INDIVIDUAL NATIONAL CONSULTANCY ON CHILD LABOUR LEGISLATION AND POLICY IMPROVEMENT

Consultant Programme & Policy Finance & Economy

Contract

This is a Consultancy contract. More about Consultancy contracts.

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

For every child, an advocate

OBJECTIVES AND SCOPE OF THE CONSULTANCY

Capitalizing on National Programme on Eliminating Child Labour (2017-2023), UNICEF Turkey plans to contribute to the programme objectives of the national plan on improving the legal framework and generating evidence and creating awareness on the effects of COVID-19 on child labour. UNICEF will support the Ministry of Labour and Social Security to (i.) on improving legislation related to child labour (ii.) on analyzing COVID-19 pandemic's effect on work life and recommending measures for private sector and public institutions.

The particular purpose of this assignment is to provide consultancy services to UNICEF Turkey with regards to its partnership with the Ministry of Labour and Social Security to develop a policy recommendation paper on the how to improve the legislation on child labour and to generate a report on the effects of COVID-19 on labour market, work life and children.

Tasks of Consultancy:

1. ) In cooperation with MoLSS and UNICEF, developing a recommendation report on child labour legislation
   1. Drawing on international standards, conducting a desk review on the Turkish legislation related to child labour which is including but not limited to Labour Law, Occupational Health and Safety Law, Social Security Law, Social Services Law, Social Assistance and Solidarity Law, Basic Education Law, Vocational Education Law, Child Protection Law, Law on Policy Powers, Public Health Law to identify gaps and potential areas requiring improvements
   2. Preparing and delivering a presentation on findings of the desk review
   3. Supporting MoLSS experts on organizing technical meetings on improving the legislation on child labour
   4. Developing a draft recommendation report compiling findings from the desk review, inputs gathered through technical meetings and facilitating a validation meeting to finalize the report
   5. Presenting the final recommendation report to MoLSS and UNICEF
2. ) In cooperation with MoLSS and UNICEF, generating an analysis report on on Covid-19 pandemic's effect on work life and recommending measures for private sector and public institutions for effective monitoring of child labour
   1. In close cooperation with Guidance and Inspection Presidency (GIP) of MoLSS, conducting a desk review on labour market measures taken to support economy during COVID-19 and their impact on work life in different sectors in terms of employers and employees.
   2. Designing a research methodology with MoLSS to better understand effects of COVID-19 and above-mentioned measures (stimulus packages) on children engaged in economic activities and/or at risk of child labour. The methodology will show

3. Data to be collected, the additional questions to be added to the inspector’s existing questionnaire of workplace visit

4. The sampling method to identify which workplaces / employers’ data will be collected

5. Content of the interviews to be conducted with employers
6. Data analysis method
   3. Using the research instruments to support GIP labour inspectors to conduct surveys, interviews and field visits to workplaces in 3 provinces (as per the agreed methodology) and compiling information gathered through desk review and field work
   4. Developing a draft analysis report with recommendation and action points and facilitating a validation meeting to finalize the report
   5. Presenting final report to MoLSS and UNICEF

Deliverables and Timeline:

The following table is a tentative plan with deliverables and timeline. Consultant(s) can propose modifications in the plan in line with their offer and rationale. The final plan will be determined jointly by UNICEF and the selected consultant(s). UNICEF will review each deliverable and provide feedback to the selected consultant(s) for revision before approving for payment. The consultant(s) are required to provide rationale and justification if they propose adjustments in the following matrix of deliverables and workdays.

Expected Results and Activities

Objective/Assignment

Work Days

Deliverable

Timeline

Objective 1 - In cooperation with DG Labour and UNICEF, a recommendation report on how to improve child labour legislation is prepared

Conducting a desk review on the Turkish legislation related to child labour

10

Key Findings Report

October 2021

Delivering a presentation on findings of the desk review

1

PPT

October 2021

Supporting MoLSS experts on organizing 5 technical meetings

10

Meeting reports

October 2021

Developing a draft recommendation report

9

Draft report

November 2021

Facilitating a validation meeting

1

Meeting report

December 2021

Presenting a final recommendation report

2

Final Report (Doc) and PPT of the report

December 2021

Objective 2 - In cooperation with MoLSS Guidance and Inspection Presidency (GIP) and UNICEF, an analysis report on on Covid-19 pandemic's effect on work life and recommending measures for private sector and public institutions for effective monitoring of child labour is generated.

