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Terms of Reference for National Consultant to develop

Gaps Analysis Study

Maternity Protection Convention, 2000 (No. 183)

Background

Pakistan has ratified 36 ILO Conventions including all eight fundamental Conventions, two out of four Governance Conventions and 26 Technical Conventions. Last Convention was ratified in 2006.

In its meeting in March 2020, the Federal Cabinet of Pakistan reviewed 39 ILO Instruments that were put up for necessary consideration and action, and decided to ratify four (4) new ILO Conventions – including the ‘Maternity Protection Convention, 2000 (No. 183)’. Subsequently, the Ministry of Overseas Pakistani and HRD thru its letter No. 4-27/2015-ILO-I, dated: 15th April 2020, requested ILO for technical support in undertaking ‘Gaps Analysis’ before a formal decision to ratify the Convention.

Maternity Protection Convention – A brief introduction

Raising a family is a cherished goal for many working people. Yet pregnancy and maternity are especially vulnerable times for working women and their families. Expectant and nursing mothers require special protection to prevent harm to their or their infants' health, and they need adequate time to give birth, to recover, and to nurse their children. At the same time, they also require protection to ensure that they will not lose their job simply because of pregnancy or maternity leave and protection. Such protection not only ensures a woman's equal access to employment, it also ensures the continuation of often vital income which is necessary for the well-being of her entire family.

Maternity protection is a fundamental right and an area of major concern for the ILO since its foundation in 1919, when the first international convention on the subject was adopted. It is also a key component of the transformative policies called for in the 2030 Agenda for Sustainable Development, contributing to the achievement of SDGs 1 (No poverty), 3 (Good health and well-being), 5 (Gender equality), 8 (Decent work and economic growth) and 10 (Reduced inequalities).

Safeguarding the health of expectant and nursing mothers, protecting them from discrimination in employment and ensuring income continuation or replacement during periods of leave is a precondition for achieving genuine equality of opportunity and treatment for men and women in the world of work and enabling workers to raise families in security, health and well-being. These objectives are encompassed in Convention No. 183, which seeks to ensure that all employed women, including women employed in atypical forms of dependent work, are adequately protected during maternity. For this purpose, it sets out the right to: maternity leave; cash benefits to ensure the mother can support herself and her child during leave; medical care; protection of the health of pregnant and breastfeeding women and their children from workplace risks; protection from dismissal and discrimination; and breastfeeding on return to work.

Maternity Protection Situation of Pakistan

In Pakistan, female employees are entitled to a maximum of twelve weeks (or 3 months) of maternity leave with full pay. The six-week post-natal leave is compulsory (Section 4 of West Pakistan Maternity Benefit Ordinance, 1958). The maternity leave in public sector is also 90 days (3 months) and during this time, wages are paid in full. Employment of women is prohibited during six weeks following the delivery of child (section 3 of West Pakistan Maternity Benefit Ordinance, 1958). There are gender neutral provisions in many laws to ensure safety of workers however none of these specifically mentions that pregnant and breast-feeding women enjoy special protection and are not made to do any harmful work.

The main legislations and policies dealing with maternity protection in Pakistan include:

• The West Pakistan Maternity Benefit Ordinance, 1958
• The Mines Maternity Benefit Act, 1941
• The Provincial Employees Social Security Ordinance, 1965

In a recent development, on 27th January 2020, the Senate of Pakistan adopted a Bill for Maternity and Paternity leave. According to the bill, women will get paid maternity leave of: 180 days (six months) on first birth; 120 days (four months) on second birth; and 90 days (three months) on third birth. According to the bill, men will get paid paternity leave of 30 days (one month), a total of three times during service – to be paid by Employers. This Bill is subject to further debate in lower house (National Assembly) before sending to the President for assent.

Gaps Analysis – Maternity Protection Convention, 2000 (No. 183)

ILO intends to engage a Consultant (Legal Researcher) to undertake a Gaps Analysis by reviewing existing legislative and policy frameworks, institutional mechanisms and practices and getting inputs from all important stakeholders – to see where Pakistan stands in terms of the current situation in reference to the Convention No. 183 on Maternity Protection.

