ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Federal Democratic Republic of Ethiopia Ministry of Health and Ethiopia Public Health Institute ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT (P173750) Labour Management Procedures (LMP) Final Report (Revised) June 14, 2021 ADDIS ABABA, ETHIOPIA ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Table of Contents List of Abbreviations and Acronyms ............................................................................................................ ii Executive Summary ...................................................................................................................................... v 1. Introduction ........................................................................................................................................... 1 2. Project Components .............................................................................................................................. 2 3. Rationale of the LMP ............................................................................................................................ 4 4. Overview of Labour use on the project ................................................................................................. 5 5. Potential Labour risks ........................................................................................................................... 7 6. Overview of Labour Legislations and WB’s ESS2............................................................................. 10 6.1. Ethiopian Labour Legislation...................................................................................................... 10 6.2. World Bank Standard on Labour and Working Conditions (ESS2) ........................................... 14 7. Occupational Health and Safety (OHS) .............................................................................................. 16 8. Policies and Procedures ...................................................................................................................... 19 9. Age of Employment ............................................................................................................................ 22 10. LMP Implementation Responsible Staff ......................................................................................... 23 11. Terms and Conditions ..................................................................................................................... 25 12. Grievance Redress Mechanism (GRM) .......................................................................................... 27 12.1. Worker Grievance Mechanism: General Description .................................................................... 27 12.2. Principles of the GRM ................................................................................................................... 28 12.3. Procedures of the GRM ................................................................................................................. 29 12.4. Capacity Building for Worker GRM’s Responsible Staff ............................................................. 30 12.5. Promotion of the worker GRM ...................................................................................................... 30 12.6. Worker Grievance Mechanism Structure ....................................................................................... 30 12.7. World Bank Grievance Redress System ........................................................................................ 31 13. Contractor Management.................................................................................................................. 32 13.1. Selecting Contractors ..................................................................................................................... 32 13.2. Managing and Monitoring Performance ........................................................................................ 33 13.3. Accessing Worker GRM ................................................................................................................ 33 14. Community Workers ....................................................................................................................... 34 15. Operationalization of this LMP: Project Annual Work Plan and Budget ....................................... 34 16. Disclosure ....................................................................................................................................... 34 References ................................................................................................................................................... 36 Annex: LMP Data Collection Table ........................................................................................................... 37 i ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Table 1: Number and Types of workers to be employed on the Project ...................................................... 6 List of Abbreviations and Acronyms AEFI Adverse Event Following Immunization AF Additional Financing CoC Code of Conduct EFDA Ethiopian Food and Drug Administration EHSGs World Bank Group Environmental, Health and Safety Guidelines EHS Environmental Health and Safety ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESS Environmental and Social Standards ESSS Environmental and Social Safeguard Specialists EPI Expanded Program for Immunization EPHI Ethiopia Public Health Institute FDRE Federal Democratic Republic of Ethiopia GBV Gender Based Violence GFP Grievance Focal Point GoE Government of Ethiopia GFP Grievance Focal Person GIIP Good International Industry Practice GMU Grants Management Unit GRM Grievance Redress Mechanism GRS Grievance Redress Service HR Human Resource IA Implementing Agencies ILO International Labour Organization LIMP Labour Influx Management Plan LMP Labour Management Procedure MoF Ministry of Finance MoH Ministry of Health MoLSA Ministry of Labour and Social Affairs MPA Multiphase Programmatic Approach NGO Non-Governmental Organization OHS Occupational Health and Safety PCD Partnership and Cooperation Directorate PDO Project Development Objective PIM Project Implementation Manual ii ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT PIU Project Implementation Unit POM Project Operation Manual PPA Project Preparation Advance PPE Personal Protective Equipment RRT Rapid Response Team SA Social Assessment SEA/SH Sexual Exploitation and Abuse/Sexual Harassment SEP Stakeholders Engagement Plan SOP Standard Operation Protocols SPRP Strategic Preparedness and Response Plan, also known as Global COVID-19 MPA TA Technical Assistance TTL Task Team Leaders UNICEF United Nations International Children’s Emergency Fund VAC Vaccine Approval Criteria WB World Bank WBG World Bank Group WGM Worker Grievance Mechanism WGRM Worker Grievance Redress Mechanism WHO World Health Organization iii ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Executive Summary I: Project Description This Project is an Additional Financing (AF) and restructuring of the Ethiopia COVID-19 Emergency Response Project (P173750). It will support the costs of expanding activities of the Ethiopia COVID-19 Emergency Response Project under the COVID-19 Strategic Preparedness and Response Plan (SPRP) using the Multiphase Programmatic Approach (MPA), approved by the Board on April 2, 2020, and the AF to the SPRP approved on October 13, 2020. The primary objective of the AF is to provide upfront financing for vaccine acquisition and deployment to enable affordable and equitable access to COVID vaccines and effective vaccine deployment in Ethiopia, including strengthening the vaccination system and further strengthening preparedness and response activities under the parent project. The proposed AF will help vaccinate 20 percent of the country’s population. The World Bank (WB) financing for the COVID-19 vaccines and deployment will follow World Bank’s Vaccine Approval Criteria (VAC). The Project has the following components: Component 1: Medical Supplies and Equipment. The support for vaccines when available, which was anticipated in the initial Global COVID-19 Multiphase Programmatic Approach (MPA), will be added as part of the containment and mitigation measures to prevent the spread of, and deaths from COVID-19 under Component 1. The AF under this component will finance: Support for the implementation of priority activities under the Emergency Preparedness and Response Plan, related to case management and infection prevention and control. Component 2. Preparedness, Capacity Building and Training. The AF will finance: Operating costs; the development of a COVID-19 vaccination card, COVID registry, report and analytical tools; training plan for vaccine introduction; deployment of health professionals and training on surveillance, supply chain, and emergency preparedness for climate hazards; development of micro-level Project COVID-19 Vaccine deployment plans at national and sub national levels; establishment of regulatory measures for the procurement/ importation of project COVID-19 vaccine and related supplies; vaccine safety, licensure pharmacovigilance; project COVID-19 vaccine inoculation training for front line health personnel; supervision on project COVID-19 vaccine safety and Adverse Event Following Immunization (AEFI) monitoring for regulators and Expanded Program for Immunization (EPI) officers; strengthening of regional AEFI investigation task force and support for AEFI case investigations; preparation of data protection guidelines (including personal data), draft consent forms, developing standard operation protocols (SOP); and developing innovative registries for key Project COVID-19 Vaccine target groups, identification of target populations; monitoring and evaluation including establishment of a mechanism to track adverse reactions to vaccines. Component 3: Community Discussions and Information Outreach. The AF will finance: human resource capacity for risk communication; the development of social mobilization and community engagement strategies (using local languages) to increase vaccine acceptance and COVID- 19 prevention behaviors; monitor COVID-19 Vaccine acceptance/hesitancy; establish compliant handling mechanisms at all levels (Federal MoH, Regional Health Bureau, Woreda v ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Health Office and Facility); and deployment of risk communication officers and other human resources to expand and accelerate vaccine deployment efforts. Component 4: Quarantine, Isolation and Treatment Centres and regulatory infrastructure. The AF will finance establishment of the regulatory infrastructure and capacity for safety surveillance of the Project COVID-19 Vaccine, including refurbishing and equipping a Project COVID-19 Vaccine laboratory under the Ethiopian Food and Drug Administration (EFDA). Component 5: Project Implementation and Monitoring. The AF will finance: (i) the creation of accountability, grievances, and citizen and community engagement mechanisms. Being a WB financed Project, the project will thereby adhere to the World Bank’s Environmental and Social Framework (ESF). For this purpose, the project has undergone an initial screening against the 10 Environmental and Social Standards (ESSs) that are defined in the ESF. According to the screening, Environmental and Social overall risks and impacts have been found substantial, and thus, respective assessments and plans will be developed, in the context of this report, the Labour Management Procedures (LMPs) according to the requirements of ESS2 – Labour and Working Conditions. II: Project Labour Use The Project will deploy different categories of workers for work . Although a definitive figure cannot be provided at this point, it is estimated a total of 105,400 people will be involved in the project work. Relevant Federal and regional states institutions are expected to mobilize thousands of workers of various expertise, including contracted workers. With the exception of a few international technical experts, the project work will only involve Ethiopian workers (male and female), with the aim of sourcing the majority locally in the cities and woredas. The majority of workers are will be existing government civil servants, especially those working in the heath sector. Existing civil servants will remain subject to the terms and conditions of their existing sector employment. Additional staff who may be directly engaged (Direct workers) will need to be contracted in line with the requirements of ESS2 in relation to Labour and working conditions, non-discrimination and equal opportunities and occupational health and safety. The Project will use Direct workers, Contracted workers, and Community workers. However, it will not use primary supply workers and migrant workers. Direct Workers: these include the ‘AF and restructuring of the Ethiopia COVID-19 Emergency Response’ Project Implementation Unit (PIU) staff (Project Coordinator, Finance Officer, Environmental and Social Risk Management officers, Vaccine program expert, and Monitoring and Evaluation Specialist); consultants who work for the PIU; government civil servants assigned to work on the project. The professional mix of the Direct workers include, among others: Vaccinators; Recorders; Supervisors; Coordinators; AEFI National and regional Supervisors; AEFI woreda level Supervisors; AEFI investigators; Cold Chain Technician per woreda; and Waste managers. Contracted workers: will be recruited by the PIU for the key implementation activities of the Project. If the contracted workers are going to be sourced through an employment agency (broker), vi ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT information regarding the number, type and duration of contracts must be clearly communicated to the Bank. As it stands now these workers include: (i) Health Care Workers such as: Technical Assistance for AEFI program – National; Technical Assistance for AEFI program -Regional; SBCC Advisor/Risk communication TA; and TA by GAVI + WB; and (ii) Support staff such as: rental vehicles drivers to transport vaccine from emerging hubs hard-to-reach woreda; and rental vehicles drivers for pastoralist regions. Community workers: It’s anticipated that the project will bring onboard members of the community as social mobilizers and crowd controllers, nearly 15,000 people for each group to be rolled out at different stages. These community workers will not perform on volunteer/nonpaid basis, but they will get per diems commensurate to their work contribution, or compensated for by a contingency fee. All community workers, in this context, will be subject to the provisions of these LMPs’ in terms of having a clear explanation on their Terms and Conditions, their right to be protected against occupational health and safety risks, as well as their right to access a functional worker GRM. III: Key Labour Risks: Most activities supported by this AF project are being conducted by health- and laboratory workers, i.e., civil servants employed by the Government of Ethiopia. Activities encompass thereby treatment of patients as well as assessment of samples and provision of vaccines. Key risks related to the project continue to be public and occupational health risks deriving from engagement with people and samples contaminated with COVID-19. The most significant of these risks are: i. Occupational health and safety: There are risks to COVID-19 infections for all workers engaged in project activities, as well as mental issues or burnout as a result of outbreak, in addition to a minor risk of child labour, who might be engaged in logistics and cleaning activities. There are also occupational health and safety risks associated with the small scale refurbishing of the existing health infrastrure such as repair, rehabilitation and construction of handwashing stations. Mitigation measures would include applying safe working practices, engaging trained workers, and using enough and suitable personal protective equipment (PPE). Additionally, the project will have in place and implement a simple action plan to cope with emergencies (fire, earthquake, floods, COVID-19 outbreak). ii. Risks of exposure to the virus: community workers may contract the virus in line of duty due to crowded transport to duty stations, and lack of masks, particularly in remote areas. The project will refrain from using community volunteers to handle COVID-19 cases. Community volunteers shall be provided with and trained to use the necessary material for infection prevention in addition to providing appropriate PPE to all workers at the health care facilities. iii. Risks associated with medical waste management.The MoH will, put in place an appropriate Environmental Health and Safety (EHS) risk management system for proper collection, transportation, and disposal