LABOR MANAGEMENT PROCEDURES Jordan: Youth, Technology and Jobs Project November 7, 2019 Ministry of Digital Economy and Entrepreneurship (MoDEE) 0 Contents Abbreviations .......................................................................................................................................... 2 1. Introduction .................................................................................................................................... 3 Component 1: Support the supply of digital skills in Jordan.................................................................. 3 Sub-component 1.1 - Digital skills training through private sector involvement................................ 3 Sub-component 1.2 – Enhance digital skills competencies for public school students ...................... 5 Sub-component 1.3 - Provide working spaces in underserved communities through Tech Hubs....... 5 Component 2: Support the expansion of digital sector and digital government services in Jordan ....... 6 Sub-component 2.1 - Support the expansion and access to markets for digital firms and digital platforms ......................................................................................................................................... 6 Sub-component 2.2 - Support Digital Transformation of Service Delivery to Citizens and Businesses 7 Sub-component 2.3 - Support digitization of payments .................................................................... 8 Component 3: Project Management and Implementation Support ...................................................... 9 2. Overview of Labor Use on the Project .............................................................................................. 9 3. Assessment of Key Potential Labor Risks ........................................................................................ 16 3.1 Key Labor Risks of Office Environments........................................................................................ 16 3.2 Key Labor Risks Associated with Renovation Works ..................................................................... 16 3.2.1 Occupational Health, and Safety, Risks .................................................................................. 16 3.2.2 Emergency Preparedness, Risks............................................................................................. 16 3.2.3 Key Labor Risks Associated with IT workers ........................................................................... 17 4. Brief Overview of Labour Legislation: Terms and Conditions .......................................................... 18 5. Brief Overview of Labor Legislation: Occupational Health and Safety ............................................. 22 6. Responsible Staff ........................................................................................................................... 25 7. Policies and Procedures ................................................................................................................. 27 8. Age of Employment ....................................................................................................................... 27 9. Terms and Conditions .................................................................................................................... 27 10. Grievance Mechanism................................................................................................................ 29 11. Contractor Management............................................................................................................ 29 12. Primary Suppliers ....................................................................................................................... 30 1 Abbreviations SEP Stakeholder Engagement Plan MoDEE Ministry of Digital Economy and Entrepreneurship MoL Ministry of Labor MoE Ministry of Education PMU Project Management Unit GoJ Government of Jordan IPF-DLI Investment Project Financing with Disbursement-linked Indicators PDO Project Direct Objective GCC Gulf Corporation Council SDGs Sustainable Development Goals NAF National Aid Fund ICT Information and Communication Technology YTJ Youth, Technology and Jobs MoICT Ministry of Information and Communication Technology NSDC National Skills Development Corporation CPF Crown Prince Foundation HTU Hussein Technical University JEA Jordan Enterprise Association TTi Trip To Innovation CBJ Central Bank of Jordan SMEs Small, Medium Enterprises MIS Management Information System SOCO Stakeholder Outreach and Communications Officer VTC Vocational Training Corporation NSC National Steering Committee GRM Grievance and Redress Mechanism PAPs Project Affected People PCP Project Contact Person NIE National Implementing Entity 2 1. Introduction These Labor Management Procedures (LMP) are applicable to the Jordan Youth, Technology and Jobs Project. Under the World Bank’s Environmental and Social Standard 2 on Labor and Working Conditions (ESS2), Borrowers are required to develop labor management procedures (LMP). These procedures set out the way in which project workers will be managed in accordance with the requirements of national labor laws and the requirements of ESS2. Project Development Objective (PDO) PDO Statement Increase access to digitally-enabled income opportunities for youth and improve the delivery of selected digitized government services in Jordan. Overall project structure: 3 components Component 1 – Support the supply of digital skills in Jordan ● Sub-component 1.1: Digital skills training through private sector involvement ● Sub-component 1.2: Enhancing digital skills competencies in public schools ● Sub-component 1.3: Provide working spaces in underserved communities through Tech Hubs Component 2 – Support the expansion of digital sector and digital government services in Jordan ● Sub-component 2.1: Support the expansion and access to market for digital firms and digital platforms ● Sub-component 2.2: Support digital transformation of service delivery to citizens and businesses ● Sub-component 2.3: Support digitization of payments Component 3 - Project management & implementation support Component 1: Support the supply of digital skills in Jordan Component 1 aims to increase the supply of high-quality human capital to cater to the increasing demand for digital skills in Jordan, covering both employment and freelancing jobs. A two-pronged approach is required to address the gaps in supply of digital skills, (i) immediate attention to the stock of youth that is currently in the job market with inadequate digital skills, complemented by (ii) institutionalizing a link between emerging skills needs in the digital sector and the design of curricula in the education system and complementary rapid response programs to improve the preparedness of the flow of job-seekers in the digital sector. Component 1 will include three subcomponents as follows: Sub-component 1.1 - Digital skills training through private sector involvement The project will support the establishment of the National Skills Council for ICT, whose mandate will include demand and supply assessments, national occupational standards, affiliation of service providers, accreditation of training curriculums, provision of online training courses and materials, national awareness activities, and monitoring and evaluation (M&E). The majority of the National Skills Council for ICT board members will come from the private sector and will include representation from key public sector stakeholders to ensure that the Council’s mandate and activities are aligned with the demands of the future of work. The project will leverage the experience of the Indian National Skills Development 3 Corporation to support the establishment of the Council. The potential convening power of the Council can represent a unique opportunity for private sector involvement in mainstreaming digital skills development. Large scale private-sector led initiatives, such as Amazon Web Services (AWS), Educate, or One Million Jordanian Coders, depict a strong appetite among tech giants in collaborating with universities and vocational institutes to build the regional future workforce by creating digital skills development programs.1 The Council can facilitate model partnerships that build on these initiatives. The Council will also include in its mandate capacity building and advisory support to universities and the Khidmat Watan Program, which focuses on vocational and technical education, to ensure that mainstream digital skills training activities in the education system have enhanced market relevance. The Khidmat Watan Program will partner with the National Skills Council for ICT for the delivery of ICT training for underserved youth participating in the program. The National Skills Council for ICT will manage a Digital Skills Training facility which will provide an immediate and agile solution to the skills gaps in both quantity and quality of digital skills. The facility will be established following global best practices to identify and rapidly respond to changing market demand; augment various sources of financing for digital skills trainings; allocate funds in accordance with market needs and national policies; build training systems and capacities and develop competitive training markets; and ensure inclusivity in access to training opportunities. This subcomponent will include supporting the most vulnerable youth (i.e. those living under the poverty line), women, and those with lower education outcomes by enabling their participation in online training courses and providing them with financial assistance to purchase / upgrade digital hard- and software, stipends for transportation, and childcare support. The facility will receive initial funding from the project and leverage private sector contributions in subsequent years. The project will include the following measures to ensure the financial sustainability of the training facility beyond the timeline of the project, these include:  A gradual fee structure that increases by the increase in sophistication of training topics, where entry level training will pay symbolic fees. Collected fees will provide revenues for the training facility.  