Junior Non-Key Expert to support the preparation a proposal to update decree 7993 which concerns the organization of trade unions

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:

1. Operational and legal framework for social dialogue developed
2. Institutional and technical capacity of the Ministry of Labour and its tripartite social partners is reinforced to promote social dialogue
3. 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 Junior Non Key Expert for the Activity 1.2: “Prepare a proposal to Update Decree 7993”.

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

The JNKE will be guided by a Senior NKE who already was identified and appointed for the same Activity.

1. 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 support the SNKE 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.

2. Scope of work / Methodology

In close collaboration with the Senior Non Key Expert for the update of decree 7993 (SNKE 1.2) and under the supervision of the Team Leader, the JNKE will:

1. Prepare and present a work plan for approval by the TL 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;
2. Support the analysis of the present system and going practice of Trade Unions in Lebanon and abroad: perform limited assignments, related to the review of pertinent / relevant sources of information related to Trade Unions in Lebanon and modernization and development trends on regional and international level;
3. Support the SNKE to 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;
4. Support the SNKE to draw conclusions on the actual status quo, to develop a clear-cut analysis of the current practices in Trade Unions in Lebanon, to propose legal clauses to be reformed and their possible modification and to share these recommendations with the relevant Working Group for validation during a first workshop session (= WS 1);
5. Support the SNKE to prepare a concept for the consensus building sessions / workshops with the Social Partners, covering both contents and methodologies;
6. Support the SNKE to prepare relevant information sources in the form of informative readers (abstracts, diagrams etc.) to be used as background information of workshop participants;
7. Prepare a series of 4 consensus building workshops, in cooperation with the TAT and the SNKE;
8. Support the SNKE to 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 ensure its implementation  ( = WS 2 to 5);
9. Support the SNKE to draft an updated Decree 7933, including mechanisms for mediation in work conflicts
10. Support the SNKE to present and discuss the draft updated Decree 7933 in a workshop with all social partners ( = WS 6);
11. Support the SNKE to 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;
12. 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.

3. 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 JNKE are as follows:

1. Work plan 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;
2. Contribution to the status quo and recommendations report: description and analysis of the status-quo of Trade Unions, revealing any perceived gaps and proposing amendments;
3. Preparation of first workshop session to share these findings and the recommendations with the relevant Working Group for validation (= WS 1);
4. Contribution to the concept for 4 consensus building sessions / workshops with the Social Partners, covering both contents and methodologies;
5. Informative readers (abstracts, diagrams etc.) as background information for workshop participants; these materials will be supported by Power Point Presentations (PPT);
6. Prepare and organize four (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);
7. Prepare and organize a workshop to discuss the updated Decree 7933, including mechanisms for mediation in work conflicts, with the MoL and the social partners and discuss it in ( = WS 6);
8. Prepare and organize one (1) wide conference with the tripartite social partners and other relevant stakeholders to present and discuss the proposed amendments and to publish the conclusions;
9. Contribute to the final report, covering all works (outputs) and key results of discussions for submission;
10. Participate in the presentation of the main achievements and outputs of the mission to the MoL and the EU during a final meeting (power point presentation in AR language).

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

Works under this assignment shall be implemented in the period from August until December 2018.

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

5. 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.

1. Qualification and experience of the expert

Qualification and key competences:

• University degree (Bachelor level) in Law, Public Administration, Political Science, Sociology or other relevant social area, preferable specializing in Trade Unions / 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 three (3) years of professional experience (after graduation) preferable in areas related to Public Administration, Trade Unions, Labour Law, or other relevant social area;
• Work experience in ENPI country in related field is an asset
• Demonstrable workshop experience and facilitation skills (at least 3 workshops prepared and implemented)
• Familiarity with the national scene and underlying currents in Social Dialogue, verified by track record of works including publications, is considered an asset.