International Labour Organization Tender

Mwea - Feasibility Study On Establishing Wage Guarantee Mechanisms In Malaysia. & Terms Of Reference Feasibility Study On Establishing Wage Guarantee Mechanisms In Malaysia   Background Wages Are Among The Aspects Of Work Conditions That Have The Most Direct And Tangible Effect On The Everyday Lives Of Workers And Employers. Wages Can Determine Job Choice, The Number Of Hours Worked, And Whether Or Not To Migrate For Employment. Adequate Wages That Ensure A Fair Share Of The Fruits Of Labour And Standards For Wage Protection Lie At The Heart Of The Ilo’s Mandate On Social Justice And The Promotion Of Decent Work. For Workers To Receive The Expected Benefits Of The Wages They Earn, Wages Need To Be Paid In Full And In A Predictable And Timely Manner. Ensuring Timely Payment Of Wages Requires A Wide Range Of Measures, Not Only At The Legislative Level But Also In Practice, As Well As Through An Open And Continuous Dialogue With And Among The Social Partners. Despite Efforts By Governments And Workers’ And Employers’ Organizations Around The World To Develop Wage Protection Laws And Policies, Delayed Payment, Underpayment And Non-payment Of Wages Continue To Be Major Challenges For Many Of The World’s Workers, Particularly Migrant Workers. Workers Who Migrate From One Country To Another May Also Experience Additional Problems In Collecting Outstanding Wages Due To Language Or Legal Barriers. Moreover, In Situations Characterized By Discrimination, Unfair Recruitment Processes, And/or Restrictions Based On Their Migration Status, Migrant Workers Can Be Particularly Vulnerable To Labour And Wage Related Abuses. Delayed, Underpayment And Non-payment Of Wages May Also Be Caused By Insolvency Of A Company, Which Impacts Both Employers And Workers. An Insolvent Company May Owe Outside Creditors (such As Financial Institutions, Suppliers, And Landlords Among Others) Partial Or Full Payments For Outstanding Debt. At The Same Time, The Company As An Employer May Have Internal Debts To Workers If They Have Not Paid Part Or All Of Wages And Remuneration Owed To Workers. This Can Have Significant And Profoundly Negative Consequences For Workers As They And Their Families May Be Wholly Dependent On Those Wages Or Remuneration To Live. The Experiences Of Employers And Workers During The Covid-19 Pandemic Highlighted The Complex Challenges Around Wage Payments And Policy Gaps In Wage Protection. Wage Losses And Violations Experienced By Women And Men Migrant Workers During The Covid-19 Pandemic, And A Lack Of Mechanisms To Protect Their Wages In The Event Of Insolvency Has Led To Increased Regional And Global Attention. According To An Ilo Survey Conducted In The Asean Region During The Pandemic, Among The Survey Respondents, 52 Per Cent Of The Laid Off Or Retrenched Respondents Had Not Been Fully Paid For Completed Work. In Addition, Many Respondents Saw Their Wages Drop, With Men Experiencing 22 Per Cent Wage Losses And Women Experiencing 15 Per Cent Wage Losses On Average. Overtime Wages Dropped On Average By 59 Percent For Men And 39 For Women Migrant Workers. Further, Some Migrant Workers Reported Increased Salary Deductions To Cover Accommodation, Utilities, Unpaid Leave, And/or Covid-19 Testing. Causes For Wage Violations Against Women And Men Migrant Workers In Malaysia Include The Inaccurate Calculation Of Working Hours, Use Of Pay Slips That Do Not Provide A Detailed Breakdown Of Working Hours, And Hidden Or Unjust Deductions. The Patterns Of Violations Vary Between Sectors Of Employment And Between Different Migrant Communities. Seeking Compensation For Wage Claims Is Difficult Due To Lack Of Working Time Documentation And Policies That Allow Employers’ Discretion To Cancel Migrant Workers’ Work Permits When Disputes Arise. Migrant Workers May Also Be Excluded From Collective Bargaining Agreements That Are Used To Define Wages And Other