A decreasing pattern of financial support to the training facility, where bigger contributions will be provided in the first three years of operation and then public financing gradually phased-out in years four and five.  Leveraging private sector contributions in an increasing pattern over the duration of the project, building on the efficiency of the facility operations and the high employability of graduates. The training will ensure inclusion of women, Syrian refugees, and vulnerable youth, including those coming from the National Aid Fund (NAF) database across project components. The project will include the design and implementation of targeted outreach and awareness-raising activities to identify and motivate targeted beneficiaries to register for trainings and to support applicants with the application process. The activities will adopt a consistent and tailored approach for different categories of target 1 George Mason University (Mason) and Northern Virginia Community College (NOVA), in collaboration with AWS Educate, announced a Bachelor of Applied Science (BAS) pathway in cloud computing. https://aws.amazon.com/blogs/publicsector/george-mason-university-and- northern-virginia-community-college-announce-the-regions-first-bachelors-degree-for-cloud-computing-with-aws-educate/ Managed by the Crown Prince Foundation, the One Million Jordanian Coders initiative, hosted in partnership with Microsoft, Udacity, Facebook and Bayt.com, includes the launch of an online platform that offers free training courses for young people in Jordan interested in developing their digital skills across different domains. 4 beneficiaries and regions and will include gender-sensitive approaches (times, locations), while also engaging with families when appropriate. Sub-component 1.2 – Enhance digital skills competencies for public school students This sub-component will introduce quality computer science courses in public classrooms G7-12. The activities under this sub-component will aim to identify gaps in the existing information technology courses in schools, develop context-relevant digital skills learning assets, train teachers on the new courses and roll-out in a systematic way across G7-12 public classrooms. The MoE will be the counterpart for this sub-component and will seek partnerships with organizations active in the digital curricula space. The sub-component will leverage the recent MoE experience of rolling out similar specialized curricula, on financial literacy and entrepreneurship, in partnership with Injaz.2 This sub-component will adopt a focused approach to enhance digital skills among girls enrolled in G7-12. To raise awareness about the potential job opportunities offered in the tech sector in Jordan and to encourage more girls to seek employment opportunities in this sector, career advisory materials and training for school counsellors specifically targeting young women will be developed, and the teachers will be made aware of these resources as well. Furthermore, digital skills learning assets will be developed with a gender lens, such as including female role models, to ensure ICT curriculum and learning resources are inclusive. The ToRs for curriculum and learning assets development will emphasize this requirement. Sub-component 1.3 - Provide working spaces in underserved communities through Tech Hubs Support upgrading and equipping three to five technology hubs (Tech Hubs) at the sites of existing Vocational Training Institutes (VTIs) and recruit/partner with private operator(s) to manage them. Tech Hubs will act as a “for fee” venue for skilling programs, co-working spaces, ITO/BPO spaces, and networking spaces for trainers, entrepreneurs, freelancers, CSOs, and ITO businesses in nearby communities. The project will finance the upgrading, equipping, and managing of selected tech-hubs for three years. The project will select the locations of the tech-hubs to reinforce the hub and spoke approach by building on existing agglomerations, while providing opportunities for inclusion of underserved communities with a concentration of unemployed youth and women capable of working in the tech sector. The selection criteria and technical proposals for the Tech Hubs will factor in necessary design and delivery considerations to minimize constraints to women’s participation, such as program timings, percentage of female staff, layout of the physical space, proximity to or availability of safe transport, and childcare. Targeted, gender-sensitive outreach activities will also be implemented to attract women entrepreneurs and freelancers to leverage these spaces, and specific activities will be developed such as women’s mentorship programs and networks, whereby women would be matched with successful Jordan women entrepreneurs who would serve as role models, advisors and mentors. As it relates to construction activities, this component also provides an opportunity to mainstream climate change mitigation and adaptation into its development. The project team will advise the Government to include in the terms of reference for potential developers the review of energy efficient improvements, including using building techniques and materials that enable the reduction of energy consumption. For example, more efficient 2 Injaz is an independent, nonprofit Jordanian organization, which was established in 2001. The organization has established a Skills Building Program (SBP) that targets students in grades 7 to 11 in Jordan’s public, UNRWA, and military schools and special education centers. SBP has rolled out entrepreneurship and financial literacy across public schools in 2016, so a similar approach would be followed in rolling out digital skills curriculum. Link: http://injaz.org.jo/Pages/viewpage.aspx?pageID=127&NewID=1 5 insulation will contribute to increased efficiency in air conditioning and heating. When available, improvements will also include energy efficient lighting, appliances and equipment. Additionally, where applicable, the designs will incorporate the use of revised codes that consider increased frequency of storms and/or flooding for enhanced resilience of built infrastructure. Component 2: Support the expansion of digital sector and digital government services in Jordan Component 2 comprises of interventions which aim to boost activity in the digital sector by supporting the expansion and access to business opportunities. This is achieved primarily through support of the digitization of government services, which is expected to boost demand for digital services in the domestic market, as well as through interventions that improve access to global markets and investment opportunities for digital entrepreneurs. The component also supports inclusive job opportunity creation through digital platforms and the gig economy by facilitating access of women, youth and disadvantaged communities to these platforms. Sub-component 2.1 - Support the expansion and access to markets for digital firms and digital platforms a- Expansion and access to markets for digital firms: This sub-component will provide incentive packages to support the growth plans of ITO/BPO businesses in underserved communities, to help build and scale their activities and generate local job opportunities. The project will provide incentives in tranches, following a result-based model against overall jobs created. This sub-component is designed to spur the development of the digital sector in proximate cities and areas with minimum levels of agglomeration, which may not otherwise benefit from this sector’s growth. The model will specifically seek to incentivize female employment through, for example, the provision of higher incentives for employers attracting and retaining women, and the selection criteria of the digital firms could favor those that include having internal policies that would be attractive to women (e.g. flexible working arrangements). This sub- component will also support expansion of digital firms into new markets, by financing business development and outreach activities to building linkages between Jordanian digital firms (including ITO/BPO firms and digital entrepreneurs) and potential buyers and investors in regional/global markets. This sub-component will also finance outreach and linkages with domestic digital firms, particularly small and women-owned and managed firms, to support their ability to access procurement opportunities emerging from the development of e-government services under sub-component 2.2. b- Growth and adoption of the gig economy. This sub-component aims at providing access to income opportunities in various tech and non-tech economic activities for individuals in the gig economy. The project will seek to increase the adoption of platforms by supporting CSOs in training individuals to access and offer their services on digital platforms and by conducting market outreach and awareness building, with a focus on underserved communities, the inclusion of women of those coming from poor households (NAF-beneficiaries), and refugees. The sectors served by these platforms would also be selected with the intention of ensuring that they prioritize sectors in which women and Syrian refugees are active and may include digital platforms for care, maintenance and home improvement, personal tech support, and other personal services. Outreach activities will be designed and implemented to ensure women are aware, trained and connected to these platforms. The content of the trainings could reflect the specific issues that require further exploration as identified by women beneficiaries in the needs assessment. The sub- component will support Civil Society Organizations (CSOs) activities to adopt technology means, including online freelancing, ITO-BPO services, marketplace platform adoption, and job matching and networking to support vulnerable youth and poor areas where the CSOs have comparative advantage due to the 6 limited presence of