Legal Consultant for Conducting a Legal comparative analysis.

TOR – Legal analysis Study
 [Terms Of Reference]
 Title:
Legal Consultant for Conducting a Legal comparative analysis.
 Overall Objective of the assignment:
The objective of this assignment is to conduct a comprehensive legal comparative analysis of Jordanian legislation concerning key International Labour Standards, particularly the Occupational Safety and Health Convention 1981 (No. 155)1, The – Safety and Health in Agriculture Convention, 2001 (No. 184)2, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)3.
The objective of this analysis is twofold:
1.
To identify existing incoherence “gaps” between the national legislation and the provisions of these Conventions, i.e., legal loopholes, contradictions between the provisions of the Conventions and the national legislation, non-existence of a legal provision requiring the adoption of new legislation by the competent national authority.
2.
To assess the extent to which Jordanian occupational safety and health laws provide protection to men and women by ensuring safe and healthy working conditions and thus contributing to the overall promotion of gender equality and non-discrimination.
3.
To evaluate the adequacy of Jordanian legislation in safeguarding the safety and health of agricultural workers, with a focus on preventing occupational accidents and diseases, and ensuring a safe and healthy working environment in line with the relevant ILS.
This analysis is essential and will be used for further efforts to promote the ratification of these conventions.
 Interested consultants are invited to apply by sending the following documents:
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Technical proposal outlining the approach for implementing the legal comparative analysis, including methodologies, tools, and timelines in English.
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Financial proposal indicating the fees per day/deliverable (USD) in English.
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Copy of any relevant certificates.
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The most recent Curriculum Vitae.
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Cover Letter summarizing the interest in the assignment, relevant experience, and suitability.
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Sample of relevant previous legal comparative analysis work.
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Contact information for at least three references who can indicate the consultant’s qualifications and performance in similar assignments.
1 Convention C155 – Occupational Safety and Health Convention, 1981 (No. 155)
2 Convention C184 – Safety and Health in Agriculture Convention, 2001 (No. 184)
3 Convention C187 – Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
 TOR – Legal analysis Study

Evaluation and Selection Criteria
Consultants will be assessed against the following criteria:
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Technical proposal submitted including the level of proficiency in implementation.
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Qualification and demonstrated experience and expertise in previous similar assignments conducted in both languages (Arabic and English).
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Financial Proposal (Rate per day).
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References feedback.
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Submission Process
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The deadline for application is 2 December 2024. All documents should be submitted in Arabic and English by email to [email protected] CC: [email protected] with the subject title: “Legal Consultant for Conducting a Legal Comparative Analysis”.
 TOR – Legal analysis Study
 Background
The ILO has been a key partner in Jordan’s efforts to align improve labour standards and working conditions to the requirements established under the ILS, and in particular the Conventions that Jordan has ratified. While progress has been made in recent years, the national legislation needs to be further brought in line with the ILS and there are still significant gaps in the implementation of international labour standards, particularly in the areas of occupational safety and health, protection of workers with family responsibilities, and the specific needs of agricultural workers.
The Conventions 155, 184, and 187 that are not yet ratified by Jordan offer a comprehensive framework for addressing critical subject matters such as occupational safety and health, the protection of agricultural workers, and the development of a national OSH policy which is grounded on the provisions of the Occupational Safety and Health Convention, 1981 (No. 155).
The ratification and implementation of Conventions 155, 184 and 187 is a qualitative step towards closing these gaps:
Convention 155 provides a foundational framework for ensuring safe and healthy working conditions globally. This convention emphasizes the importance of a preventive approach to occupational safety and health (OSH), worker participation, and the provision of adequate OSH services. By promoting a culture of prevention, Convention 155 aims to reduce work-related accidents, injuries, and illnesses. Shortcomings in law and practice translate into inadequate working conditions, increased occupational hazards, and negative impacts on workers’ health and well-being.
Moreover, ratifying and implementing Convention 155 would demonstrate Jordan’s commitment to international labour standards and contribute to improving working conditions for all workers. At the same time, the ratification of C 155 shows the enhanced commitment of Jordan for the fundamental principles and rights at work enshrined in the ILO’s fundamental Conventions recognized as human rights related to work of which C 155 is part.
The agricultural sector, a vital industry Jordan, represents distinctive challenges in the area of OSH.
The Safety and Health in Agriculture Convention, 2001, (No.184) provides for a comprehensive framework, adapted to the specificities of this sector, for protecting agricultural workers from occupational hazards by addressing specific risks typically inherent in agriculture, i.e. the exposure to pesticides, mechanical hazards, and heat stress.
The ratification of Convention 184 by Jordan will support the improvement of the working conditions for agricultural workers, as C184 includes a set of basic provisions guiding national authorities on how to improve occupational health and safety in this sector.
The Promotional Framework for Occupational Safety and Health Convention, 2006, (No. 187) sets the scene for supporting a strategic approach to OSH, emphasizing the importance of national OSH policies, institutional frameworks and worker participation.
The ratification and implementation of this Convention could strengthen Jordan’s national OSH system through the promotion of a culture of prevention.
 TOR – Legal analysis Study
In order to address the challenges and gaps in Jordan’s OSH legislation ices, the ILO, in partnership with the Ministry of Labour, will contract a legal consultant to undertake a comprehensive legislative review and analysis, aimed at aligning national laws with relevant ILS and foster a safe, inclusive, and equitable work environment, focusing grounded on C155, C184, and C187.
Objectives of the Assignment
As indicated before, the objective of this assignment is to conduct a comprehensive legal comparative analysis of Jordanian legislation concerning key ILS, i.e., particularly the Occupational Safety and Health Convention 1981 (No. 155), The Safety and Health in Agriculture Convention, 2001 (No. 184), and The Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).
This analysis will build on previous work conducted by the ILO and its partners in Jordan and will provide the foundation and orientation for further efforts to support the promotion of the ratification of these conventions.
For the execution of the analysis the consultant shall take into consideration the following International Labour Standards (ILS):
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Convention 81: Labour Inspection Convention, 1947
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Convention 97: Migration for Employment (Revised) Convention, 1949
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Convention 111: Discrimination (Employment and Occupation) Convention, 1958
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Convention 125: Workers’ Representatives Convention, 1963
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Convention 139: Occupational Cancer Convention, 1974
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Convention 154: Collective Bargaining Convention, 1981
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Convention 156: Workers with Family Responsibilities Convention, 1981
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Convention 161: Occupational Health Services Convention, 1985
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Convention 162: Workers’ Compensation (Occupational Accidents and Diseases) Convention, 1969
The tasks of the consultant will include the following:
1. Review of Existing Legislation and Policy Frameworks – Legal Comparative Analysis
The consultant will conduct a detailed review of all existing Jordanian laws, regulations, and related policies in the light of the provisions contained in the C 155, C 184 and C 187.
The consultant will do the review separately for each Convention.
Based on the findings of the comparative analysis, the consultant will formulate clear recommendations on the ways the Jordanian legislation could better align with the provisions of Conventions No. 155, No. 184, and 187.
2. Comparative Matrix – Format for the presentation of the results of the comparative analysis
The consultant should submit a matrix comparing each provision of Convention No. 155, No. 184 and Convention No. 187 against national law, policies and practice. Below is a Matrix template with an example:
 TOR – Legal analysis Study

