E2E Call for Experts - Ex-ante impact analysis of the Law on Employment and Unemployment Insurance

E2E Call for Experts - Ex-ante impact analysis of the Law on Employment and Unemployment Insurance

We are looking for Experts to conduct Ex-ante impact analysis of the Law on Employment and Unemployment Insurance

TERMS OF REFERENCES

Key Activities: a) To develop the methodology for conducting the ex-ante impact analysis of the Law on Employment and Unemployment Insurance; b) To conduct the ex-ante impact analysis of the Law on Employment and Unemployment Insurance; c) To participate and provide concrete advices in a consultative process within the Working Group that will be established by MoLEVSA.

1. Background and Context

The Swiss Agency for Development Cooperation (SDC) assigned NIRAS - IP Consult to implement the project “From Education to Employment: Youth Skills Development and Private-Public Partnerships in Serbia” (hereinafter: E2E) – Phase II starting in January 2020 till the end of 2023.

The E2E supports evidence-based approaches in the youth employment policies in Serbia. Until the end of 2021, the Social Inclusion and Poverty Reduction Unit (hereinafter: SIPRU) implemented the program on the national level and advocated changes in the youth policy framework by including good practices. Since Jan 2022, NIRAS-IP Consult implements the program at both the national and local level.

At the national level, the key line ministry in charge of the implementation of the youth employment and employability policies in Serbia relevant for implementation of the E2E is the Ministry of Labor, Employment, Veteran and Social Affairs (hereinafter: MoLEVSA) with the support of the Ministry of Education (hereinafter: MoE). Line ministries have been actively involved in the design and implementation since the E2E Project has started.

On the local level, the E2E aims at enhancing youth employability in twelve districts, through cooperation with local partners/brokers. Through the promotion of active labor market measures (hereinafter: ALMM), the E2E facilitates the entry of young people into working life. It is the envisaged vision of E2E that all young women and men in Serbia have more decent job prospects. As of 2022, the E2E will involve also persons over 30 years of age belonging to hard-to place groups.

The overall goal of the E2E is to increase decent youth employment in Serbia in a socially inclusive and sustainable way. The project has two outcomes:

  1. 1. Relevant national and local key stakeholders apply effective and evidence-based policies on youth employment and employability through increased performance capacities and diversified funding portfolio.
  2. 2. Young jobseekers are better able to position themselves on the labour market through employment promotion measures and non-formal training offers required by the private sector in selected regions of Serbia.

As per Outcome 1 the following key Outputs are envisaged:

  1. 1.1. Legal and policy framework for youth employment and training is more effective and responsive to the needs of the private sector.
  2. 1.2. Improved quality of existing and new public services to promote employment and employability.
  3. 1.3. Established competence of local labor market players to ensure funding and provide better services for young people - building up local networks and alliances.

This specific Terms of Reference is related to achievement of Outcome 1, Output 1.1. as to support the MoLEVSA as an institutional focal point for the E2E, in improving the legislative framework in the field of employment policy. This activity is envisaged in the Memorandum of Understanding between the SDC and MoLEVSA signed on April 13th, 2022 stipulating a detailed list of policy activties that will be supported through E2E/NIRAS-IP.

As part of the key process, the Law on Employment and Unemployment Insurance[1] (hereinafter: the Employment Law) regulates employment-related activities and institutions competent for employment affairs, rights and obligations of the unemployed person and of the employer, active employment policy, unemployment insurance and other matters relevant to employment, raising employment and preventing long-term unemployment in the Republic of Serbia.

Based on the Employment Law, the following relevant bylaws were adopted:

  • Rulebook on the detailed content of data and the manner of keeping records in the field of employment[2];
  • Rulebook on criteria, manner and other issues of importance for the implementation of active employment policy measures[3];
  • Rulebook on spatial and technical conditions for the work of the employment agency, conditions for the professional qualification of employees, program, content and manner of taking the exam to work in employment[4];
  • Rulebook on more detailed criteria and conditions for including the employee in trainings for the needs of the employer in order to acquire additional knowledge and skills[5];
  • Instruction on the conditions for including the unemployed in active employment policy measures[6].

