Clarifications to this call for applications are presented at the end of this document

Clarifications to this call for applications are presented at the end of this document Call for Applications to Conduct Mapping Studies of Trade Unions and Professional Associations as Civil Society Actors Working on the Issues of Labour Rights and Social Dialogue in six EaP Countries The Eastern Partnership (EaP) is a joint policy initiative between the European Union and its six Eastern neighbours: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. This researched is commissioned within the framework of the EU funded project Eastern Partnership Civil Society Facility Regional Actions (www.eapcivilsociety.eu) 1. About Eastern Partnership Civil Society Facility project: The overall objective of the project is to strengthen and promote civil society's role in reforms and democratic changes taking place in the Eastern Neighbourhood countries, through increased participation in the fulfilment of Neighbourhood Policy objectives. The purpose of this project is to act as integrator and capitalisation centre, creating synergies between the various bilateral and regional initiatives for civil society and contributing to the replication and sustainability of their results. The project aims to collect and develop initiatives for capitalisation on the previous experience of EU projects/ grants along the following main results areas: mapping studies, e-learning for and training of Civil Society Organisations (CSOs), hackathons on IT applications for CSO s better involvement in holding governments to account, Civil Society Fellowships and promoting the role of CSOs in the democratic changes in their countries. The project is funded by the European Union and is implemented by the consortium led by GDSI Limited. Terms of Reference 2. General background of the assignment: The objective of this assignment is to conduct mapping studies of the current situation relating to trade unions and professional associations, as membership based civil society actors in the EaP region with a key role in the transition to new economic labour relations and inclusive growth. The purpose of these studies is to assess the potential and need for provision of EU support to this group of civil society and provide recommendations. The aim of such research should be benchmarked against standards for such organisations found in European countries, ideally new Member States. Page 1

The purpose of the research is to answer the question Which organisations among trade unions and professional associations in the EaP countries can the EU collaborate with, in particular on their initiatives related to labour rights and social dialogue?. The study should take into account and assess recent developments in the private sector, looking at any associative potential in the private sphere. 2.1 Contracting authority The Contracting Authority for this assignment is EaP Civil Society Facility-Regional Actions project, being implemented by the consortium led by GDSI limited. 2.2 Beneficiary The European Commission - DG NEAR and the six Delegations of the European Union to the Eastern Partnership countries. 2.3 The European Union and Civil Society Organizations in EaP countries As stated in all recent policy documents, the European Union (hereafter EU) considers civil society organisations not only as service providers and implementers of EU-funded actions, but also as key political actors in the development and democratization processes. A strong civil society involved in social, economic and political dialogues and capable of engaging in policy strategy is desirable to make development more effective and promote and/or strengthen democratization processes. Engaging in a structured dialogue with civil society has become a top priority for the EU, as a way to contribute to the ownership of development strategies, in line with the Aid Effectiveness Agenda. The European Commission has considered participatory development as a general co-operation principle since the end of 1990s. The principle of participatory development was re-affirmed in the 'White Book on European Governance' and in other policy documents such as the two communications on governance, namely: 'Governance and Development' and 'Governance in EU Consensus on Development'. The communication on the participation of Non-State Actors in development policy recommends involving CSOs in the five different stages of the development process (preparation of a national development strategy and of an EC country response strategy, policy dialogue in sectors of intervention, implementation and review). In the EU Consensus on Development (2005) the EU reiterated its political commitment to ensuring civil society participation of "all stakeholders in countries' development and in political, social and economic dialogue process"; to "building capacity for these actors"; to "strengthen their voice" and to provide aid "through different modalities that can be complementary, including support to and via the civil society". The communication "The roots of democracy and sustainable development: Europe's engagement with Civil Society in external relations" recommends to boost EU relations with CSOs and adapt them to current and future challenges. CSOs have increasingly become active players in the economic realm, with initiatives having an impact on local economies and by monitoring repercussions of national and international economic policies. Page 2

