TERMS OF REFERENCE TO CONDUCT BASELINE SURVEY ON LABOUR STANDARDS AND CAPACITY NEEDS ASSESSMENT OF EMPLOYEES AND EMPLOYERS’ LABOUR RIGHTS FOCUS IN RIFT VALLEY OF RWANDA

ABOUT COSYLI

COSYLI (CONSEIL NATIONAL DES ORGANISATIONS SYNDICALES LIBRES AU RWANDA) was created in 1991, enregistered by ministerial of labour(MIFOTRA) on 24/12/19966 and received the legal status on 01/05/2002 with published in official journal n^o 9 of 01/05/2002. COSYLI is Trade Union Federation has thirteen (13) affiliated Trade Unions actually, with a progressive membership of thirty-one thousand two hundred fifty-six (31256) workers in different working sectors across the country.

By its own nature and constitution, COSYLI is an inclusive and non-political organization that only represents and organizes members according to their professions and believes that they should be given the same rights and opportunities regardless of political affiliation, gender, age, disability, religion, …

VISION

COSYLI vise solidarity, democracy, integrity, justice and equity

MISSION

Our main principal mission is to promote, to defend the rights and interests of workers by education and consolidation of trade Unions members.

OBJECTIVE

Our main objective is to promote solidarity and fraternity of the workers, and improve the generals’ conditions of the work.

CONTEXT

The basic insight in the ILO Constitution is that it is through institutions and rules that nations, societies and communities organize themselves. And that labour and employment are fundamental to human economic activity and development. National policies, both for employment and in others areas, depend on these institutions and on the sets of rules developed for their implementation. Institutions complement policies and economic growth and development are essential to protect and promote human rights, including rights at work and the right to work.

Labour law aim to protect workers from arbitrary, unfair, or discriminatory actions by their employers (their monopsony power) while addressing potential market failures stemming from insufficient information and inadequate insurance against risk.

In the aftermath of the global economic crisis, the achievement of full, productive and freely chosen employment and decent work remains an elusive goal for many countries. Growing levels of international economic integration in the context of economic and financial globalization have given rise to increased eco nomic volatility, job insecurity, labour market vulnerability and inequality in both developing and industrialized countries. The level of precarious employment remains high in many developing countries.

Ensuring access to productive employment, income opportunities and decent work for all those who are seeking employment remains the most effective pathway out of poverty .However this is yet to be achieved in many countries in the continuing context of JOB POOR economic growth.

RATIONALE

Rwanda had ratified 34 ILO Convention which include all the eight (8) fundamental Conventions, two (2) of the four (4) governance Convention and (22) Technical conventions. Rwanda labor relations are governed and regulated by the LAW N0 66/2018 of 30/08/2018 regulating labor in Rwanda and its Application orders.

The Labour law provides fundamental rights, contract of employment, conditions of work, employment duration, works prohibited for children, pregnant and breastfeeding women, remuneration, health and safety at workplace, professional redeployment and employment of the disabled people, employers’ and workers ‘professional organizations, labour conventions and internal rules and regulations governing workers, labour disputes, administrative organs, means of control and penalties

The law was elaborated in the framework of contributing to the creation of favorable labour conditions and protecting the rights and interests of the employees and employers. In order to operationalize this protection, the Ministry of Public Service and Labour in collaboration with various stakeholders employ various measures in order to enhance the enforcement of labour rights and attainment of De cent Work which include among others:

• Establishment of labour inspection services
• Enforcement of labour standards through labour inspection services
• Social partners and stakeholders ‘engagement through regional compliance forum, social forums and media
• Etc.

Despite all the ratification of international labour standards, establishments of National labour laws and employment of various measures to ensure their enforcement, Rwanda’s labour markets still experience labour rights deficits which must be addressed if we are able to live up to global and national aspirations of ensuring decent work for all.

It is worth recalling that right at work is one of four complementing pillars of decent work and failure to achieve any of them. We are definitely failing to a achieve decent work as a whole.

It is also important to note that, despite administrative data that would provide some information, so there is no specific and comprehensive survey or study that can serve as a baseline to inform policymaking and future research.

It is against this background that, through the support of ENABEL under Decent Work and Social Protection Portfolio, COSYLI has secured funds to conduct Labour Rights and Mapping Study, Integrating Conflicts’ Resolution and is looking to hiring a competent and experienced consultancy firm to perform this assignment.

OBJECTIVES OF THE ASSIGNMENT

The mapping study has the following objectives:

1. Identify possible gaps, challenges and areas of non-compliance of national labour laws with international labour standards and conventions
2. Assess the implementation and enforcement of labour rights protections across different e economic sectors (Construction,Manufaturing, Mining and Trade – if possible cross border trade) within rift valley districts of Rwanda
3. Provide evidence-based recommendations for policymakers, employees and employers ‘organizations as well as other stakeholders to strengthen labour rights protections and improve working conditions.

SCOPE OF WORK

Under this assignment, the consulting film will respond to the following questions in the framework of conducti ng a comprehensive study to assess labour rights status in Rwanda:

1. a) What are the current legal framework governing labour rights?
2. b) How is the status of implementation and enforcement of labour rights protections across different economic sectors within rift valley districts of Rwanda?
3. c) What are the prevailing working conditions for employees?
4. d) What mechanisms exist for addressing grievances related to labour rights violations?
5. e) To what extent are workers aware of their rights and protections under labour laws?
6. f) What are the primary barriers hindering the realization of labour rights for vulnerable groups within the workforce?
7. g) How do you the labour rights practices vary between formal and informal sectors within the economy?
8. h) What is the impact of globalization and international trade agreements on labour rights protection?
9. i) How do national labour standards a nd practices compare to the international benchmarks and conventions?
10. j) What role do social partners play in ensuring that labour rights are promoted and respect?