of hazardous medical wastes and for minimization of occupational health and safety risks and monitor strict adhereence by all project implementation units. iv. Reprisals and retaliation against healthcare workers and researchers. Experiences in the past show that there have been incidents of reprisals and retaliation against researchers and vii ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT health workers, that occurred mainly due to false rumours. This risk will be mitigated through explicit inclusion in robust stakeholder identification, communication and consultation processes. It is also important to have clarity on the potential social risks related to any mandatory aspect of the national vaccination program and WB’s guidance on same and whether and how this mandatory element relates to local cultural, social, and traditional community practices and values. Such risks need to be considered within the mitigation hierarchy and balanced against the health-related requirements of any vaccination program. v. GBV, sexual exploitation and abuse, and sexual harassment: these concerns are expected on vulnerable worker women at the isolation, quarantine and treatment centers and vaccination sites/facilities. On another hand, quarantine measures and fears over contracting the virus, as well as restriction of movement, school closures, social isolation, lost jobs, among others, may exacerbate household tension, thus increase the risk of this type of violence. Also, young female workers may be at risk of being involved in inappropriate behaviours and misconduct while engaged in the project. Mitigation measures would include: a) preparing awareness materials that would guide on how to deal with anxiety and stress b) help connect with possible support organizations including NGOs; c) ensure mental health facilities are well-resourced and provide support to NGOs to increase their services, d) put in place dedicated hotlines and appropriate reporting mechanisms; e) apply ethics and professional code of conduct f)provide gender-sensitive facilities and infrastructure; g) strengthen workers’ respect to local cultures through engaging them in community interaction trainings. Under the parent project, the GoE has produced training and communication materials and distributed for healthcare providers and other workers in health facilities including isolation and quarantine sites. It has also prepared Covid-19 focused operating procedures and tools, and monitor their use and adherence at these facilities. The project will continue to include messages related to GBV and SH, as well as GBV referral services. These include proving legal protection and hotlines free of charge; where there are gaps, the MoH and its regional bureau counterparts will provide the necessary resources to strengthen it. The contractors will maintain labour relations with local communities through a code of conduct (CoC), which commits all persons engaged by the contractor, including sub-contractors and suppliers, to acceptable standards of behaviour. The CoC shall include sanctions for noncompliance, including non-compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). vi. Labour disputes over terms and conditions of employment: Labour disputes may include limited employment opportunities, wages, delays of payment, overtime, rest time, and health and safety concerns. Employers may retaliate against workers for demanding legitimate working conditions or raising concerns regarding unsafe or unhealthy work situations, or any grievances raised, such situations could lead to labour unrest and work stoppage. The project will ensure that Ethiopian Labour laws are complied with and a worker’s GRM will be setup as stipulated in the Stakeholder Engagement Plan (SEP) for the project. Furthermore, the employer is required to pay overtime in compliance with national laws as well as support employees with necessary health care, among other measures. viii ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT vii. Frontline health workers will be expected to conduct house to house visits under the project which involves the risk of exposure to COVID-19. In addition to the universal provision of PPE, considering that 70% of health sector workers in Ethiopia are women, the project will procure PPE that is designed and suitable for the female body in adequate supply for female health workers and volunteers to mitigate the risk of exposure to COVID-19 and other infections while at work. viii. Child Labour: In Ethiopia, child labour, for any person under the age of 18, is prohibited by law. The project may outsource minor works to contractors. To mitigate the risk of child labour, the contractor shall include in the code of conduct clauses that (i) exclude employment of people under 18; (ii) prohibit students from engaging in any construction related activities; iii) conduct community sensitizations on child labour; and (iv) implement the worker GRM. ix. Risk of discrimination: This includes potential inappropriate treatment or harassment of project workers related to gender, age, disability, ethnicity, or religion. No discrimination is acceptable as per the Ethiopian Labour Law and ESS2 and the Project supports equal opportunities for women and men, with emphasis on equal criteria for selection, remuneration, and promotion, and equal application of those criteria. Measures to prevent harassment of project workers, including sexual harassment, in the workplace is addressed through code of conduct trainings, including messaging in the communication. IV: Applicable Legislations and ESS2 The Constitution of the FDRE (1995) Art.42(1-2) contains provisions on the rights of factory and service workers, labourers, and other rural workers. These rights include forming associations, bargaining collectively with employers, expressing grievances including the right to strike, reasonable limitation of working hours, rest, periodic leave with pay, remuneration for public holidays as well as healthy and safe work environment. Pursuant to the broader provision of the FDRE Constitution, the terms and conditions stipulated under various Articles of the following Proclamations apply for the Project workers (in addition to the provisions of ESS2): i. Labour Proclamation No. 377/2003; ii. Federal Civil Servants Proclamation 1064/2017; iii. Labour Proclamation No.1156/2019 (complements, but does not replace, Labour Proc. No. 377/2003); iv. Proclamation No. 632/2009, Employment Exchange Service Proclamation; and v. Proclamation No. 568/2008, Right to Employment of Persons with Disability. In case of variations between the national legislations and regulations, and the World Bank Environment and Social Standards, the more stringent provision will be applied. With respect to OHS at health care facilities, the project will refer to the national health policy, the contact management and testing strategy protocol, as well as the national guidelines for combating COVID-19, which provides detailed instructions on personal hygiene and using PPE at health workplace. These LMPs have been built to meet the requirements of the WB’s ESS2 – labor and working conditions, to bridge the gap of important aspects with labour engagement, such as having ix ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT a detailed terms and conditions, health and safety requirements at workplaces, as well as clear mechanisms for addressing labour disputes, but doing so with enough reference to applicable national laws and regulations. V: Implementation Responsibilities & Procedures The Ministry of Health (MoH) will be the implementing agency for the project. The Grant Management Unit (GMU) of the MoH’s Partnership and Cooperation Directorate (PCD) will be responsible for the day-to-day management of activities supported under the project, as well as the preparation of a consolidated annual work plan and a consolidated activity and financial report for the above-mentioned project components.The PIU housed in the MoH has the overall responsibility to oversee all aspects of the implementation of the LMP, in particular to ensure contractors’ compliance. The PIU will address all LMP aspects as part of procurement for works as well as during contractor induction. The responsible body for workers management varies depending on the types of workers and the location. The direct workers will be managed by the MoH, EPHI and Regional and City Administration Health Bureaus pursuant to the Federal Civil Servants Proclamation 1064/2017 at the National and regional states levels as key implementing entities. Whereas, the contracted workforce’s contract terms and conditions would be determined by the laws specified under section 6.1, the MoH and its partner implementing agencies, i.e., EPHI, Regional and City Administration Health Bureaus will provide the required workers’ training and occupational health and safety equipment and procedures to address worker grievances. This responsibility of managing staff will also pass to contractors and sub-contractors. The PIU will have the following overarching responsibilities: manage these LMPs, provide project specialized training on GBV/SEA/SH and OHS; manage contractors and subcontractors, suppliers, and community workers, and ensure they comply with these LMPs; ensure that contracts are developed in line with these LMPs with enough provisions for GBV and OHS; ensure enough GRM setup and implementation for project workers; and monitor implementation of the worker code of conduct. Project workers will be hired based on the principles of non-discrimination and equal opportunity; have their terms and conditions written and explained in a clear language; ensure that working hours don’t exceed 48 hrs/week. The project will consult WHO guidelines to protect workers against COVID-19, which will include clear measures for: assessing workforce characteristics, monitoring entry/exit to the workplace, applying general hygiene, adjusting working practices, tapping on local media and other services for health care information, training and communication, as well as communication and contact with the community. VI: Grievance Mechanism In line with ESS2 provisions, the project will establish a functioning worker Grievance Mechanism (WGM) (that is available for all project workers) proportionate to the nature and scale of potential risks and impacts, promptly addresses worker concerns using understandable and transparent process, operates independently and objectively, free of charge, builds on existing systems, allows x ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT anonymous complaints, non-discriminatory, and have a different and sensitive approach to GBV/SEA/SH-related cases, as well as allows access to other judicial or administrative remedies. The grievance process will follow the value chain steps, including: applying uptake modalities for different locations and channels; sorting, prioritizing, and processing grievances; acknowledging grievance receipt and following up; verifying, investigating and acting upon grievances; M&E, as well as informing GRM users on final results and further actions. The project will provide enough resources and capacity building to the staff assigned to work at the WGM. The WGM will be described in staff induction and on-the-job trainings, which will be provided to all project workers. The WGM will be incorporated into the wider project communication strategy. Information on the various channels available to submit grievances, complaints, and concerns will be publicized through meetings, monthly information brochures and posters in an understandable language. xi ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT 1. Introduction This Project is an Additional Financing (AF) and restructuring of the Ethiopia COVID-19 Emergency Response Project (P173750). The AF would support the costs of expanding activities of the Ethiopia COVID-19 Emergency Response Project under the COVID-19 Strategic Preparedness and Response Plan (SPRP) using the Multiphase Programmatic Approach (MPA), approved by the Board on April 2, 2020, and the AF to the SPRP approved on October 13, 20201. The primary objective of the AF is to provide upfront financing for vaccine acquisition and deployment to enable affordable and equitable access to COVID vaccines and effective vaccine deployment in Ethiopia, including strengthening the vaccination system and further strengthening preparedness and response activities under the parent project. The proposed additional financing will help vaccinate 20 percent of the country’s population. The World Bank (WB) financing for the COVID-19 vaccines and deployment will follow World Bank’s Vaccine Approval Criteria (VAC). The proposed AF will form part of an expanded health response to the pandemic, which is being supported by development partners under the coordination of the GoE. Additional World Bank financing will provide essential resources to enable the expansion of a sustained and comprehensive pandemic response that will appropriately include vaccination in Ethiopia. Critically, the additional financing seeks to enable the acquisition of vaccines from a range of sources to support Ethiopia’s objective to have a portfolio of options to access vaccines under the right conditions (of value-for-money, regulatory approvals, and delivery time, among other key features). The COVAX facility has put in place a framework that will anchor the GoE strategy and access to vaccines. On GoE is currently reviewing an agreement with COVAX to procure and ship the vaccines2. The Bank is supporting the country to source through COVAX as a priority, and to also support the country in accessing vaccines beyond COVAX as necessary. The proposed IDA financing will build on this to expand Ethiopia access to vaccines. The availability and terms of vaccines remain fluid and prevent the planning of a firm sequence of vaccine deployment, especially as the actual delivery of vaccines is unlikely to be immediate. Rather, the proposed financing enables a portfolio approach that will adjust during implementation in response to developments in the country pandemic situation and the global market for vaccines. This AF will support investments to bring immunization systems and service delivery capacity to the level required to successfully deliver COVID-19 vaccines at scale. To this end, the AF is geared to assist the GoE, working with WBG, WHO, UNICEF and other development partners, to overcome bottlenecks in the area of planning and management, supply and distribution, program 1 The World Bank approved a US$12 billion WBG Fast Track COVID-19 Facility (FTCF or “the Facility”) to assist IBRD and IDA countries in addressing the global pandemic and its impacts. Of this amount, US$6 billion came from IBRD/IDA (“the Bank”) and US$6 billion from the International Finance Corporation (IFC). The IFC subsequently increased its contribution to US$8 billion, bringing the FTCF total to US$14 billion. The Additional Financing of US$12 billion was approved on October 13, 2020 to support the purchase and deployment of vaccines as well as strengthening the related immunization and health care delivery system.; 2 In fact, on 07 March 2021 Ethiopia has received 2.184 million doses of the Astra Zeneca COVID-19 vaccine via the COVAX Facility. https://www.afro.who.int/news/22-million-covid-19-vaccines-allocated-covax-facility-arrive- ethiopia-marking-start-countrys 1 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT delivery, systems and infrastructure as identified in the COVID-19 vaccine readiness assessment in the country. The AF entails expanding the scope of activities in the Ethiopia COVID-19 Emergency Response Parent Project and adjusting its overall design. As the proposed activities to be funded under the AF are aligned with the original PDO of the parent project (Ethiopia COVID-19 Emergency Response - P173750), the PDO would remain unchanged: ‘To prevent, detect and respond to the threat posed by COVID-19 and strengthen national systems for public health preparedness’. Being a WB financed Project, the project will thereby adhere to the World Bank’s Environmental and Social Framework (ESF). For this purpose, the project has undergone an initial screening against the 10 Environmental and Social Standards (ESSs) that are defined in the ESF. According to the screening, Environmental and Social overall risks and impacts have been found substantial, and thus, respective assessments and plans will be developed, in the context of this report, a Labour Management Procedures (LMPs) according to the requirements of ESS2 – Labour and Working Conditions. The purpose of LMP is to facilitate planning and implementation of the project. It identifies the main labour requirements and risks associated with the project, and help to determine the resources necessary to address project labour issues. LMP lays out the project’s approach on national requirements, as well as the objectives of the WB’s ESF, specifically “Environmental and Social Standard 2- “Labour and Working Conditions (ESS2)”. This LMP sets out the terms and conditions of employment for employing or otherwise engaging workers on the project, specifies the requirements and standards to be met and policies and procedures to be followed, assesses risks, and proposes implementation of compliance measures. The LMP is developed to help avoid, mitigate, and manage risks and impacts in relation to project workers and ensure non-discrimination, equal opportunity, protection, fair treatment, and safe and healthy working conditions. The LMP is a living document to facilitate project planning, preparation, and implementation. It is anticipated that the LMP will be updated as additional information becomes available during project implementation, including in relation to workforce numbers and requirements, timing of project activities, and associated due diligence and social risk management. The project will ensure compliance with national law requirements as well as World Bank guidelines regarding the COVID-19 pandemic. 