The EU also supports the "social economy", cooperatives, including worker and producer cooperatives and other mutual-interest organisations which focus also on achieving social impact besides profit, establish specific type of labour relations, promote small producers access to markets, and thus promote inclusive growth. The International Labour Organisation also views cooperatives as important in improving the living and working conditions, creating and sustaining employment and promoting decent work. 1 In addition, the countries under Association Agreements have committed to promoting the International Labour Organisation (ILO) Decent Work Agenda, social dialogue and social rights, and other Multilateral labour standards and agreements, internationally recognised core labour standards resulting from ILO Declaration on Fundamental Principles and Rights at Work such as the freedom of association and the effective recognition of the right to collective bargaining. EU Member States and EaP countries share a view that the EaP should to focus on delivering tangible results to citizens. In response, the European Commission and the European External Action Service identified a set of 20 deliverables for 2020, first published in December 2016, which aim to deliver concrete results and step up actions in four key priority areas: economic development and market opportunities; strengthening institutions and good governance; connectivity, energy efficiency, environment and climate change; mobility and people-to-people contacts. According to recent evaluations and studies, the EU needs to improve knowledge of civil society within its own institution and develop country-specific strategies to better involve them. Dynamic mappings of civil society organisations in partner countries are recommended as the main tool to determine where CSOs can be involved in bringing added value to the development processes, and how they can participate in political dialogue with partner governments. According to the ITUC Global Rights Index 2018, democratic space is shrinking. The number of countries with arbitrary arrests and detention of workers increased from 44 in 2017 to 59 in 2018, and freedom of speech was constrained in 54 countries. In Belarus, state repression of the independent labour movement intensified. The leaders of the Belarusian Radio and Electronic Industry Workers Union are under mass-scale criminal investigations for alleged large-scale tax evasion for donor aid received as part of trade union cooperation. In other countries in the region, business interests heavily influenced governments in a number of countries including Moldova, undermining collective bargaining. There was also an increasing trend to prosecute union members and in the Ukraine 94 mineworkers were sued for staging a strike underground to demand a wage raise. The purpose of mapping studies is also to identify CSOs capacity-building needs to better engage in such dialogue and to serve as a substantial tool for the EU to plan interventions in a more strategic way. 1 ILO Promotion of Cooperatives Recommendation, 2002 (No.193) Page 3

3. Scope of Work The scope of work of the assignment is as follows: A. Fine-tuning the proposed research methodology to obtain approval from the Contracting Authority and Beneficiaries. B. Conducting desk research on the trade unions and professional associations in the EaP countries and prepare missions plans (to be approved by the Contracting Authority) C. Conducting missions to five EaP Countries (no mission to Belarus is foreseen) to carry out research on trade unions and professional associations, especially those involved in the issues related to labour rights and social dialogue. For Belarus, the research methodology should be based on the assumption of remote interviews / surveys / etc. D. Develop six country reports including recommendations for EU possible support to trade unions and professional associations as civil society actors in each country. E. Develop a short regional (covering all six countries) analytical and summary report on the conducted study. The country reports should, as a minimum, cover the following questions: 1. Audit of Trade Union and Professional Associations (including of farmers) involved in the issues of labour rights and social dialogue, including: Two distinguishable models of trade union are present in EaP countries, referred to as traditional and modern trade union organisations. The modern model derives from Western style trade unions, which were established by workers themselves in order to safeguard their interests from encroachment by employers through processes such as collective bargaining and lobbying. Traditional trade unions are reminiscent of Soviet era trade unions which did not adopt such an advocacy-based role but were instruments of the workers state engaging in political, economic and production-based activities. In light of the above, the research should conduct a review of trade unions/ professional associations in each EaP country focusing on at least the following: - the number (registered by year of registration) and sizes of trade union/professional associations in each country, their membership numbers and affiliated local and regional organisations and, to the extent possible, the evolution of membership over time (last 10-20 years); - the structure and organisation type of trade unions/ professional associations and the relationship between vertical and horizontal chapters of such organisations level of federalization regional, national, by sector, etc; - differences between traditional trade unions (descendants of Soviet trade unions) and more recent / modern trade union organisations regarding their mandate, perceived role in society, function and structure; - the geographical locations of trade unions and how location can affect functionality; - the percentage of unionised workers per industry / area of work; - the existence of trade unions or associations in the private sector and their profile (history, membership numbers, structure, industries in which they operate, geographical location); - potential differences between trade unions from the public sector vs trade unions from Page 4