private/public service providers. The project will cover up to 80 percent of the costs associated with providing services to individuals by CSOs. The project will provide funding in tranches, following an output/performance-based model that validates the number of beneficiaries engaged, and the proportion of female beneficiaries. CSOs may leverage the digital skills supply component and the shared spaces provided through the Tech Hubs. Sub-component 2.2 - Support Digital Transformation of Service Delivery to Citizens and Businesses Building on the Government’s commitment to advance the e-Government agenda, this subcomponent supports activities designed to improve access to and quality of selected e-Government services. In addition to improving quality and cost efficiency of service, the GoJ’s commitment to adopt a private sector-based delivery model for government e-services is expected to create business opportunities that provide an impetus for employment growth in the digital sector. The GoJ aims to source the development, maintenance, and in some cases, delivery of government e-services through the private sector, including domestic SMEs. The private sector is expected to play a key role in providing know how and infrastructure to support e-Governance; for example, in the development of Application Program Interfaces (APIs) that can be re-used and modified to advance e-service migration at a faster pace and lower cost. Enabling digital payments (see Sub-component 2.3) will enhance functionality of key services, allowing payments to go both ways, between persons and government (P2G), and government to persons (G2P). This additional functionality increases the sophistication of services (e.g. services can be accessed, paid for and delivered electronically) and can increase effectiveness and transparency of service delivery. The GoJ sees a significant role for the private sector to contribute under this project, including re- engineering and digitizing key services including those provided by the Ministry of Civil Status, the Ministry of Interior, Ministry of Social Insurance, Ministry of Health and the Jordan Investment Commission. Support will be targeted to service re-engineering and automation of business processes of services identified by these key ministries and planned for digitization. The preliminary list of services includes those that were identified through a prioritization exercise based on citizen demand and alignment to GoJ priorities. Under the project, an assessment of the preliminary list of services will be undertaken to ensure the services digitized are of high value to citizens and businesses. They will be assessed and prioritized for digitization based on criteria such as number of annual transactions (demand); services targeting different economic groups (e.g. women, the elderly, unemployed, refugees); administrative burden and efficiency gains (number of visits and documents required); and application of G2P payments for transactions. Once finalized, the project will support digitization of these services and enhance line ministries’ capabilities to deliver services. In addition to the service re-engineering and automation, the project will support access to services through the development of a unified mobile application, increased capacity to deliver e-services through upgrading and extending the functionalities of the interoperability platform, the government cloud, database security, the government’s digital archiving systems, and Public Key Infrastructure (PKI); and improved monitoring and data driven decision making through the development of decision support system for business intelligence. These activities will provide significant opportunity for private sector participation such as development of e-services, provision of service infrastructure, hardware and software, and technical support and maintenance of the integrated system. Additional activities will focus on strengthening the regulatory framework to enable e-services (e-signature, e-transaction, data exchange, authentication of e-documents, and interface with the national digital ID system) and ensure responsible data use and data protection and privacy surrounding online delivery mechanisms; change 7 management, performance monitoring, and communications and outreach to sensitize government actors and the public on ongoing reforms and anticipated results. Given the need for significant inter-institutional communication and coordination to achieve the digital transformation, this sub-component will support activities to strengthen MoDEE’s convening and advocacy capacities to lead e-Government reforms, This sub-component will also finance the recruitment of a Digital Transformation Team comprised of full-time consultants under MoDEE to provide long-term technical expertise to implement the e-Government program, including specialists in business process re- engineering, digital payments, mobile applications, API design, and other skills to provide quality assurance of private sector deliverables. Sub-component 2.3 - Support digitization of payments3 During the First Digital Mashreq Forum in Amman, June 2019, and as presented in the “Amman Communique”, the GOJ committed to increasing the percentage of the population making or receiving digital payments from 33 to 50 percent by 2020 and digitizing 80 percent of government to person payments by 2021. This sub-component supports the government commitment to advance penetration of digital payments in Jordan supporting e-payments for all applicable government services. Jordan has a well-developed payments system infrastructure with 100% GSM coverage, mobile subscriptions above 150% and smartphone penetration of 85%. Moreover, CBJ has created an enabling regulatory and policy environment to overcome challenges faced in the sector. However, there is a need to expand agent networks and strengthen the business case to increase take-up and usage of Digital Financial Services DFS and expanding digitization of government payments can contribute to this. The key activities under this sub-component will support e-payment linkages for selected Government services wherever relevant. For example, the project will support the Ministry of Health (MoH), Ministry of Transport (MT), Ministry of Finance (MoF) and Income and Sales Tax Department (ISTD) in enhancing their internal payment systems and processes as part of their introduction of e-services. Key activities will include technical assistance in: (i) developing an overarching government payments architecture and roadmap; (ii) support establishing a coordinated implementation framework between ministries including with CBJ and JOPACC through a dedicated project management structure responsible for overseeing, aligning, prioritization, implementation of different digitization of Government payments projects, and sequencing their execution based on their dependencies. CBJ and JOPACC act as advisory arms, reviewing the business process (payments) and operations to this proposed structure that will drive the change and in coordination with private sector. This will build on the current digital transformation team at MODEE along with representatives from different relative ministries, and CBJ; (iii) developing a set of rules, policies, and procedures that ascertain completing projects within scope, time and cost (iii) establishing and implementing a comprehensive change management program for Government payments; and (iv) regulatory changes to support e-KYC and KYC registry. This component will also support technical assistance around regulatory and policy aspects of digital G2P payments and financial inclusion through the following activities: (i) necessary regulatory changes to support e-KYC and KYC registry; (ii) implementing IT linkages between ID systems and other Government systems; and (iii) implementing IT enhancements in the ID systems to meet the needs of the financial sector. 3 Government payments constitute an important component of the overall payment system. These payments are central to the functioning of the Government in terms of revenue collection, public sector salary payments, government led investment programs and finally social benefit transfers. Depending on the Government (G) being the payer or payee and the counterpart – which could be natural persons (P) or businesses (B)– the payments can be classified as G2P, P2G, B2G, and G2B. 8 Component 3: Project Management and Implementation Support Component 3 will support project management and implementation and disbursements will be made against eligible expenditures. A PMU will be set up in the MoDEE which will include representatives from MoL and MoE. The PMU (within MoDEE) will have the overall fiduciary responsibility for project implementation and ensure activities are executed in accordance with the Program Operational Manual (POM). It will have the overall responsibility for the monitoring and evaluation of program activities, as well as designing and implementing outreach activities specifically targeting women. The PMU will enter into contract agreements with the identified executing agency for specific activities. This component will finance (a) PMU staff (non-civil servants) salaries; (b) PMU equipment and operating costs related to the daily management of the project (office space, utilities and supplies, bank charges, communications, translation, transportation, maintenance and insurance, building and equipment maintenance costs, and travel and supervision costs); (c) regular internal audits and annual external audits financial and procurement activities according to the World Bank’s legal requirements); (d) consultancy services. 