2. Project Components The Project Development Objective (PDO) of the Parent Project, and this AF, is to prevent, detect, and respond to the threat posed by COVID-19, and strengthen national systems for public health preparedness in Ethiopia. This AF has five project components, which will be briefly presented here under.3 3 FDRE, FOR AN ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT, MARCH 4, 2021. 2 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Component 1: Medical Supplies and Equipment. The support for vaccines when available, which was anticipated in the initial Global COVID-19 Multiphase Programmatic Approach (MPA), will be added as part of the containment and mitigation measures to prevent the spread of, and deaths from COVID-19 under Component 1. The AF under this component will finance: Support for the implementation of priority activities under the Emergency Preparedness and Response Plan, related to case management and infection prevention and control, including through the provision of: (i) Project COVID-19 Vaccine in quantities sufficient to vaccinate at least 4 percent of the population; (ii) vaccination supplies needed for activities outlined in the Vaccine Delivery and Distribution Manual including diluents, syringes, and medical supplies associated with the vaccination response; (iii) climate-friendly cold chain inputs, including LED lamps and refrigerators; (iv) maintenance of existing cold chain equipment; (v) infection prevention and waste management; and (vi) Project COVID-19 vaccine storage and transportation. Component 2. Preparedness, Capacity Building and Training. The AF will finance: (i) Operating costs; (ii) the development of a COVID-19 vaccination card, COVID registry, report and analytical tools; training plan for vaccine introduction; (iii) deployment of health professionals and training on surveillance, supply chain, and emergency preparedness for climate hazards; (iv) development of micro-level Project COVID-19 Vaccine deployment plans at national and sub national levels; (v) establishment of regulatory measures for the procurement/ importation of project COVID-19 vaccine and related supplies; vaccine safety, licensure pharmacovigilance; (vi) project COVID-19 vaccine inoculation training for front line health personnel; (vii) supervision on project COVID-19 vaccine safety and Adverse Event Following Immunization (AEFI) monitoring for regulators and Expanded Program for Immunization (EPI) officers; (viii) strengthening of regional AEFI investigation task force and support for AEFI case investigations; (ix) preparation of data protection guidelines (including personal data), draft consent forms, developing standard operation protocols (SOP); and (x) developing innovative registries for key Project COVID-19 Vaccine target groups, identification of target populations; monitoring and evaluation including establishment of a mechanism to track adverse reactions to vaccines. Component 3: Community Discussions and Information Outreach. The AF will finance: (i) human resource capacity for risk communication; 3 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT (ii) the development of social mobilization and community engagement strategies (using local languages) to increase vaccine acceptance and COVID-19 prevention behaviours; (iii) monitor COVID-19 Vaccine acceptance/hesitancy; (iv) establish compliant handling mechanisms at all levels (Federal MOH, Regional Health Bureau, Woreda Health Office and Facility); and (v) deployment of risk communication officers and other human resources to expand and accelerate vaccine deployment efforts. Component 4: Quarantine, Isolation and Treatment Centers and regulatory infrastructure. The AF will finance establishment of the regulatory infrastructure and capacity for safety surveillance of the Project COVID-19 Vaccine, including refurbishing and equipping a Project COVID-19 Vaccine Laboratory under the Ethiopian Food and Drug Administration (EFDA). Component 5: Project Implementation and Monitoring. The AF will finance: (i) the creation of accountability, grievances, and citizen and community engagement mechanisms. 3. Rationale of the LMP This is an Additional Financing and Restructuring of the Ethiopia COVID-19 Emergency Response project and normally one would expect lessons are drawn from the Main project in policy implementation. However, for a variety of reasons, all policy tools are not always put in place for all projects. Likewise, the LMP was not developed for the Main Ethiopia COVID-19 Emergency Response project and there is no LMP specific lesson that could be built upon during the implementation of this AF project. However, the MoH implements workplace policies that clearly address code of conduct; recruitment policy; non-smoking policy; drug and alcohol policy; health and safety policy; and anti-discrimination and harassment policy. Additionally, the ministry also implements HR policy which describes: employment contracts; wages; termination of employment; maternity and paternity leave; prevention of sexual harassment in the workplace; public holidays and work weeks and other important clauses. On the lessons learnt from implementing these policies and procedures, MoH says: “We found them as an essential and key part of the Ministry’s system, together with other policies, they provide a roadmap for day-to-day operations. Additionally, these policies ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes. Further, we found these Policies to oversee lawfully [the] risks and improve workforce spirit, specialist maintenance, and professional fulfilment.” Cognizant of the above and to deliver the project, the use of government and private human resources is anticipated at all levels from Federal to woreda/kebele. The Government of Ethiopia recognizes that comprehensive management of the human resources is important to augmenting the positive outcomes of the project. These LMPs have, therefore, been developed to: i. Promote safety and health at work; ii. Promote the fair treatment, non-discrimination and equal opportunity for project workers; 4 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT iii. Protect project workers, including vulnerable workers such as women, persons with disabilities, youth (of working age, in accordance with Ethiopian legal provisions and WB’s ESF-ESS2) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. iv. Prevent the use of all forms of forced Labour and child Labour; v. Support the principles of freedom of association and collective bargaining of project workers in a manner consistent with Federal law; vi. Provide project workers with accessible means to raise workplace concerns. 4. Overview of Labour use on the project There are different categories of workers expected to be employed to work on the Project. Although a definitive figure cannot be provided at this point on planned numbers of workers as it might change depending on circumstances and phases of the Project, it is estimated a total of 105,400 people will be involved in the project work. Federal and regional states institutions involved in the implementation of various project activities are expected to mobilize thousands of workers of various expertise, including contracted workers. With the exception of a few international technical experts, the project work will only involve Ethiopian workers (male and female), with the aim of sourcing the majority locally in the cities and woredas. The majority of workers are expected to be existing government civil servants, especially those working in the heath sector. Existing civil servants will remain subject to the terms and conditions of their existing sector employment. Additional staff who may be directly engaged (Direct workers) to support the Project will need to be contracted in line with the requirements of ESS2 in relation to Labour and working conditions, non-discrimination and equal opportunities and occupational health and safety. The Project will use Direct workers, Contracted workers, and Community workers. However, it will not use primary supply workers and migrant workers. Direct Workers: these include the ‘AF and restructuring of the Ethiopia COVID-19 Emergency Response’ Project Implementation Unit (PIU) staff (Project Coordinator, Finance Officer, Environmental and Social Risk Management officers, Vaccine program expert, and Monitoring and Evaluation Specialist); consultants who work for the Project implementation/coordination unit; government civil servants assigned to work on the project by the respective Federal and regional implementing institutions. The professional mix of the Direct workers include, among others: Vaccinators; Recorders; Supervisors; Coordinators; AEFI National and regional Supervisors; AEFI woreda level Supervisors; AEFI investigators; Cold Chain Technician per woreda; and Waste managers. In Ethiopia 70% of front-line health care workers are female. Contracted workers: are those who will be recruited by the PIU for the key implementation activities of the Project. If the contracted workers are going to be sourced through an employment agency (broker), information regarding the number, type and duration of contracts must be clearly communicated to the Bank. As it stands now these workers include: (i) Health Care Workers such as: Technical Assistance for AEFI program – National; Technical Assistance for AEFI program - 5 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Regional; SBCC Advisor/Risk communication TA; and TA by GAVI + WB; and (ii) Support staff such as: rental vehicles drivers to transport vaccine from emerging hubs hard-to-reach woreda; and rental vehicles drivers for pastoralist regions. Community workers: It’s anticipated that the project will bring onboard members of the community as social mobilizers and crowd controllers, nearly 15,000 each. These community workers will not perform on volunteer/nonpaid basis, but they will get per diems commensurate to their work contribution, or compensated for by a contingency fee. All community workers, in this context, will be subject to the provisions of these LMPs’ in terms of having a clear explanation on their Terms and Conditions, their right to be protected against occupational health and safety risks, as well as their right to access a functional worker GRM. Workforce requirement: the requirement of the work force at different levels will be determined by the scope of the project activities operated by each implementing institution (MoH and EPHI) which is variable over time. The Table below presents the estimated number of Labour force for each type of work. Most of these workers are government civil servants who will remain subject to the terms and conditions of their existing sector employment.4 Direct workers who may be directly engaged as additional staff will need to be contracted in line with the requirements of ESS2 in relation to Labour and working conditions, non-discrimination and equal opportunities and occupational health and safety. All contractors and sub-contractors that will be involved in this project adhere to the legal frameworks of both the GoE and the WB’s provisions of ESS2 (Labour and Working Conditions) and ESS4 (Community Health and Safety). Table 1: Number and Types of workers to be employed on the Project Estimated Stage of roll out No. Type of Worker by Job Classification No. Preparation Vaccination Direct Workers (Disaggregated by types of I work) 1.1 Health Care Workers √ √ Vaccinators 44,832 Recorders 14,944 Supervisors 2,989 Coordinators 2,364 AEFI National and regional Supervisors 36 AEFI woreda level Supervisors 230 AEFI investigators 60 4 All government civil servants seconded to work on the project will remain subject to the terms and conditions of their existing public sector employment agreements/arrangements, as understood under ESS2, Scope of Application, paragraph 8. 6 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Cold Chain Technicians - one technician/woreda 1,054 1.2 Waste Management Workers √ Waste managers 8762 1.3 Migrant Workers None II Contract Workers (By types of work) 2.1 Health Care Workers √ √ Technical Assistance for AEFI program - National 2 Technical Assistance for AEFI program - Regional 24 SBCC Advisor/Risk communication TA 2 TA by GAVI + WB 37 2.2 Support Staff √ √ Rental vehicles drivers to transport vaccine from emerging hubs hard-to-reach woreda 5 Rental vehicles drivers for pastoralist regions 171 2.3 Migrant Workers None Community workers (By types of activities in III which they engage) 1 Social mobilizers 14,944 √ √ 2 Crowd control 14,944 √ Grand Total 105,400 Source: MoH, May 26, 2021. 5. Potential Labour risks Most activities supported by this AF project are being conducted by health- and Laboratory workers, i.e., civil servants employed by the Government of Ethiopia. Activities encompass thereby treatment of patients as well as assessment of samples and provision of vaccines. Key risks related to the project continue to be public and occupational health risks deriving from engagement with people and samples contaminated with COVID-19. The most significant of these risks are: i. Occupational health and safety: There are risks to COVID-19 infections for all workers engaged in project activities, as well as mental issues or burnout as a result of outbreak. There are also occupational health and safety risks associated with the small scale refurbishing of the existing health infrastrure such as repair, rehabilitation and construction of handwashing stations. Mitigation measures would include displaying information and applying and 7 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT monitoring of standard safety procedures and working practices, engaging trained workers, and using enough and suitable personal protective equipment (PPE). Additionally, the project will have in place and implement a simple action plan to cope with emergencies (fire, earthquake, floods, COVID-19 outbreak). ii. Risks associated with medical waste management.The MoH will, put in place and monitor an appropriate Environmental Health and Safety (EHS) risk management system for proper collection, transportation, and disposal of hazardous medical wastes and for minimization of occupational health and safety risks, which will be strictly adhered to and monitored by all project implementation units. iii. Reprisals and retaliation against healthcare workers and researchers. In the past, there have been incidents of reprisals and retaliation against researchers and health workers, which were mainly due to false rumours. This risk will be mitigated through explicit inclusion in robust stakeholder identification, communication and consultation processes. It is also important to have clarity on the social risks that may arise related to any mandatory aspect of the national program and the WB guidance on same and whether and how this mandatory element relates to cultural, social, and traditional community practices and values. Such risks need to be considered within the mitigation hierarchy and balanced against the health-related requirements of any vaccination program. iv. Frontline health workers will be expected to conduct house to house visits under the project which involves the risk of exposure to COVID-19. In Ethiopia, Women represent 70% of health sector workers. Therefore, in addition to the universal provision of PPE, the project will procure PPE that is designed and suitable for the female body in adequate supply for female health workers and volunteers to mitigate the risk of exposure to COVID-19 and other infections while at work. v. GBV, sexual exploitation and abuse, and sexual harassment: these concerns are expected on vulnerable worker women at the isolation, quarantine and treatment centers and vaccination