Conducting a desk review on labour market measures taken to support economy during COVID-19

10

Key Findings Report

October 2021

Designing a research methodology with GIP to better understand effects of COVID-19 and stimulus packages on children

6

Research methodology paper

October 2021

Using the research toolkit and instruments to support GIP labour inspectors to conduct surveys, interviews and field visits to workplaces in 3 provinces (as per the agreed methodology) and compiling information gathered through desk review and field work

9

Notes on surveys, interviews and visits

November 2021

Developing a draft analysis report

9

Draft Report

November 2021

Facilitate a validation meeting

1

Meeting report

December 2021

Presenting a final report

2

Final Report (Doc) and PPT of the report

December 2021

ESTIMATED TOTAL PERSON DAYS

70

Contractual Agreements:

Under the supervision and guidance of the Social Policy Section of UNICEF Turkey, the contracted consultant(s) will be responsible for the delivery of the expected result. For all deliverables, the payments will be conditional on UNICEF’s review and approval of the documents.

5.Intellectual Property and Other Proprietary Rights; Data Protection; Confidentiality

Intellectual Property and Other Proprietary Rights

5.1 Unless otherwise expressly provided for in the Contract:

(a) Subject to paragraph (b) of this Article 5.1, UNICEF will be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regard to products, processes, inventions, ideas, know-how, documents, data and other materials (“Contract Materials”) that (i) the Contractor develops for UNICEF under the Contract and which bear a direct relation to the Contract or (ii) are produced, prepared or collected in consequence of, or during the course of, the performance of the Contract. The term “Contract Materials” includes, but is not limited to, all maps, drawings, photographs, plans, reports, recommendations, estimates, documents developed or received by, and all other data compiled by or received by, the Contractor under the Contract. The Contractor acknowledges and agrees that Contract Materials constitute works made for hire for UNICEF**. Contract Materials will be treated as UNICEF’s Confidential Information and will be delivered only to authorized UNICEF officials on expiry or termination of the Contract.

(b) UNICEF will not be entitled to, and will not claim any ownership interest in, any intellectual property or other proprietary rights of the Contractor that pre-existed the performance by the Contractor of its obligations under the Contract, or that the Contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract. The Contractor grants to UNICEF a perpetual, non-exclusive, royalty-free license to use such intellectual property or other proprietary rights solely for the purposes of and in accordance with the requirements of the Contract.

(c) At UNICEF's request, the Contractor will take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them (or, in the case, intellectual property referred to in paragraph (b) above, licensing) them to UNICEF in compliance with the requirements of the applicable law and of the Contract.

Confidentiality

5.2 Confidential Information that is considered proprietary by either Party or that is delivered or disclosed by one Party (“Discloser”) to the other Party (“Recipient”) during the course of performance of the Contract or in connection with the subject matter of the Contract will be held in confidence by the Recipient. The Recipient will use the same care and discretion to avoid disclosure of the Discloser’s Confidential Information as the Recipient uses for its own Confidential Information and will use the Discloser’s Confidential Information solely for the purpose for which it was disclosed to the Recipient. The Recipient will not disclose the Discloser’s Confidential Information to any other party:

1. except to those of its Affiliates, employees, officials, representatives, agents and sub-contractors who have a need to know such Confidential Information for purposes of performing obligations under the Contract; or
2. unless the Confidential Information (i) is obtained by the Recipient from a third party without restriction; (ii) is disclosed by the Discloser to a third party without any obligation of confidentiality; (iii) is known by the Recipient prior to disclosure by the Discloser; or (iv) at any time is developed by the Recipient completely independently of any disclosures under the Contract.

5.3 If the Contractor receives a request for disclosure of UNICEF’s Confidential Information pursuant to any judicial or law enforcement process, before any such disclosure is made, the Contractor (a) will give UNICEF sufficient notice of such request in order to allow UNICEF to have a reasonable opportunity to secure the intervention of the relevant national government to establish protective measures or take such other action as may be appropriate and (b) will so advise the relevant authority that requested disclosure. UNICEF may disclose the Contractor’s Confidential Information to the extent required pursuant to resolutions or regulations of its governing bodies.

5.4 The Contractor may not communicate at any time to any other person, Government or authority external to UNICEF, any information known to it by reason of its association with UNICEF that has not been made public, except with the prior written authorization of UNICEF; nor will the Contractor at any time use such information to private advantage.

