Annexure A of ESMP - LABOR MANAGEMENT PROCEDURES 1. OVERVIEW OF LABOR USE ON THE PROJECT The project will be implemented by the Ministry of Information, Communications, Transport and Tourism Development (MICTTD). The Ministry and Project Management Unit (PMU) will be responsible for carrying out the day-to-day management and implementation of the project, coordination with other government ministries and stakeholders on all aspects of project implementation, as required, and procurement. The PMU will be staffed with a core team with expertise in project management, procurement, financial management, environment and social risk management, and monitoring and evaluation as stated above. Individual consultants with specific skill sets will be recruited to provide support to the PMU as needed. Pending recruitment of the PMU the project will be managed on an interim basis by existing MICTTD staff and by staff on an existing World Bank financed project in Kiribati. A Project Operational Manual (POM) will be developed to describe detailed arrangements and procedures for the implementation of the project, such as the responsibilities of the different departments within MICTTD; operational systems and procedures; project organizational structure; finance and accounting procedures (including funds flow and disbursement arrangements); procurement procedures, personal data collection and processing in accordance with good international practice; and implementation arrangements for the Environmental and Social Commitment Plan (ESCP) as well as the implementation of instruments referred to in the ESCP. 1.1 Project Manager The PMU consists of a Program Manager, supported by one international Environmental, Social and Health and Safety (ESHS) Specialist and two full-time national E&S Specialists (one Environmental Specialist and one Social Specialist). The international ESHS specialist and national E&S specialists will develop and support implementation of the project’s environmental, social, health and safety, and community engagement instruments in compliance with local legislation, good international industry practice (GIIP), including WHO Guidance on COVID-19 and the WB Environmental and Social Framework (ESF). 1.2 National Environmental Specialist and Social Specialist Two full-time national E&S Specialists (one Environmental Specialist and one Social Specialist) will be employed in Kiribati Fiduciary Services Unit (KFSU) and reporting to the Ministry of Finance and Economic Development (MFED), as part of the COVID-19 Response PMU to ensure that project environmental, social, and health and safety risks are managed in accordance with the requirements of the World Bank’s ESF, WHO Guidance on COVID-19, and Kiribati legislation. Specifically, the national E&S Specialists will: 1 • Manage the overall implementation of the World Bank environmental and social policies across the World Bank’s Kiribati portfolio. • Report to all project management on progress, coordination, activities management plan, status of activities, human resource deployment plan etc. to ensure appropriate coordination among the Projects as well as tasks within each Project. • Attend World Bank missions, field trips, meetings etc. as required. • Prepare environmental and social assessment and management instruments for consistency with World Bank policy and Kiribati legislation. • Follow the Kiribati Environmental License process to identify what licenses are required and then prepare the appropriate applications and documents (EIA etc.). • Ensure project-level citizen and stakeholder engagement and disclosure processes to ensure World Bank policy and community expectations are met. • Implement the Grievance Mechanism (GM). Assist with resolving difficult grievances that cannot be resolved by the IAs. • Preparation of monthly and six-monthly monitoring reports on the environmental, social, health and safety (ESHS) performance of the project. • Develop and maintain a capacity building plan for the Kiribati portfolio. Provide ongoing training, awareness raising, on the World Bank ESF to the MICCTD PMU. • Review and contribute to TOR for technical assistance, Supervising Engineers and other specialists engaged by projects ensuring the E&S risk management instruments and World Bank ESF are adequately covered, as necessary. • Managing the environmental and social requirements of project consultants and contractors including Civil Works Contractors. • Provide support and training for Civil Works Contractors to prepare construction waste management and health and safety plans. Review and approve contractor’s waste management and health and safety plans. • Managing environmental and social risks in procurement • Conduct other ESHS and CE related activities as required. The project will require contractors to install a data center, servers and other hardware or equipment. The project will also hire technical consultants for technical assistance and support. Workers are likely to be direct employees or contractors; there is no expectation of community workers. Civil servants working in the project management unit will remain subject to the terms and conditions of their existing sector employment. Additional staff will be hired to support the project and they will be subject to the full requirements of ESS2, including appropriate terms and conditions of employment, non-discrimination and equal opportunity (which includes a safe work environment free from violence and sexual harassment), workers’ organizations, restrictions on child and forced labor, and occupational health and safety. Likewise, any technical consultants contracted by the project will also need to adhere to such standards. 