sites and facilities. On another hand, quarantine measures and fears over contracting the virus, and as well as restriction of movement, school closures, social isolation, lost jobs, among others, may exacerbate household tension, thus increase this type of violence. Mitigation measures would include: preparing awareness materials that would guide on how to deal with anxiety and stress and connect with possible support organizations; ensure mental health facilities are well-resourced and support NGOs in increasing their services, as well as dedicating hotlines and appropriate reporting mechanisms; apply ethics and professional code of conduct and provide gender-sensitive infrastructure; and strengthen workers’ respect to local cultures through engaging them in community interaction trainings. Morevoer, the GoE, under the parent project, has produced training and communication materials and distributed for healthcare providers and other workers in health facilities including isolation and quarantine sites. It has also prepared Covid-19 focused operating procedures and tools, and monitor their use and adherence at these facilities. The project will 8 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT continue to include messages related to GBV and SH, as well as GBV referral services, which, including legal protection and hotlines, are being made available free of charge; where there are gaps, the MoH and its regional bureau counterparts will provide the necessary resources to strengthen it. The contractors will maintain labour relations with local communities through a code of conduct (CoC), which commits all persons engaged by the contractor, including sub- contractors and suppliers, to acceptable standards of behaviour. The CoC shall include sanctions for noncompliance, including non-compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). vi. Labour disputes over terms and conditions of employment: including limited employment opportunities, wages, delays of payment, overtime, rest time, and health and safety concerns. Employers may retaliate against workers for demanding legitimate working conditions or raising concerns regarding unsafe or unhealthy work situations, or any grievances raised, such situations could lead to Labour unrest and work stoppage. The project will ensure that Ethiopian Labour laws are complied with and a worker’s GRM setup (see Section 12.6). Additionally, the employer is required to pay overtime in compliance with national laws as well as support his employees with necessary health care, among other measures. vii. Risks of exposure to the virus: community workers may contract the virus in line of duty due to crowded transport to duty stations, and lack and affordability5 of masks, particularly in remote areas. The project will refrain from using community volunteers to handle COVID-19 cases and they shall be trained in use and provided with necessary material for infection prevention, in addition to providing appropriate PPE to all workers at the health care facilities. viii. Child Labour: In accordance with ESS2 and also as per the provisions of the Ethiopian Labour Proclamation No.1156/2019 (Art.89(3)) young workers should not be involved in any work that endangers their lives or health. Art.89(4) outlines the prohibited areas for young workers and Art. 90 further states that, young workers should not be assigned to night and overtime work. For the detailed legal provisions on Child Labour, see Sub-section ‘Prohibition of Child and Forced Labour’ below, and for child labour risk mitigation measures, see Section 9 ‘Age of Employment’. The project may outsource minor works to contractors. To mitigate the risk of child Labour, the contractor shall include in the Contractors Code of Conduct (i) avoid employing persons under the age of 18,; (ii) not to engage students in any construction related activities; (iii) conduct community sensitizations on child Labour; and (iv) implement the worker GRM. In Ethiopia, child labour, for any person under the age of 18, is forbidden due to the hazardous work situation. ix. Labour Influx: It is unlikely that the project area will experience Labour influx since, apart from small scale refurbishing of the existing health infrastructure, no civil works will be financed in the AF. x. Risk of discrimination: This includes potential inappropriate treatment or harassment of project workers on basis of gender, age, disability, ethnicity, or religion. No discrimination is acceptable as per the Ethiopian Labour Law and ESS2 and the Project supports equal 5 N95 Mask costs between 150-170 Birr, which is very expensive by the standard of many Ethiopians and even that is not easily available. 9 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT opportunities for women and men, with emphasis on equal criteria for selection, remuneration, and promotion, and equal application of those criteria. Measures to prevent harassment of project workers, including sexual harassment, in the workplace is addressed through code of conduct trainings, including messaging in the communication. 6. Overview of Labour Legislations and WB’s ESS2 The Constitution of the FDRE (1995) Art.42(1-2) contains provisions on the rights of factory and service workers, labourers, and other rural workers and these rights include forming associations, bargaining collectively with employers, expressing grievances including the right to strike, reasonable limitation of working hours, rest, periodic leave with pay, remuneration for public holidays as well as healthy and safe work environment. 6.1.Ethiopian Labour Legislation Pursuant to the broader provision of the FDRE Constitution, the terms and conditions stipulated under various Articles of the following Proclamations apply for the Project workers (in addition to the provisions of ESS2): i. Labour Proclamation No. 377/2003; ii. Federal Civil Servants Proclamation 1064/2017; iii. Labour Proclamation No.1156/2019 (complements, but does not replace, Labour Proc. No. 377/2003); iv. Proclamation No. 632/2009, Employment Exchange Service Proclamation; and v. Proclamation No. 568/2008, Right to Employment of Persons with Disability. In case of variations between the national legislations, regulations, and the World Bank Environment and Social Standards, the more stringent provision will be applied. The Labour Proclamation No. 377/2003, Part 7 provides a framework for the conditions of employment in workplaces as regards to safety, health and directs the prevention of accidents occurring to persons employed or authorized to enter the sites of work or the general public; through implementation of identified mitigation measures for the specifically identified potential hazards to safety and health. The Proclamation specifically states the responsibilities of the worker and the obligation of the employer, all of which will be adhered to under this Project. The Labour Proclamation also provides the framework for workers management and the protection of their rights. The Proclamation regulates employment matters in terms of minimum wages, fair Labour practices, non-discrimination and prohibition of employment of children. It also promotes sound Labour relations through protection and promotion of freedom of association, encouraging collective bargaining, settling Labour complaints and disputes, establishment of disputes handling machinery in organization. Under Labour Proclamation No. 1156/2019, the employer is obligated to provide the employee with work as stipulated in the employment contract; to pay the worker wages and other emoluments in accordance with this Proclamation or the collective agreement; to take all the 10 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT necessary occupational safety and health measures and to abide by the standards and directives to be given by the appropriate authorities in respect of these measures. Article 55(1) provides “Wages shall be paid in cash, provided, however, that where the employer and workers agree, it may be paid in kind. Wages paid in kind may not exceed the market value in the area of the payment in kind and in no case may exceed 30% of the wages paid in cash.” On child labour, Art. 89(1-2) provides “For the purpose of this Proclamation, “young worker” means a natural person who has attained the age of 15 but is below the age of 18 years. It is prohibited to employ a person less than 15 years of age.” Sub-Art. 3 further provides “It is prohibited to assign young workers on work, which on account of its nature or due to the condition in which it is carried out endangers their lives or health.” Article 4(1) of Proclamation No. 568 (2008) the Right to Employment of Persons with Disabilities states that a person with disability having the necessary qualification and scored more than other candidates shall have the rights without any discrimination to:  Occupy a vacant post in any office or undertaking through recruitment, promotion, placement or transfer procedures; or  Participate in a training program to be conducted either locally or abroad. i. Rest Art. 61(2) of Proclamation 1156/2019 provides “Normal hours6 of work shall not exceed 8 hours a day or 48 hours a week.” Article 69(1) stipulates “A worker shall be entitled to a weekly rest period covering not less than twenty-four non-interrupted hours in the course of each period of seven days”. Unless otherwise determined by a collective agreement or work rule, the weekly rest day shall, whenever possible: a) Fall on a Sunday; b) Be granted simultaneously to all of the workers of the undertaking (Sub-Art.2). It further provides “The weekly rest period shall be calculated as to include the period from 6 am to the next 6 am” (Sub-Art.3) and “Notwithstanding the provisions of Sub-Article (1) of this Article, where the nature of his task did not enable the worker to make use of his weekly rest day, the employer shall grant 4 working days of rest in a month” (Sub-Art.4). ii. Wages Art. 53(1) of Proc. No 1156/2019 provides ““Wages” means the regular payment to which a worker is entitled in return for the performance of the work that he performs under a contract of employment.” According to Article 53(2) “Wages” does not include (a) Over-time pay; (b) Amount received by way of per-diems, hardship allowances, transport allowance, relocation expenses, and similar allowance payable to the worker on the occasion of travel or change of his residence; (c) Bonus; (d) Commission; (e) Other incentives paid for additional work results; f) Service charge received from customers. 6 “In this proclamation, “normal hours of work” means the time during which a worker actually performs work or avails himself for work in accordance with law, collective agreement or work rules.” (Art. 61(1). 11 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Article 28(1) of the 1977 Labour Act provides that: Any contract that exceeds three months in duration shall be made in writing by the employer. Such contract shall be written in three copies and signed by the two parties. Each party shall keep one copy and the third copy shall be deposited with the Labour Office. Article 30 gives the content of contract which should include among others “the agreed wage and the time of payment”. The legislation does not mandate minimum wages.7 iii. Leave (annual, sick, family events, union members, special purpose, and maternity leave) Proclamation 1156/2019, Article 76-86 amended the provisions of different leaves including the number of days under the Labour Proclamation 377/2003. (a) Annual Leave: Art. 77(1): “A worker pursuant to this Article shall be entitled to uninterrupted annual leave with pay. Such leave shall in no case be less than: (a) Sixteen (16) working days for the first year of service; (b) Sixteen (16) working days plus one working day for every additional two years’ service.” Sub-Article (5) states “Where the length of service of a worker is below one year, the worker shall be entitled to an annual leave proportional to the length of his service”. (b) Sick Leave: Article 85 contains detail provisions under which a worker is entitled to a sick leave: (1) Where a worker, after having completed his probation, is rendered incapable of working due to sickness other than employment injury, he shall be entitled to a sick leave. According to Art. 86 the period of sick leave provided for in Article 85 shall be granted to a worker in the following manner: (1) For the first one month, with payment of 100% of his wages; (2) For the next two months, with payment of 50% of his wage; 3/ For the next three months, without pay. (c) Family events: workers are entitled for 3 working days leave with pay for events such as marriage, death of a spouse, descendants, ascendants, brother, sister, uncle, aunt relative whether by consanguinity or affinity (Art.81(1) (a-b)). Sub-Art. 3 stipulates “A worker shall be entitled to leave without pay for up to five consecutive days in the case of exceptional and serious events. However, such leave may be granted only twice in a budget year.” (d) Union Leave: “Trade union leaders shall be entitled to leave with pay for the purpose of presenting cases in labour disputes, negotiating collective agreements, attending union meetings, participating in seminars or training courses. The manner of granting such leave may be determined by collective agreement” (Article 82). 7 “Usually, wages are fixed by either the employer, negotiated by collective agreement, or by an employee’s contract. The absence of a minimum wage floor for workers has particularly affected workers from private enterprises who often have the lowest salary, and the salary scale lacks uniformity at the company level…the recently approved Labour Proclamation (No. 1156/2019) opened a path to establish a minimum wage board and a process to set and develop minimum wages.” This body is called Tripartite Labour Advisory Board (TLAB), composed of 15 members: five representing workers, five representing employers, and five representatives from the various ministries. TLAB “promotes tripartite consultations concerning the investigation of work conditions, the health and safety of workers, and labour legislation. It also provides advisory opinions to MoLSA.” Labour Market Profile 2020 (ulandssekretariatet.dk) 12 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT (e) Leave for Special Purposes: Article 83(1-2) of Proclamation 1156/2019 provides “A worker who appears at hearings before bodies competent to hear labour disputes or to enforce labour laws shall be granted leave with pay only for the time utilized for the said purpose. A worker shall be granted leave with pay for the purpose of exercising his voting rights or discharging his obligation as a witness before judicial or quasi-judicial organs.” (f) Maternity Leave: In line with the provision of the Constitution of Ethiopia, Article 88 of Proclamation 1156/2019 provides: 1) An employer shall grant leave to a pregnant worker with pay, for medical examination connected with her pregnancy, provided, however, that she may be required to present a medical certificate of her examination. 2) A pregnant worker shall, upon the recommendation of a physician, be entitled to a leave with pay. 3) A pregnant worker shall be granted a period of 30 consecutive days of leave with pay of pre-natal leave and a period of 90 consecutive days of leave post- natal. 