Conditions Of Work For Malaysian Workers   For These Reasons, Policy, Legal, And Institutional Mechanisms Become Important To Address Worker Wage Claims And Support Employers In Fulfilling Obligations For The Payment Of Due Wages And Other Benefits. Ilo Protection Of Wages Convention, 1949 (no. 95) And Protection Of Wages Recommendation, 1949 (no.85) Seek To Provide Protections Related To Workers’ Remuneration. They Provide A Framework For The Key Principles That Underlie Wage Protection. A Common Principle In Both Standards Is To Ensure The Prompt Payment Of Wages Directly To The Worker. Under Ilo Standards, Wage Protection May Be Considered To Encompass: The Right To Payment In Legal Tender At Regular Intervals, Directly To The Worker Or The Worker’s Chosen Bank Account. The Ability Of Workers To Dispose Of Their Wages As They Choose. Protection With Regards To Payment In Kind And Deductions Of Wages (including Prohibiting Payments To Intermediaries, Such As Labour Contractors Or Recruiters For Obtaining Or Retaining Employment). Privileged Treatment Of Worker Wage Claims In The Enterprise Insolvency Procedure. Upon The Termination Of The Employment Contract, The Right Of Workers To A Swift And Final Settlement Of Wages They May Be Owed. The Right Of Workers To Be Informed Of Their Wages Before They Enter Employment And At The Time Of Each Payment Of Wages. The Migrant Workers Empowerment And Advocacy (mwea) Project Aims To Ensure That The Rights Of Women And Men Migrant Workers Are Protected In Malaysia. In Its First Phase, 2016-22, The Project Focused On Empowering Malaysian Trade Unions And Civil Society To Better Support Migrant Workers In The Realization Of Their Rights; Empowering Women And Men Migrant Workers To Realize Their Rights; And Inspiring The Malaysian Public To Demonstrate Increased Support For The Rights And Welfare Of Migrant Workers.  The Extension Of The Mwea Project To 2026 Has Added A Focus On Strengthening Malaysia’s Policy Frameworks And Mechanisms On Wage Protection And Fair Recruitment, And On Supporting The Development And Implementation Of These Policies Through Engagement And Collaboration With Malaysian Stakeholders. The Project Will Build On And Extend On-going Initiatives Of The Ilo And Its Tripartite Constituents That Take Forward The Ilo’s Fair Recruitment And Decent Work Agenda.   The Mwea Project Seeks A Consultant To Conduct A Feasibility Study On Establishing A Wage Guarantee Mechanism In Malaysia. The Study Will Draw From International Standards, Policies And Practices; As Well As Analyse The Existing Environment In Malaysia To Develop Recommendations For Ensuring The Timely And Fair Payment Of Workers Due Wages, And Other Entitlements And Benefits. An In-depth Review Of Existing Models In Other Countries Will Be Conducted Along With An Analysis Of Their Feasibility For Replication In Malaysia. Models That May Be Reviewed (among Others), Include: China: Contingency Wage Funds Germany: Employer Insolvency Wage Fund Hong Kong: Protection Of Wages On Insolvency Fund Qatar: Workers Support And Insurance Fund Singapore: Migrant Workers’ Assistance Fund Uae: Wage Insurance Scheme   Objectives Of The Study   The Initiative Aims To Improve The Knowledge Base As Well As Inform The Ilo’s Technical Assistance Strategies, Policy And Capacity Building Interventions, And Collaboration With Tripartite Constituents Towards Strengthening Wage Protection For Workers In Malaysia. Research Findings Will Provide Recommendations To Tripartite Constituents And Other Relevant Stakeholders On Possible Models For Replication And A Framework For Interventions To Guarantee Payment Of Due Wages And Other Entitlements And Benefit To Workers In Malaysia. More Specifically, The Study Will: Present International Standards As Well As Current National Policies And Practices Aimed At Ensuring The Timely And Fair Payment Of Workers’ Due Wages And Other Entitlements And Benefit