2 2. TYPES OF WORKERS The proposed Project will support key focus areas outlined in Kiribati’s Digital Government Master Plan (2021), notably on Governance, Technical Infrastructure for digital government, and e-Government Applications. The project will: • support the development and strengthening of a Digital Transformation Office (DTO) for sustainable digital government coordination and implementation; • provide upstream enabling legal, regulatory, institutional support and capacity-building necessary for the foundations for digital government and digital economy in Kiribati; • finance infrastructure for e-government including construction of a National Data Centre (NDC); • support the development of a Digital National ID system, a Civil Registration System, and the linkage between the two systems; and • support the development and scaling up of a national government portal consisting of a single window to facilitate citizen and business access to public information, interactions and transactions with Government ministries and agencies. The types of workers involved in these activities include: • contractors and workers for the NDC construction and installation of other ICT equipment at Government offices; • international technical consultants for technical assistance and support; and • existing civil servants assigned to various activities under the Project. The project is not expected to have primary supply workers that would fall under the definition of primary supply workers in ESS2 Footnote 5 (“Primary suppliers are those suppliers who, on an ongoing basis, provide directly to the project goods or materials essential for the core functions of the project.�). The civil works for the project will be limited to the installation of the National Data Center (NDC); and there will only be one-off purchasing of equipment for the NDC. It is not expected that there will be suppliers who provide goods or materials on an ongoing basis. There is no expected requirement for community workers. The government currently employs 95 Registry Clerks who handle paperwork registries for the government. As a result of digitization of public services, many of these positions will become progressively redundant. The timing of redundancies is not clear, since these staff will be part of the digitization process in the initial phases, scanning documents and updating records in digital systems. While these job types will become redundant it is likely that some workers in each Ministry can be trained and reassigned to roles required to support digital government. Guiding principles for retrenchment are described in Annex B as part of this LMP. 3 2.1 Direct Workers Two types of direct workers will be employed by the Project: Direct Workers – Government and Direct Workers – Other. • Direct workers – Government workers who are public servants employed by the MICTTD and other Government agencies who will be involved in Project implementation. The number of government staff involved in Project implementation is not known yet. They will remain subject to the terms and conditions of their existing public sector employment agreement. They will, however, be covered by project measures to address OHS issues (ESS2 paragraphs 24 to 30), and measures to protect the workforce in terms of child labour and forced labour (ESS 2 paragraphs 17 to 20). • Direct workers - Other are those employed as full and part-time consultants by under the project. This category will comprise the international technical consultants for technical assistance and support, and national E&S Specialists recruited for the project and maintained throughout project implementation. Other experts/consultants will be hired on demand basis throughout the project period. 2.2 Contracted Workers The project will require contractors to install a data center, servers and other hardware or equipment. Contracted labour requirements and numbers are not likely to be fully determined until the project implementation phase commences however. Contracted staff will be subject to the LMP. Contractors will also be required to ensure that any subcontractors also adhere to the LMP. 3. ASSESSMENT OF KEY POTENTIAL LABOR RISKS The overall labor risks associated with project activities are considered low given the small external workforces involved, limited civil works (which are low health and safety hazard), and that many project workers will be reassigned from the existing civil service. Depending on the NDC option chosen the OHS risks associated with construction activities are very low (eg. installation of server racks in the cable landing station) to low (construction of concrete slab and installation of containerized data centre). Civil servants working on the project will not be exposed to OHS hazards different to their existing employment. No significant fire hazards are expected during construction. Fire hazards during operation of the data center are even lower. Overall, labor risks are expected to be standardized, small and manageable. These are summarized below: 4 Project Activity Key Labour Risks Civil works and/or construction works • Terms of employment (employment period, remuneration, tax, and insurance payments etc.) are not secured by contractual agreements. • Workers suffer discrimination and lack of equal opportunity in employment. • Risks of workplace accidents, particularly when operating construction equipment • Risks from exposure to hazardous substances (dust, cement, chemicals used in construction etc.) • Accidents or emergencies (OHS) • Sexual Exploitation and Abuse (SEA • ------- Transportation of construction • Road traffic accidents expose workers and materials, equipment local communities to hazardous materials (OHS) • Risks of accidents when handling heavy equipment 4. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS Labour in Kiribati is regulated through the Constitution of Kiribati and the Employment and Industrial Relations Code 2015 (EIRC). The Constitution was adopted at independence in 1979 and contains several relevant articles. It guarantees protection from slavery and forced labour, protection of freedom of assembly and association, and freedom from discrimination on grounds of race, place of origin, political opinion, colour or creed (without reference to gender, sexual orientation, marital status, or disability). The (EIRC) is Kiribati’s main piece of labour legislation. ILO provided assistance in developing the new labour legislation which repealed the Employment Ordinance (1977), Industrial Relations Act (1988) and the Trade Union and Employer Organisations Act. The EIRC aligns with the eight ILO Fundamental Conventions: • C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 • C098 - Right to Organise and Collective Bargaining Convention, 1949 • C029 - Forced Labour Convention, 1930 • C105 - Abolition of Forced Labour Convention, 1957 • C138 - Minimum Age Convention, 1973 • C182 - Worst Forms of Child Labour Convention, 1999 • C100 - Equal Remuneration Convention, 1951 • C111 - Discrimination (Employment and Occupation) Convention, 1958 5 and the Tripartite Consultation (International Labour Standards) Convention 1976 (C144) and Seafarers' Identity Documents Convention 2003 (C185) which Kiribati has ratified. In 2013, Kiribati established the Ministry for Women, Youth, Sports and Social Affairs and, in 2014, set up the Kiribati National Human Rights Taskforce composed of representatives of key ministries and non-governmental organizations. The Ministry of Justice oversaw the implementation of Kiribati commitments under international human rights treaties. The Gender Equality and Women's Development Policy 2019-2022 prioritizes gender mainstreaming, women's economic empowerment, leadership and decision-making, and the elimination of sexual and gender-based violence. While national legislation prohibits discrimination in employment, and external agencies have reported few cases of discrimination in employment and wages, cultural barriers may continue to impede women from playing a more active role in the economy. 4.1 Termination Procedures Termination procedures are stipulated in EIRC (Art. 98-106), including what constitutes valid and unlawful reasons for termination and redundancies, required procedures regarding the notice of termination, termination payments and other employer obligations. The only valid reasons for the termination of contracts relate to employees’ capacity or conduct in employment, and to employers’ reduced operational requirements. Employees and their representatives have to be notified of terminations due to redundancies. The notice period for redundancy dismissals is stipulated in the EIRC and depends on the duration of employment. The EIRC provisions for termination and redundancy are consistent with the international labour standards (ILS) adopted by Kiribati and with ESS2 requirements. 5. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY The Kiribati Occupational Health and Safety Act 2015 is designed to ensure implementation of the Occupational Safety and Health Convention 1981, the 2002 Protocol on Occupational Safety and Health, and the Promotional Framework for Occupational Safety and Health Convention 2008. The 2015 Occupational Health and Safety Act established the country’s first comprehensive framework for occupational safety and health standards for the workplace. The Ministry of Labor and Human Resources Development is responsible for enforcing the standards, although lack of qualified personnel may hamper the Ministry’s ability to enforce employment law. Employers are liable for the expenses of workers injured on the job. By law workers may remove themselves from situations that endanger their health or safety without threat to their employment. 6. RESPONSIBLE STAFF The PMU Project Manager will ensure that contractors are aware of, and comply with, labour management and OSH policies and procedures outlined in this LMP. Each contractor will be required to submit an assessment of environmental and social risks (including labour risks) associated with their activities and risk mitigation measures in accordance with the project’s environmental and social requirements. 6 6.1 Project Management The MICTTD will be responsible for project management, implementation and coordination with other government ministries and stakeholders. The Project Manager will lead day-to-day Project management and implementation, supported by the KFSU international ESHS Specialist and two full-time national E&S Specialists (one Environmental Specialist and one Social Specialist). The Project Manager, with support of the KFSU international ESHS specialist and national E&S Specialists, will be responsible for the following within their responsibility area: • Implementing this LMP; • Ensuring that contractors comply with this LMP; • Monitoring to verify that contractors meet labour and OHS obligations toward contracted workers as required by national legislation and ESS2; • Monitoring contractors’ implementation of this LMP; • Monitoring compliance with OHS standards at all workplaces in line with the national OHS legislation; • Monitoring and implementing training on LMP, OHS and mitigating the spread of COVID-19 for project workers; • Ensuring that the grievance mechanism for project workers is established and implemented and that workers are informed of its purpose and operation; and • Have a system for regular monitoring and reporting on labour and occupational safety and health performance; and data collection, monitoring, and analysis of the LMP as part of the project’s M&E activity. 