4) Where a pregnant worker does not deliver within the 30 working days of her pre-natal leave, she is entitled to an additional leave until her confinement in accordance with Sub- Article (2) of this Article. However, if birth takes place before the expiry of the pre-natal leave, the 90 working days of postnatal leave shall commence. Art. 81(2) provides “A male employee shall be entitled to three consecutive days paternity leave with full pay”. Art. 48(6) of the Federal Civil Servants Proclamation (Proc. No.1064/2017 provides “Any government institution shall establish a nursery where female civil servants could breastfeed and take care of their babies; the details of its implementation shall be determined by directives to be issued by the appropriate government institution.” This Proclamation and its various provisions apply only to federal government institutions as stipulated under Art. 2(3) and their employees Art. 2(1), respectively.8 iv. Benefits in the Case of Employment Injuries Article 105 of Proclamation 1156/2019 declares that, where a worker sustains employment injury, the employer shall cover the following expenses, among others, include: a) general and specialized medical and surgical care; 8 According to Art. 2(3) of this proclamation “ government institution” means ‘any federal government office established as an autonomous entity by a proclamation or regulations and financed by government budget’. Art. 2(1) defines a “civil servant” as ‘a person employed by a Federal government institution; provided, however, that it may not include the following: Government officials with rank of state minister, deputy director general and their equivalent and above; b) members of the House of People’s Representatives and the House of the Federation; c) Federal judges and prosecutors; d) members of the Armed Forces and the Federal Police including other employees governed by the regulations of the Armed Forces and the Federal Police; e) employees excluded from the coverage of this Proclamation by other appropriate laws.’ 13 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT b) hospital and pharmaceutical care; c) any necessary prosthetic or orthopaedic appliances. According to Art. 107, a worker who has sustained employment injury shall be entitled to: a) periodical payment while he is temporarily disabled; b) disablement pension or gratuity or compensation where he sustains permanent disablement; c) Dependents’ pension or gratuity or compensation to his dependent where he dies. v. Prohibition of Child and Forced Labour Ethiopia has ratified ILO Conventions related to Child Labour and Forced Labour such as ILO Convention 182 on the Worst Forms of Child Labour; Minimum Age Convention No. 138/1973; The Rights of the Child Convention, 1989; Forced Labour Convention No. 29/1930; and Abolition of Forced Labour Convention, No.105/1957. According to Article 98(1) of Labour Proclamation 1156/2019, “young worker” means a natural person who has attained the age of 15 but is below the age of 18 years”, replacing previous provisions under Proclamation 377/2003 which set the age of young workers at 14 years. Art. 89(3), prohibits assigning young workers on work, which on account of its nature or due to the condition in which it is carried out endangers their lives or health. Further, Sub-Article 4(a-d) outlines the barred areas for young workers. Further, Art.91(1- 4) states that, young workers should not be assigned to night and overtime work, of the following nature; (i) night work between 10 pm and 6 am; (ii) over time work; and, (iii) work done on weekly rest days; or (iv) work done on Public Holidays. 6.2. World Bank Standard on Labour and Working Conditions (ESS2) ESS2 recognizes the importance of employment creation and income generation in the pursuit of poverty reduction and inclusive economic growth. Borrowers can promote sound worker- management relationships and enhance the development benefits of a project by treating workers in the project fairly and providing safe and healthy working conditions. The objectives of ESS2 are:  To promote safety and health at work.  To promote the fair treatment, non-discrimination and equal opportunity of project workers.  To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate.  To prevent the use of all forms of forced Labour and child Labour.  To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law.  To provide project workers with accessible means to raise workplace concerns. 14 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT ESS2, under section D: ‘Occupational Health and Safety (OHS)’, para. 24 -30 outlines mitigation measures to be followed as follows: 24. Measures relating to occupational health and safety will be applied to the project. The OHS measures will include the requirements of this Section, and will take into account the General EHSGs and, as appropriate, the industry-specific EHSGs and other GIIP. The OHS measures applying to the project will be set out in the legal agreement and the ESCP. 25. The OHS measures will be designed and implemented to address: (a) identification of potential hazards to project workers, particularly those that may be life threatening; (b) provision of preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances; (c) training of project workers and maintenance of training records; (d) documentation and reporting of occupational accidents, diseases and incidents; (e) emergency prevention and preparedness and response arrangements to emergency situations;19 and (f) remedies for adverse impacts such as occupational injuries, deaths, disability and disease.20 26. All parties who employ or engage project workers will develop and implement procedures to establish and maintain a safe working environment, including that workplaces, machinery, equipment and processes under their control are safe and without risk to health, including by use of appropriate measures relating to chemical, physical and biological substances and agents. Such parties will actively collaborate and consult with project workers in promoting understanding, 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 without expense to the project workers. 27. Workplace processes will be put in place for project workers to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Project workers who remove themselves from such situations will not be required to return to work until necessary remedial action to correct the situation has been taken. Project workers will not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal. 28. Project workers will be provided with facilities appropriate to the circumstances of their work, including access to canteens, hygiene facilities, and appropriate areas for rest. Where accommodation services21 are provided to project workers, policies will be put in place and implemented on the management and quality of accommodation to protect and promote the health, safety, and well-being of the project workers, and to provide access to or provision of services that accommodate their physical, social and cultural needs. 29. Where project workers are employed or engaged by more than one party and are working together in one location, the parties who employ or engage the workers will collaborate in 15 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT applying the OSH requirements, without prejudice to the responsibility of each party for the health and safety of its own workers. 30. A system for regular review of occupational safety and health performance and the working environment will be put in place and include identification of safety and health hazards and risks, implementation of effective methods for responding to identified hazards and risks, setting priorities for taking action, and evaluation of results. 7. Occupational Health and Safety (OHS) Ethiopia has legal frameworks on OHS. The parent legislative framework of the land is the Constitution of the FDRE Proc. No. 1/1995 (21st August, 1995). This grand legislation has several articles pertaining to matters of Decent Work in general and of Safety, Health and Working Environment in particular.9 Article 42(2) provides that “workers have the right to reasonable limitation of working hours, to rest, leisure, to periodic leaves with pay, to remuneration for public holidays as well as healthy and safe work environment”. Article 89(8) provides “Government shall endeavour to protect and promote the health, welfare and living standards of the working population of the country.” The Constitution has numerous articles that ensure the protection of citizens and workers from environmental and work-related hazards. The Ethiopian Labour Proclamation has established the provisions of OHS in work places. It clearly indicates the duties and responsibilities of the three parties: employer, employee and the government inspectors as stakeholders (FDRE, 2004). There are OHS directives and guidelines used by OHS inspectors and safety officers to ensure the protection of workers (MoLSA, 2008). Furthermore, there are different legal frameworks on OHS which include: The National Occupational Health Policy and Strategy; Occupational Health and Safety Directive (2008)10; Occupational Health and Safety Policy and Procedures Manual; and on Work Occupational Health and Safety Control manual for Inspectors (2017/18) which will apply to the ‘Digital Ethiopia’. Occupational Health and Safety promotion is also included as priorities in the National Health Policy Statement (1993). Ministry of Labour and Social Affairs (MoLSA) and its regional counterparts are responsible for OHS at Federal and Regional levels. MoLSA has OHS and Working Environment Department responsible for OHS. Further, Part Seven, Articles 92-106 of Proc. No. 1156/2019 defines the occupational safety and health, and working environment focusing on: (i) preventive measures (Art. 92-4); (ii) occupational injuries (Art. 95-8); (iii) defining degree of disablement (99-102); (iv) benefits to 9 National OSH Programmes (adapt.it) 10 Ministry of Labour and Social Affairs of the Federal Republic of Ethiopia. Occupational Safety and Health Directive. Addis Ababa: May, 2008. https://scholar.google.com/scholar_lookup?title=Occupational+Safety+and+Health+Directive&publication_year=20 08& 16 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT employment injuries (103-4); (v) medical services (105-6). Articles 107-112 provide for ‘Various Kinds of Cash Benefits’ to which workers are entitled. Each administrative region has an OHS department within the Labour and Social Affairs Bureau with the responsibilities of inspection service and imposing penalties for violations or non-compliance. The Labour proclamation vests in the Regional Bureaus the power to determine standards and measures for the safety and health of workers and follow up their implementation. It is also indicated that Regional Bureaus must collect, compile and disseminate information on safety and health of workers. It is unlawful for an employer to: (a) impede the worker in any manner in the exercise of his rights or take any measure against him/her because he/she exercises his/her right; (b) discriminate against female workers, in matters of remuneration, on the ground of their sex; (c) terminate a contract of employment contrary to the provisions of the Labour Proclamation No. 1156/2019; (d) coerce any worker by force or in any other manner to join or not to join or to cease to be a member of a trade union or to vote for or against any given candidate in elections for trade union offices; (e) require any worker to execute any work which is hazardous to his life; (f) discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions. Ethiopian law does not specifically state that it prohibits an employer to retaliate against a worker for reporting a dangerous work situation or removing himself/herself from a dangerous work situation. Specifically, on COVID 19, the newly adopted guidelines and protocols sufficiently address issues of OHS.11 1. The National Comprehensive COVID19 Management Handbook was issued by the Federal Ministry of Health in April 2020. The guidelines issued in this document include the following instructions about how to deal with COVID-19 mortality cases or suspected cases at home. In particular, it provides instructions on dealing with COVID-19 with respect to: ❖ Protocol for infection prevention and control during heath care when SARS COV-2 infection is suspected;  This protocol is used by health care providers, professionals working in isolation unit and treatment centre, rumour verification and investigating professionals, Laboratory professionals, supportive staff (ambulance drivers, cleaners and laundry personnel) and the public in general and will help in preventing the transmission of infection with in isolation units, treatment centres and the general public.  This IPC protocols are based on WHO infection prevention and control during health care SARS CoV-2 infection interim guidance, Ethiopian National Infection Prevention and Control Guideline, WHO guideline on hand hygiene in health care and WHO putting on and taking off PPE. 11 The employer is fully responsible to protect employee’s safety. Vaccination service is provided for the health workforce before initiating the vaccination service for other target groups. In addition, PPE’s will be provided, temporary posts with ventilation are requirements to provide COVID 19 vaccines. Hence, OHS issues will be addressed in the time of vaccination and waste management. 17 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT 2. The National Comprehensive COVID19 Management Handbook (April 2020), under Section three: COVID 19 ‘Emergency operation centre and contact tracing’, outlines: ❖ Health services use contact tracing to find people who may have been exposed to an infectious people. There are two types of contacts, close contacts and casual contacts. The measure to be taken for those two types of contacts are different. ❖ Contact tracing and listing should be done by rapid response team (RRT). Once the contacts of suspected or confirmed cases are identified and listed, they will be linked to follow up team and monitored for 14 days from the last date of contact by active or passive monitoring depending on the type of contact. ❖ It provides detail ‘how to dos on the following: ✓ Contact tracing approach; ✓ Contact identification and definition; ✓ Contact assessment; ✓ Contact management of a confirmed case; and ✓ Contact management of a suspected case. 3. COVID 19 Triage Protocol (Section VII); 4. Risk assessment and management of exposure of health care workers in the context of COVID- 19 (Section XI); 5. Rights, roles, responsibilities, occupational safety and health of health care workforce in the management of COVID 19 patients in Ethiopia (Section XII). ✓ It outlines in detail the health care workers (Health Work Force) rights and what employers and managers in health facilities should do: ✓ Health care workers’ (Health Work Force) responsibilities to ensure their OHS at workplaces; ✓ Each healthcare worker working in SARS-CoV-2 infected or suspected cases should be proficient on rational, correct, and consistent use of available Personal Protective Equipment (PPE) and appropriate hand hygiene. ✓ During care, health care workers should wear appropriate PPE based on the risk assessment. ✓ Use N95 respirators; eye/facial protection (i.e., goggles or a face shield); clean, nonsterile, long-sleeved fluid resistant gown; gloves. ✓ The protocols also provide information on usage of PPE relevant to the type of workplace, such as at screening areas, entrance points, waiting areas, detection/examination rooms, temporary isolation rooms, patients’ rooms, and testing Laboratories, as well as during ambulance handover; ✓ Step-by-step instructions on hand washing and sanitization and mask wearing and taking off. ✓ Ensure proper IPC protocols are followed during sample collection and transport. 