Deliverables:
Contract duration will be from January 15th, 2025, until March 15th, 2025, the consultant will submit the following deliverables: ## Tasks Deliverables Working Days/deadline submission
Deliverable 1
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A detailed work plan outlining the steps to be taken for the legal comparative analysis, including the tools and methodologies that will be used. The work plan should also include a clear timeframe, specifying deadlines for each stage of the assignment.
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Establish a list of legislation.
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Do an article by article (of each Convention) comparison between the existing national legislation and the requirement of the examined provision/article of the Convention
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Ttransmit the findings into the above matrix
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Formulate recommendations
3 days
(No later than 20 January 2025) Convention Provision National Law/Policies/Practice Gaps Identified Justification and Recommendations For C155, Article 15: Medical Examinations Jordanian Labour Law Insufficient regulations on pre-employment and periodic medical examinations Implement comprehensive regulations for pre-employment and periodic medical examinations, especially for hazardous jobs. For C184, Article 10: Site-Specific Risk Assessments Occupational Health and Safety Law Lack of specific guidelines for conducting comprehensive site-specific risk assessments Develop detailed guidelines for conducting site-specific risk assessments, including hazard identification, risk evaluation, and control measures. For C187, Article 2.1.1: Hours of Work National OSH Strategy Lack of clear mechanisms for worker participation in OSH decision-making Establish effective mechanisms for worker participation, such as labor-management committees, to ensure worker involvement in OSH issues.
 TOR – Legal analysis Study
Deliverable 2
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The first draft of the legal comparative analysis report, including a comprehensive review of national laws and practices compared to the provisions of ILO Conventions No. 155, No. 184 and No. 187. The drafts should also include the first version of the matrix. The findings will be presented to the ILO and the MoL for feedback and discussion.
– Three Legal comparative analysis reports (one for C155, C184, and C187) and matrix.
-PPT to ILO constituency for input.
18 days
(No later than 25 February 2025)
Deliverable 3
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The final legal comparative analysis report, incorporating feedback from ILO and MoL, and the finalized matrix comparing national laws and practices with the provisions of C155, C184, and C187.
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The final Three legal comparative analysis reports and matrix.
3 days
(No later than
25 March
2025)
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Payments Schedule
The table below summarizes the planned schedule for payments to be made upon the completion and submission of deliverables detailed in the above section. All deliverables are considered completed upon review and satisfaction of the ILO management: Payment Deliverables Due date Percentage
First Payment
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Upon submission and approval of the work plan. (first deliverable)
20 January 2025
20%
Second Payment
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Upon submission of Three legal comparative analysis reports (one for 183 and one for 156) and matrix.
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PPT to ILO constituency for input. (Second deliverable)
25 February 2025
50%
Final Payment
➢
Upon submission and approval of the final two legal comparative analysis reports and matrix. (Third deliverable)
25 March
2025
30%
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Qualifications
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Advanced degree in Law or related fields.
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Minimum of 5 years of relevant experience in labour and social security legislation, particularly in OSH and gender equality.
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Proven track record of conducting legal comparative analyses and legislative reviews, especially concerning ILS.
 TOR – Legal analysis Study
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Experience working with governmental bodies, civil society organizations, employers, and workers’ organizations.
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Strong understanding of ILS, specifically the OSH conventions.
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Knowledge of gender-responsive policies and practices in the workplace.
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Ability to analyse and synthesize complex legal documents and policies.
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Excellent research, analytical, and problem-solving skills.
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Proficiency in English and Arabic, with excellent writing and speaking skills in both languages.
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Supervision
The selected legal consultant will be working in close collaboration with the POS programme CTA, programme support officer and the technical consultation with the regional senior Specialist for International Labour Standards and Labour Law.