Within the Ministry of Labour and Social Protection (MoLSP), the Labour Department enforces the Employment Act 2007 and the Labour Relations Act 2007 while the Directorate of Occupational Safety and Health Services (DOSHS) is responsible for enforcing the Occupational Safety and Health Act 2007 and the Work InjuryBenefits Act 2007. The ILO recognizes that there is a direct link between: 1) high performing labour market institutions (labour inspectorate, courts, and workers’ and employers’ organizations); 2) the protection of labour rights; and 3) the rule of law. Well conceptualized, designed, developed, implemented, and maintained electronic case management systems (ECMS) provide unparalleled opportunities to make labour inspectorates more strategic, effective and efficient.
Efficacious ECMS typically utilize Business Process Management System (BPMS) applications. BPMS are based on a process workflow or a set of workflows and consequently enhance the protection of due process through the standardization of enforcement and transactional processes and procedures, enable traceability and oversight to ease supervision and performance management, and to improve transparency and greater exchange of information interagency and with workers, employers, and the general public through automated reporting and communication mechanisms. BPMS also ease internal and external reporting, standardize the collection and analysis of statistics, and facilitate evidence-based planning.
In the inception phase of the development of an ECMS for the National Labour Inspectorate and county government entities involved in the enforcement of labour laws; recurrent processes and procedures (inspections, accident investigations, enforcement actions, dispute settlement actions, complaint handling, authorization/certification request handling, etc.) of ministries of labour and/or their labour inspectorates must be identified, documented, visually mapped, and validated. Workflows typically include all steps in the action, from initiation to conclusion, required timeframes for each step, required forms for each step, roles of the personnel that touch each step and for what purpose, decision points that may create deviations or sub-actions, and links to relevant actions of other authorities such as courts, employment injury insurance claims, and dispute settlement mechanisms.
To this end, the ILO seeks a highly qualified business analyst to work with Kenya’s Ministry of Labour and Social Protection, jointly with the International Labour Office (ILO) to accurately and comprehensively identify, document, visually map, and validate labour inspection actions for the development of a Labour Inspection Action Management System (LIActionS).
II. Role Objective
The consultant will conduct a detailed assessment of labour inspection workflow to outline labour inspection system in selected sectors and counties, with the aim of highlighting their challenges, gaps and weaknesses and provide recommendations for restructuring the current situation in line with the relevant International Labour Standards,
As a business analyst, you will need to accurately and comprehensively identify, document, visually map, and validate recurrent processes and procedures of the labour inspectorate, which may result in more than one workflow or various deviations or branches from a single workflow. This will also involve different processes and procedures between the national labour authorities and county authorities. Different workflow(s) may be required to document the different processes and procedures in the focal county government offices of the MoLSP for Kericho, Nandi, Kiambu, Nyeri, Kirinyaga, Muranga,Kisii, Nairobi, Athi River and Mombasa. The resultant workflow(s) must meet ECMS specifications to be used by developers for process automation in enforcing labour laws.
At a minimum, the workflow(s) must capture the following information:
1
Start date
· Date on which an action is initiated;
2
End date
· Date on which an action is concluded;
3
Trigger
· Factors that individually or collectively result in the initiation of each labour inspection action (complaint from a worker, referral from another government entity or the dispute settlement mechanism);
4
Step
· Specific activities necessary to conduct and complete the action from initiation to conclusion(legally required activities as well as activities required or recommended by existing policy or practice);
· Differentiation of what is required by law and immutable, and what is done in practice and may be legacy/bespoke and modifiable;
5
Decision Point
· Moment at which a predetermined course of action (series of steps) is (or must be) initiated;
6
Timeframe
· Specific period by which a step must occur by law, policy, or practice;
7
Role
· Personnel designated to assume the function related to the step, which may include administrative personnel, front-line inspectors/investigators, supervisory inspectors/investigators, higher level labour inspectorate decision-makers, and others;
8
Obstacle
· Impediments to the efficient and effective conduct and conclusion of a step (e.g. unnecessary or redundant approval processes, excessive documentation requirements, delays due to bottlenecks, lack of process clarity and others);
9
Document
· Necessary letters, forms, checklists, decision-making guidance, templates, and/or reports required to be completed for a particular step;
· Resulting map and annotated version of workflows to support the development of the ECMS
10
Interconnectivity
· Required and desired links to relevant actions of other authorities such as courts, employment injury insurance claims, and dispute settlement mechanisms.