The Employment Law was adopted in 2009 and amended several times after. With the amendment from 2010, the administrative seat of the NES was moved from Belgrade to Kragujevac. Amendments from 2015 have enabled that new measures and programmes are proposed through the National Employment Action Plan, which the Government adopts annually, in accordance with the labour market needs and based on the analysis of the effects of previously implemented measures. A new concept of public works, as one of the active employment policy measures, has also been established, whereby the public works shall allow the inclusion of a greater number of unemployed persons through the work engagement, thus providing them with the opportunity to improve their working skills and gain work experience. In addition, an obligation of continuous professional development and training of the NES staff was envisaged and introduced with an aim to provide better services to employers and unemployed. Also, regarding the obligations and responsibilities of employment agencies, the amendments have in more detail explained responsibility towards the individuals who were referred by agencies, into employment abroad especially in the cases of their early return from the country they were sent to work, as well as for the damage suffered by the employee, caused by a wrong information about the essential elements of living and working conditions in the country to which the person was referred to. Furthermore, the amendments further specified the provisions of unemployment benefits, in order to avoid certain ambiguities and different interpretations. Amendments from 2017 have enabled inclusion of the employed person (not only of unemployed persons) in the programme of further education and training - for the needs of employer for an employee with the aim of maintaining employment. A new concept of the methodology for calculating the unemployment benefits has been introduced. In order to provide better protection for the citizens of the Republic of Serbia when going to work abroad, the provisions regarding the conditions for the establishment of employment agencies have been specified. With the amendments from 2021, The Employment Law is harmonized with the Law on the Planning System of the Republic of Serbia[7] (hereinafter: the Law on the Planning System) which came into force in April 2019 and public policy documents in the field of employment had to be harmonized with that law. These changes were prepared with the support of E2E.

Regardless of the mentioned amendments, the Employment Law is no longer adequate to answer the needs of current challenges, situation and trends in the field of employment policy. For instance, the National Standard Classification of Occupations which is in the preparation process, is not recognized in the employment policy legal framework as well as civil society organizations dealing with employment or who provide modern career guidance and counselling (CGC) services to targeted youth (including hard-to-place youth). It is necessary to consider and regulate in detail the relationship and responsibilities between the National Employment Service (NES) and employment agencies, as the institutions competent for employment affairs with civil society organizations. Further, the Employment Law does not differentiate measures and services of the employment policy, necessary for harmonization with EU employment policy and Eurostat[8] classifications. Employment Registries should also be re-examined, in relation to current challenges, situation and trends on the labour market.

The aforementioned Law on the Planning System regulates the planning system of the Republic of Serbia, as well as the management of the system of public policies and the type and contents of the planning documents. According to the Law on the Planning System, public policy documents are produced in accordance with the results of an ex-ante and ex-post impact analysis. In the previous period SIPRU through E2E has supported the MoLEVSA to align the employment policy documents with the Law on the Planning System as follows: in 2018 the proposal for amendments to the Employment Law has been formulated in order to align the process of adoption of the employment policy documents with the Law on the Planning System (implemented through the amendments of the Employment Law in 2021); in 2019 the ex-post impact analysis of the National Employment Action Plan (hereinafter: NEAP) for 2017 and of the NEAP for 2018, and the ex-ante impact analysis for the NEAP for 2020 were prepared; in 2020 the ex-post impact analysis of the National Employment Strategy for the period 2011-2020 and ex-ante impact analysis of the new Еmployment Strategy for the period 2021-2026 were prepared. Currently, the preparation of the ex-post impact analysis of the Employment Law is ongoing, with the support of the E2E.