The Consultant will be required to have a detailed review of existing legislations related to Labour, Industrial Relations, Wages and Rights and look at various institutional arrangements to understand, to what extent the national situation, in terms of laws, regulations, policies, mechanisms and practices, is in line with C183. The Consultant will also consult tripartite partners (government, employers’ and workers’ organizations) (particularly women workers in formal and informal economy, etc); existing institutions, and other stakeholders (e.g., Academia, Civil Society Organizations, etc) and identify gaps as well as key areas to be improved. The Consultant will be required to review/examine:

• Existing laws, policies and regulations related to Maternity Protection and see to what extent they are aligned to the Convention No. 183 and identify gaps and areas to be improved as well as how they need to be improved;
• Existing institutional arrangements and technical capacities to assess the national situation in reference to the implementation of C183 and reporting on international commitments already ratified by the country and identify areas to be improved;
• Views and experiences of employers and workers – particularly from women workers – to assess current situation of implementing maternity protection in reference to C183 and identify areas to be improved;
• Views of academia and civil society organizations – particularly the ones working on the subject of Maternity Protection – to identify areas to be improved in line with Convention;
• Reporting requirements of the C-183 and see capacity of Government (Ministry of OP&HRD and Provincial Departments of Labour) to adequately report on the Convention and identify gaps for improvement.

Terms of Reference for Technical Consultant

Under the overall supervision of the relevant ILO Technical Specialists and in close consultation with the Programme Officer in ILO-Islamabad, the Consultant will be required to undertake following assignments:

• Desk review of the text of the Convention, preparatory works and report form;
• Desk review of of the national legislation, policies, regulations, institutional arrangements, technical capacities, and other related documents which are relevant for the application of Convention No. 183;
• Develop an outline of Gaps Analysis study – adequately covering all areas mentioned above, using the materials provided by the ILO; g. an overview of the maternity protection in Pakistan including:
  • a brief introduction on the history and policy landscape;
  • A general inventory of the legislation under which each aspect of C183 is covered or, in the absence of legislation, an indication of the mechanism(s) through which protection is provided.
  • A brief description of the administrative/institutional arrangements for the provision of maternity protection
  • An article by article compatibility analysis, following the structure of Convention No. 183;
  • An assessment of compatibility between the requirements of the Convention and the relevant provisions of the national legislation and practice (depending on the information available), for each article of the Convention. This part should include a detailed description of the legal provisions governing each aspect of maternity protection covered by C183 and an explanation of how they give application - or not- to the respective provisions of the Convention, with detailed reference to the relevant articles (number of the article, paragraph and sub-paragraph) of the national legislation and of the Convention. To the extent that reliable information on the practice is available, this information should be brought into the report. For these purposes, the analysis should provide, for each article of the Convention, the information that is indicated in the report form. If the data is non-existent or non available this should also be mentioned. The analysis should formulate a clear conclusion, for each article analysed, as to whether the national law and practice, as the case may be, complies with the requirements of the Convention.
  • Overall conclusions on the compatibility of the national law with the requirements on Convention No. 183, and recommendations on the way forward, in view of a possible future ratification. Recommendations concerning possible modifications of the legislation and practice to improve compliance with the Convention and allow for the ratification of additional Parts could also be formulated.
• Undertake individual consultations with all relevant stakeholders (Federal Ministries, Provincial Governments, relevant Institutions, Employers and Workers’ Organizations,; existing Institutions, Academia / Experts; and Civil Society Organizations);
• Develop a draft Gap Analysis Report ;
• Undertake a validation workshop with all tripartite-plus stakeholders and get feedback;
• Finalize the Gap Analysis Report on the basis of the comments received by national stakeholders and the ILO.

The Consultant is required to provide number of workdays to complete this assignment.

Deliverables

Consultant will be required to deliver the following:

• After literature review, share draft ‘Gaps Analysis Outline’ for technical review and inputs by ILO and Ministry of OPHRD;
• After completing stakeholders consultations, share draft ‘Gaps Analysis Report’ for technical review and inputs by ILO and Ministry of OPHRD;
• Provide a final Gaps Analysis Report after incorporating all inputs by stakeholders (in validation workshop) and ILO.

Responsibility Framework

• Consultant will be responsible to:
  • a. Bring/procure required technical expertise for all elements of the study;
  • b. Identify most relevant and recent literature and tools related to the subject;
  • c. Develop mechanisms to effectively consult relevant stakeholders and get adequate response in a respondent-friendly manner;
  • d. In view of travel restrictions and other SOPs due to COVID-19 pandemic, make sure to use appropriate technologies and means of communication that suits the requirements of relevant stakeholders;
  • e. Make a presentation on proposed Gaps Analysis Report for validation workshop;
  • f. Ensure timely submission of deliverables;
  • g. Ensure full compliance with ILO and stakeholder inputs in the Gaps Analysis Report;
  • g. Share all important legislations, regulations, documents and information obtained during consultancy assignment, which are not available online, with ILO;
  • h. Take all necessary measures to complete the assignment within given resources and timeframe;

