well as a piece of knowledge product.

Deliverables

The consultant will deliver key documents mentioned below:

• Policy workshop and stakeholders dialogue proceeding reports
• Comparative policy analysis report
• A complete set of Policy paper of Labour Standard including minimum Wages and Employment regulations as well as annex of each section.
• • A final assignment report including knowledge product and adopted process in preparing policy documents.

Corporate Competencies

Professionalism

• Demonstrates professional competence and expertise of the subject matter.
• Demonstrates experience in the subject matter.
• Demonstrates ability to negotiate and apply good judgment.
• Shows pride in work and in achievements.
• Is conscientious and efficient in meeting commitments, observing deadlines and achieving results.

Planning & Organizing

• Organizes and accurately completes multiple tasks by establishing priorities while taking into consideration special assignments, frequent interruptions, deadlines, available resources and multiple reporting relationships.
• Plans, coordinates and organizes workload while remaining aware of changing priorities and competing deadlines.
• Establishes, builds and maintains effective working relationships with staff, partners and beneficiaries to achieve the planned results.

Communicating Information and Ideas:

• Facilitating and encouraging open communication in the team, communicating effectively;
• Delivers verbal/written information in a timely, clear, organised and easily understood manner;
• Strong communication skills and the ability to listen and take direction and leadership from others.

Self-Management & Emotional Intelligence:

• Creating synergies through self-control, and tolerates conditions of stress, uncertainty or ambiguity and continues to maintain a positive outlook to work productively.

Other Corporate competencies:

• Ability to establish effective working relations in a multicultural team environment;
• Excellent supervisory, team building, diplomatic and interpersonal skills
• Resourcefulness, initiative and maturity of judgement.
• Strong communication and advocacy skills;
• Ability to work in a complex environment requiring liaison and collaboration with multiple factors;
• Ability to demonstrate sensitivity, tact and diplomacy;
• Excellent analytical, organizational and negotiation skills, especially resource management systems;
• Excellent networking skills.

Education

• Master’s degree in public Policy, Business Administration, Industrial Relation, Law, Public administration or any related fields from recognized University or institution; PhD in Public policy would be preferable.

Experience

• At least 7 years of professional experience related to labour and industrial relation as well as labour policy development
• Familiarity with labour market issues and dynamics in South Sudan
• Well versed on coordination, collaboration and Partnership building in complex socio-political context with diverse stakeholders
• Work experience on tripartite mechanism with private sector including Chamber of Commerce and Industry, Trade Union and government line agencies is highly preferable.

Language

• Proficiency in written and spoken English.

Institutional arrangements

• The consultant can make use of the Government of South Sudan, Ministry of Labour and UNDP South Sudan country office in Juba   and is expected to use his own computer/laptop and cell phone.
• The consultant will be contracted for 3 months.
• The consultant will report to the Senior Program Advisor in UNDP and Director General Ministry of Labour, who will review and approve delivery of outputs.

Payment Schedule

• Inception report including desk policy review report. 10%
• A complete set of Policy paper of Labour Standard including minimum Wages and Employment regulations as well as annex of each section.40%
• A final assignment report including knowledge product and adopted process in preparing policy documents.50%

The available starting date and fees of the assignment which is subject to negotiation should be clearly stated in the Letter of Interest. Applications should be received no later than 30 December 2020.

Technical proposal shall comprise of the following:

• Letter of Confirmation of Interest and Availability using the template provided by UNDP
• Personal CV or P11, indicating all prior experience with similar projects, as well as the contact details (email and telephone number) of the Candidate and three (3) professional references
• Brief description (max. 1 page) of why you consider yourself as the most suitable for the assignment, and a methodology (max. 1 page) for how you will approach and complete the assignment

Financial proposal: Indicating the all-inclusive, fixed total contract price, supported by a breakdown of costs.

Consultancy Evaluation Criteria

• Offers received will be evaluated using a Combined Scoring method, where the qualifications and Required Skills and Experience will be weighted 70%, and combined with the price offer, which will be weighted 30%.

Technical evaluation criteria
Criteria to be used for rating the qualifications and Required Skills and Experience is outlined below:

• Qualifications of the candidate in the required area or course applied for: Master’s degree in public Policy, Business Administration, Industrial Relation, Law, Public administration or any related fields from recognized University or institution; PhD in Public policy would be preferable. (20%).
• At least 10 years of progressively responsible experience working on at least 10 years of professional experience related to labour and industrial relation as well as labour policy development and similar issues. (20%).
• Substantive and technical expertise in the areas mentioned in the criteria (20%).
• Extensive experience of providing policy advice (including report writing) at international level  (10%).

NOTE: Only candidates obtaining a minimum of 49 points in the Technical Evaluation will be considered for the Financial Evaluation.

Financial evaluation (total 30 points)
All technically qualified proposals will be scored up to 30 based on the formula provided below. The maximum points (30) will be assigned to the lowest financial proposal. All other proposals receive points according to the following formula: p y (/z)
Where:

• p = points for the financial proposal being evaluated
• y = maximum number of points for the financial proposal price of the lowest priced proposal
• z = price of the proposal being evaluated.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.