18 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT 8. Policies and Procedures The project will depend on the various laws: (i) Labour Proclamation No. 42/1993 (replaced by Labour Proclamation No. 377/2003); (ii) Labour Proclamation No. 377/2003; (iii) Labour Proclamation No.1156/2019 (complements (does not replace, Labour Proclamation No. 377/2003); (iv) Proclamation No. 632/2009, Employment Exchange Service Proclamation; and (v) Proclamation No. 568/2008, Right to Employment of Persons with Disability. Further, Ethiopia is a signatory to international conventions and has ratified the major international human rights instruments. Ethiopia has also ratified the following ILO conventions: 1. Forced Labour Convention No. 29/1930; 2. Freedom of Association and Protection of the Right to Organize Convention, No. 87/1948; 3. Employment Service Convention, No. 88/1948; 4. Right to Organize and Collective Bargaining Convention, No. 98/1949; 5. Abolition of Forced Labour Convention, No.105/1957; 6. Minimum Age Convention No. 138/1973; 7. Occupational Safety and Health Convention, No. 156/1981; 8. Termination of Employment Convention, No. 158/1982; 9. The Rights of the Child Convention, 1989; and 10. The Worst Forms of Child Labour Convention No. 182/1999. Hence, employment will be based on the principles of non-discrimination and equal opportunity (Convention – C111 Discrimination (Employment and Occupation), 1958). There will be no discrimination with respect to any aspects of the employment relationship, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. Recruitment procedures will be transparent, public and non- discriminatory, and open with respect to ethnicity, religion, disability, gender, or gender orientation. As indicated above, the project will not recruit children for project related works and project monitoring will include this aspect. The WB ESS2 states that the minimum age of employment is 14 years while the newly revised Ethiopian Labour Law has extended the minimum year of employment to 15 years. However, both WB and Ethiopian law prohibit engagement of children under 18 years of age in works that have hazardous nature. The other gap between the WB and Ethiopian law is that the latter does not clearly indicate that the employer is prohibited against retaliating a worker for reporting a dangerous work situation or removing himself/herself from a dangerous work situation. ESS2 of the World Bank’s ESF provides that project workers will not be retaliated against or otherwise subject to reprisal or negative action for reporting a dangerous work situation or removing himself/herself from a dangerous work situation. The PIU will ensure that all project workers, including those engaged 19 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT by contractors, will have the right to report and remove themselves from dangerous work situations without being subjected to reprisal or negative action.12 In case of differences between the international conventions, national legislations and regulations, and the World Bank Environment and Social Standards, the more rigorous provision will be applied. As for COVID-19 transmission, health care, and communication: The Project Implementation Unit (PIU), during the course of the project, will identify measures to address the COVID-19 situation, specific to where project activities are taking place. These measures will be determined according to each site’s location, available resources and supplies, capacity of local emergency health services, and to which extent the virus exists in the area. The project will establish a systematic approach to planning and recognizing challenges associated with rapidly changing circumstances. For planning and putting necessary measures against COVID-19 spread and infection, the PIU will refer to:  “WHO COVID-19 Interim Guidance”13 for health workers’ rights, roles and responsibilities, including on OHS;  “WHO IPC Interim Guidance”14 for guidance on infection prevention and control (IPC) strategies for use when COVID-19 is suspected;  WHO interim guidance on use of PPE for COVID-19 for rational use of PPE;  WHO guidance getting your workplace ready for COVID-19 for workplace-related advice;  “WHO interim guidance”15 for guidance on water, sanitation and health care waste relevant to viruses, including COVID-19;  For projects requiring management of medical waste, the project will consult the guidance issued by WHO “Safe management of wastes from health-care activities”16; and  ESF/Safeguards Interim Note: COVID-19 considerations in construction/civil works projects. Measures will be compiled and tailored to each location’s context. However, the following collective measures will be adopted17: 1. Assessing workforce characteristics: the project will prepare a detailed profile of the project workforce, key work activities, work schedule, and a breakdown of workers who work from home. This also includes assessing those who might be at more risk from COVID-19, as well as those who possess symptomatic issues. The project will minimize, 12 ESS2, paragraphs 26 and 27. 13 https://www.who.int/docs/default-source/coronaviruse/who-rights-roles-respon-hw-covid-19.pdf?sfvrsn=bcabd401_0 14 https://www.who.int/publications/i/item/10665-331495 15 https://www.who.int/publications/i/item/WHO-2019-nCoV-IPC-WASH-2020.4 16 https://apps.who.int/iris/bitstream/handle/10665/85349/9789241548564_eng.pdf?sequence=1 17 Adapted from: sec 5 “What Should the Contractor Cover?” Of the ESF/Safeguard Interim Note: COVID -19 considerations in construction/civil works projects 20 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT to the extent possible, movement in and out of workplace, which includes in principle, restricting movement of workers to their area of work. 2. Monitoring entry/exit to the workplace: the project will control entry/exit of project offices, testing labs, health care centers, and isolation centers in the field, by putting in place enough documentation and trained security staff on COVID-19 specific considerations. Other measures in this regard would include confirming that workers are fit for work before they attempt to enter their workplace, which would also include checking and recording body temperatures; providing briefings on COVID-19 specific considerations (for instance: cough etiquette, hand hygiene, and social distancing); and self-monitoring of illness symptoms and reporting back to supervisors; as well as preventing infected workers from returning to their workplace, and applying isolation at home for 14 days. 3. General hygiene: the project will provide general awareness, through close collaboration with the national health sector, on detecting important symptoms, washing hands and social distancing, and what to do if they, or other people show infection symptoms. This will also include providing enough signage on workplace entrances, and in places where physical gathering is possible to occur; cleaning workplaces, and providing enough equipment and disinfection material; as well as safely collecting and disposing general and hazardous polluted wastes (through authorized waste collectors). 4. Adjusting work practices: the project will, to the extent possible, decrease working hours, limit numbers of workers on one site, and use rotation methodologies, as well as performing adequate social distancing. These measures would also include using appropriate PPE specific for protecting against COVID-19 for all project workers, with special attention given to vulnerable and field workers. Frequent review to these measures will be performed to ensure soundness and applicability. 5. Local medical and other services: the project will collect and maintain enough information about availability of medical care in districts where the project activities are taking place. This would include, but won’t be limited to, available health care centers, beds, isolation facilities, treatment equipment, supplies, and referral options, as well as available capacities of the medical care staff. 6. Training and communication: the project management will keep workers engaged in relation to the pandemic situation, and how they can protect themselves, through using official channels and appropriate social media. The project will conduct regular training for project workers on infection prevention measures, on addressing issues of discrimination or prejudice if a worker becomes ill and provide an understanding of the trajectory of the virus, where workers return to work. The training will also cover all issues that would normally be required on the workplace, including use of safety procedures, use of PPE, occupational health and safety issues, and code of conduct. 21 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT 7. Communication and contact with the community: the project will clearly communicate with the target community about measures put onsite to prevent transmission of COVID-19, including prohibiting direct contact with workers, and will do so by utilizing available channels such as posters, pamphlets, radio, text messages, and electronic means. The project will urge project representatives, contractors, and workers to practice social distancing and follow other COVID-19 guidance issued by relevant authorities while interacting with the community at large. All measures set above will be periodically revisited and updated according to the changing pandemic circumstances. 9. Age of Employment Ethiopia has ratified ILO Minimum Age Convention No. 138/1973. As per the Ethiopian Labour Proclamation No.1156/2019 Article 89(1-4) minimum age for employment is 15 years for young workers. The minimum Age for Hazardous Work is set as 18 years. Workers between the ages of 15 to 18 years are classified as young workers. It is prohibited to employ young workers to carry out work which on account of its nature such as possible exposure to COVID-19 or due to the condition in which it is carried out (i.e., hazardous nature of the work (e.g., in health care facilities and medical waste treatment), endangers the life or health of the young workers. Proc. No.1156/2019 states that: Normal working hours for young persons may not exceed seven hours a day. It is prohibited to employ young workers on night work between 10 p.m. and 6 a.m.; overtime work; weekly rest days; and public holidays. Because the project mainly mobilizes government civil servants and a handful of adult professionals and experts, expatriates included, it will not employ/engage any person under 18 years of age. The PIU will undertake monitoring, at a minimum every six months, of all project workers, to ensure that there are no direct hires under 18 years of age or no community workers, and that all contractors and subcontractors involved in the project are not employing/engaging anyone under 18 years of age for the project work. Further, awareness-raising sessions will be conducted regularly among the communities, as well as for Implementing Agencies (IA) and contractors to sensitize on prohibition and negative impacts of child and forced Labour. The Project will use the following process, prior to the employment or engagement of an applicant for work on the project, to verify the person’s age. The PIU will ensure that each contractor/subcontractor also uses this process and provides it (the PIU) with written confirmation that each worker they employ or engage in relation to the project is at least the minimum age of 18 years. The following information will be kept on file in the PIU administrative offices:  Written confirmation from the applicant of their age; and  Where there is reasonable doubt as to the age of the applicant, requesting and reviewing available documents to verify age (such as a birth certificate, national identification card, medical or school record, or other document or community verification demonstrating age). 22 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT If a person under the minimum age of 18 years is discovered working in relation to the project, the PIU will take measures to terminate the employment or engagement of that person in a responsible manner, considering the best interest of that person. To ensure that the best interests of the child under 18 years are considered, the PIU will undertake, and ensure that all contractors/subcontractors also undertake, remediation within a reasonable time period agreeable to the World Bank. The remediation activities could include, among other options:  Enrolling the child in a vocational training/apprenticeship program, but which does not interfere with the child’s completion of compulsory school attendance under national law.  Employment of a member of the child’s family, who is at least 18 years of age, by the primary supplier, contractor, or subcontractor for project-related or other work. 10. LMP Implementation Responsible Staff The overview of responsible staff and oversight mechanisms are discussed in the Project Operation Manual (POM) and can be further refined during the implementation stage. The PIU to be established in the MoH has the overall responsibility to oversee all aspects of the implementation of the LMP, in particular to ensure contractors’ compliance. The PIU will address all LMP aspects as part of procurement for works as well as during contractor induction. Notwithstanding the above, this section briefly outlines the roles and responsibilities of project implementing entities in: (i) engagement and management of project workers, including direct hires and workers employed/engaged in relation to contractors/subcontractors and community workers; (ii) engagement and management of contractors/subcontractors; (iii) occupational health and safety (OHS); (iv) training of workers; and (v) addressing worker grievances. The source of budget for the implementation of OHS measures is the part of the project cost. The responsible body for workers management varies depending on the types of workers and the location. The direct workers will be managed by the MoH, EPHI and regional and city administration Health Bureaus pursuant to the Federal Civil Servants Proclamation 1064/2017 at the National and regional states levels as key implementing entities. Whereas, the contracted workforce’s contract terms and conditions would be determined by the laws and WB’s ESS2 requirements specified under sections 6.1 and 6.2 above, respectively, the MoH and its partner implementing agencies, i.e., EPHI, Regional and City Administration Health Bureaus will provide the required workers’ training and occupational health and safety equipment and procedure to address worker grievances. This responsibility of managing staff will also pass to contractors and sub-contractors. Contractors must engage a minimum of one health and safety representative, which is responsible for monitoring the day-to-day compliance to safety precautionary measures indicated in the ESMF, SEP, Project Implementation Manual (PIM) and LMP, and records of any incidents and report to the Project Implementation Unit (PIU). The PIU is responsible to promptly notify the incidence and accident to the WB within 48 hours, which will be followed by formal investigation of the causes and identification of a set of corrective actions. Besides, the PIU monitors labour and 23 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT working conditions quarterly, and annually throughout the Project implementation period. Any identified non-compliance will be included in these monitoring reports accompanied by relevant corrective actions. More specifically, the PIU will be responsible for the following:  Develop, maintain, implement, update, and control this LMPs document;  Provide project-specific training on GBV/SEA/SH and OHS requirements to project workers periodically throughout the project life cycle, including on-the-job trainings. The PIU will provide such training by its E&S specialists, however, it also will consider procuring specialized GBV/SEA/SH and OHS trainings from eligible consultancy firms, where necessary;  Ensure, monitor, and verify that all health care facility workers, contractors/subcontractors, chain suppliers, and community workers comply with these LMPs;  Ensure, monitor, and verify that the contracts with the contractors are developed in line with the provisions of these LMPs, and that contractors include enough obligations toward providing GBV/SEA/SH and OHS-related training to their workers;  Ensure that the grievance redress mechanism for project workers is established and implemented and that workers are informed of its purpose and how to use it;  Have a system for regular monitoring and reporting on labour and OHS performance; and  Monitor implementation of the Worker Code of Conduct. The international competitive procurement will use the World Bank’s Standard Procurement Documents (according to the New Procurement Framework and Regulations for Projects After July 1, 2016)18. However, when approaching the national market, as shall be agreed in the Procurement Plan, the country’s own procurement procedures may be applied, provided that such procedure shall be subject to the requirements as provided in section 5 paragraph 5.3 to 5.6 of the Procurement Regulations for IPF Borrowers. As such, the project will use contracting templates provided by the Procurement Framework and Regulations. The Contracting Agreement will include conditions and clauses on Forced Labour/Child Labour, Trafficking-in-person and GBV/SEA/SH as well as on obligations to Health and Safety, to which the contractors will need to commit and adhere. The LMP and OHS responsibilities of all implementing agencies including the contractors will include the following:  Develop an Occupational Health and Safety plan, which aims to avoid, minimize and mitigate the risk of workplace accidents. This would include identifying potential risks and identifying safe working practices, using only trained workers, using safe machinery and equipment and providing necessary personal protective equipment (PPE).  Comply with all national and good practice regulations regarding workers’ safety.  Prepare and implement a simple action plan to cope with risk and emergency (e.g., fire, earthquake, floods, and COVID-19 outbreak). 18 https://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement-new-framework 24 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT  Provide minimum required training or orientation on occupational safety regulations and use of personal protective equipment; and  The contractor(s) shall provide safety measures as appropriate during works such as fire extinguishers, first aid kits, restricted access zones, warning signs, overhead protection against falling debris, lighting system to protect hospital staff and patients against construction risks.  