TERMS OF REFERENCE
INDIVIDUAL CONSULTANT
Consulting for training in topics of social dialogue, labor laws, and gender equality aimed at the private sector in specific states, strengthening Mexican Industries in Compliance with Labor Legislation
4304.09.2024-CAP
Mexico
1. BACKGROUND AND JUSTIFICATION:
The Pan American Development Foundation (PADF) believes in creating a hemisphere of opportunity, for all. We work across Latin America and the Caribbean to make our region stronger – healthier, more peaceful, just, inclusive, resilient and sustainable for current and future generations. For 60 years, we have served the most vulnerable communities, investing resources across the hemisphere. We partner with civil society, governments and the private sector and empower them to achieve good for the region.
With 60 years of experience across Latin America and the Caribbean and strong partnerships with local communities, civil society, and the public and private sectors, we have an impeccable track record of success with extensive in-country networks and strong financial controls. We are uniquely positioned to develop and implement adaptable programs across multiple technical areas, rapidly deploy to any Latin American and Caribbean country and activate existing local networks, measure and evaluate our impact with comprehensive performance indicators, and communicate our progress through integrated communication strategies.
As part of the thematic area of Democracy, Governance and Labor Rights, PADF has a diverse portfolio of projects addressing labor rights challenges. We currently have projects dedicated to labor rights in Mexico, Guatemala, Honduras, El Salvador, Colombia and Brazil, among others. We work with the private sector, national and local governments, civil society organizations, unions and individual workers to advance these issues.
In February 2017, Mexico enacted historic constitutional reforms, which aim to transform its labor justice system into a more transparent and impartial system to effectively protect freedom of association and collective bargaining rights. In May 2019, the President of Mexico signed the necessary legislation to fully implement the 2017 constitutional reforms and prepare for the entry into force of the USMCA in July 2020, which would include a Chapter 23 for labor provisions.
Mexico’s labor reform calls for changes in the structure, administration and enforcement of labor rights, with a focus on freedom of association, collective bargaining, and the prevention of discrimination and violence in the workplace, thereby aligning the country’s legislation with international standards.
2. OBJECTIVE:
Within the framework of this reform and based on Article 23 of the USMCA, the project “Strengthening Mexican Industries in Compliance with Labor Legislation” supported by the Government of Canada, seeks to strengthen and support the implementation of the relevant obligations and requirements in terms of compliance with labor practices in accordance with current labor legislation and the provisions of Chapter 23 and the Rapid Response Labor Mechanism (RRLM) of the USMCA, as well as the 2019 Labor Reform in the aerospace, automotive, and electronic component manufacturing industries. Through awareness-raising, training, and technical assistance activities, the project seeks the following results:
- Improve compliance with the principles of social dialogue and collective bargaining for employers.
- Better compliance with labor laws for employers.
- Policies and practices to promote gender equality in the workplace for employers.
3. CONSULTANT RESPONSIBILITIES:
- Design and preparation of awareness-raising presentations on one or more of the project’s intended outcomes, aimed at human resources and labor relations personnel of employers in the target industries.
- Giving presentations in various formats and replications such as conferences, webinars, panels, and workshops.
- Participation in project monitoring and evaluation, preparation of reports after delivery for documentation.
- Represent PADF and the project before government representatives and key stakeholders.
4. PLACE(S) OF ASSIGNMENT:
Focus states: Aguascalientes, Baja California, Mexico City, State of Mexico, Nuevo Leon, Jalisco and Queretaro.
5. CANDIDATE PROFILE:
The ideal candidate must have the following:
- Bachelor’s degree in law, administration, or other with relevant experience.
- At least two years of experience giving presentations or training to the private sector.
- Specialized knowledge of Chapter 23 of the USMCA, labor processes and obligations between employers and workers, gender equality, social dialogue, and collective bargaining. Specialized knowledge of Chapter 23 of the USMCA, labor processes and obligations between employers and workers, gender equality, social dialogue, and collective bargaining.
In addition to the above qualities, the selected candidate must demonstrate his/her ability to learn and follow the procedures and guidelines for PADF consultants, including the preparation of reports and, depending on the contract mechanism, filling out monthly time forms.
6. CONTRACTUAL MECHANISM: COST REIMBURSABLE (All Taxes, Fees and other applicable costs must be included in the price proposal. Cost Reimbursable is the preferred mechanism)
Please include the following information regarding your rate with your request:
- Amount per hour or day. Please provide an explanation for this amount.
- Travel expenses (will be covered by PADF based on actual expenses and will vary based on consultant’s base location and demand for services) Total cost, including expected flat-rate fee, and travel expenses (estimated)
7. PROPOSAL DOCUMENTS TO INCLUDE:
- Please attach your curriculum vitae (CV) to demonstrate that you meet the requirements of the terms of reference.
- Please include descriptions of similar projects or assignments and at least two client references.
- Your preferred daily or hourly rate and justification for it. Please include the information requested in Section 6, Contractual Mechanism.
8. DURATION OF THE CONTRACT:
Estimated contract start date: October 15, 2024. The contract will last approximately six to eight months with the option to extend.
9. PARTICIPATION DATA:
- Applications must be received no later than October 1, 2024. All application materials should be sent to rcgutierrez@padf.org and evega@padf.org following the guidelines indicated in these Terms of Reference.
- Offer validity: 90 days from the submission deadline.
- Amendments: At any time prior to the deadline for submission of proposals, PADF may, for any reason, modify the Terms of Reference document by means of an amendment to be posted on the PADF website and/or communicated by email.
10. TERMS AND CONDITIONS:
Award Outcome
These Terms of Reference (TOR) do not obligate PADF to execute a contract, nor do they commit PADF to pay any costs incurred in preparing or submitting the proposals. In addition, PADF reserves the right to reject any and all offers, if such action is deemed to be in the best interest of PADF. PADF, at its sole discretion, will select the winning proposal and is not obligated to share the results of the individual evaluation.
Confidentiality
All proprietary information provided by the bidder will be treated as confidential and will not be shared with potential or existing applicants during the bidding process. This includes, but is not limited to, price quotations, cost proposals, and technical proposals. The results of the PADF evaluation are confidential.
How to apply
Applications must be received no later than October 1, 2024. All application materials should be sent to rcgutierrez@padf.org and evega@padf.org following the guidelines indicated in these Terms of Reference.
