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[DRAFT] Terms of Reference
Exploratory Study
A national registry/database of Workers and Enterprises (Formal & Informal Economy) in Pakistan
Background
Pakistan is a country with the 9th largest labour force in the world. However, a majority (almost 90%) of its 61.7 million workforce works in the informal economy – either in the informal sector or in the informal segment within the formal sector enterprises. Agriculture is the largest employment sector covering around 43% of the workforce and is generally informal in nature. Out of non-agricultural workers, 73.3% are engaged in the informal sector.
In so far, Pakistan has no comprehensive database or management information system (MIS) for all enterprises and workers[1] due to various reasons. This is not only a barrier in proper documentation of economy but also a barrier in undertaking effective labour inspection, and distribution of benefits to workers in cases such as the COVID-19 pandemic. So far no registry system covers the informal economy in the country. Some people are self-employed in the informal sector and they may find the registration too cumbersome or may want to avoid registration and taxation therefore, they want to stay undocumented. However, many people work in the informal sector through necessity, not by choice. Today, two features of the informal sector are well recognized. Firstly, much of the informal economy contributes greatly to the formal economy. Secondly, women constitute the majority of precarious, under-paid, informal economy workers.
A number of active social assistive programmes target the poor, destitute, orphans, widows and other vulnerable groups such as BISP, Sehat Sahulat, Waseela-e- Taleem, Zakat, Baitulmaal, Social Welfare etc. In 2019, all these programmes were anchored under the National Poverty Alleviation Programme, EHSAAS[2]. EHSAAS envisions, universal coverage and adequacy of benefits through good governance, human capital development, jobs and livelihood and safety nets. These social assistance programmes are targeted programmes and aimed at the poor.
Labour assistive programmes cover those employed in the formal sector (or previously employed e.g. in the case of old age benefits). Conservative estimates suggest that as few as only 8% of workers in Pakistan have some form of social security coverage. Those in the informal economy are not entitled to these benefits by virtue of being excluded from the relevant laws, while it is anecdotally known that not all larger enterprises and/or all their workers are properly registered with relevant social security institutions.
Covid-19 hit the country and with lockdowns killing the income of millions of daily wage workers in the informal economy. In May 2020, the EHSAAS Labour Welfare and Social Protection Expert Group (LEG) is in final stages of releasing a recommendations report. One of its recommendations, which involves incrementally bringing the informal workers into the social security framework, has been approved by the Cabinet for implementation. The policy entails mandatory bank accounts as the initial step to formalization and ensuring minimum wage. As part of its first charge and directions , the expert group was given a mandate to develop recommendations to bring the informal economy workers into the social protection framework.
This exploratory analysis is undertaken within and in support of the implementation of the project “Promotion of Decent Work Opportunities for the Economic Empowerment of Vulnerable Segments of Society” funded by the Italian Ministry of Foreign Affairs and International Cooperation (Second Component concerning social protection)
Strategic linkages
This analysis contributes to the Pakistan Decent Work Country Programme 2016-2020 (extended to 2022), Priority Area 4: “Extending Social Protection”, with international Labour Standards being a cross-cutting theme.
Globally, this work contributes to Outcome 8 “Comprehensive and sustainable social protection for all” as envisaged in the ILO Programme and Budget for 2020–21.
In turn, the work would contribute to UN Strategic Development Framework 2018-2022 (Pakistan), Outcome 10 “Social Protection” and the SDG target 1.3
In Pakistan, this work contributes to the Government of Pakistan’s EHSAAS Programme in general and in particular to the ‘Mazdoor-Ka-Ehsaas (MKE)’ Policy recommendations. It is also aligned with the Policy recommendations of ‘Socio-Economic Impact Assessment & Response Plan (SIEA&RP) of COVID-19 in Pakistan’ – jointly developed by the Planning Commission of Pakistan and UN Agencies.
Existing Registries, Databases and MIS available in Pakistan
At present, following institutions maintain some sort of data and information, which may provide a strong foundation for developing a comprehensive Registry for Enterprises and Workers in Pakistan:
Challenges
Despite the above-mentioned initiatives and registry systems, informal economy is still untraceable, beyond the Labour Force Survey. Much of the informal economy comprises unregistered workplaces, some intentionally hidden. Domestic service and homebased work are some of the types of work that take place in the privacy of the homes, as are traditional trades.