2. Overview of Labor Use on the Project The proposed Jordan Youth, Technology, and Jobs Project will be implemented by the Jordan Ministry of Digital Economy and Entrepreneurship (MoDEE), through a joint Project Management Unit (PMU) with the Ministry of Labor and Ministry of Education located at MoDEE. The PMU staff and its consultants are considered direct workers. Most other project activities will be contracted, or subcontracted through third parties, to professional private sector vendors. While the total number of project workers (direct and contracted workers is not precisely known at this time), it is estimated to be 250, to be confirmed in consultation with MoDEE, MoL and MoE and existing organizations in the field during implementation. The project will also create jobs through a number of supply side interventions such as providing investment grants to tech-enabled companies to expand their business. The grant money goes towards providing wage subsidies (for Jordanians) and requires training and onboarding for workers. For the purpose of this plan, the workers employed as a result of jobs created under the project, are considered “project beneficiary workers”. There is no contractual relationship between the project and these workers. They are not covered within the scope of World Bank Environmental and Social Standard 2 (ESS2) on Labor and Working Conditions. However, in accordance with World Bank Environmental and Social Standard 1 (ESS1), all social risks, including labor risks, should be assessed for the project. The labor risks associated with project beneficiary workers will be assessed and appropriate mitigation measures consistent with national law and good international practice, are provided in this LMP. In relation to t should be noted that the project has an inclusion focus for underserved youth, women, and Syrian refugees that includes several measures to remove barriers for these groups to to access income opportunities that are detailed in the Project Appraisal Document. Number of project workers: The project consists of a variety of interventions that require different employment arrangements. The project components and their estimated labor requirements and characteristics are summarized in Table 1 and described by category below. Direct Workers: The PMU will hire 10-15 people as project managers, advisors and support staff who will be working on contractual bases as part of the project at MoDEE’s Project Management Unit PMU. It is also expected 9 that direct workers would also include independent consultants, who are specialized in certain disciplines (such as social safeguards and community relations). These consultants are hired under individual contracts, on part-time basis, with specific definition of the assigned tasks and responsibilities. Terms and conditions of PMU staff and their consultants are guided by the National Labor Law and Legislations. In addition, to PMU staff; civil servants from MoDEE, MoL, MoE and VTC may be involved in the project implementation on full time or on part time basis. Characteristics of Direct Workers: The direct workers will be Jordanian Nationals, who are professional workers and would be a mix of males and females and none under the age of 18. The estimated number of direct workers in the PMU would range between 10 to 15 workers of various disciplines. The PMU encourages the appointment of women. Timing of labor requirements: The key staff members of the PMU will be appointed upon commencement of the project (within 3 months). Direct Project workers are eligible to work for fixed contract period not to exceed the project lifetime. Contract Workers A number of project components will use contract workers to implement project activities as described in table 1 (LMP TABLE). Many of the contracted workers that are envisaged to provide soft skills such as training, or institutional support envisaged to be provided by the Indian National Skills Corporation. Contracts will also be used for renovation works for the Tech Hubs. Each contractor might need engagement of multiple subcontractors. The subcontractors’ workforce will be also considered as contracted workers. Characteristics of Contract Workers: About fifty percent of the workers will be unskilled laborers, with semiskilled and skilled positions such as managers, IT, civil and electrical engineers, forepersons, and electrical workers. The Majority of the unskilled contracted labor is likely to come from local communities and Syrian refugees’ community, in occupations open for Syrians. Similarly, most workers involved in the renovation work will be semi-skilled labor who will renovate and will install the electrical equipment. Taking into account the nature of the renovation activities of the project the workforce (mostly unskilled and semiskilled construction labor) and with the characteristics of labor force market in Jordan, it is not expected that the number of female renovation workers will be high. It is estimated that women would represent about 5-10 percent of this labor category/workforce, and those would likely be technical (engineering as civil and interior designers and IT engineers) and/or staff working in the operation offices. All workers will be over 18 and would likely range between 18-59 years old. The nationalities of the contracted workers would be a mix of Jordanians and non-Jordanians, including Syrian refugees, and both males and females. The project will set a minimum age of contracted workers of not less than 18 years of age. Timing of labor requirements: Contracted workers are normally engaged under short term period of not more than six months and the labor requirements including the time schedule and deliverables are stipulated in their respective contracts and sub-contracts and are governed by Jordan’s Labor Law and 10 this LMP. It is expected that the Tech Hubs centers renovation phase would last approximately six months each. Migrant workers: It is expected, that the project will require a combination of local workers from targeted areas, which might include Syrian refugees and other migrant nationalities who are already in the country, and are likely to be working on the renovation itself (vocational jobs such as plastering, and carpentry etc. or for cleaning, and office admin support, etc.). 11 TABLE 1 - CLASSIFICATION OF WORKERS FOR THE JORDAN YOUTH, TECHNOLOGY AND JOBS PROJECT Component Activities Direct Project Workers Contracted Workers Project Beneficiaries/ workers4. Component 1: Support the Supply of Digital Skills in Jordan Component 1.1 The project will support the NA Approximate number of NA Digital skills training establishment of the National Skills training service providers: ~14 through private Council for ICT, whose mandate will Approximate number of sector involvement include demand and supply assessments, workers (trainers): ~10 trainers national occupational standards, per training service provider = affiliation of service providers, 140 contracted workers accreditation of training curriculums, provision of online training courses and materials, national awareness activities, and monitoring and evaluation (M&E). Component 1.2 The project will support development of NA Approximate number of NA Enhancing digital an enhanced public-school curriculum for contracted workers: ~5-10 skills competencies computer science, during project consultants. for public school implementation. students 4 For the purpose of this plan, the workers employed as a result of jobs created under the project, are considered “project beneficiary workers”. There is no contractual relationship between the project and these workers, and thus ESS2 does not apply. 12 Component 1.3 Support upgrading and equipping three NA Approximate number of NA Provide working to five technology hubs (Tech Hubs) at contracted spaces in the sites of existing Vocational Training construction/renovation underserved Institutes (VTIs) and recruit/partner with provider: 1 - 3 communities private operator(s) to manage them. through Tech Approximate number of Tech Hubs will act as a “for fee” venue contracted workers: 20 for skilling programs, co-working spaces, ITO/BPO spaces, and networking spaces for trainers, entrepreneurs, freelancers, CSOs, and ITO businesses in nearby communities. Component 2: Support the expansion of digital sector and digital government services in Jordan 2.1 Support the The project will provide investment NA NA Number of expansion and access grants to growth-focused, lower skill- workers/jobs to markets for digital The workers will be employed created: 5000 jobs based ITO/BPO businesses to cover up to firms and digital by the ITO/BPOs. There is no created and 4800 75% of the implementation of the platforms employment relationship economic growth plans (costs that would be between the project and these opportunity directly invested in training/ onboarding workers. through digital of workers a t those sites and some platforms. expenses related to establishing the sites) , following a result-based model against overall jobs created. The project will develop the export and investment readiness of Jordanian entrepreneurs, organize match-making and business networking activities in target markets. 2.1a+b: Support the The project will provide grants to CSOs N/A NA NA growth and adoption and platforms to support productizing 13 of the gig economy the offering of individuals, providing and Expansion and training, conducting market outreach access to markets for and awareness building digital firms The project will cover up to 80% of the expansion or establishment cost for social enterprises or CSO. The project will provide funding in tranches, following an output/performance-based model that validates the number of beneficiaries engaged 2.2 Support Digital This component supports activities Approximate number N/A N/A Transformation of designed to strengthen public sector of additional MoDEE Service Delivery to institutions and improvements in the staff: ~ 15 subject to Citizens and access to quality of e-Government change, based on Businesses services to enhance productivity, actual needs competitiveness, and job creation. assessment during This subcomponent will also finance project additional staff under MoDEE to provide implementation. long-term technical expertise to implement the Digital Jordan program, including specialists in business process re-engineering, digital payments, mobile applications, API design, and other skills. 