Follow the Labour Management Procedures and occupational health and safety requirements as stated in the contracts signed with the MoH;  Contractors will keep records detailing the specifications of the job description of each worker;  Supervise the subcontractors’ implementation of LMPs and OHS requirements;  Maintain records of employment, and training of contracted workers as provided in their contracts;  Communicate clearly job descriptions and employment conditions to all workers;  Make sure every project worker hired by contractor/subcontractor is aware of the PIU/MoH’s dedicated call centre, hotline, email address, and web portal through which any worker can submit his/her grievances; and  Provide induction and monthly training to employees on labour law protections in relation to occupational health and safety, including training on their rights to safe and healthy working conditions under Ethiopia labour laws, World Bank ESS2 requirements, on the risks of job-related injuries and accidents, and on measures to reduce risks to acceptable levels, as well as periodical trainings on GBV/SEA/SH. Note: The child labour and forced labour (if any) as well as GBV/SEA/SH and OHS requirements apply to all categories of workers in the project activities. 11. Terms and Conditions In setting terms and conditions for project workers, the project will refer to the following legislations: (i) 1977 Labour Act; (ii) Labour Proclamation No. 377/2003; (iii) Labour Proclamation No.1156/2019 (complements (does not replace, Labour Proc. No. 377/2003); (iv) Proclamation No. 632/2009, Employment Exchange Service Proclamation; (v) Proclamation No. 568/2008, Right to Employment of Persons with Disability; (vi) Occupational Health and Safety Directive (2008)19 (vii) Work Occupational Health and Safety Control manual for Inspectors (2017/18) 19 Ministry of Labour and Social Affairs of the Federal Republic of Ethiopia. Occupational Safety and Health Directive. Addis Ababa: May, 2008. https://scholar.google.com/scholar_lookup?title=Occupational+Safety+and+Health+Directive&publication_year=20 08& 25 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT (viii) ESF/Safeguards Interim Note: COVID-19 considerations in construction/civil works projects; (ix) For rational use of PPE: WHO interim guidance on use of PPE for COVID-19; (x) For workplace-related advice: WHO guidance getting your workplace ready for COVID-19; and (xi) The ESS2 requirements. Additionally, the project will follow the following provisions, and will ensure the project contractors and primary suppliers do the same, when setting out work Terms and Conditions with workers:  The Project will specify the age of employment (Labour Proc. No.1156/2019 Article 89(1- 4) minimum age for employment is 15 years for young workers. The minimum Age for Hazardous Work is set as 18 yrs.) as not greater than the age of retirement (60) and not less than 18 (as specified by this LMP).  Article 28(1) of the 1977 Labour Act provides that: Any contract that exceeds three months in duration shall be made in writing by the employer. Such contract shall be written in three copies and signed by the two parties. Each party shall keep one copy and the third copy shall be deposited with the Labour Office.20 Article 30 gives the content of contract which should include among others “the agreed wage and the time of payment”. WB’s ESS2 paragraph 10 states “Project workers will be provided with information and documentation that is clear and understandable regarding their terms and conditions of employment”. For provisions on minimum wages, see section ‘Wages’ above.  Such contract will be written in three copies and duly signed by the two parties. Each party will keep one copy and the third copy will be deposited with the Labour Office.  The project will explain the content of the work agreement in an understandable way to the worker, which should include among others “the agreed wage and the time of payment” (Article 30).  Salaries of project workers will be determined in light of all applicable provisions mentioned above.  As for working hours, the following provisions, according to the Proc. No.1156/2019, will be applied: Article 61(2) Normal hours of work shall not exceed 8 hours a day or 48 hours a week. Normal working hours for young persons may not exceed seven hours a day. It is prohibited to employ young workers on night work between 10 p.m. and 6 a.m.; overtime work; weekly rest days; and public holidays. Because the project mainly mobilizes 20 Labor Proc. No. 1156/2019 Art. 12(5) provides that the employer of a worker of a definite period of time has : “To take all the necessary occupational safety and health measures and to abide by the standards and directives to be given by the appropriate authorities in respect of these measures”. Moreover, Art. 7 ‘Where a contract of employment is not made in writing’, ‘the employer shall, within 15 days from the conclusion of the contract, give the worker a written and signed letter containing the elements specified under Article 6 [Contract of employment made in writing] of this Proclamation’ (sub-art.1) and ‘if the letter referred to in sub-article (1) of this Article is not wholly or partly objected by the worker within 15 days from the date of receipt, it shall be deemed a contract of employment concluded between the worker and the employer’ (sub-art.2) This means, even workers without a written contract are covered under in the OHS provisions of Proc. No. 1156/2019. 26 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT government civil servants and a handful of adult professionals and experts, it will not employ/engage any person under 18 years of age.  According to Article 87(2&3): ‘No pregnant woman shall be assigned to night work between 10 p.m. and 6 a.m. or be assigned on overtime work’; and ‘She shall be transferred to another place of work if her job is hazardous to her health or to the fetus as ascertained by a physician’. 12. Grievance Redress Mechanism (GRM) 12.1. Worker Grievance Mechanism: General Description The Project recognizes the vulnerability of the target communities, beneficiaries and the different types of workers to be involved the project activities. Effective grievance redress mechanism (GRM) for addressing and managing workplace and employment related conflicts or complaints as well as gender-based violence (GBV) is crucial for the Project. Typical work place grievances include demand for employment opportunities; labour wage rates; delays of payment; disagreement over working conditions; and health and safety concerns in the work environment. A grievance structure will be established for project workers (direct workers21 and contracted workers), as required in ESS2. Handling of grievances should be objective, prompt and responsive to the needs and concerns of the aggrieved workers. The worker Grievance Redress Mechanism (WGRM) will also allow for anonymous complaints to be raised and addressed. Individuals who submit their complaints or grievances may request that their names be kept confidential and this should be respected. The workers will be informed of the GRM at the time of recruitment and the measures put in place to protect them against reprisal for its use. According to ESS2 paragraphs 21-23, different types of workers (including all direct workers and contracted workers, and, where relevant, their organizations) may approach the workers’ GRM for the following key reasons, among many others:  Demand for employment opportunities;  Labour wages rates and delays in payment of wages;  Disagreements over working conditions;  GBV/SEA/SH in the workplace; and  Health and safety concerns in work environment. The MoH, under whose leadership the project will be implemented, will establish, coordinating with EPHI, an accessible and functional WGRM for all categories of workers described in this 21 As indicated above, Section 3 ‘Overview of Labour use on the project’ (see also footnote 4), “All government civil servants seconded to work on the project will remain subject to the terms and conditions of their existing public sector employment agreements/arrangements, as understood under ESS2, Scope of Application, paragraph 8.” But, in the event of inaction on the part of the concerned body or dissatisfaction with its d ecision regarding the worker’s complaints about his/her occupational health and safety and other concerns associated with the new assignment on the project, he/she may lodge grievances to the GRM established for the project, especially issues related to GBV and discrimination of some sort. 27 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT LMP, including direct hires, and workers hired through contractors/subcontractors. This is particularly important for pastoralist areas where Woreda offices could be miles away from workers sites. Labour Proclamation No. 1156/2019 provides “Employers and workers or their respective associations may introduce social dialogue in order to prevent and resolve labour disputes amicably” (Art.141). The government civil servants seconded to this project will also have access to grievance procedures under Ethiopian government public service laws.22 The worker GRM, which is different from the public GRM, will leverage existing procedures and systems, and will be established in early stages of the project and will serve throughout the project implementation. The worker GRM will be based on the requirements of the WB’s ESS2 – Labour and Working Conditions. 12.2. Principles of the GRM Specifically, the worker GRM will operate according to the following key principles: ❖ The workers GRM is not same as the grievance mechanism to be established for project affected stakeholders. ❖ It will be made available for all direct and contracted workers (and where relevant their organizations); ❖ It will be proportionate to the nature and scale and the potential risks and impacts foreseen from the project; ❖ It will be designed to promptly address concerns using an understandable and transparent process that provides timely feedback to those concerned in a language that they understand, without any retribution; ❖ It will operate in an independent and objective manner; ❖ It will be a free system. Complaining workers will not pay fees to use the worker GRM; ❖ It will utilize existing grievance systems and experiences. In this context, the worker GRM will leverage human resource (HR) complaining procedures for direct workers that are available at their respective health ministries and departments, and will ensure HR procedures at contractors’ organizations are consistent with the official worker GRM system characterized in this document, which will be further referenced in their working agreements, and monitored accordingly; ❖ Anonymous grievances are also allowed and facilitated, and will be treated equally as other grievances, whose origin is known, however, a suitable contact information is a must to be able to communicate responses back; ❖ There will be no discrimination against those who express grievances, and any grievances will be treated confidentially; ❖ To avoid the risk of stigmatization, exacerbation of the mental/psychological harm and potential reprisal, the worker GRM will have a different and sensitive approach to GBV/SEA/SH-related cases; 22 Labour Proclamation No. 1156/ 2019. 28 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT ❖ It does not replace or override the requirements to provide workplace processes to report work situations that a project worker believes are not safe or unhealthy; ❖ Workers will be able to raise concerns regarding unsafe or unhealthy work situations through this system; and ❖ It will not impede access to other judicial or administrative remedies that might be available under the law or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective agreements. 12.3. Procedures of the GRM The WGRM will have the following design and procedural features: ❖ Information about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes”, and all pertinent information, such as: the designated call centres, hotline numbers, email addresses, office work hours, comment/complaint forms, suggestion display boxes, stipulated timeframes to respond to grievances; info on a register to record and track the timely resolution of grievances; the responsible department to receive, record and track resolution of grievances, and other means as needed. ❖ The complainant will be able to use mobile-phone based applications, and in-person centres for complaint registration and resolution, and a free hotline linked with a call centre. Currently, there is a free hotline which is under use for all COVID-19 related questions, suggestions, and complaints. It is 952 call centre. Ministry of Health trained 952 hotline respondents on Covid 19 vaccine and related issues. It is actively supporting the vaccine rollout. ❖ Grievance handling will be transparent and aggrieved workers will be informed within 10 days of their grievance application, either with a respective solution or with a request of extension if more time is needed to investigate and decide upon the case. ❖ The aggrieved party will have the option to refer to a grievance log with key information that will be established by the Regional/City Administration Health Bureaus and quarterly reported upon. ❖ Grievance logbook will be maintained in the project office. ❖ The WGM, however, does not replace or override the requirement that the PIU provides for workplace processes for project workers to report work situations that they believe are not safe or healthy, such as reporting requirements regarding workplace injuries and accidents. ❖ The WGM will not prevent workers to use judicial procedure or administrative remedies that might be available under the law or existing arbitration procedures or substitute for collective agreements grievance mechanisms, if preferred. ❖ The quarterly environment and social implementation monitoring will include reports on grievances related to project labour and working conditions issues. 29 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT ❖ If not satisfied with the outcome of the Regional State/City Administration level, the aggrieved party will be able to access a second level committee on the Federal level within the MoH. 12.4. Capacity Building for Worker GRM’s Responsible Staff The Project will develop a capacity development plan for WGRM responsible bodies and ensure that the GRM officers receive adequate training on their roles and responsibilities as well as the overall procedures of the GRM. The WGRM will be described in staff induction and on-the-job trainings, which will be provided to all project workers. Further, the project will ensure that adequate resources are available for running and managing the WGRM, including building capacities of GRM officers. Training topics would include workers’ rights and pertinent national legislations and international conventions/standards; receiving, filing, and closing work-related complaints; dealing with complaints raised by vulnerable workers (including female and young workers of working age, as well as workers with disabilities); and IT and communication skills. On GBV/SEA/SH, there will be a need to ensure that GRM procedures and mechanisms for reporting allegations of GBV/SEA/SH are known to all GRM Focal Persons. And most importantly to fulfil the role of addressing GBV/SEA/SH, focal persons will be trained (and/or have previous knowledge and experience) on GBV/SEA/SH related Guiding Principles including those of confidentiality and safety of complainants/survivors, on the survivor-centered approach. This set of skills will help GRM Focal Persons to support the quality of the complaint mechanism, while at the same time ensuring the adherence to GBV/SEA/SH related Guiding Principles and a survivor-centered approach, including right to safety, respect, and confidentiality, of the complaint intake and management. 