the private sector; - if trade unions / professional associations are limited in the private sector, the associative potential in the private sphere should be analysed (any emergent / new trade unions or professional associations). 2. Legislative Framework that governs the activities of the trade unions and professional associations: When analysing the legislative framework in each country, due attention should be given to the following: - the legislative framework governing the role and functions of trade unions and professional associations in the country (freedom of association, right to collective bargaining, right to trade union representation, right to strike, labour rights such as nondiscrimination in employment and prohibition of all forms of forced labour and of the associated issue of workers rights and social dialogue); - implementation and oversight of legal frameworks relating to trade unions and workers rights and international standards in labour laws and regulations; - restrictions on employee and union rights such as right to strike, right to engage in collective bargaining and general infringements on employee rights contrary to international standards; - recent or proposed legislative amendments to Labour Codes, whether these pose a negative or positive effect and whether such amendments were supported by local or national trade union organisations (see tripartite General Agreement 2016-2018 in Belarus). 3. Political Influence of Trade Unions/ Professional associations in EaP countries: Due attention should be given to the role of trade unions in the political arena and should encompass the following: - the independence of unions/ professional associations, and whether unions/ associations are affiliated with political parties or employer organisations and the effect of such affiliations on the legislative process and union engagement in employee advocacy (ability/willingness of unions to stand up for workers rights, etc.); - the relationship between trade unions/ professional associations and employers' associations, chambers of commerce or businesses (major tensions, examples of successful negotiations or cooperation); - the ability of trade unions/ professional associations to actively engage and implement their mission; - the level of engagement of trade unions and professional associations at public debates on socio-political issues and its correlation to achievement of necessary reforms; - whether there is a platform for tripartite dialogue and collaboration in each country; - issues relating to political pressure on unions/ professional associations and their representatives (e.g. recent arrests of Belarusian union leaders on charges of tax evasion, which are described as politically motivated by national and international observers); - the level of trust and confidence afforded to trade unions and professional associations by workers regarding the protection and advocacy of their labour rights, particularly Page 5

concerning young and female workers, and the effect of same on said employees willingness to join trade unions/ professional associations; - the existence of yellow unions in each country, whether they are supported by government, their popularity and effect on labour rights (unions deployed as tools by employers and the government in undermining the legitimacy and effectiveness of independent unions). 4. Trade Unions and Professional Associations Finances and Funding: Concerns have been raised by the international community at large regarding transparency of financial accounts of trade unions and professional associations. Thus, the following issues should be addressed in the mapping studies: - the source of funding and whether this funding is sufficient to allow trade unions and professional associations to properly implement all activities associated with their primary mission, i.e., their ability to engage in government lobbying, the promotion of workers rights, campaign and legal actions; - the source of assets owned by trade unions ( old-style trade unions have inherited significant assets from Soviet times; potential difference in assets between those active in the public vs the private sector); - whether the trade unions and professional associations are financially independent; - whether strict requirements exist regarding financial reporting for trade unions, particularly non-profit unions (See for example Executive Orders No.440 and No.553 approved by Cabinet of the Ministers of Ukraine and the Ministry of Finance); - use of yellow unions by employers to avoid taxation due to the non-profit status of such unions and whether such action endangers the non-profit status of independent trade unions; - whether trade union organisations are engaged in illegal financial activities, e.g., bribery by political parties, embezzlement of trade union funds. 5. Human Resources of Trade Unions and Professional Associations: Analysis of the human resources available to trade unions and professional associations in EaP countries should be given due consideration, including, but not limited to the following: - whether staff have the capacity and necessary skillset to effectively perform their functions, e.g. negotiating skills and whether trainings are actively given; - whether staff uphold outdated principles particularly traditionalist views regarding the operation and functions of trade unions; - whether staff are sufficiently educated regarding labour law legislation including their own personal rights and obligations; - potential differences in HR profiles of those active in the public sector vs the private sector. 6. International Relations: In the past 30 years, local and national trade unions and professional associations across the EaP region have been more proactive in fostering relations with international organisations such as International Trade Unions Confederation (ITUC), General Confederation of Trade Unions (GTCU), the United Nations Global Compact. Consideration should thus be given to the following: - the extent to which trade unions and professional associations are associated and engage Page 6

with international organisations; - whether trade unions and professional associations have engaged in bilateral co-operation with national similar organisations in other states (e.g. EU Member States) and whether such agreements are effective; - possible areas of further international co-operation and opportunities for further dialogue in the sphere of labour rights and legislation; - potential differences in the intensity and quality of international relations activities between those active in the public sector vs the private sector. 7. Recommendations for EU possible support to trade unions and professional associations as civil society actors in each country. 4. Key Outputs of Assignment: Individual mapping study reports (flash and final) for all six countries finalised, with executive summaries; A regional mapping study overview comparing and contrasting results found in each EaP country; Reports should be concise whilst still incorporating all sections detailed above. 5. Timing of activities: The assignment should be carried out from February 2019 until end of August 2019. 6. Expertise required: The Experts proposed for this assignment should have the following proven minimum educational background and professional experience: Qualification and skills: University degree in sociology, social policy, management, education, public administration, international relations, law, EU studies or equivalent; Excellent research skills, including data collection, analysis, writing and communication skills; Fluency in English is required; Knowledge of Russian or the languages of EaP countries is an advantage. General professional experience: At least 5 years of proven practical experience in research related to civil society actors; At least 3 years of experience related to the issues of labour rights and social dialogue; Research on trade unions and professional associations in EaP countries and/or EU (new) Member States would be a distinct advantage; Strong knowledge of the objectives of the EU neighbourhood policy is an advantage. Specific professional experience: Page 7