2.3 Support This sub-component will support the NA Approximate number of N/A Digitization of establishment of a project management contracted services, digital Payments structure responsible for overseeing, technology and aligning and implementing digitization of implementation providers: ~5 Government payments subject to change based on actual needs assessment Component 3: The project will establish a joint Project Approximate number NA NA Project Management Management Unit (PMU). The PMU will of direct workers (i.e. be responsible for the implementation of 14 project activities, including project workers in the PMU): oversight, monitoring and evaluation, ~10-15 regular reporting, consultations with public and private sector stakeholders, communications, and others 15 3. Assessment of Key Potential Labor Risks The project includes a variety of interventions to stimulate the digital economy. Workers in the project will be essentially in three different work environments: 1) Office or Training environments (includes consultants, trainers, direct workers of the PMU) 2) Minor physical works associated with renovation of the Tech Hubs 3) IT environments that might include home- or office-based work such as call centers (project beneficiary workers including freelancers, workers hired by ITO/BPO companies) 3.1 Key Labor Risks of Office Environments Labor risks associated with office-environments are outlined as follows, and are generally considered to be low risk:  Terms and conditions of employment (e.g. hours of work, overtime, benefits remuneration, termination of employment; disciplinary measures and grievance procedures)  Discrimination and not applying Equal Opportunity in the workplace  Occupational Health and Safety related violations in an office setting 3.2 Key Labor Risks Associated with Renovation Works In addition to the risks identified above, renovation works at VTC centers may present moderate Occupational Health and Safety (OHS) risks as follows: 3.2.1 Occupational Health, and Safety, Risks The main risk posed by small scale renovation works are mainly caused by weak of enforcement of health and safety standards are:  Unsafe storage of flammable materials such as paints and solvents.  Eelectrical hazards resulting from risks of injuries from physical works or contact with hazardous materials.  Unsafe use of ladders when working at heights.  Moving heavy objects.  Slips, trips, and falls.  Noise from cutting and welding machines.  Hand arm vibration syndrome (Repetitive Strain Injury)  Using cutting and machine sewing equipment without safety guards or personal protective equipment.  Material and manual handling.  Collapsing trenches.  Absence of an OSH policy and plan resulting in weak/reduced compliance on emergency preparedness. 3.2.2 Emergency Preparedness, Risks  Emergency exits and escape routes not being clearly marked and posted in the workplace  Possible sources of ignition not appropriately safeguarded. 16  The aisles and emergency exit not being accessible, obstructed and locked during working hours, including overtime.  Inadequate and inaccessible fire-fighting equipment at the workplace  Failure of the contractor to train an appropriate number of workers to use the fire-fighting equipment. 3.2.3 Key Labor Risks Associated with IT workers The workers employed as a result of jobs created under the project, are considered “project beneficiary workers”. There is no contractual relationship between the project and these workers and thus they are not covered under ESS2. The project will target job creation in tech-enabled services that are mapped below. These businesses vary in scale, and skill level needed to provide the service. For example, large companies may employ over 1000 workers and provide call center services to clients in the Middle East, Europe and America. Call centers may be located in Amman or have offshoots elsewhere. They also may have some home-based workers. Other companies may be less than 10 employees and provide more specialized services in robotics or biotechnology. The main labor risks associated with this category of workers include:  Terms and conditions of employment (e.g. hours of work, night shifts, rest hours, overtime, benefits remuneration, termination of employment; disciplinary measures and grievance procedures)  Discrimination and equal opportunity in the workplace for women; people with disabilities; and vulnerable groups such as underserved youth and Syrian refugees o ) o Occupational Health and Safety Risks: of work in home based or call center settings or home-based ITO/BPO settings relate directly to enforcement of OHS issues where by for (ITOs & BPOs) they include: 17  Employees physical and mental health problems: such as stress, depression, and anxiety  Physical ailments include: Backache, shoulder pain, digestive problems, overweight, headache due to eye strain and dryness of eyes were some of the commonly reported ailments  Occupational Health and Safety risks in a home based or call center environment (e.g. fatigue, noise, stress, social isolation).  High blood pressure accompanied by sleep disorders, respiratory illness, and digestive problems are reported by studies to be the major health-related problems especially amongst females.  The work daily experience: is repetitive, intensive and stressful, which frequently results in employee feeling "burned-out".  The working hours and night shifts of call centres may cause sleep and biological rhythm disturbances. Physical health also may be adversely affected because of irregular and sedentary working hours and unhealthy lifestyles.  Social health problems resulting from work stress such as alcohol and cigarette smoking addiction due to job pressure. 4. Brief Overview of Labour Legislation: Terms and Conditions Labor terms and conditions for this project are governed by the Jordanian Labor Law No. 8 of 1996 and its amendments thereafter. All references below are respect to this law, unless otherwise noted. The summary of key terms and conditions below is non-exhaustive. The Labor Law applies to all types of workers under the project. Depending on resource arrangements, some direct workers of the PMU, may be considered civil servants (i.e. civil servants governed by the Civil Sevants Bureau Regulations versus consultants) as article 3 of the Labor law states: Article(3): With due observance to the provisions of paragraph (c) of article (12) of this law, the provisions of this law shall apply to all Employees and Employers with the exception of: a) Civil Servants and Municipal Employees. Under Article 12, (a through g) non-Jordanians must obtain a work permit, that has associated fees. The Ministry of Labor determines which sectors are open for non-Jordanians, including Syrian refugees, to obtain work permits. Documentation of Terms and Conditions of Employment Article 15 requires a contract of work to be prepared in Arabic and both the Employer and Employee shall retain copies. Note that as per Article 4 of the labor Law, a work contract or other agreement may establish better rights than those in the labor law. Terms and conditions of employment (e.g. hours of work, overtime, benefits remuneration, termination of employment; disciplinary measures and grievance procedures). Casual work, Labor Law Article 2: is defined as work carried out to handle short-term contingent needs is considered casual work if it can be completed within three months. a. Wages and deductions As per Chapter 7 (Article 45) wages shall be fixed in the contract. The wage shall be paid within a maximum period of seven days from the date of its entitlement. Only those wage deductions permitted by law are 18 allowed (Article 46, 47). Minimum wage is set by a Committee appointed by the Council of Ministers (Article 52). Minimum wage is fixed by tripartite Committee in Jordanian currency either generally or for a particular area or trade. An employer who has paid a worker less than the minimum rate of remuneration shall be punishable by a fine of no less than twenty-five and no more than one hundred Dinars in respect of each offense and shall also be ordered to pay the worker the difference. The penalty shall be doubled every time the offense is repeated. Remuneration is specified in the contract. In the absence of such provision, the worker shall be paid the remuneration that would be assessed for work of the same type, if such type of work exists. Otherwise, remuneration is assessed in accordance with common practice. In the absence of such practice, payable remuneration is assessed by court in accordance with the provisions of this Code, considering the case as a labor dispute over remuneration. Remuneration shall be paid within a period not exceeding seven days from the date on which it becomes payable. An employer may not make any deductions therefrom other than those authorized by this Code. b. Working Hours: The ordinary working hours shall be eight hours per day provided that the total working hours do not exceed forty-eight hours per week over a maximum of six days (Article 56). The legal working time is excluding meal breaks and rest periods. The seventh day is a paid weekly holiday. A worker may be employed, with his consent, in excess of normal working hours, provided that he is paid overtime at a minimum rate of 125% of his regular remuneration. If a worker works on his weekly rest day or on religious or official holidays, he shall be paid overtime at a minimum rate of 150% of his regular remuneration. c. Overtime: The Employee may be required to work more than the ordinary working hours in specific cases (article 57). The Employee receives a wage against every hour overtime a minimum of 125% of his ordinary wage (59a). Normally, workers should give consent to work beyond regular working hours. However, the employer can require workers to work overtime in order to conduct yearly inventory, finalize the budget, close accounts, prepare for a sales period, avoid loss of goods, or to receive, deliver, or transfer specific material. d. Leave and Rest Days Leave and rest days