12.5. Promotion of the worker GRM The worker GRM messaging will be incorporated into the wider project Communication Strategy. Information on the various channels to submit grievances, complaints, and concerns will be publicized through meetings, monthly information brochures and posters explaining the GRM process in languages understood by project workers, and through one-on-one meetings during recruitment. Those posters will be displayed in accessible places, and suggestion boxes will be also available in each locality, state level responsible health ministries and all implementing agencies’ (Regional and City Administration Health Bureaus) offices. Meetings will be held at least quarterly; announcements will also be placed on Notice Boards. Other sensitization methods such as print media as well as electronic media such as adverts on local radio will be used. 12.6. Worker Grievance Mechanism Structure The project specific WGM will be established at three levels: (1) at the national level in the MoH (which is entrusted with the leadership role of the Project); (2) Regional/City Administration level Health Bureaus; and 3) at the woreda level Health Offices. It should be emphasized that this GRM is not a substitution to legal system for receiving and handling grievances. However, this is formed to mediate and seek appropriate solutions to labour related grievances, without escalating to higher stages. At the national level, to be housed in MoH, the members of the Worker Grievance 30 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT committees include: (i) HR heads of MoH and EHPI; (ii) Grievance focal officer; (iii) representative of Health Workers Union; and (iv) MoH PIU representative. The Regional/City Administration and Woreda level WG Committees follow the principles adopted at the federal level in constituting their membership. But since the EPHI is a federal level institution and does not have institutional representation at the regional/city administration and woreda levels, the position will be filled by women, children and youth office representative. The National and the Regional/City Administration GR Committees will be chaired by the HR heads of their respective health institutions, and the Woreda level GR Committees by the woreda administration representative. Woreda level. The project focal person at the woreda level will serve as Grievance Focal Point (GFP) to file the grievances and appeals of the project workers. He/she will be responsible to coordinate with relevant Labour and Social Affairs offices and persons to facilitate addressing these grievances. If the issue cannot be resolved at the woreda level within five working days, then it will be escalated to the Regional/City Administration level. Regional/City Administration levels: If there is a situation in which there is no response from the woreda level GR committee, or if the response is not satisfactory then complainants and feedback providers have the option to contact the Focal Person at Regional/City Administration level, i.e., Human Resources Directorate of the Health Bureau directly to follow up on the issue. Federal level: The Federal GR committee housed in the MoH will provide an overall oversight on workers’ grievances handling of the project, and will examine and decide on grievance cases of the complainants dissatisfied with the decisions of the Regional/City Administration Grievance committees. MoLSA: Workers who are not satisfied with the decisions of the Federal level GR Committee could take their cases to the Labour dispute court at the MoLSA. This could be dealt with at two levels: (i) by taking the case to the formal Labour division courts; and (ii) through the Labour relations board for conciliation. 12.7. World Bank Grievance Redress System Communities and individuals who believe that they are adversely affected by a WB supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit, http://www.worldbank.org/en/projects- 31 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT operations/products-and-services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit, www.inspectionpanel.org. 13. Contractor Management 13.1. Selecting Contractors The MoH, as a Federal Institution entrusted with the leadership role of the ‘AF and restructuring of the Ethiopia COVID-19 Emergency Response Project’, will coordinate with EPHI and other institutions to determine which project activities can be done in-house and which ones will be outsourced. In a situation where contractors are hired, MoH will undertake due diligence assessment of the contractors’ Labour practice and adherence to the international conventions Ethiopia has ratified, national law, ESMF, ESS2 and this LMP. The contract will include clauses that refer to the Environmental and Social Commitment Plan (ESCP), Stakeholders Engagement Plan (SEP), and the LMP requirements. Moreover, the PIU will make reasonable efforts to ascertain third parties who engage contracted workers are legitimate and reliable entities and have in place Labour management Procedures applicable to the project that will enable them to operate in accordance with the requirements of ESS2. Specifically, the Project will ensure the project national contractors (including third party suppliers) provide the following information as part of the contracting process: ✓ Business licenses, necessary registrations, permits, and approvals; ✓ Proofs of having a Labour management system in place, including OHS-related management systems and associated procedures, templates and forms; ✓ Qualifications and certifications of Labour management, safety and health personnel; ✓ Certifications, necessary permits and training qualifications of workers, who will perform the required work; ✓ Records of safety and health violations and responses (corrective and preventive measures); ✓ Payroll records and proofs of enrolment of workers in health and benefit-related programs; ✓ Identification of safety committee members and records of meetings, as seen appropriate by the project management, to the nature of goods and services to be rendered; and ✓ Copies of similar engagement with other employers, showing adequate experience and compliance with sensitive work issues, such as, child Labour, forced Labour, GBV/SEA/SH, OHS, and others, as required by the provisions of ESS2 (all except paras. 34-38). The PIU will ensure that the requirements of the Environmental and Social Standard (ESS2) on Labour and working conditions and non-compliance remedies are incorporated into the Contractors’ contractual agreements. Contractors will be required to develop and sign a contractors’ ESMP that will also include issues of GBV/SEA/SH, child and forced Labour, child protection and accessibility of GRM at contractor’s worksite, as well as a specific worker code of conduct. Similarly, the PIU will ensure that issues concerning subcontracting are done with the 32 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT written consent of the relevant public health inspectorates of MoH, as well as Labour inspectorates of the MoLSA. 13.2. Managing and Monitoring Performance The PIU within the MoH will manage and monitor the performance of contractors in relation to contracted workers, focusing on compliance by contractors with their contractual agreements (obligations, representations, and warranties) and Labour management procedures. The MoH, through its PIU, will undertake due diligence assessment of the engaging contractors on their Labour practices and adherence to the national law, the Environmental and Social Management Framework (ESMF), the ESS2 provisions, and to these LMPs. This will include periodic audits and spot-checks on project locations as appropriate. Specifically, the PIU staff will look how the following obligations are fulfilled by the Contractors: ➢ Labour conditions: records of workers engaged under the Project, including sample contracts, registry of induction of workers, and working hours’ logs; ➢ Workers: number of workers, indication of origin (expatriate, local, nonlocal nationals), gender, age with evidence that no child Labour is involved, and skill level (unskilled, semiskilled, skilled, supervisory, professional, managerial); ➢ Training/induction: dates, number of trainees and topics, records on training provided for contracted workers that were tailored to educate workers on occupational health and safety risks and applying corrective and preventive measures; ➢ Incidents and safety: records of incidents, such as, lost time incidents, medical treatment cases, first aid cases, remedial and preventive activities taken, as well as reports relating to safety inspections, including fatalities and incidents and implementation of corrective actions, records relating to incidents of non-compliance with national law; ➢ Details of any security risks: details of the risks the Contractors may be exposed to, while performing their work—the threats may come from third parties, external to the project; and ➢ Worker grievances: details including occurrence date, grievance description, and date submitted; actions taken and dates; resolutions/referrals (if any) and progress dates; and follow-up yet to be taken—grievances listed should include those received since the preceding report and those that were unresolved at the time of preparing the new report. In ensuring that there is compliance with the requirements of ESS2 by service providers, the project will regularly monitor and evaluate activities of contractors in line with the project’s M&E framework. The project will also ensure that there is a comprehensive and continuous awareness raising among workers, about their entitlements. The MoH subsequently will provide regular reports (on monthly, quarterly and annual basis) regarding the performance of the contractors. 13.3. Accessing Worker GRM Where third parties are engaged in the project, the PIU will ensure that these parties report regularly on concerns raised by their workers, and how their grievances were resolves. These 33 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT requirements will be included in the third party’s terms and conditions. However, in case the third party doesn’t possess any dedicated worker grievance mechanism, the PIU will ensure this project’s worker GRM included in the third party’s agreement, and that it is used accordingly during the course of the contract period. As a result, the PIU will communicate back all concerns received by the workers of the third party to the attention of their respective employers for resolution. Similarly, these requirements will be included in the terms and conditions. 14. Community Workers It’s anticipated that the project will bring onboard community workers to support the national vaccination campaign. These workers are not part of the civil service system, nor considered as contracted staff, however, they would have the needed capacity to perform as Social mobilizers and Crowd controllers, and will be managed by the MoH and Regional and City Administration Health Bureaus. These community workers will not perform on volunteering/nonpaid basis, rather they will get per diems commensurate to their work contribution, or will be compensated for by a contingency fee. All the 14,944 localities will get 2 community workers each (one Social mobilizer and one Crowd controller).23 Therefore, total number of community workers is expected at 29,888 (14,944 for each category of community worker). All community workers, in this context, will be subject to these LMPs’ provisions, including:  Applying the minimum age requirements (of 18 years old);  Clearly stating and explaining Terms and Conditions (although not written)24;  Having the right of being protected against occupational health and safety risks (all measures of these LMPs apply); and  Having the right to access a functional worker GRM (as specified above). 15. Operationalization of this LMP: Project Annual Work Plan and Budget The client will ensure the commitments and planned activities in this LMP are operationalized through the project annual workplan and budget. The client must include environmental and social activities in this LMP with estimated budget in the annual work plan and budget. The project annual workplan and budget passes through a review by Task Team Leaders (TTL) and environmental and social specialists prior to issuance of no objection. 16. Disclosure These Labour Management Procedures will be approved by the GoE and WB and disclosed locally with translation into Amharic and the Working Languages of the respective Regional States and 23 The total number of crowd controller and social mobilizer is 29,888. Social mobilizer, crowd controller, vaccinators (3 per team), recorders are members of the vaccination team. In addition, there are supervisors (1 supervisor per 5 teams) Hence, the workforce composition is enough to deliver the vaccine. 24 All community workers will be subject to the provisions of these LMPs’ in terms of having a clear explanati on on their Terms and Conditions, their right to be protected against occupational health and safety risks, as well as their right to access a functional worker GRM. 34 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT City Administrations. These LMPs will be disclosed on the MoH website and through the World Bank’s external website. 35 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT References FDRE, Labour Proclamation No.1156/2019. ________, Labour Proclamation No. 42/1993. ________, Labour Proclamation No. 377/2003. ________, Federal Civil Servants Proclamation No.1064/2017. ________, Proclamation No. 632/2009, Employment Exchange Service Proclamation. ________, Proclamation No. 568/2008, Right to Employment of Persons with Disability. MoH, National Comprehensive COVID19 Management Handbook was issued by the Federal Ministry of Health in April 2020. _______, Ethiopia National Deployment and Vaccination Plan for COVID-19 Vaccines, Feb. 2021. MoLSA, 2006, Occupational Safety and Health profile for Ethiopia, Addis Ababa, Ethiopia. _______, 2008, Occupational Safety and Health Directive of Ethiopia, Addis Ababa, Ethiopia. PAD, Additional Financing (AF) and restructuring of the Ethiopia COVID-19 Emergency Response Project, March 2021. National OSH Programmes (adapt.it) Labour Market Profile 2020 (ulandssekretariatet.dk) https://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement- new-framework https://www.who.int/docs/default-source/coronaviruse/who-rights-roles-respon-hw-covid- 19.pdf?sfvrsn=bcabd401_0 https://www.who.int/publications/i/item/10665-331495 https://www.who.int/publications/i/item/WHO-2019-nCoV-IPC-WASH-2020.4 https://apps.who.int/iris/bitstream/handle/10665/85349/9789241548564_eng.pdf?sequence=1 36 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Annex: LMP Data Collection Table Federal Democratic Republic of Ethiopia Ministry of Health (MoH) Ethiopian Public Health Institute of (EPHI) ADDITIONAL FINANCING (AF) FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT (P173750) UNDER THE COVID-19 STRATEGIC PREPAREDNESS AND RESPONSE PROGRAM (SPRP) Labour Management Procedure (LMP) OVERVIEW OF LABOUR USE ON THE PROJECT This section describes the following, based on available information: Number of Project Workers: The total number of workers to be employed on the project, and the different types of workers: direct workers, contracted workers and community workers. Where numbers are not yet firm, an estimate should be provided. Characteristics of Project Workers: To the extent possible, a broad description and an indication of the likely characteristics of the project workers e.g., local workers, national or international migrants, female workers, workers between the minimum age and 18. Timing of Labour Requirements: The timing and sequencing of Labour requirements in terms of numbers, locations, types of jobs and skills required. Contracted Workers: The anticipated or known contracting structure for the project, with numbers and types of contractors/subcontractors and the likely number of project workers to be employed or engaged by each contractor/subcontractor. If it is likely that project workers will be engaged through brokers, intermediaries or agents, this should be noted together with an estimate how many workers are expected to be recruited in this way. ♣ Dear respected representative of: MoH and EPHI, Within the broader understanding of the aforementioned description of key data needed to prepare the Labour Management Procedures for the ‘ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT’, please let us know your respective Organization’s human resource need/tentative plan (it could be an estimate) to accomplish Project (sub-) component activities tasked to your organization by filling in the Tables below. 37 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Table I: The total number of workers to be employed on the project, and the different types of workers No. Type of Worker by Job Classification Estimated Remark No. I Direct Workers (Where possible, please disaggregate by types of work) 1.1 Health Care Workers 1.2 Waste Management Workers 1.3 Migrant Workers II Contract Workers (Where possible, please disaggregate by types of work) 2.1 Health Care Workers 2.2 Waste Management Workers 2.3 Migrant Workers III Community workers (Where possible, please indicate the types of activities in which they engage) 38 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT Name of the Institution __________________________________________________________ Contact Person: _________________________Email address: ___________________________ Table II: Characteristics of Project Workers No. Description of project workers by Job Female Male Total Classification I Local Workers (Where possible, please disaggregate by types of work) 1.1 Health Care Workers 1.2. Waste Management Workers 1.3 Migrant Workers II National Workers (Where possible, please disaggregate by types of work) 2.1 Health Care Workers 2.2 Waste Management Workers 2.3 Migrant Workers 39 ADDITIONAL FINANCING FOR THE ETHIOPIA COVID-19 EMERGENCY RESPONSE PROJECT: LABOUR MANAGEMENT PROCEDURES (LMP) FINAL REPORT III International workers (Where possible, please disaggregate by types of work) 3.1 Health Care Workers 3.2 Waste Management Workers IV Workers between the minimum age & 18 Name of the Institution __________________________________________________________ Contact Person: _________________________Email address: ___________________________ 40