Terms of reference (ToR)

Situational analysis of existing Grievance mechanisms in Textile-garment
and Electronics sector in Vietnam

GENERAL INFORMATION

a.         Context

Economic relations and the creation of added value nowadays span the entire world. Integration into global supply chains offers production countries great opportunities for economic development and diversification. However, in these complex supply networks, human rights as well as social and environmental standards are regularly disregarded. Those directly affected are often workers in the supply chain, the local population and not least the environment and climate.

In response to this, sustainability and human rights and environmental due diligence are gaining more and more importance. Fair production and sustainable consumption are the guiding principles and increasingly being embedded in national laws - in Germany, for example, with the Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains passed in 2021. In addition, the European Union is also planning to introduce regulations in this area. Companies are required to analyse the risks in their supply chains, take appropriate preventive measures and review their effectiveness. As a survey by the German government showed, many (German) companies are still at the very beginning and face major challenges in implementation.

b.         Brief information on the project

The Initiative for Global Solidarity Initiative (IGS) addresses buying and supplying companies to collaborate as partners, share responsibility for compliance with human rights and environmental due diligence, and gain greater awareness of these issues. In doing so, they contribute to more sustainable and resilient supply chains. IGS supports companies in partner countries in- and outside Europe by advising them on topics such transparency, data management and complaints mechanism, networking them with one another and other stakeholders, and promoting dialogue throughout the sector. Central to this are, first, partnership and shared responsibility; second, better standards and greater transparency of data in the supply chain; third, local support and advisory structures on sustainability and corporate due diligence; and fourth, the promotion of internal and external grievance mechanisms.

The project is first and foremost active in Bangladesh, Viet Nam and Cambodia and focuses on the textile and electronics sectors. The activities ought to be enlarged to further partner countries and economic sectors.

Project approach

All activities and measures of the IGS focus on supporting buyers and suppliers to put their due diligence obligations into practice and comply with legal requirements. The project aims to achieve tangible improvements for people and the environment in the producing countries.

IGS´s work focuses on four areas of action:

1. Buyers and suppliers collaborate as partners and share responsibility. Together they find solutions and develop models, identify (sector) risks and take preventive measures to counter them. Good risk management can, for instance, be achieved through responsible purchasing practices or fair contracts and labour agreements. IGS provides support and advisory services to buying companies and their suppliers in the producing countries.
2. IGS aims to promote, harmonise, and roll out industry-wide standards for the collection and management of data. Greater data transparency within complex global supply networks increases the traceability of products and how they are manufactured. This process requires data on people and labour law, environmental impacts and the identification of production facilities.
3. IGS is establishing Responsible Business Hubs (RBH) in pilot countries as help desks to bring together producers, local service providers and sustainability initiatives. The initiative aims, via RBHs, to inform, network and provide suppliers with advisory services, especially on international, European, and German requirements, processes and standards on sustainability and the quality and transparency of data.
4. Effective complaints and remedy mechanisms are a major factor in ensuring decent and safe working conditions. This is why IGS is working together with companies, sector initiatives and civil society organisations to establish and strengthen complaints mechanisms both within and outside companies. It is intended that those will explicitly take into account gender-based violence and discrimination and thus will also and especially benefit female workers.

DESCRIPTION OF THE ASSIGNMENT

1.       Objective

The assignment will provide the IGS a situational analysis of existing complaints and grievance mechanisms (GM) for workers focusing on textile-garment and electronics sectors in Vietnam. This includes as well an analysis of relevant stakeholder landscape. Results of this assignment will contribute to the project analysis on GMs in Bangladesh, Vietnam, Cambodia and Serbia, and will be a basis for further development of the project’s interventions on strengthening complaint and grievance mechanisms for workers in the two sectors in Vietnam and other countries of IGS project.

A contractor (or team of contractors, consulting firm) will be commissioned to gather relevant information and data to conduct the expected situational analysis.

2.       Duration

GIZ shall hire the contractor tentatively from 30 April – 31 July 2022.

3.       Tasks to be performed by the contractor(s)

The services provided by the contractor include, but are not limited to:

• Analysis of the (legal) national requirements on complaint and grievance mechanisms and corresponding established bodies/ structures;
• Mapping of existing complaint and grievance mechanisms available for workers in textile-garment and electronics sectors and of the stakeholders offering such mechanisms. Following points should be addressed at the minimum:
  
  • Factory internal mechanisms
  • External mechanisms provided by local organisations/ service providers
  • External mechanisms provided by international organisations and initiatives (such as RBA, FWF, Amfori and others)
• The analysis of different complaint and grievance mechanisms should include the following criteria:
  