7. TERMS AND CONDITIONS 7.1 Terms and Conditions of Employment Terms and conditions of direct workers are determined by their individual contracts. Permanent project staff will have individual agreements (labour contract or service contract) with fixed monthly wage rates. Recruitment procedures will be documented and filed in accordance with the requirements of national labour legislation and the ESS2. A standard forty hours per week employment should be practiced. Requirements and conditions of overtime and leave entitlements are agreed as part of individual contracts. The Project Manager will ensure that contractors are aware of, and comply with, labour management and OSH policies and procedures outlined in this LMP. Each contractor will be required to submit an assessment of environmental and social risks (including labour risks) associated with their activities and risk mitigation measures in accordance with the project’s environmental and social requirements. The project’s labour requirements are outlined in the sections below. 7.2 Age of Employment 7 The minimum age of employment for this project will be 18 years. To ensure compliance, all employees will be required to produce a Tax Identification Number (TIN) as proof of their identity and age. Contractors and subcontractors will verify the ages of job applicants. 7.3 Occupational Health and Safety The OHS measures of the project are based on the requirements of the relevant sections of ESS2 as well as WHO guidelines. The project guidelines will require compliance with the following provisions: • Ensure workplace health and safety standards in full compliance with Kiribati law, ESS2 and WHO Guidelines and include: o Basic safety awareness training to be provided to all persons as well as on COVID-19 prevention and related measures. o All Project vehicle drivers to have appropriate licenses. o All workers to be equipped with all necessary PPE. o At least one supervisory staff trained in safety procedures to be always present when construction work is in progress. o Adequate hygiene facilities (toilets, hand-washing basins) and rest areas etc. • Compliance with Kiribati legislation, WB’s ESS2 requirements and other applicable requirements which relate to OHS hazards, including WHO specific COVID-19 guidelines. • All workplace health and safety incidents to be properly recorded in a register detailing the type of incident, injury, people affected, time/place and actions taken. • All workers (irrespective of contracts being full-time, part-time, temporary or casual) to be covered by insurance against occupational hazards and COVID-19, including ability to access medical care and take paid leave if they need to self-isolate as a result of contracting COVID-19. • All work sites to identify potential hazards and actions to be taken in case of emergency. • Any on-site accommodation to be safe and hygienic, including provision of an adequate supply of potable water, washing facilities, sanitation, accommodation, and cooking facilities. • Laminated signs of relevant safe working procedures to be placed in a visible area on work sites, in local language and English. • Fair and non-discriminatory employment practices. • Under no circumstances will contractors, suppliers or sub-contractors engage forced labour. • Construction materials to be procured only from suppliers able to certify that no forced labour or child labour has been used in production of the materials. • All employees to be aware of their rights under the Labour Law, including the right to organize. • All employees to be informed of their rights to submit a grievance through the Project Worker Grievance Mechanism. All employees to be provided training on appropriate behaviour with communities, gender-based violence and violence against children. 8 Project workers will receive OHS training at the start of their employment, and thereafter on a regular basis and when changes are made in the workplace, with records of the training kept on file. Training will cover the relevant aspects of OHS associated with daily work, including the ability to stop work without retaliation in situations of imminent danger (as set out in paragraph 27 of ESS2) and emergency arrangements. All parties who employ or engage Project workers will actively collaborate and consult with Project workers in promoting understanding of, and methods for, implementation of OHS requirements, as well as in providing information to Project workers, training on occupational safety and health, and provision of personal protective equipment (PPE) without expense to the Project workers. All OHS incidents will be recorded on the Safety Incidents Tracker form (Annexure C). 7.4 Sexual Exploitation and Abuse and Sexual Harassment Kiribati ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 2004. By ratifying CEDAW, it has made a commitment to ensure that the principles of equality are adhered to and that discriminatory practices including SEA and SH are abolished. Provisions to prevent SEA and SH are included in the Code of Conduct for Project staff and for contracted workers in line with relevant international standards and national legislation. Guidelines for a Code of Conduct is provided in Annex A of this LMP. 8. GRIEVANCE MECHANISM All project workers will have access to a project specific Workers’ Grievance Mechanism (WGM) consistent with ESS2 will be established and maintained to raise workplace concerns. Workers will be informed of the grievance mechanism at the time of recruitment. The WGM will be easily accessible and measures will be put in place to protect workers against reprisal for its use. The WGM can be used to raise workplace related concerns including about the terms of employment, rights at work, unsafe or unhealthy work situations and others. If the issue cannot be resolved at the workplace level within seven days, it will be escalated to the Project Management level where the national E&S Specialists will serve as Grievance Focal Point to file the grievances and appeals. The Grievance Focal Point will coordinate with relevant departments/organizations and persons to address these grievances. The Project Manager will review the records monthly and report on the grievances, response time and resolution status in a quarterly report to the WB. The WGM will operate as follows: • The complainant may report their grievance in person, by phone, text message, mail, or email (including anonymously if required) to the contractor as the initial focal point for information and raising grievances. For complaints that are satisfactorily resolved at this stage, the incident and resultant resolution will be logged and reported to the Grievance Focal Point. 