Moreover, human, technical and financial resource constraints have made it difficult for labour administrations and labour inspectorates to maintain enough qualified inspectors to cover formal economy establishments, let alone the home- and street-based businesses and services – often roaming – that may defy standards and regular forms of inspection More importantly, however, he legal constraints prevent their ability to inspect such work premises, as those businesses and services are explicitly or implicitly excluded from the laws. In many cases, national law is either silent on inspectors’ rights to inspect such workplaces or deliberately limits the Inspectors’ right of entry to private households or to workplaces below a minimum number of employees. To date, national inspectorates have not, by and large, been successful in finding ways to target locations like these where informal economy flourishes, primarily because they are not clients of or they are not known to the inspectorates.
Among other challenges, are the following:
Objectives of EXPLORATORY STUDY ON a NATIONAL REGISTRY/DATABASE on ENTERPRISES and/OR WORKERS
In view of above situation, it is essential that the Government of Pakistan would have access to, and as the case maybe establish, amend and maintain a comprehensive registry of enterprises and workers. . The purpose of this study is to explore the current scenario in terms of existing and/or registries and databases of relevance to the labour market and to review the need for further expansion of the existing facilities or establishment of a separate register for enterprises, workers, including self-employed. The exploratory study is also intended to study issues such data/registry structures and interaction, level of information to be included, entry and retrieval of data, maintenance of data, accessibility, governance, data security, incentives/disincentives to register, cost estimates etc.
Approach
COVID-19 crisis has unfolded the long-time pending issues of documenting Formal and Informal economy Workers and Enterprises and Government of Pakistan is willing to utilise this opportunity to first identify and reach out to this segment. As mentioned above, EHSAAS Labour Welfare and Social Protection Expert Group is in final stages of releasing its recommendations report. One of its recommendations, which involves incrementally bringing the informal workers into the social security net, concerns the establishment of a new register for enterprises and workers (with particular focus on informal economy workers).
The purpose of such registry could serve, among other things the following purposes:
The present study would facilitate the clarification of whether a new register would be required or the existing could be amended, including amended in terms of responsibility for entry and maintenance of data and accessibility to data.
If a new registry would be required, the intention would be to effectively link it with existing registries and databases of NADRA, NSER, EOBI, ESSIs, SECP, FBR and other Federal and Provincial institutions – to ensure compatibility and convergence of data and avoiding duplication of efforts, double-reporting and transparency.
SCOPE OF WORK
For this purpose, ILO intends to engage a team of one international technical consultant (lead consultant) and one national consultant to undertake an exploratory study to explore and review current registers/databases in Pakistan and the scope for amendments of those to serve the need or if establishment of (a) new register(s) would be required. The exploratory study will focus on providing background information enabling further policy recommendations and studies on the matter.
The study will draw upon similar experiences in other countries as well as inputs from all relevant stakeholders including tripartite constituents (including representatives of informal economy workers and employers), National Information Technology Board (NITB), Poverty Alleviation and Social Safety Division (PASSD), Benazir Income Support Programme (BISP), Pakistan Bureau of Statistics (PBS) and other stakeholders (e.g. Academia, Civil Society Organizations, etc.) keeping in view the existing laws, its coverage and benefits.
The team of technical consultants will be required to study and examine following important measures, which could be taken into consideration for the purpose of ensuring (and possibly establishing) a registry of both formal and informal economy workers and enterprises.
Terms of Reference for Technical Consultants
The Consultants will be required to undertake following assignments:
International Technical Consultant (lead consultant):
National Technical Consultant:
The above outputs may be completed within a period of 2 months. Exact number of workdays required for the assignment will be shared by Consultants.
Deliverables
Consultants will be required to deliver the following:
Responsibility Framework
Special Provisions
Required Qualification and Experience
The consultants should have the following qualification and experience:
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: ahmadbilal@ilo.org by Friday, 7th August 2020.
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 ahmadbilal@ilo.org) quoting the RFQ reference.
[1] This includes all commercial entities as well private entities with workers/employees/self-employed. The term workers covers in this context all workers, including those with supervisory functions, but equally those that are currently unemployed and looking for jobs.
[2] https://www.pass.gov.pk/home
[3] http://www.pbs.gov.pk/content/business-register
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