At least 5 years of practical experience in the development of research methodologies for data collection and analysis); At least 3 years of practical experience in producing research publications in English (list of publications with links, if available, is required in the CV). Experience of working with/ in EaP Countries is an advantage. 7. Language requirements: The primary language of the assignment is English. All written outputs shall be provided in English. 8. Expressing Interest: Interested organisations and individuals are invited to apply to express their interest by writing to: welcome@eapcivilsociety.eu with the following information: Technical: 1. RATIONALE: Any comments you have on the description of the assignment for the successful execution of activities, in particular regarding the objective and purpose, thus demonstrating the degree of understanding of the assignment. An explanation of the risks and assumptions affecting the execution of the assignment. 2. STRATEGY: An outline of the approach proposed for the assignment implementation. A list of the proposed tasks considered necessary to achieve the objectives, their sequence, duration, proposed inputs, and outputs to be produced. 3. EXPERT(S): Profile(s) and CV of expert(s) proposed for the implementation of the assignment. Justification for engagement of proposed expert(s). 4. TIMETABLE OF WORK: The timing, sequence and duration of the proposed tasks, taking into account travel time. The identification and timing of major milestones in executing the assignment. The expected number of working days required. 5. BACKSTOPPING: A short description of the support facilities (back-stopping) that the contractor will provide to the team of experts during the execution of the assignment. 6. PRESENTATION of organisation s or individual s experience on similar assignments. 7. PROOF of previous similar work. Financial: 8. ITEMISED BUDGET requested for this assignment. 9. Applications evaluation: The selection of the Contractor for this assignment will be done in accordance with the Quality and Cost Based selection method, in line with the following points: Criteria, sub-criteria, and point system for the evaluation of the applications Points 1. Rationale 10 2. Strategy 30 3. Expert(s) 30 4. Timetable 10 5. Backstopping 5 6. Specific experience of the consultant relevant to the assignment 15 Page 8

The weights given to the technical and financial parts of the application are: T = 0.8 and P = 0.2 No subcontracting is allowed in the implementation of this assignment. Successful applicants will be invited for contract negotiation. 10. Deadline: Interested organisations can request clarifications on this assignment by writing to the above address up to 21 st January, 2019 before 12:00 CET. The deadline for submitting the applications is 31 st January, 2019 at 12:00 CET by e-mail to welcome@eapcivilsociety.eu Page 9

CLARIFICATIONS to the Open Call for Applications to Conduct Mapping Studies of Trade Unions and Professional Associations as Civil Society Actors Working on the Issues of Labour Rights and Social Dialogue in six EaP Countries Question N o 1 ToR is missing. Answer N o 1 The ToR is available from http://gdsi.ie/vacancies.php and https://www.developmentaid.org/#!/jobs/view/610416/call-for-proposals-to-conduct-mappingstudies-of-trade-unions-and-professional-associations-in-six-e ) Question N o 2 As we intend to propose a complete team with technical and financial proposal, pls send us the complete ToR and the budget. Answer N o 2 Please find the link to download the ToR - http://gdsi.ie/vacancies.php The budget has to be worked out by the applicant and submitted with the proposal. Question N o 3 I was on the web but it doesnt seam complete on number of experts, man days and budget. Pls send us asap. Answer N o 3 It is up to the applicants to propose the methodology for the research and the number of days and number of experts for this assignment. Question N o 4 Budget is also needed to agree. If too low we prefer not to spend time and money to be later rejected by you. Answer N o 4 The top ranked applicant will be invited to negotiate. We will not be supplying financial information at this time to ensure the competition is just. Question N o 5 Who will be our contractor in case we win? Answer N o 5 The contract will be signed by GDSI Limited, leader of the consortium for the implementation of the EaP Civil Society Facility Regional Actions project. Page 10

Question N o 6 My question is related to the country reports preparation. Could you, please, clarify whether the call targets company or individual expert for the assignment? Provided Terms of reference does not give clear understanding. Answer N o 6 The assignment in question is quite extensive and we do not see it could be done by one person. So we expect an application by an organisation or a group of experts. Question N o 7 An entity is preparing a proposal for your current RFP. Would you please advise: Is there any specific format for the budget? (We are working on the number of person-days per person per activity x day-rate per person) In particular, are travel, accommodation and subsistence expenses to be included, or estimated, or charged at cost, or charged at EU per diem rates? Answer N o 7 We do not request a specific template for the financial offer. However, the budget has to be either itemised or fees only all inclusive. Travel, accommodation and subsistence expenses should be estimated as accurately as possible. There is no need to charge these at EU per diem rates. Page 11