9 • If the complainant is not satisfied, the contractor will refer the aggrieved party to the Grievance Focal Point. The Focal Point will endeavor to address and resolve the complaint and inform the complainant in two weeks or less. For complaints that are satisfactorily resolved by the Focal Point, the incident and resultant resolution will be logged by the Focal Point. Where the complaint is not resolved, the Focal Point will refer to the Project Manager for further action or resolution. • If the complaint remains unresolved or the complainant is dissatisfied with the outcome, the complainant may refer the matter to the appropriate legal or judicial authority, at the complainant’s own expense. A decision of the Court will be final. The grievance mechanism is not an alternative or substitute for the legal system for receiving and handling grievances and does not preclude access to other judicial or administrative remedies that might be available under the law or through existing arbitration procedures. While all employees always have the right to access the legal system, the purpose of establishing a grievance mechanism is to provide an accessible and practical means to mediate and seek appropriate solutions, wherever possible. Serious and Sensitive Grievances In case a worker experiences serious mistreatment such as sexual exploitation and abuse, sexual harassment, intimidation, other abuse, violence, discrimination or injustice in a context related to program activities, the worker may raise the case to the GM Focal Point by all available avenues. If the worker raises this to a contractor or another person, this person will immediately refer the case to the GM Focal Point and the PMU. The GM Focal Point will immediately investigate the case respecting confidentiality and anonymity of the person. The GM Focal Point may seek support from the KFSU Social Specialist. The GM Focal Point and the KFSU Social Specialist will receive training from a professional specialized in this area in investigating serious grievances, relevant laws and regulations, and WB standards. Culturally sensitive and locally appropriate protocols and procedures for serious grievances will be developed jointly by the PMU GM Focal Point, the KFSU Social Specialist and the WB 60 days after project effectiveness, and will be included in training of MICTTD PMU staff and consultants to ensure that direct workers for the project are familiar with the protocols and procedures. The protocols and procedures should be based on the following principles: • All complaints received will be filed and kept confidential. For statistical purposes, cases will be anonymized and bundled to avoid identification of persons involved. • After reaching a solution to a case, the GM Focal Point will follow-up to ensure that the solutions are effective. • Criminal cases will be referred to the public prosecutor. 9. CONTRACTOR MANAGEMENT Contractors are responsible for management of their workers or subcontracted workers in accordance with this LMP, which will be supervised by the Project Manager. 10 Contractors will be responsible for the following: • To obey requirements of the national legislation(and this LMP; • Establish a Code of Conduct for all workers; • Maintain records of recruitment and employment process of contracted workers; • Communicate clearly job description and employment conditions to contracted workers; • Provide workers with evidence of all payments made, including benefits and any valid deductions; • Maintain records regarding labour conditions and workers engaged under the project, including contracts, registry of induction of workers including Code of Conduct, hours worked, remuneration and deductions (including overtime); • Assign a designated safety officer, conducting training on and implementing OHS measures, recording safety incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases); • Ensure no child or forced labour is involved in the project; • Maintain records of training/induction dates, number of trainees, and topics. • Implement the grievance mechanism for workers; and • Establish a system for regular review and reporting on labour, and occupational safety and health performance. This LMP may be updated to include additional details about the hired workforce of contractors including, as necessary. 