TERMS OF REFERENCE FOR SHORT-TERM CONSULTANCY CONTRACT NATURE OF THE CONSULTANCY: To develop an analytical report based on data analysis and stakeholder interviews in Poland on labour migration of Georgian workers to Poland. The research consists of two strands: 1) assessing labour migration in Poland in order to identify skills shortages by economic sectors/required skills levels for effective demand-supply matching within the current project; 2) analyzing labour migration of Georgian workers to Poland under the current facilitated labour migration scheme (a similar research strand will be carried out concurrently by a Georgian consultant in Georgia). OBJECTIVE OF THE RESEARCH: The objective of the research is to analyze and assess: the labour market needs in the sectors that require foreign labour force in Poland, the results and challenges of Georgian workers labour migration to Poland under the current facilitated temporary labour migration scheme to Poland (procedura oświadczeniowa), to enable a more targeted approach to matching workers with employment opportunities and further refine existing, and/or propose new pilot temporary recruitment schemes based on concrete needs, building a basis for a long-standing bilateral cooperation for temporary and circular migration schemes between Georgia and Poland. RATIONALE: Since 2009, under a facilitated temporary labour migration scheme, Georgian citizens, along with nationals of other Eastern Partnership countries, have been able to legally work in Poland for up to 6 months per year without a work permit with a possibility to re-enter and work under the same conditions, including changing the employer. Since the inception of this simplified procedure facilitating circularity of movement, over 7000 workers from Georgia have made use of its benefits, primarily working in the agriculture and construction sectors. However, the spontaneous character of labour migration of Georgians within the Polish scheme, has not yet allowed the Georgian Government to initiate a more substantial and long-term planning to adequately respond to national workforce development needs and ensure better skills matching. IOM Warsaw Mariensztat 8, 00-302 Warsaw, Poland Tel.: + 48 22 538 91 03, Fax: + 48 22 538 91 40 Internet: www.iom.int, www.iom.pl
2 IOM Project to which the consultancy is contributing - Piloting Temporary Labour Migration of Georgian Workers to Poland and Estonia is funded by IOM Development Fund (IDF): The project aims to leverage Poland s existing labour migration programme for selected countries, including Georgia. Estonia is another project participant EU Member State which displayed interest in piloting a regulated temporary labour migration scheme with Georgia with a particular focus on skilled workers. The objective of the project is to develop operational frameworks for facilitating worker mobility from Georgia to Poland and Estonia that promote effective job-matching, migrant skill development and protection of their labour and human rights. The project directly responds to the objectives of the EU-Georgia Mobility Partnership, promoting a better framework for legal mobility, supported by more information and concrete, effective labour migration initiatives. The EU directive on seasonal employment of third-country nationals and other relevant EU frameworks will be considered while designing the temporary recruitment schemes. TASKS TO BE PERFORMED UNDER THE CONTRACT: 1) Methodology development: Develop interviews guidelines for different stakeholders (in particular: employers, private employment agencies, public employment services, relevant ministries, Georgian embassy/consulate in Poland, Georgian migrants in Poland and other identified, relevant stakeholders) addressing both research strands: (1) labour market assessment; (2) the existing temporary migration scheme evaluation (the second strand requires the coordination of the development of methodological tools with the contracted Georgian consultant concurrently carrying out a similar activity in Georgia). The methodology proposed by the consultant shall be coordinated with and approved by IOM. The list of respondents to be interviewed shall be developed in close coordination with the IOM Mission to Poland that approves such a list. 2) Research format: desk research (including legislation, statistical data, existing data on immigration and foreigners employment, economic and demographic prognosis, etc.); conducting at least ten interviews in Poland focusing on: (1) assessing labour market in Poland and (2) evaluating the results and challenges related to the labour migration of Georgian migrant workers to Poland under the current facilitated labour migration scheme. 3) Developing an analytical report: The report shall refer to secondary data as well as empirical findings collected through this assessment.