  • Design, structure and process of different mechanisms
  • Roles, responsibilities and accountabilities of different actors involved in the mechanisms (employers, workers, and other key stakeholders, including government/ legally required bodies)
  • Assessment of the workers’ acceptance, perception and usage of the complaint and grievance mechanisms
  • Approximate number of employees with access to external and internal grievance mechanism – if possible
  • Quantification of internal and external grievances submitted and resolved (eg. per year) – if possible
  • Quantification of workers gained access to remedy – if possible
• Overview of existing actors/ programmes to strengthen the grievance mechanisms for factories and capacitate workers on grievance (e.g through trainings, advisory services…).
• Overview of existing cooperation between sector and member initiatives with the aim to promote access to remedy.
• Identify gaps and challenges in terms of access, structure, effectiveness, perception of the existing grievance mechanisms based on the mapping and analysis above.
• Formulate recommendations for improvement and further development to address those gaps
• Formulate recommendations for IGS with regards to their role and approaches for collaboration with relevant stakeholders to promote effective mechanisms.

4.       Methodology

• The final methodology will be discussed during the preparatory call with IGS. A combination of desk research and stakeholder interviews (and potentially focus group discussion) will be required to obtain necessary information. Based on the preparatory call, a briefing note describing the implementation process, methodology and timeline of the assignment will be prepared. Close cooperation with GIZ is expected throughout the assignment implementation.
• The contractor(s) will work closely with the IGS team in Vietnam and with an international consultant who conducts a global situational analysis of grievance mechanism. The results under this assignment will feed into the global analysis and complement it. While the IGS team will support the technical execution of the contract, the international consultant may request cooperation with the national consultant to synthesise the findings as this contract feeds into an overarching international situational analysis.

5.       Expected milestones and timeline

Milestone	Expected working day (up to)	Time (tentative)
Kick-off meeting	0.5	1 day upon contract signing
Briefing note outlining structure, timing and methodology of the assignment as agreed in the kick-off meeting	2	1 week after contract signing
List of proposed field work (eg. stakeholder interview, focus group discussion)	1	10 days from contract start
Information gathering (desk research, interviews, focus group discussions)	16	1 month from contract start
Draft report	3	22 June
Debriefing	0.5	27 June
Final report	1	30 June
Liaise and collaborating with international consultant as relevant during the assignment	2
	26

Travel should be requested by the contractor(s) in their proposal as relevance and subject to the planned interviews/ focus group discussions. Related travel costs will be in accordance with GIZ policies and regulations.

6.       Deliverables:

• Outline of structure, timing and methodology for the assignment including a provisional list for stakeholder interviews/ focus group discussion (by 15 May)
• Draft report (by 22 June)
• Presentation (in MS Powerpoint) for debriefing (27 June)
• Final report (by 30 June)

7.       Qualification requirements:

For the consulting firm (if applicable):

• Valid business licences and tax registration;
• At least 7 years of extensive experiences in providing high quality consulting services and research and advisory in industrial relations, social dialogues, labour rights, labour migrants, labour markets and CSR.
• Proven track record in providing quality services and capacity to work together with a broad range of stakeholders including government, private sectors, CSOs, national and international development organizations/ institutions, etc….
• Firm has/ affiliated with a large pool of highly qualified and experience staff;
• High level project management capacity.

For the assigned consultant:

• Background in business management, industrial relations, social sciences, sustainability management and human rights, or in related field;
• At least 15 years of experience in international development cooperation with a strong track record to working with the government, business association, development organizations and relevant stakeholders in Vietnam;
• Proven knowledge and experience conducting research and study on sustainable supply chain management, human rights due diligence, CSR, industrial relations, grievance mechanisms and worker engagement.
• Strong network in the garment & textile and electronics sectors and understanding relevant actors and initiatives
• Strong analytical skills and project management.

8.       Payment schedule

A full payment of contract amount will be made upon completion of the assignment and GIZ satisfaction on the contractor’ deliverables.

9.       Administration, reporting and coordination

The contract for this assignment will be issued by IGS project. Office space, equipment and other logistical arrangements in the course of the assessment are responsibilities of the contractor. The contractor will work directly with and report to IGS project focal point of the assignment.

10.   Other issues

Unless otherwise agreed in the contract, the contractor assigns to the client (GIZ) all transferable rights to the work results, waiving the right to designate the author. Insofar as the transfer of rights is not legally possible, the contractor irrevocably grants the client a worldwide exclusive right of use to all work results valid for the duration of the statutory copyright and other property rights, which also includes commercial exploitation outside of the measure. As the IGS is acting in a sensitive environment the contractor must coordinate with IGS team prior to give any kind of information to third parties.

Interested candidates are invited to send confirmation of availability for the assignment, CV and proposal to [email protected] by 30 April 2022.

For M&E:            Output 4

Organization: GIZ
Location:
Application deadline: 2022-04-30
Send application to: [email protected]