11 Annex A. Guidelines for a Code of Conduct for direct workers and contracted workers A satisfactory Code of Conduct will contain obligations on all direct and contracted workers (including sub-contractors and day workers) that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the region, the location and the Project sector or to specific Project requirements. The Code of Conduct shall contain a statement that the term ‘child’/ ‘children’ means any person(s) under the age of 18 years. The issues to be addressed include: 1. Compliance with applicable laws, rules, and regulations 2. Compliance with applicable health and safety requirements to protect the local community (including vulnerable and disadvantaged groups), the Employer’s and Project Manager’s personnel, and the Contractor’s personnel, in cluding sub-contractors and day workers, (including wearing prescribed PPE, preventing avoidable accidents and a duty to report conditions or practices that pose a safety hazard or threaten the environment) 3. The use of illegal substances 4. Non-Discrimination in dealing with the local community (including vulnerable and disadvantaged groups), the Employer’s and Project Manager’s personnel, and the Contractor’s personnel, including sub-contractors and day workers (for example on the basis of family status, ethnicity, race, gender, religion, language, marital status, age, disability (physical and mental), sexual orientation, gender identity, political conviction or social, civic, or health status) 5. Sexual Harassment (for example to prohibit use of language or behavior, in particular towards women and/or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate) 6. Violence including sexual and/or gender-based violence (for example acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion, and deprivation of liberty 7. Exploitation, including SEA (for example the prohibition of the exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading behavior, exploitative behavior or abuse of power) 8. Protection of children (including prohibitions against sexual activity or abuse, or otherwise unacceptable behavior towards children, limiting interactions with children, and ensuring their safety in Project areas) 9. Sanitation requirements (for example, to ensure workers use specified sanitary facilities provided by their employer and not open areas) 12 10. Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort of preferential treatment or favors, are not provided to any person with whom there is a financial, family, or personal connection) 11. Respecting reasonable work instructions (including regarding environmental and social norms) 12. Protection and proper use of property (for example, to prohibit theft, carelessness or waste) 13. Duty to report violations of this Code 14. Non retaliation against workers who report violations of the Code, if that report is made in good faith. The Code of Conduct should be written in plain language and signed by each worker to indicate that they have: • received a copy of the code; • had the code explained to them; • acknowledged that adherence to this Code of Conduct is a condition of employment; and • understood that violations of the Code can result in serious consequences, up to and including dismissal, or referral to legal authorities. A copy of the code shall be displayed in a location easily accessible to the community and Project affected people. It shall be provided in languages comprehensible to the local community, Contractor’s personnel (including sub-contractors and day workers), Employer’s and Project Manager’s personnel, and affected persons. 13 Annex B. Guidelines for Retrenchment Management These guidelines are based on the IFC Good Practice Note: Managing Retrenchment. In the case that the project and the digitization of public services will result in retrenchment of public registry clerks, MICTTD will prepare a Retrenchment Plan in accordance with national law and the following guidelines, and to be reviewed and agreed upon with the World Bank. • Sound retrenchment practices should be as transparent as possible. A good communications strategy and clear information will both enable the consultation process to run smoothly and make it much more likely that employees, their representatives and other stakeholders will be able to come up with alternatives to job losses or indicate ways in which the effects of job losses can be mitigated. Full and frank disclosure of information helps to avoid rumors and misinformation, which again can fuel low morale and lack of productivity in the workplace. A transparent process that engages key stakeholders early on decreases the likelihood of resistance to changes in the longer run. • Ensure retrenchment is necessary and look for alternatives to job losses. Options to consider include: A freeze on new hiring and re-training of existing staff; reduction in hours worked by existing staff; internal transfers and redeployment; transfer of employees to third party organizations. • Gather relevant information on workers’ rights and obligations, workers’ re - employability in the market, gender and age breakdown of workers to be retrenched and workers to be retrained. • Begin consultations with key stakeholders, engage workers and worker organizations. • Reach an agreement on nature of retrenchment and establish procedures to plan the numbers of workers who can be re-trained and re-deployed, determine a timeframe for implementation, develop criteria for workers who can be re-trained and workers who may need to be re-trenched, determine budgets for actions, including re-training, re- deployment, early retirement or job assistance. • Summarize results of consultations and agreements in a Retrenchment Plan that is made publicly available to all. • Ensure that workers are able to ask questions or submit grievances regarding the application of the Retrenchment Plan to them. • Make any necessary payment and carry out planned actions (re-training/re-deployment) in a timely and transparent manner. 14 Annex C. Health and Safety Incident Tracker Incident Class Class 1 Class 2 Class 3 Minor consequence: Moderate consequence: Major consequence: no one was seriously injured or near injury requiring first aid treatment serious injury (causing long-term miss and time off work impairment) or fatality) Ref no. Date Incident Description Incident Action Due Responsibility Status Class Cause required date 001 Open 002 Closed etc. etc. 15