2. Objective of the Assignment

The objective of the assignment is to conduct a detailed ex-ante impact analysis of the Law on Employment and Unemployment Insurance, in line with a) the Law on the Planning System and Regulation on the methodology of public policy management, b) impact analysis of public policies and regulations, and c) the content of individual public policy documents[9] (hereinafter: the Regulation). The expert team should participate and advice in a consultative process the Working Group that MoLEVSA will establish.

The tasks of the Expert(s) or Team shall be:

  1. To develop the methodology for conducting the ex-ante impact analysis of the Law on Employment and Unemployment Insurance (in close consultation with MoLEVSA and PIU);
  2. To conduct the ex-ante impact analysis of the Law on Employment and Unemployment Insurance;
  3. To participate and provide advice in a consultative process to the Working Group that will be established by MoLEVSA .

In line with the Regulation, the ex-ante impact analysis should include the following main aspects and should be structured as follows:

  • Analysis of the existing situation:
  • analysis of the achieved results in the implementation of the Employment Law including the results of the ex-post analysis of the Employment Law;
  • identification of planning documents and especially public policy documents, as well as regulations, which have a direct impact on the situation in the area to which the Employment Law applies and analysis of that impact, with the aim of consistent and coordinated action in that area;
  • identification of problems, their scope, importance and causes, and the consequences they cause in practice, as well as determining the key problem that needs to be solved, that is, the identification of the change to be achieved;
  • Analysis of the option of not taking additional measures to change the existing situation (status quo option), by projecting the existing situation in the future in order to assess whether it is possible to achieve change without additional intervention.
  • Developing objectives of the Employment Law taking into account already established priorities in the specific area of planning and implementation of public policies to which the Employment Law contributes, where the objectives are related to the change to be achieved.
  • Developing performance indicators to be used for measuring the achievement of the objectives - quantitative, with possible exceptions.
  • Identification of options for achieving the objectives of the Employment Law.
  • The analysis of the effects of the identified options includes the analysis of financial impact, economic impact, social/impact on society, governance impact and risk analysis. As part of the analysis of the impact on society, it is necessary to perform the Gender Equality Test and take into account its findings during further work on the analysis.
  • Selection of the optimum option or optimum combination of the analysed options to achieve the objectives of the Employment Law - in close cooperation with the MoLEVSA.
  • Identification of the competent authorities and required resources for implementing the optimum option, for monitoring its implementation, evaluating the performance of the Employment Law and reporting on the achieved results.

Listed main aspects within the preparation of the ex-ante impact analysis are described in the Regulation. Providing answers to the questions in appendix 2–10 of the Regulation can also be helpful in making the analysis, although the questions need not be limited to those listed in the appendices.

Further, the ex-ante impact analysis should include:

  • a review of legal solutions that regulate the employment policy in Western Balkan countries (some of) and relevant EU member states, focusing on new trends and challenges, institutional and financial framework, actors recognized as employment service providers etc, in order to suggest suitable solutions for the Employment Law;
  • recommendations for improvement of the Employment Law;
  • final identification of resources, that is, the assessment of financial effects on the budget of Republic of Serbia for the selected option (amendment, addition or drafting of a new Employment Law).

Close collaboration with the expert team working on the ex-post analysis of the Employment Law is required, in order to coordinate findings and recommendations and make an added value inputs for improved legal solution.

The mandate shall be performed in close cooperation and consultation with MoLEVSA and E2E PIU.