Provide An Analysis Of The Current Policies, Processes And Systems In Place In Malaysia; And Identify Gaps And Opportunities For Improvement Provide An In-depth Review Of Select Models From Other Countries And Analysis Of What May Be Appropriate And Replicable In Malaysia Draw Policy, Operational And System Level Recommendations (including Structural Diagrams And Process Flow Charts) For Establishing And Operationalizing A Wage Guarantee Mechanism In Malaysia   Tasks Of The Consultant(s)   Scope And Research Inquiry: Review Of International Standards, National Policies, And Good Practices For Establishing And Operationalizing Wage Guarantee Mechanisms And/or Ensuring The Timely And Fair Payment Of Workers’ Due Wages And Other Entitlements And Benefits Analysis Of Enabling Policies And Structures, As Well As Opportunities And Challenges For Establishing Such Mechanisms In Malaysia Evaluation Of Potential Models, And Of Their Feasibility For Replication In Malaysia Presentation Of Policy, Operational And Systems Level Recommendations, Including Potential Function, Coverage, Structure And Funding Of The Mechanism Process For The Administration And Monitoring Of The Mechanism Role Of Duty Bearers For Establishing, Operationalizing And Activating The Mechanism Role Of Other Stakeholders To Support Registration And Utilization Among Employers And Workers   Methodology: The Consultant Will Prepare An Inception Paper / Research Plan Detailing The Objectives, Research Questions, Research Methodology, And Work Plan. The Inception Paper Will Be Finalized With Inputs From The Ilo. The Consultant Will Then Carry Out A Desk Review Of International Standards, National Policies, And Good Practices Related To The Establishment And Implementation Of Wage Guarantee Mechanisms.  Based On The Inception Paper And Desk Review, Data Collection Tools And A Preliminary List Of Individuals And Organizations To Be Interviewed Will Be Developed. Semi-structured Key Informant Interviews Will Be Conducted Among Relevant Stakeholders In Malaysia And In Select Countries, And Technical Specialists. Interviews May Be Done Face To Face Or Online. After The Preparation Of Preliminary Findings, Additional Consultative Meetings Or Focused Group Discussions May Be Conducted Among Relevant Government, Employers And Workers Representatives To Obtain Initial Impressions And Additional Data, As Needed. After Completion Of A Draft Report, A Validation Workshop Will Be Conducted To Present The Findings And Gather Feedback From Stakeholders. A Final Report And A Set Of Presentation Materials Will Be Developed Reflecting Inputs From The Workshop And The Ilo. Duration: The Assignment Is Estimated To Be Implemented Over The Course Of 24 Weeks.   Deliverables And Estimated Timelines   Deliverables: The Consultant Is Expected To Submit Draft And Final Versions Of The Following, To The Satisfaction Of The Ilo: Inception Paper / Research Plan Outlining The Objectives, Research Questions, Research Methodology And Work Plan Preliminary Findings Following Desk Review And Key Informant Interviews A Report (approximately 50 Pages) That Reviews Existing International Standards, National Policies And Good Practices In Establishing And Implementing Wage Guarantee Mechanisms; Explores Opportunities, Challenges And Potential Models For Establishing Such Mechanisms In Malaysia; And Provides Policy, Operational And Systems Level Recommendations A Narrative Brief (approximately 4 Pages) Summarizing The Research Findings A Powerpoint Presentation Summarizing The Research Findings A Directory Of Stakeholders And Respondents Engaged In The Study   Estimated Timelines: For Further Elaboration By Selected Consultant(s), The Following Work Is Expected To Be Implemented Over The Course Of 24 Weeks.     