Add Private and public

GEOGRAPHICAL SCOPE

The assignment will be performed in the rift valley of Rwanda especial in the following five (5) districts: RUSIZI, NYAMASHEKE, KARONGI, RUTSIRO, AND RUBAVU areas, targeting informal sector and small enterprises.

METHODOLOGICAL APPROACH

The assignment is experienced to employ both qualitative and quantitative approaches. On the quantitative aspect, the consultant will correct relevant primary data from the sampled 50 companies selected and members of tripartite constituents. The consultant will further be expected to collect and analyze other secondary sources of relevant information. The minimum of respondents will be three (3) including the owner of company.

The qualitative component will draw on the understanding and perception of the key stakeholders which will also include sampled companies, employees’ and employers’ organizations as well as Government institutions relevant to the subject matter. The study will target the informal sector and small enterprises in the sectors of Mining, Manufacturing, Construction and Trade- cross border trade where it is possible.

The study should be also gender sensitive and inclusive. If possible, people with disability and youth should be included.

DELIVERABLES

The consultants will deliver the following:

1. Inception Report: with clean methodological framework and reflecting the understanding of the assignment.
2. Draft study Report: the draft study report shall be developed with adherence to the ToRs
3. Final study report: will be produced after stakeholder’s validation meeting

The table below indicates key deliverables to be approved at each stage:

DURATION

The assignment is scheduled to take a maximum duration of 2 months equal to ninety (90) calendar days, commencing from the date of signing of the contract, with maximum 60 person days distributed to key experts ‘and Enumerations contribution.

REQUIRED QUALIFICATION AND EXPERIENCE

1. Minimum requirements for the consulting firm

The assignment is open to either national or regional firm and joint venture is encouraged with the following minimum requirements:

i)For national firm, at least two (2) years of operating in Rwanda or in the region in the field of labour or related fields or performing assignments in that field in Rwanda.

ii)For regional firms, at least 3 years working in Rwanda (for the purpose of local context) and two (2) years in the region in the field of labour or related fields or performing assignments in that field.

iii)For national at least one (1) but for regional two (2) similar assignments related to labour rights or standards proven by related certificates of good completion.

2. Composition, qualification, and experience of team members’

Certifications

The consultancy firm shall have a multidisciplinary team of at least one (1) key expert and enumerators as follows:

1. The Lead consultant (Team Leader)
2. Legal expert
3. Mathematician
4. Enumerators

i. The Lead consultant (Team Leader)

1. A minimum a bachelor degree (A0) in one of the following fields: Law, Law psychology, Education Sciences, Occupational safety and health, human resource management, economics and Sociology.
2. At least 3 years of consulting experience in one or more of the following fields: labour rights or standards, social dialogue, labour productivity, industrial relations and other labour related fields.
3. Conducted at least two (2) national consultancy assignments proven by certificates of good completion

ii. Legal expert

1. Not less than a bachelor degree (A0) in law or equivalent fields
2. At least two (2) years of working experience in labour related fields. This includes both employment records and consulting experience.
3. Conducted at least one (1) consultancy assignments in labour related fields.
4. Proven working experience in the field of labour rights or standards.

iii. Statistic

1. A minimum a bachelor degree (A0) in mathematics science
2. A minimum three (3) years of statistic’ experience or in another field related

iv. ENUMERATORS

At least three (3) enumerators where each should have not less than secondary certificate (A2) in with minimum working experience of three years in census and related field

ADEQUECY OF THE UNDERSTANDIND OF THE TERMS OF REFERENCE PROPOSED METHODOLOGY AND WORK PLAN IN RESPONDING TO THE TERMS OF REFERENCE

1. The understanding of the terms of reference

The consultancy firm will interpret the terms of reference and indicate the proposed structure and content for each deliverable. This will serve as skeleton and an anticipation of how the consultant envisages the final report to look like. The consultant will also anticipate the expected outputs and activities to accomplish each deliverable.

2. proposed methodological approach for each deliverable and work plan

The deliverables of the assignment complement each other to make the overall objective expected to be achieved. However, each deliverable has its specificity that needs to be addressed specifically. Therefore, the consultancy firm will be required to practically demonstrate specific approaches it will employ to accomplish each deliverable. This must indicate step by step approaches towards effective accomplishment of each deliverable

For each deliverable, the consultancy firm methods will include but not limited to the followings:

• Design tailored to each deliverable
• Practical steps to accomplish each deliverable
• Data collection methods and tools
• Data analysis methods and tools
• Quality insurance
• Ethical considerations
• Confidentiality

3. WORK PLAN

The work plan will include the following components:

• Expected deliverable
• Detailed steps to accomplish each deliverable
• Timeframe to accomplish each deliverable

SUBMISSION OF OFFER

The Expression of Internet should contain the following

1. The technical proposal:

• A cover letter expressing your internet in this assignment
• Technical proposal with a brief description of why you would be considered as the most suitable for the assignment, relevant expertise and a detailed clear methodology, your approach to complete the assignment.
• CV, Experiences activities ‘certificate of consultants’ proposal
• Copies of the degrees of multidisciplinary team members’ proposal
• Company registration certificate (RDB)
• VAT-Registration certificate
• Proof of successful completion of related assignments

2. Financial proposal: indicates the all-inclusive daily rate, supported by a breakdown of all costs. The costs MUST BE IN RWFRS and VAT inclusive.

Please submit electronic your proposal (technical and financial offer) in two separated emails and should be in PDF files to this email ONLY: 1993collectif@gmail.com until latest 01/06/2024.

Done at Kigali, on

SIBOMANA Innocent

Tel: 0788305710

President and legal representative of COSYLI