3 The report written in high-quality English in line with IOM style and Glossary of migration terms (to be provided by IOM upon the initiation of the consultancy) shall in particular refer to: (1) General information a. Short overview of immigration to Poland, with a specific focus on the trend from Georgia, b. analysis of national and international legal base (including process of transposition of EU Directive 2014/36 on seasonal workers 1 ) on labour immigration and employment of third country nationals in Poland, c. procedures of entry, residence and employment of third country nationals, (2) labour market assessment: a. analysis of the demand on foreign labour force: i. why employers decide to hire foreigners? Why migrants decide to come to Poland? ii. national vs. foreign work force employers preferences, motivations, opinion about foreign workforce (with special attention given to Georgian workers), iii. professions and economic sectors placed on the occupation shortage lists vs. professions/skills in actual demand, including duration of employment (short-term versus long-term; seasonal character, if any), iv. assessment of challenges (legal, institutional ones, etc.) regarding employing foreigners in Poland, v. indication of sectors, companies, companies size and regions where migrants find employment, vi. existing, applicable recruitment/selection methods (usage of mediators or direct contacts with workers, types of recruiters used private versus public employment offices, associated challenges, existence of a typical recruitment contract for hiring a foreign worker and challenges with documentation), vii. employers appraisal on the prospects of hiring foreign labour in future with justification (situations/conditions justifying foreigners employment), as well as dominant opinion if the alignment of the legislation with the EU Directive on seasonal workers will negatively affect employers hiring of migrant workers, viii. indication of specific employers who are or might be interested in hiring Georgian workers under the temporary migration scheme, indicating grounds for such intention and required characteristics of migrants (e.g. particular skills, language, education level, experience, etc.). b. employment conditions i. rights and obligations of parties to foreign labour employment, ii. short-term vs. long-term employment, prospects for long-term employment for migrants, iii. quality of employment conditions viewed and assessed by migrants. 1 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers. OJ L 94, 28.03.2014
4 (3) assessment of the existent temporary migration scheme: a. short characteristics of migrant groups employed in Poland through this scheme, with a particular attention paid to Georgian migrant group, b. identification of the profile of Georgian migrant workers in Poland, c. lessons learnt through the practical application of the temporary migration scheme in Poland advantages and disadvantages, possible changes in legislation, rights and obligations of migrants and employers, d. identification of challenges faced by migrants throughout the migration cycle (predeparture, departure and arrival, residence, employment and return), e. identification of identified benefits of employing Georgian labour migration for the national labour market in Poland, f. analysis of problems identified and best practices in the implementation of the scheme. (4) The report shall finish with recommendations for the project under which the consultancy was carried out. Recommendations shall particularly indicate the specific companies that are or might be interested in hiring Georgian workers under a temporary migration scheme to be proposed within this project. (5) Bibliography The research report presenting the results of the analysis of the above mentioned issues shall be provided to IOM Poland for validation. TANGIBLE AND MEASURABLE OUTPUTS OF THE WORK ASSIGNMENT, REALISTIC DELIVERY DATES AND DETAILS AS TO HOW THE WORK MUST BE DELIVERED: methodological tools developed for all interviews by end of week one of the assignment, list of all interviewees indicating their basic characteristics by end of week one of the assignment, a draft analytical report (on the results and bottlenecks of Georgian workers labour migration to Poland under the current facilitated labour migration scheme and recommendations for consideration during the implementation of the regulated temporary labour migration scheme to Poland) written in high-quality English in line with IOM style and Glossary of migration terms, as well as primary data gathered within this assessment (notes and/or recordings of conducted interviews) by end of week six of the assignment, the final version of the report, reflecting recommendations of IOM and other relevant stakeholders on its improvement, is to be submitted to IOM by 14 th April 2016 in final MS Word format. PERFORMANCE INDICATORS FOR EVALUATION OF RESULTS: Final report prepared according to the above indicated guidelines with recommendations (drafted in English in line with IOM style and migration glossary) to be reviewed and approved by IOM.
5 Summary of data gathered indicating disaggregated data according to for instance sex/age/ immigration status/duration of stay/profession/education or institution/sector/number of employees/city/position of the interviewee etc. Methodological tools developed for the qualitative research and approved by IOM. Gender should be mainstreamed into the assessment methodology and the actual research process. The needs of women, young people, the existing opportunities for them, challenges faced during the migration process should be taken into consideration when conducting the research and during the evaluation. BASELINE MEASUREMENT: Scarce information on labour market needs in Poland; spontaneous character of labour migration of Georgians to Poland; lack of substantial and long-term planning to adequately respond to Georgian workforce development needs and ensure better skills matching with the Polish labour market demands; scarce labour market information officially available on demand for migrant workers at different skill levels. TARGET: The duly prepared analytical report (including methodological tool developed for the qualitative research and all collected data) focusing on labour migration of Georgian workers to Poland to contribute to the implementation of the regulated temporary labour migration scheme to Poland. The report is for internal use only and will not be made public. MAXIMUM ALL INCLUSIVE FEE: 4400 USD PROPERTY RIGHTS: All intellectual property and other proprietary rights including, but not limited to, patents, copyrights, trademarks, and ownership of data resulting from the performance of the services envisaged in these terms of reference shall be vested in IOM, including, without any limitation, the rights to use, reproduce, adapt, publish and distribute any item or part thereof. FOR THE SELECTION PROCESS THE INTERESTED EXPERTS SHALL SUBMIT THE FOLLOWING: CV indicating the experience in participation or/and organization of similar studies, A brief overview of the draft research methodology (selection, interviews etc.), Net price estimation of the individual services in the Polish zloty (PLN), The interested expert shall indicate any additional costs that may arise during the execution of the task. Note: High proficiency in spoken and written English and good report writing skills are required. ADDITIONAL INFORMATION: IOM will contact only selected experts. IOM reserves the right to extend the deadline for submission at its sole discretion.
6 An offer presented by the interested expert shall not be the basis for any claims in relation to IOM. IOM - without giving reasons - reserves the right to withdraw from consideration of the offer received both in relation to the whole, and its individual elements. IOM reserves the right to conduct trade negotiations in order to select the most advantageous offer. All the details of the substantive issues, technical and organizational measures will be agreed between the IOM and the Consultant and consulted on a regular basis between the Parties in order to ensure the highest quality of service. Note: The consultancy contract will be signed in the English language on a template proposed by the IOM. Payment will be made on the basis of an invoice issued by the Consultant after completion of the order and its approval by IOM. It is not possible to pay the advance. The complete application package should be delivered online to the the International Organization for Migration (IOM) Mission to Poland at iomwarsaw@iom.int Indicating in the heading Piloting Temporary Labour Migration of Georgian Workers to Poland before 15 February 2016