Work Days Preparation Of Inception Report 3 Days Desk Review 7 Days Key Informant Interviews 10 Days Preparation Of Preliminary Findings 10 Days Additional Consultations, Focused Group Discussions, And Data Collection 5 Days Preparation Of Draft Report 10 Days Presentation At The Validation Workshop 3 Days Preparation Of Final Report 10 Days Preparation Of Narrative Brief Summarizing Research Findings 5 Days Preparation Of Presentation Materials Summarizing Research Findings 2 Days   65 Work Days   Terms Of Payment   Payments Will Be Made As Follows: First Payment (10%): Upon Signing Of The Contract And Submission Of Draft Inception Paper / Research Plan Second Payment (30%): Upon Submission Of The Preliminary Findings Third Payment (40%): Upon Submission Of The Draft Report And Directory Of Stakeholders And Respondents Engaged In The Study, To The Satisfaction Of The Ilo Fourth Payment (20%): Upon Submission Of The Final Report, Narrative Brief And Powerpoint Presentation   Contract Modality   A Request For Proposals Will Be Issued Wherein Eligible Individuals And Research Institutes Can Apply. The Ilo Will Issue Either An External Collaborator (consultancy) Contract To The Selected Individual, Or A Service Contract To The Selected Research Institute.   Qualifications And Experience   Researchers Undertaking The Study Are Expected To Have: Advanced University Degree(s) In A Relevant Field, Including Law, Economics, Political Science, Social Science, Migration, Public Administration, Or Development Studies Minimum 8 Years Experience Working On Wage Or Labour Migration Issues, As Well As Systems Development Prior Experience In Producing Wages Or Labour Migration Related Research And Tools, Including Systems Feasibility Analysis Excellent Command Of English; Strong Commitment To Quality And A Thorough Approach To The Work     Selection Criteria And Review Process   Priority Will Be Given To Proposals That Demonstrate The Following Characteristics: Quality And Coherence Of The Proposal (45%): A Good Proposal Sets Clear Objectives And Scope; Provides Detailed Methodology, Outputs And Activities; And Defines A Realistic Work Plan And Budget With Concrete Steps To Achieving The Expected Results. Capacity And Potential Of Implementing Individuals(s) And/or Organization(s) (15%): Proposals Should Demonstrate The Implementing Organizations’ Ability To Compile And Analyse The Relevant Body Of Literature, Reach The Intended Target Respondents, Successfully Conduct Activities, Produce A Well-written Paper To The Satisfaction Of Ilo, And Manage The Project In A Professional Manner. Expertise And Experience In Conducting Related Work (10%): Proposals Should Present The Researchers’ Qualifications With Reference To Those Outlined Above In Section G (qualifications And Experience), Demonstrate Understanding Of Relevant Conceptual And Analytical Frameworks, And Reference Previous Work And Achievements That Are Relevant To The Tasks At Hand Value For Money (30%): Budget Proposals Should Include All Costs, Including Professional Fees As Well As Costs Related To The Conduct Of Activities (e.g. Interviews, Focus Group Discussions And Other Data Collection Activities).   Submission Of Proposals   Any Questions Or Clarifications About This Request For Proposal Must Be Submitted To Ilokloffice@ilo.org By Wednesday, 27 March 2024. The Ilo’s Response Will Be Provided In Writing, Through Email By Friday, 29 March 2024.   Applicants Are Requested To Submit Narrative And Budget Proposals In Separate Emails. One Should Bear The Email Title Of “envelope A – Technical Proposal For Mwea Project”; And The Other Should Bear The Email Title Of “envelope A – Financial Proposal For Mwea Project”. Proposals That Have The Narrative And Budget Proposals Sent Together In One Email Will Not Be Considered. There Should Be No Mention Of The Budget In The Narrative Proposal. Proposals Must Be Submitted Electronically On Or Before 11:00 Pm Friday, 5 April 2024 To Ilokloffice@ilo.org. Proposals And Modifications To Proposals Received After The Deadline Will Be Rejected.