Estimated Duration of the Consultancy and Payment Schedule:

The contracted consultant(s) is expected to complete all tasks and deliverables per the action plan approved by UNICEF. The timeframe is October 2021 through January 2022 (70 days). If the contracted consultant(s) foresees any delays, it should seek prior- written approval of UNICEF.

To qualify as an advocate for every child you will have…

• Master’s degree in law, social sciences, or relevant discipline
• Minimum 3 years of professional work experience in child labour / child rights
• Minimum 4 years of professional work experience in scientific research and studies
• Excellent knowledge of International Conventions, Protocols and Guidance with regards to child labour and ability to demonstrate previous work experience in the application of a child rights-based approach incorporating the principles of the CRC and other relevant UN conventions
• Good understanding of Labour Law and Child Protections Laws and familiarity with application of the laws in respective areas
• Proven expertise and work record in policy formulation and analysis in the area of child rights, preference will be given to those with experiences on child labour
• Excellent analytical and conceptual abilities
• Excellent writing and presentation skills
• Strong communication, advocacy and negotiation skills
• Excellent knowledge of Turkish and English

The contracted consultant(s) will be paid in local currency (Turkish Lira) per the submitted and approved financial proposal. The consultants are required to use the financial proposal template to provide a detailed financial proposal that contains costs of conducting the tasks defined in the ToR.

PERFORMANCE INDICATORS:

The consultant(s) performance will be evaluated against the following criteria: timeliness, responsibility, initiative, communication, and quality of the products delivered.

Application and Submission Process:

Applications should be submitted in English and should include:

1. Financial proposal using the enclosed Financial Proposal Template Child Labour.xls.

2. P11 Form.doc, where previous experience provided in detail.

3. Technical Proposal (that includes: Tentative work plan outline of; Report on how to improve child labour legislation in Turkey, An analysis report on the effects of COVID-19 on labour market, work life and children)

All the documents should be sent to “[email protected]” with “ INDIVIDUAL NATIONAL CONSULTANCY ON CHILD LABOUR LEGISLATION AND POLICY IMPROVEMENT REF: SP/TURA/2021-KK in the subject line. After the technical evaluation, the financial proposals of qualified candidates will be evaluated accordingly.

Award criteria: Cumulative Analysis.

The evaluation and award criteria that will be used for this call is Cumulative Analysis evaluation (point system with weight attribution). The weighting ratio between the technical and financial proposals will be 70:30. The respective importance between technical and financial scores will be weighted as 70% and 30%.

An offer is considered technically acceptable (and therefore eligible for opening of financial offers), when it obtains 70 Points out of 100 during the course of the technical evaluation. The final selection of the contractor will be based on a combination of the technical and financial proposals with a weighting of 70% for the technical proposal and 30% for the financial proposal. In the case of cumulative analysis, the proposals scoring below 70% of the available technical points will be considered non-compliant and will be rejected and not further considered (e.g. in the case of 70:30, the passing score is 49 points out of 70).

Selection Criteria:

Technical Evaluation:

All technical proposals will be evaluated using the evaluation criteria as indicated below. Bidders are advised to devote their submissions to demonstrate each of the criteria and be consistent with the tasks detailed in the TOR. Bidders are advised to avoid submitting brochures and pamphlet that have no direct bearing on the requirements under this RFP.

Technical Evaluation Criteria

Max. Points Obtainable

1.

Overall format and quality of submitted documents

10

1.2.

Overall preparation and presentation of submitted proposal

10

2.

Overall understanding of the ToR

20

2.1.

Objectives proposed

5

2.2.

Methodological Approach

10

2.3.

Time frame of the assignment

5

3.

Having the minimum requirements as requested in the ToR

40

3.1.

• Having the needed expertise as indicated in the ToR
• Well proven and demonstrated capacity and experience in the field of child rights; preferably child labour
• Well proven and demonstrated knowledge in legislative gap analysis
• Well proven and demonstrated knowledge in scientific research and studies

30

3.2

Sense of ethics and in-depth understanding of children’s rights issues.

Hard working, capacity and dedication, strong analytical skills, presentation skills.

10

TOTAL TECHNICAL SCORES

70

The assignment may cover limited travels to İzmir, Bursa and Konya

Financial Evaluation:

Bidders shall present a detailed financial proposal that elaborates on daily costs on the basis of the above-mentioned schedule and deliverables, including a total sum demanded. All costs, including travel, accommodation, administrative costs, etc. shall be covered by the contractor and should be included in the financial proposal as a separate heading and broken down into details of accommodation and travel costs.

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Added 2 years ago - Updated 2 years ago - Source: unicef.org