Background

As part of the implementation of the 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 the 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 improvement of labour market and private sector development that contribute to South Sudan’s inclusive economic growth. The Ministry of labour believe that adequate regulatory framework must be in place to enable effective facilitation to the private sector, including potential foreign direct investors.
Currently, UNDP is implementing the Youth Empowerment and Employment through Private Sector and Value Chain Development project in close coordination and partnership with the Ministry of Labour and five states in the country – Western Equatoria, Eastern Equatoria, Jonglei, Lakes, and Central Equatoria. The project provides for technical assistance to be extended to government line agencies at national and state levels through the development of appropriate policies and frameworks that will accelerate result-based programming and sustainability. Upon the request from the Government of South Sudan, Ministry of Labour, UNDP agreed to provide technical assistance in identified prioritized areas indicated 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 engage the services of qualified consultants to review and draft South Sudan’s Labour Standard, including the 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 and maintenance of Labour Market Information Systems; development of labour employment and standards and guidelines.

The purpose of the assignment is to provide technical support and guidance to the Directorate of Policy in the drafting and review of the national regulatory framework on minimum wage and employment regulations in South Sudan. The lead Consultant (international) with the support of a national consultant will work closely with the Director General for Labour and Industrial Relations and Director General for Policy, Planning and Labour Statistics and other relevant ministry staff. 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. 

The main objective of the Consultancy is to draft the Minimum Wage Fixation and Employment Policy of South Sudan.

Duties and Responsibilities

• Prepare a detailed work plan in the execution of the assignment, in close consultation with relevant focal persons in the Ministry of Labour and UNDP South Sudan;
• Conduct comprehensive desk study which includes the review of related laws, by-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;
• Prepare a comparative study of five relevant policies from at least 5 different developing and developed economics to inform stakeholders and extract good practices that will need to be incorporated 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, Persons with Disability (PWD) organisations, representative donor agencies, etc.;
• 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 agenda settings, constraints and anticipated opportunities;
• Draft preliminary policy documents including section, sub-section and appendices;
• Collect feedback from Ministry of Labour, UNDP, and other stakeholders on the draft policies and frameworks;
• Incorporate feedback in the draft documents and disseminate in the multi-stakeholder workshop;
• Submit final draft to the Ministry of Labour and UNDP; and
• Prepare final assignment report including policy development process, lesson learnt and practices, a knowledge product, and expected steps and activities to be taken after the drafting of the policy.

The consultant will deliver the following key documents:

• Policy workshop and stakeholders dialogue proceeding report
• 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, and expected steps and activities to be taken after the drafting of the policy.
   

Competencies

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.

Required Skills and Experience

Education:

• Master’s degree in Public Policy, Business Administration, Industrial Relation, Law, Public administration, Development Studies or any related fields from a recognized University or institution; PhD degree would be an advantage.

Experience:

• At least 10 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 (social partners) including Chamber of Commerce and Industry, Trade Union and government line agencies is highly preferable.

Language:

• Fluency 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 facilities in Juba but is expected to use his own computer/laptop and cell phone.
• 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%
• Draft Policy on Labour Standards, including Minimum Wages and Employment Regulations as well as annex of each section. 40%
• Revised final Draft Policy on Labour Standards, including Minimum Wages and Employment Regulations and final assignment report including knowledge product and adopted process in preparing policy documents. 40%
• Final assignment report including knowledge product and adopted process in preparing policy documents, and expected steps and activities to be taken after the drafting of the policy.10%

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 13 January 2021.

Technical proposal comprising of the following:

• Articulation of technical approach to the assignment/tasks, including the methodology and indicative workplan/timeline
• 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 degree would be an advantage. (20%).
• 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.