III. Function and Responsibilities
Given the above objective, you will be expected to undertake the following tasks:
· Review all documents (i.e. laws, regulations, directives, circulars, standard operating procedures, manuals, etc.), relevant to understanding the current labour inspection process in the national and focal county government entities involved in enforcing labour laws. Ensure that the scope of work includes the entirety of provisions of the Kenyan Labour Law and inspection activities;
· Facilitate or co-facilitate modelling and sketch sessions (virtually or in-person), with national and focal county government labour inspection personnel and subject matter experts(external labour and/or administrative law experts) to identify, document, and map the labour inspection process (may require travel to county labour inspectorate offices to identify, document, and map process differences between different county offices and/or between the national authority and the focal county authorities with jurisdiction over the textile and tea sectors);
· Act as the documentarian to accurately and comprehensively reflect the labour inspection process. Highlight decision points that may create deviations or sub-actions, and links to relevant actions of other authorities such as the judiciary, the employment injury insurance system, or the dispute settlement mechanism.Highlight differences between different county offices and/or between the national authority and the county authorities;
· Document using visual diagrams, in the form of electronic case management models (using the Electronic Case Management Notation or the Flowchart Notation), the current labour inspection process including differences between different counties and or between the national authority and the county authorities;
· Analyse the current labour inspection process with the objective of identifying if/how they can be made more efficient taking care to identify steps that are required by law and unchangeable, and steps that are legacy and modifiable;
· Analyse the current differences between different counties and or between the national authority and the county authorities with the objective of identifying if/how they can be standardized;
· Present draft visual diagrams to national and county labour inspection personnel (internal personnel of the labour inspectorate) for validation.
· Document an annotated version of the final visual diagrams, narrating each procedure.
IV. Deliverables
The contract will be for 60 days and the business analyst will produce the following deliverables within the following timeframe:
Dates
Deliverable
15 days
Questionnaire and method for mapping the labour inspection process workflows.
20 days
Draft visual labour inspection process workflow(s) using Business Process Management System (BPMS) specifications, to be used by developers for process automation.
10 days
Final and validated visual labour inspection process workflow(s) using Business Process Management System (BPMS) specifications, to be used by developers for process automation
15 days
Written narrative of the final and validated visual labour inspection process workflow(s) using Business Process Management System (BPMS) specifications, to be used by developers for process automation. The document should also include:
1) Analysis of the current labour inspection process with recommendations to make the processes more efficient. The document must identify which recommendations were included in the validated workflow(s) and which were excluded. For the excluded recommendations the document must explain why they were excluded.
2) Analysis of the current differences between different focal county government entities and or between the central authority and the focal county government entities with the objective of identifying if/how they can be standardized.
V. Contract terms
ILO’s IGDS Number 224 (Version 1) shall guide deliverables and payments on External Collaboration consultancy assignments.
VI. Required Qualifications
As a Business Analyst, you will be expected to possess the following qualifications:
· Advanced university degree in business, economics, law, or computer science;
· A minimum of seven years of experience as a Business Analyst on large and complex projects.
· Demonstrated work experience with a public enforcement agency in reviewing or mapping of business process;
· Demonstrated experience with visually mapping processes and procedures; ,
· Demonstrated experience facilitating workshops and focus groups;
· Strong analytical skills to extensively analyse case management and workflows;
· Experience with MS Visio, Bizagi, or other commonly deployed workflow modeling application;
· Excellent communication and facilitation skills, including in multi-cultural settings;
· Understanding of government structure and inter- government relations;
· Fluency in English (both written and spoken).Fluency in Swahili would be an advantage.
VII. Preferred qualifications
· Problem resolution skills;
· To be able to work calmly under pressure and to strict deadlines;
· Extremely detail oriented, analytical and inquisitive;
· Highly motivated and committed to the values of transparency, integrity, and compliance with the law;
· Strong written and verbal communication skills including technical writing skills.
Shortlisted candidates will be required to take a written test to demonstrate their ability to visually map a process based on a case study.
How to apply:
All interested individual consultants must submit the following documents/information by COB 26th April 2021 to NBOPROCUREMENT@ilo.org**
• Technical Proposal explaining their suitability to undertake the assignment
• Methodology/work plan on approaching the assignment.
• Time frame (estimated 60 work days spread over maximum period of two months)
• Financial Proposal (separate from Technical Proposal)
• Personal CV including, past relevant experience in similar activities and three traceable references
The proposal should be addressed to:
The Director,
International Labour Organization
ILO Country Office for United
Republic of Tanzania, Burundi, Kenya, Rwanda and Uganda,
Maktaba Street
P.O.Box 9212
Daresalam, Tanzania.
All applications should be clearly marked “Promoting Labour Inspection compliance in the apparel and tea sectors.”
NOTE: Only shortlisted candidates will be contacted.**