Senior Non-Key Expert (SNKE) to prepare a proposal to update decree 7993 which concerns the organization of trade unions (SNKE 1.2 - up to 40 working days)

1.  Background

The Project “Promotion of Social Dialogue in Lebanon” aims to enhance the capacity of the Government of Lebanon and the Lebanese Social Partners and Civil Society to be promoters of Social Dialogue in order to strengthen social protection and improve and enforce labour legislation.

This project is funded by the European Union under the “Social Justice Programme” (SJ), which is comprised of eight projects. The SJP programme’s objective is to advocate for democracy, human rights and social justice in Lebanon, promoting good governance and gender equality at its core. Overall, the SJP programme supports the strengthening of the institutional framework for the protection of human rights and the development of democratic governance in Lebanon.

The specific purpose of the Technical Assistance Contract between the EU and GOPA Consultants is to increase the capacities of the Ministry of Labour and Tripartite Social Partners to be promoters of social dialogue.

Three results have to be achieved in order to reach the purpose:

- Operational and legal framework for social dialogue developed

- Institutional and technical capacity of the Ministry of Labour and its tripartite social partners is reinforced to promote social dialogue

- Tripartite social dialogue and collective bargaining are promoted at national level

The main beneficiary of the project is the Ministry of Labour (MoL), especially the “Professions and Trade Unions Department” and the “Labour Inspection, Prevention and Safety Department” of the MoL.

Other beneficiaries and partners of the project are the Economic and Social Council (ECOSOC), the National Employment Office (NEO), Employer Organizations, Trade Unions, Civil Society Organisations and other relevant stakeholders involved in Social Dialogue.

The purpose of this TOR is to define the work of a Senior Non Key Expert for the Task 1.2: “Prepare a proposal to Update Decree 7993”.

The technical services will be delivered by the SNKE for a total of up to 40 working days, stretched over a period of 7 months - see no. 6 below, time-line.

2.  Objectives of the assignment

Under Result 1, the MoL is seeking to introduce a modernized institutional and legal framework for Social Dialogue. Among others, the MoL and the trade unions want to update the degree 7993, which concerns the organization of trade unions.

The overall objective of this assignment is to deliver a cohesive concept for the modernization and reform of the legal framework for trade unions, in specific to develop a draft for a new decree number 7993 including mechanism for mediation in work conflicts, under the auspices of the MoL.

This draft decree will be elaborated by a Working Group (WG), chaired by the MoL and consisting of selected representatives from the tripartite Social Partners: Ministry of Labor, Trade Unions, Employer´s and Industrial organizations as well as Civil Society Organizations.

In addition to decree 7993, necessary changes in the labor law- especially regarding Article 50 – might be discussed during the sessions of the working group.

3.  Scope of work / Methodology

In close collaboration with the Team Leader and supported by a Junior Non Key Expert (JNKE), the SNKE will:

• Prepare and present an implementation concept / work plan for approval by the TL and MoL that clearly lays-out all the works to be undertaken under this assignment, including information sharing and consensus building in up to 6 workshops with the WG and a wide conference;
• Analyze the present system and practice of Trade Unions in Lebanon and abroad: review pertinent / relevant sources of information related to Trade Unions in Lebanon and modernization and development trends on regional and international level;
• Review, analyze and identity the gaps of the existing legal framework for Trade Unions in consultation with relevant stakeholders, in particular analyze and review the existing regulations of the Decree 7993;
• Draw conclusions on the actual status quo, develop a clear-cut analysis of the current practices in Trade Unions in Lebanon, propose legal clauses to be reformed and their possible modification and share these recommendations with the relevant Working Group for validation during a first workshop session (= WS 1);
• Prepare and present to the TL a concept for the consensus building sessions / workshops with the Social Partners, covering both contents and methodologies;
• Prepare and present to the TL relevant information sources in the form of informative readers (abstracts, diagrams etc.) to be used as background information of workshop participants;
• Jointly with the TAT and the JNKE, partake in the organizational preparation of the workshop;
• Facilitate a series of 4 consensus building workshops to discuss the modifications of the legal framework with the tripartite social partners including a discussion on a strategic approach, how to foster the promulgation of the revised legal framework in order to insure its implementation ( = WS 2 to 5);
• Draft an updated Decree 7933, including mechanisms for mediation in work conflicts, submit the draft revision to the MoL and to the social partners and discuss it in a workshop ( = WS 6);
• Prepare and organize at least one wide conference with the tripartite social partners and other relevant stakeholders to present and discuss the proposed amendments and publish the conclusions.

- Document all works providing evidence (as reports) in soft and hard copies.

This list may not be exhaustive, and additional or other works (similar to the nature of this assignment) may be requested by the TL.

4.  Deliverables and place of work

The usual place of work is the project office in Beirut within the premises of the Economic & Social Council (ECOSOC) in Downtown Beirut or the venue of the various workshops.

The deliverables of the SNKE are as follows:

• Implementation concept / work plan for approval by the TL and MoL that clearly lays-out all the works to be undertaken under this assignment, including information sharing and consensus building in up to 6 workshops with the WG and a wide conference;
• Status quo and recommendations report: description and analysis of the status-quo of Trade Unions, revealing any perceived gaps and proposing amendments;
• A first workshop session (= WS 1) to share these recommendations with the relevant Working Group for validation during a workshop (= WS 1);
• Concept for 4 consensus building sessions / workshops with the Social Partners, covering both contents and methodologies;
• Prepare and present relevant material in the form of informative readers (abstracts, diagrams etc.) as background information for workshop participants; these materials will be supported by Power Point Presentations (PPT);
• Organize the working group and facilitate 4 consensus building sessions related to the proposed changes of the existing decree 7993 and selected other aspects, governing the work of Trade Unions ( = WS 2 to 5);
• Draft of an updated Decree 7933, including mechanisms for mediation in work conflicts, submit the draft revision to the MoL and to the social partners and discuss it in a workshop ( = WS 6);
• One (1) wide conference with the tripartite social partners and other relevant stakeholders to present and discuss the proposed amendments prepared, implemented and the conclusions published;
• A final report, covering all works (outputs) and key results of discussions for submission to the Team Leader;
• Presentation of the main achievements and outputs of the mission to the EU and the MoL during a final meeting (power point presentation in AR language).

5.  Time line and working days (up to 40 wd)

Works under this assignment shall be implemented in the period from April until October 2018.

In order to deliver all the services requested, in total up to 40 working days are foreseen.

6.  Language

All reports have to be provided in English, the draft decree 7993 and the material for the workshops have to be provided in AR. The workshops have to be conducted in AR.

A selection of documents or outputs (if needed) will be translated from English to Arabic (or vice versa) by the Project.

7.  Qualification and experience of the Expert

Qualification and key competences:

• Master degree in Law, Public Administration, Political Science, Sociology or other relevant social area, preferable specializing in Trade Unions / Labor Law or a Bachelor degree with five (5) years of additional relevant professional experience, directly related to Trade Unions and / or Labor Law
• Excellent verbal and written communication skills in English & Arabic
• Demonstrated excellent writing and editing skills in English and Arabic;  Excellent verbal and written command of French will be an asset
• Strong interpersonal and communication skills
• Strong analytical and organizational skills
• Application of the consulting approaches, including workshop moderation in capacity development

Professional experience:

• Minimum of eight (8) years of professional experience in areas related to Public Administration, Trade Unions, Labour Law, or other relevant social area;
• Minimum one work experience in public sector law reform
• Work experience in ENPI country in related field is an asset
• Familiar with the National scene and underlying currents in Social Dialogue, verified by track record of works, including publications;