as per Article 19-61. Hours of Work and Leaves are: i. The legal working time is forty-eight during a six-day week (excluding meal breaks and rest periods) with the exception being hotel, restaurant and cinema workers whom are limited to 54 hours per week. The seventh day is a paid weekly holiday. A worker may be employed, with his consent, in excess of normal working hours, provided that he is paid overtime at a minimum rate of 125% of his regular remuneration. If a worker works on his weekly rest day or on religious or official holidays, he shall be paid overtime at a minimum rate of 150% of his regular remuneration. ii. Paid leave: Every worker is entitled to annual leave with full pay for a period of fourteen days for every year of employment. This leave is extended to twenty-one days where the worker has been in the employment of the same employer for five consecutive years. Official and religious holidays 19 and weekly rest days shall not be counted as part of a worker's annual leave unless they fall in its course. There are also clauses for sick and Haj Pilgrim as well as close family member death as well as spouse relocation accompaniment leaves. e. Termination and Disciplinary Action: Article 48 restricts disciplinary actions that can be taken by the Employer. The Employer may terminate employment of employee without notice in certain cases outlined in Article 28 (e.g. if the employee violated organization’s internal rules including in work safety or safety of workers despite being twice warned). Details the severance payments owing are also included. Referring to ESS2, Para 12, the law appears to silent regarding the requirement to provide written notice of termination and details of severance payments in a timely manner. Remedies in case of unjustified dismissal: A worker who intends to challenge the validity of his/her termination must file a submission before the competent court within sixty days of his dismissal. If the court finds the dismissal arbitrary and in violation of the provisions of this Code, the employer may be ordered to reinstate the worker or pay him damages, in addition to compensation in lieu of notice and all other entitlements stipulated by the Labor Code (sections 32 and 33), provided that the total amount awarded shall not be less than the worker's remuneration for three months and not more than his remuneration for six months, and shall be calculated on the basis of the last remuneration he received. In case of worker's death, all his end of service entitlements stipulated by the Labor Code shall revert to worker’s legal heirs, as if worker employment has been terminated by the employer. f. Social Security Benefits and pension contributions: Article (62 -64) of the Social Security Law define the social security benefits and contributions required by the Employer. Social Security law of 2010 and its amendments and articles 4, 24, 29, 42, 45, 48, 59 state that where workers who are subject to the Labour Law are also subject to Social Security regulations, regardless of nationality or type or term of employment contract, so long as the worker is paid at least minimum wage. Overtime payments or the value of meals are not subject to deductions for Social Security. g. Maternity leave, Labor Law articles 67, 70 Social Security Law article 44 Women workers are entitled to 10 weeks fully paid maternity leave, six weeks of which must occur after delivery. An enterprise employing 10 or more workers must allow women to take up to one year of unpaid leave post-delivery, so long as they do not work for another employer during that time. Maternity leave may be paid by social insurance if the worker has been covered by social insurance for at least 9 months preceding the entitlement. h. Breastfeeding breaks, labor law article 71 During the first year after giving birth, women workers may take up to one paid hour off per day to breastfeed their babies i. Employer-provided child care, labour law article 72 20 An enterprise that employs 20 or more women must provide child care during work time for the children under four years of age, if there are 10 or more children in that age group j. Weekly rest days, labour law article 60 Workers are entitled to at least one day of rest per week, which falls on Friday unless the nature of the work requires otherwise. With the employer’s consent, workers may accumulate weekly rest days so long as they are used within the same month. k. Limits on working hours for women, minister of labour decision in respect to activities and times during which it is prohibited to employ women, 2010 Under Jordanian law, women may not work between 10:00 pm and 06:00 am. Exceptions require a decision from the Minister of Labour. The rest period for women must be at least 10 hours between each working day. l. Non-discrimination and Equal Opportunity The labor law is not explicit regarding non-discrimination and equal opportunity. However, the Constitution of the Hashemite Kingdom of Jordan, Article 6 states that all Jordanians are equal before the law, and prohibits discrimination on grounds of race, language or religion. Jordan has ratified the two core ILO conventions addressing discrimination in respect of employment and occupation: 1) the Equal Remuneration Convention No. 100 of 1951 (C100) and 2) the Discrimination (Employment and Occupation) Convention No. 111 of 1958 (C111). The Jordanian Labor Law does protect women from discrimination during pregnancy and while on maternity leave. Employers may not terminate women starting from the sixth month of pregnancy or during maternity leave. The labor law is not explicit regarding measures to prevent or address sexual harassment, intimidation or exploitation in the workplace. It is also vital to ensure wage alignment for Jordanians and Syrian workers in this Project, as well as pay equity for male and females. Refer to Section 9 Terms and Conditions for additional measures to address risks associated with non-discrimination and equal opportunity. m. Hiring of disabled workers A national strategy concerning disabled persons was adopted for the 2007-2015 period, encapsulated in the 2007 Act No. 31 regarding the Rights of Persons with Disabilities. As per this document, any company, public of private, employing between 25 and 50 workers, should employ at least one disabled person; should the number of employees exceed 50, the number of employed disabled persons should amount to at least 4% of workers, the nature of the work permitting. The Civil Service Regulation has been amended in 1993. This new Regulation amends section 168 of Regulations No. 1 of 1988, concerning referral to the Council of Ministers in settling cases involving breach where by Article (13) of the labor law states: The Employer who employs fifty Employee or more and the nature of his work permits the employment of handicapped employees who were vocationally rehabilitated through programs, arrangements and handicapped vocational rehabilitation institutes approved by the Ministry or established by it in collaboration with the official or private institutions, should employ from amongst such Employees a minimum of 2% (two percent) of the total of his 21 Employees and send to the Ministry a statement showing the jobs occupied by handicapped who were vocationally rehabilitated and the wage of each of them. As per the amended Art. 13 of the 2010 Jordanian Labor Code, it is required that any establishment employing 50 workers or more comply with Art. 4, Para. C, of the Rights of Persons with Disabilities Act No. 31, Art. 13, which specifies the percentage of disabled persons to be employed, and to provide the Ministry of Labor with regular reports regarding the type of work performed, and the wages earned, by persons with disabilities. 5. Brief Overview of Labor Legislation: Occupational Health and Safety Public Health: Public health protection is assured under the Public Health Law (No. 54, 2002). According to this Law, issued by a Royal decree in 2002, the Ministry of Health is responsible for all health matters in the Kingdom, and in particular:  Protecting health through providing preventive and curative services as well as monitoring responsibilities  Organizing and supervising health services provided by the public and private sectors  Providing health insurance for citizens within available resources  Establishing educational and training health institutions managed by the MOH Articles under Chapter 9 titled “Safety and Occupational Health” cover the obligations of the employer to provide a safe working environment for his workers, increased risks on the job and for the public, precautions and measures to be followed in the workplace, and protective and therapeutic medical care. Articles under Chapter 10 (titled “Work Injuries and Occupational Diseases”) provide for issues related to work injuries and occupational diseases for those employees who are not covered under the provisions of the Social Security Law of Jordan. Occupational safety and health (OSH) general provisions under the Labor law articles 78, 80, 85 to be administered by MOL’s labor inspectors In order to ensure the occupational safety and health of workers, the employer must:  protect workers from work-related accidents and illnesses  prior to employment, inform workers about work-related hazards and necessary precautions  provide workers with necessary personal protective equipment (PPE), such as goggles, aprons, masks, gloves, and/or footwear  guide workers in the use and maintenance of PPE, and  Protect workers from fire hazards.  