Consultant to to Conduct a Training Need Assessment for Labour Mediators and Arbitrators

Terms of Reference
For a national consultant [team member] to conduct a training need assessment for labour mediators and arbitrators

Under the technical assistance initiative provided by the ILO to Department of Industrial Relations and Wage [Ministry of Labour Invalids and Social Affairs of Viet Nam] -

Enhancing effectiveness of Labour Dispute Resolution System with three pilot provinces including Binh Duong, Dong Nai and HCM city

I.     Background & Rationale

The revised Labour Code 2019 passed by the National Assembly of Vietnam on November 20, 2019 has come into force from January 2021.The Code has introduced many new regulations governing labor relations in Vietnam, including provisions on labor dispute settlement in Chapter XIV from Article 179 to Article 211.

With anticipation that industrial relations in the coming years will be more dynamic and diverse with the emergence of new actors in the labor relations, including the workers’ organizations at enterprise level, enhancing the efficiency of the labor dispute resolution system under BL2019 becomes crucial than ever.The Secretariat of the Party Central Committee has also issued Directive 37-CT-TW on strengthening leadership and direction in building harmonious, stable and progressive labor relations in the new situation[3]. One of the key tasks -Task 5 is to ensure proper settlement of labor disputes and strikes.

Within the framework of cooperation with tripartite partners in Vietnam, the New Industrial Relations Framework Programme of the ILO has been developed and implemented since 2018 with the national project owner being the Ministry of Labour, Invalids and Social Affairs, aiming at “Promoting the development of a new industrial relations framework that ensures respect for the ILO’s Declaration on Fundamental Principles and Rights at Work” has been sponsored by the US Department of Labor and the Government of Japan and others.In addition, the Trade for Decent Work Project - Promoting the application of basic ILO Conventions within the framework of the EU-Vietnam Free Trade Agreement, through improving the quality ofindustrial relations and working conditions, funded by the EU, also pursues this goal.All of these initiatives do consider the LDR system as one among key building blocks for obtaining its ultimate goals on promoting application of the concerned ILO conventions and Declarations.    

In order to support some provinces/cities where many enterprises operate and the situation of labor disputes is diverse, the ILO and the Wage and Labor Relations Department [MOLISA] discussed with 03 provinces/citiesincluding Binh Duong, Dong Nai and Ho Chi Minh City and agreed to implement a pilot technical assistance initiative to enhance the efficiency of the labor dispute resolution system in the three provinces/cities mentioned above.

The overall goal of the pilot is to strengthen capacity of the DIRWA in performing their technical assistance roles to provincial level and promoting effective implementation of the Labor Code 2019 and related regulations on labor dispute settlement. At the same time, the pilot will provide direct support to03 provinces/cities including Binh Duong, Dong Nai and Ho Chi Minh City for implementing their specific solutions to enhance the efficiency of labor dispute resolution system, contributing to the development of harmonious, stable and progressive industrial relations in each province.

Key expected outputs and targets of this pilot is presented in the LDR pilot Logframe.

One of the 4 expected outcomes set out in the Logframe indicates that DIRWA needs to design a sound training program for mediators and arbitrators, thus Activity 4.1.2 “Conducting a quick survey to understand the training needs of the mediators and arbitrators in three provinces” was expected to contribute to the outcomes. This ToR is to specify the requirements and qualifications of Consultant - an IR training specialist who conduct a rapid training need assessment for mediators and arbitrators of three pilot provinces/city.

II.      Objective/purposes

The consultancy is expected to contribute for the sound design of a training program for mediators and arbitrators for 2023 and onward through conducting a training need assessment of these groups in three provinces/city.

The expected deliverables are:

1.       A training need assessment report that assesses the training needs of various groups of mediators and arbitrators against their new roles and requirements set by LC2019 and its related regulations. The assessment report should consider

• views from different groups of mediators and arbitrators in three provinces in term of educational background, gender, seniority, working modality and location.
• all aspects of capacity of mediators and arbitrators include (i)knowledge, (ii)skills, and (iii)attitude, in accordance with their new roles and responsibilities. .  

2.       A  notes explaining how the findings came out from the need assessment are taken into the design of training program [not only about training contents, but also the training approach, time allocation, etc.] for mediators and arbitrators in both short term and long term vision.

III.    Scope of Works and Specific Tasks

The scope of work for consultant includes but not limited to the following:

• Discuss with DIRWA and CIRD to understand the new positions and new requirements for mediators and arbitrators [01WDs]
• The role/mandate of mediators and arbitrators
  
  • Mediator:
  1. individual dispute
  2. collective bargaining dispute
  3. support for development of industrial relations
  • Arbitrator:
  1. Individual disputes:
  • voluntary;
  • the case may be taken to court
• Collective bargaining
  
  • Voluntary
  • Compulsory (where strike is not allowed)
  • Conduct a desk study on the existing training program and profiles of existing arbitrators, mediators of all three provinces [02WDs].
  • Consider carefully the new nature of the work role and responsibility of LAC in particular in the 2019 LC and as such the survey should seek to draw out not just knowledge needs but also how to provide opportunities for practice and role plays etc. to build  confidence in these new responsibilities [01WD].
  • Design the questionnaire for surveying mediators and arbitrators in three provinces in order to assess their situation and training needs, then discuss with technical team of DIRWA and ILO for finalization [3WDs]
  • Conduct the survey with 40% mediators and arbitrators appointed by the three pilot provinces taking into account the inclusion of men and women (target 50/50 AND minimum 30% female), mediators working full time and part-time basis, mediators working at district and industrial zones, ages and experience [this can be a combination of on-line and off-line methods, 05WDs – about 110 questionnaires].
  • Conduct in-dept interviews with about 20% of mediators and arbitrators those have filled in the questionnaire, taking into account the inclusion of men and women, mediators working full time and part-time basis, mediators working at district and industrial zones, ages and experience [22-24 interviews, 03WDs].
  • Work on data analysis [02WDs]
  • Produce a draft training need assessment report [04WDs]
  • Discuss with DIRWA, CIRD and ILO on the draft report [01WD]
  • Finalize the report [01WD]
  • Work with training consultants designated by DIRWA to suggest how the training program design should accommodate the recommendations withdrawing from the training need assessment [02WDs].
  • Document the suggestions for training program and indicate how it will be accommodated [01WDs]

Time:  25 working days during the period of October 2022- November 2022

Location: the consultant are expected working from Ha Noi with travel [or alternative option] to the three provinces for conducting the field survey.

Supervision: ILO technical team will work closely with DIRWA for providing technical backstopping for this consultant.The two parties will conduct technical meetings for the consultant to update about progress of consultancy, to develop detailed plans or propose adjustment of the plans if needed.

V.   Qualifications of the consultants

IV.    Application

Interested candidates are invited to submit an application package in English including the following documents by email to [email protected]by 30 September as the latest.

1. A  clear statement of interest. 
2. Half page (150 words) briefly highlighting experience relevant to the requirements set by the TOR.
3. Full CV including comprehensive list of publications. 
4. Confirmation of availability during the contract period.
5. Your proposed daily fee or fee range.    

Only submissions with complete documents stated here above before the deadline will be considered. We regret that detailed screening results will not be released and only shortlisted candidates will be contacted.