• ILO will be responsible for;
  • a. Prepare a contract for the Consultant and making necessary payments on different intervals – based on deliverables;
  • b. Provide an introductory letter to Consultant – which will help him/her to introduce to relevant stakeholders;
  • c. Provide contact details of various relevant stakeholders and facilitate their interaction with Consultant/;
  • d. Where possible, extend support in facilitating meetings with relevant stakeholders;
  • e. Provide support to the consultant to ensure a proper understanding of the requirements of the Convention and of the information that needs to be provided to assess its compliance, as set out in the report form (available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:51:0::NO:51:P51_CONTENT_REPOSITORY_ID:2543250:NO) .
  • f. Provide technical inputs on outline, and draft Strategy within a reasonable time;
  • g. ILO will manage the ‘Validation Workshop’. If, due to COVID-19 lockdown situation, the workshop has to be online, ILO will provide IT platform for meeting. In case of face-to-face meeting, ILO will manage the entire event including content, venue, and logistics etc.

Special Provisions

• COVID-19: Consultant will be required to fully comply with applicable UN and Government regulations and SOPs for prevention against spread of COVID-19 and organize work in such a way to ensure safety of self and other stakeholders.
• Security: As per new UN regulations, if the assignment includes traveling to any city other than Islamabad, Lahore or Karachi, the Consultant will have to complete a special Security Training Course (SSAFE) preferably before starting the assignment. ILO will facilitate enrollment of Consultant to the course (and will pay for the course) – but these training days will not be paid by ILO.
• Reporting: Consultant will be required to report only to ILO. All materials produced by Consultant will be reviewed by ILO for technical quality assurance and will be shared with Government as ILO product.

Required Qualification and Experience

The Consultant should have the following qualification and experience:

• Post-graduation in social sciences or subjects related to Labour Laws, Industrial Relations, etc;
• Minimum 10 year experience of dealing with matters related to Labour and Industrial Relations - either in Pakistan or abroad;
• Must be well aware of institutional and organizational situations of maternity protection issues, Industrial relations, and labour administration system in Pakistan;
• Excellent understanding on the gender issues in the world of work, particularly on maternity protection.
• Previous work experience with UN System in general and with ILO in particular, will be added advantage;
• Strong competence to use computer and office-related software;

How to submit:

Interested individuals are requested to submit the Expressions of Interest, along with following supporting documents (duly dated and signed) through email to: islamabad@ilo.org, cc: shahnila@ilo.org by Thursday, 2nd July 2020.

• Clearly mention the title of ILO Convention in your email subject, for which you are applying ;
• CV or profile of the individual
• Brief methodology to carry out the assignment (not more than 1 page);
• Number of workdays required to complete this assignment
• Fee per day (in PKR) – exclusive of all taxes and other expenses

Any offer received after the official closing time and date will not be accepted.

Questions and replies:

Should you have any questions, please contact us at the latest by date only by email (islamabad@ilo.org; cc shahnila@ilo.org) quoting the RFQ reference.

Annex-1

Reporting Details

The Consultant will undertake the study, and produce a report (electronic and print, English) that will contain the following parts:

Part I:

A brief overview of the situation of maternity protection for workers in the country, highlighting trends and issues

Part II:

Presentation of the relevant labour, employment and social security laws, regulations, collective agreements and other measures regarding workers in general and women workers in particular, and assessment of these legal provisions and measures as regards to their implementation of the provisions of Convention 183 and corresponding Recommendation. The report should structure Part II into thematic chapters along the subject matters addressed in these instruments – summarized in a table as given below.

(See Table on: https://www.ilo.org/islamabad/aboutus/WCMS_748994/lang-en/index.htm )

Each thematic chapter will present relevant national law, regulations or other measures, as well as relevant national institutions; identify gaps vis-a-vis C.183, if any, and discuss possible ways of addressing these gaps.

Part III:

A summary of areas of conformity, gaps between national laws and regulations, collective agreements and other measures, and C183, as well as issues and areas for improvement, for example in the matter of compliance or enforcement; and a set of recommendations for feasible actions, which go beyond compliance with minimum requirements, in the medium and longer-term, as a basis for drafting a plan of action. Add a small section on observations regarding relevant issues raised in the draft revised labour law and labour law.

Presentations

The Consultant will deliver two presentations to constituents (electronic and print):

• a presentation of preliminary findings at a tripartite validation meeting to seek comments on a draft report; and
• a presentation of the final report at a tripartite meeting with the a view the adoption of a national plan of action towards ratification and implementation of the Convention.

The draft report will be reviewed by Ministry of OP&HRD, ILO Islamabad and ILO INWORK (Geneva). The Consultant will produce a final report on the basis of comments provided by ILO on the draft report and results of a tripartite validation meeting on the draft report.

ILO Website:

https://www.ilo.org/islamabad/aboutus/WCMS_748994/lang-en/index.htm