Workers are not required to pay any costs for these measures. Health services and first aid regulation no. 42 of 1998 on protective medical care and treatment for workers article 7 and Medical units and staff regulation no. 42 of 1998 on protective medical care and treatment for workers article 7 Employers employing more than 50 workers must appoint doctors and nurses corresponding to the number of workers at the workplace. Every establishment must form a specialized OSH committee proportionate to the number of its workers, according to the following table: 22 Number Specialized Full time OSH of supervisor technician Committee workers 20-50 - 1 51-200 - 1 1 201-500 1 2 1 501- 2 3 1 1000 Any company employing over 1000 workers must also employ two technicians and a specialized supervisor for every 1000 employees over the first 1000 Medical examination 1998 instructions for workers medical examination art 4(c) A medical examination must be conducted once a year for workers employed the textile, garment, and clothing industries. First aid, 1997 decision on medical aid means and devices for workers The employer must provide first aid supplies that are sufficient for the nature of work and the number of workers. Welfare facilities, 1998 instructions for protection of workers and establishments from workplace hazards The employer must provide a break room where workers can rest and eat. Noise, 1998 instructions for protection of workers and establishments from workplace hazards Employers are required to protect workers from exposure to noise. Exposure should not exceed certain defined limits of Noise Intensity in dB which has Allowed Exposure by Hours per Day based on the intensity in db. Workers who are exposed to noise above permitted levels must be provided with ear plugs and hearing protection devices. Lighting 1998 instructions for protecting workers and establishments from workplace hazards Employers must provide appropriate natural or artificial lighting as follows: • Light should be evenly distributed • Windows must be clean and unobstructed • Workplace light levels should be at least 20 candles/square feet, and • Glare should be avoided. Heavy lifting 1998 instructions for protection of workers and establishments from workplace hazards Heavy lifting should be done by machines whenever possible. Pre-set limits are stated differently for men and women as applied by the law. Protection for Pregnant and Breastfeeding Women Minister of Labor Decision in Respect to Activities and Times During Which it is Prohibited to Employ Women, 2010 In Jordan, pregnant and breastfeeding women may not engage in: • Work that requires exposure to fumes or smoke from any petroleum derivatives, or • Work that requires exposure to ethylene in tinting, or Sulphur dioxide in artificial silk. 23 Personal Protective Equipment (PPE) Instructions for Protecting Workers and Enterprises from Workplace Hazards  Workers must be provided with goggles to protect them from visible light rays, sparks, and ultra violet rays.  Workers exposed to noise above allowable levels must be provided with ear plugs and protective hearing devices.  Workers exposed to gases, dust, or fumes above approved limits must be provided with cotton or filtration masks that cover the mouth and nose. Workers whose hands are exposed to risks must be provided with: • Gloves lined with leather/cotton for protection from mechanical injuries • Leather gloves lined with an intermediate layer of metal for protection from sharp surfaces, knives, or other cutting tools, and/or • Plastic gloves for protection hazardous substances Electrical Safety Regulation No 43 Of 1998 On Protection and Safety from Equipment, Industrial Machines and Job Sites  Electric devices, machines, cables, wires, connections, or switches must comply with required specifications and be properly installed and maintained by competent technicians.  Electrical machines, equipment, devices, cables and wires must be grounded and have insulated circuit breakers that are easily accessible in emergencies.  Insulated flooring must be placed in front of and behind electrical distribution panels.  Cables, wires, and electric connections must be tested regularly to prevent short-circuiting and avoid sudden hazards such as fire or electric shock  The employer must protect workers from hazardous machinery and jobsites.  Barriers must be placed around hazardous machines and equipment, including cutting machines, weaving machines, moving belts, gears, and chains. Chemicals and Hazardous Substances Regulation No 43 Of 1998 On Protection and Safety from Equipment, Industrial Machines and Job Sites The employer must take precautions and measures for the safety and protection from chemical hazards as follows: • limit hazardous chemical materials such as gases, dust, liquids, or acids to the permitted levels and protect workers from exposure to these materials • ensure that workplaces have good ventilation through the use of exhaust fans or an industrial ventilation system, in accordance with the health conditions determined by the Directorate of Safety, Vocational Health, and Environment of the Ministry of Labor • provide personal protection equipment needed for work in the chemical industries including filtration masks, proper shoes, helmets, gloves, work uniforms, leather jackets, and goggles • provide appropriate warehouses to store finished and raw chemical materials separately through a safe process • designate locations separate from the workplaces for industrial processes and machinery that produce harmful fumes, dust, or gases; these locations must be equipped with the necessary protection to guarantee that such materials do not spread into the work environment, and • label every chemical material with its common name, chemical composition, trade name, method of handling, storage process, hazards, hazard prevention, and any other necessary information. 24 Civil Defence Directorate: The Civil Defence Directorate deals mainly with emergencies, disasters and fire defence, and fighting measures. They conduct inspections of buildings, commercial, industrial and tourist facilities to ensure the adequacy and effectiveness of the fire-fighting supplies. For non-hazardous work enterprises this only either takes place once a year at the time of the renewal of the trade license of the enterprise or through spot checks. Ministry of Labor: The Ministry of Labor inspectors are governed by the Regulation No. 56 of 1996, “The Regulation of Labour Inspectors”. All factories, plants, shops, establishments, enterprises, construction sites, workplaces, and other entities, including private dwellings, where work is performed by an employee of an employer, need to be registered with Ministry of Labor and all such registered enterprises entered in this register shall be liable for routine, follow-up and special inspection, as appropriate, by labour inspectors appointed under the Labour Law 1996. Article 15 states that labour inspection exists to protect the working conditions and working environment of workers, prevent the exploitation of workers and where possible improve the terms and conditions under which they work. Article 16 sets out the function of the labor inspector to: advise and inform employees and employers about their rights and obligations under the Labour Law 1996 and its regulations; to investigate and, when necessary, take action in accordance with the law; and to take all reasonable steps to ensure that the provisions of the Labour Law 1996 and its regulations are complied with. 6. Responsible Staff To ensure successful management of project workers there is a need to clearly define roles and responsibilities of key individuals and/or their functions. The following roles and responsibilities have been established for the project.  Engagement and management of project workers: The PMU at MoDEE will be responsible for the following: o Implement this Labor Management Procedure to its direct workers. o Ensure that contractor(s) responsible for the renovation of Tech-Hubs adhere to this labor management procedure, and in compliance with this labor management procedure, and occupational health and safety plan before the design stage. o Monitor that the Contractor companies and training providers and beneficiary are meeting obligations towards contracted and sub-contracted workers as included in the General Conditions of Contract the World Bank Standard Bidding Documents, or National Bidding Documents, and in line with ESS2 and national labor law. o Monitor implementation of companies and training providers of this labor management procedures. o Monitor that occupational health and safety standards are met at work places in line with the national occupational health and safety legislation. o Monitor training of the project workers. o Ensure that the grievance mechanism for project workers is established and monitor its Implementation.  Engagement and management of contractors/subcontractors: Contractors and training providers will supervise their subcontractors’ implementation labor managements procedures and occupational health and safety plans o Maintain records of recruitment and employment process of contracted workers 25 o Communicate clearly job description and employment conditions to contracted workers o Develop, and implement workers’ grievance mechanism and address the grievance received from the contracted and sub-contracted workers o Have a system for regular review and reporting on labor, and occupational safety and health performance o Deliver regular induction (including social induction) and HSE training to employees. o Ensure that all contractor and sub-contractor workers understand and sign the Code of Conduct prior to the commencement of works  Occupational Health and Safety (OHS): o In accordance with their role under the Labor Inspection Regulation, MoL representatives at the central and governorate levels ensure that contractors and sub-contractors abide with the labor and OHS regulations while assuring a safe-working occupational and environments, and that contracted and migrant workers use safety gears during execution of renovation works when needed. This representative, in agreement with the MoL, will ensure periodical labour and working conditions and facilitate in conducting training for staff that will carry out LMP. o The PMU will oversee labor and OHS performance on a daily basis, and on the behalf of MoDEE.  Training of workers: o CSOs and Training Providers such as: INTAJ, Jordan Entrepreneurship Association (JEA), , CPF and Startup Jo, and Princess Sumaya University of Technology (PSUT), Al-quds College- LUMINUS, HTU, Queen Rania Academy will be responsible for training of workers and assuring the provision of compliance with LMP and required safeguards. o The PMU’s M&E specialist will oversee and report on performance of training providers and contractors on a monthly basis, and trains senior team leaders on safety measures to avoid workplace accidents, filling of forms required, and prepares quarterly monitoring reports. o Governorate level technical team of MoDEE, MOL, Mo Education and Higher Education and VTC: The Technical Team will support Local Service Training Providers (LSP). This will entail ensuring compliant contractors and sub-contractors.  Addressing worker grievances o The Communication and Outreach Officer at the PMU; will also be responsible for training and will monitor addressing worker grievances, and ensure provision of expert advice on labour management. 26 7. Policies and Procedures The Project will operate in compliance with the Jordanian Labor Law and this LMP. Internal policies of MoDEE: Please refer to SOCO when PMU is established, for an edited version of internal policies at MoDEE. This LMP has not identified significant labor risks for project workers. However, the following risks and applicable policies and procedures to address these risks are summarized below: RISK Applicable Policies and Procedures Occupational Health and Safety at renovation LMP sites ESMPs prepared for renovation works World Bank General Environmental Health and Safety Guideline applies to this project. Child labor at renovation sites LMP, Section 8 ESMP prepared for renovation works Discriminatory practices through recruitment for LMP, Section 9 sets Contractual Clauses in training and job opportunities: procurement documents harassment in the workplace LMP, Section 9 sets contractual requirements LMP, Section 10 sets out the grievance mechanism Equal opportunity /Equal Pay LMP, Section 9 sets Contractual Clauses in procurement documents 8. Age of Employment The Jordan: Youth, Technology and Jobs Project will follow and abide by the Jordanian Labor law concerning the minimum age of work. The minimum age in Jordan is 16 years, providing that the work is not hazardous and other requirements are met under article 75 (e.g. not employed more than 6 hours per day). The PMU will not employ direct workers on the project below 18 years of age. A copy of the prospective employee ID or passport is required during the recruitment process and prior signing the contract for all project workers including contract workers. In the circumstances where these documents are not available the Affidavit of Birth will be used. Should a contractor or service provider employ anyone between the age of 16 and 18, a risk assessment is required to be provided and approved by the PMU. 9. Terms and Conditions  Direct Workers under the Project Management Unit (PMU) are governed by the National Labour Law and its legislations pertaining to fixed term contracts, as well as carrying out their responsibilities under this LMP. 27  Contracted Workers (including Training Service Providers and renovation workers) will be subject to the terms and conditions set out in the procurement documents governed by the contractual regulations of the Ministry of Public Works and Housing, which in most cases are the Jordanian national procurement documents. Subject to further review of national procurement to ensure no duplication or contradictory clauses, its recommended that procurement documents include the following clauses: o Training Service Providers shall have clear selection/prioritization criteria for youth for social inclusion purposes (e.g. geographic area; gender; disabilities, etc.) as set out in the Project Operations Manual o Compliance with National Labor Law o All workers shall have written contracts specifying terms and conditions of employment. For workers who may have difficulties with understanding the documentation, an oral explanation of conditions and terms of employment will be provided to workers and terms and conditions of employment will be available at work sites. o Minimum age of work is 18 years. o Non-discrimination clause shall be included in procurement documents: There will be no discrimination with respect to any aspects of the employment relationship, such as recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment and ensure fair treatment of all employees:  Applications for employment will be considered fairly.  Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post.  Unskilled labor will be preferentially recruited from the affected communities Request for Proposal for Training providers shall specify a Code of conduct for Youth Protection o The contracted workers will not pay any hiring fees. If any hiring fees are to be incurred, these will be paid by the Employer (‘Contractor’).  Project beneficiary workers: All companies that receive grants under the project shall be required, through conditions in the grant agreement, to: o Comply with the Jordanian labor law o All workers shall have written contracts specifying terms and conditions of employment o Implement the Ministry of Labor’s Code of Conduct For the employer and employee at workplace environment (January 2019) according to the timetable set out. o Have worker grievance mechanism in place appropriate to the nature and scale of their business o On-boarding of workers shall include review of their rights under Jordanian Labor Law, training on Code of Conduct and grievance mechanism The MOL representative at the PMU will be required to ensure proper reporting from beneficiary companies receiving grants under component 2.1 a where issues related to the enforcement of the application of the labor law provisions including posting of the company policy, equal pay, compliance of OHS and reporting on that through the quarterly reports on monitoring and evaluation. 28 10. Grievance Mechanism The Grievance and Redress Mechanism (GRM) established at MoDEE will work through the appropriate institutional structures for Project management at national, PMU and Governorate levels. This is well supported by the already functional the Performance Monitoring and Development Directorate; which handles complaints and grievances that has demonstrated its capacity to generate timely information on inputs, outputs and results and the Computerized Management Information System (MIS), Investment and Initiatives Division at MoDEE. The program will enhance a Grievance Redress Mechanism System as a formal process for receiving, evaluating and redressing program-related grievances from affected communities and the public. Grievances may be reported in form of claim, complaint or issue related to participation in works, benefit- sharing, etc. Community members, members of vulnerable groups, project implementers, civil societies, and the media will be sensitization on how to lodge a grievance during the community sessions for YTJ participants and through posters placed at Tech-Hubs nd MoDEEs knowledge centers which will provide the same message. The nature of grievance reported might necessitate involvement of different levels in decision making to be resolved. The government platform of at Your Service (be-Khedmetkum ‫ )ﺑخدمتكم‬which is part of the e- government is followed up and monitored by the prime ministry. The Diwan Al Mazalem (court) will be the ultimate decision maker. Since the implementation of the Program activities, involves interaction with the community hence it will be important to promote broader citizenship engagement to enhance transparency and accountability. The system of complaints management on government entities was established in April 2010 by order from the prime minister due to the need to form a centralized entity tasked directly and indirectly with the follow up of citizen complaints with all government agencies and to gauge the seriousness, interest and adherence of these agencies with complaints resolution according to the available means. This system connects 89 government agencies with more than 100 relations officers whose role to follow up on complaints and their redress as well as to monitor incoming suggestion. This unit is established at the Ministry of Public Service Development Labor disputes are usually resolved through mediation or arbitration, and during this time strikes are prohibited. If a settlement cannot be reached through mediation, the Ministry of Labor may refer the dispute to an industrial tribunal by the agreement of both parties. If only one party agrees, the Ministry of Labor refers the dispute to the cabinet and then to Parliament. Labor law prohibits employers from dismissing a worker during a labor dispute. 11. Contractor Management The work will be undertaken by the PMU within MoDEE Knowledge Station staff linked to the PMU with field technical supervision of Local Service Providers/contractors (LSP) through their knowledge centers in the selected locations. The PMU technical experts will provide overall supervision to ensure sector norms and standards are followed. The LSPs will enter into contracts with MoDEE for subproject implementation. 29 The World Bank Procurement Regulation applies to the Project. Procurement processes have not yet been determined and will depend on the nature of the contracts and the value of the contract. Most contracts will use National Procurement Documents. MoDEE will be responsible for oversight of compliance of their contracted workers (consultants) and training service providers. Only registered Contractors/subcontractors will be authorized to work in the Tech-Hubs renovation works sites, hence subcontracting of work to non-registered participants will not be authorized. Orientation on the fundamental principles of public works, participation, rules for attendance, cooperation, payment schedule and safety precautions will be given to all participants before starting the work. A first aid kit will be available to each work site. 12. Primary Suppliers Not applicable. There are no primary suppliers for this project. 30