3. The Expert’s (or Team) profile

The proposed key staff shall have the following skills, experience and qualifications:

Team Leader

  1. University degree in legal sciences
  2. At least 10 years working experience in relevant field (legal or social sciences)
  3. Strong experience on conducting the analysis/evaluations in the field of legal and/or social sciences
  4. Sound understanding of policy, institutional and legal employment context in Republic of Serbia
  5. Excellent understanding of employment and labor market trends in Serbia, EU and at global level with the experience in conceptualization of national employment policy
  6. Experience in cooperation with national and international stakeholders (civil society, public administration, social partners, etc.)
  7. Excellent knowledge of the Law on the Planning System in Serbia and accompanying bylaws
  8. Excellent knowledge of the Serbian and the English language
  9. Excellent managerial/leadership skills
  10. Excellent analytical, writing and reporting skills
  11. Excellent communication skills

Key Expert 1

  1. University degree in legal, economic or social sciences
  2. At least 5 years of experience in relevant field (legal/economic/social sciences)
  3. Participation in conducting the analysis/evaluation in the field of employment
  4. Sound understanding of policy, institutional and legal employment context in Republic of Serbia
  5. Excellent understanding of employment and labor market trends in Serbia, EU and at global level
  6. Excellent knowledge of the Serbian/Croatian/Bosnian or the English language
  7. Excellent data collecting and processing skills
  8. Excellent analytical, writing and reporting skills

Key Expert 2

  1. University degree in legal, economic or social sciences
  2. At least 5 years of experience in relevant field (legal/economic/social sciences)
  3. Participation in conducting the analysis/evaluation in the field of employment
  4. Sound understanding of policy, institutional and legal employment context in Republic of Serbia
  5. Sound understanding of employment and labor market trends in Serbia, EU and at global level
  6. Excellent knowledge of the Serbian/Croatian/Bosnian or the English language
  7. Excellent data collecting and processing skills
  8. Excellent analytical, writing and reporting skills

The engaged expert team should consist of max. 3 experts. It is possible also to apply as a single service provider or expert. NIRAS-IP and partners will then assess the CVs and experts and form a expert team of max 3 persons.

4. Deliverables

The deliverables of the assignment shall comprise:

For the Task 1:

  • Develop a working plan and draft the methodology for the development of the ex-ante impact analysis of the Law on Employment and Unemployment Insurance, including the list of stakeholders/actors to be consulted;
  • To organize the consultation process with MoLEVSA and E2E and collect and integrate different feedbacks regarding the proposed working plan and draft methodology;
  • Submit the final working plan and methodology.

For the Task 2:

  • First draft the ex-ante impact analysis of the Law on Employment and Unemployment Insurance (the outline of the report should be agreed with MoLEVSA and the E2E before writing the report);
  • To organize the consultation process with MoLEVSA and E2E, and collect and integrate feedback regarding the proposed first draft of the ex-ante impact analysis;
  • Integrate all suggestions and submit the second draft ex-ante impact analysis of the Law on Employment and Unemployment Insurance;
  • To organize the consultation process with MoLEVSA, E2E and the Working Group members, and collect and integrate feedback regarding the proposed second draft ex-ante impact analysis;
  • Submit the final ex-ante impact analysis of the of the Law on Employment and Unemployment Insurance.

For the Task 3:

  • Presentation of the second draft ex-ante impact analysis of the Law on Employment and Unemployment Insurance to the Working Group;
  • Presentation of the final ex-ante impact analysis of the Law on Employment and Unemployment Insurance to the Working Group.

All the deliverables, for all three tasks, should be agreed within the expert`s team and presented in the Serbian language.

5. Timeline, Venue, and Reporting

For the deliverables defined in Article 4 is expected to be realized in the period 1st February – 30st June, 2023. All tasks will be carried out in Belgrade with the possibility of meetings of the Working Group to be held outside Belgrade, whereby the expenses of the experts (travel costs, hotel) will be paid by the E2E.

The expert submits technical reports to the Deputy Head of Project – Milena Janković.

6. Contracting

The service contract which is to be signed by two parties shall cover the period between 1st February and 30st June 2023.

7. Dynamics of Payment

  • First instalment – against timesheets and deliverables after the submitted the second draft the ex-ante impact analysis of the Employment Law;
  • Second instalment – against timesheets and deliverables after completing the Task 3.

8. Application Procedure

Deadline for Application: 13th January

Individual consultants and organizations can apply for this assignment.

Applicants are requested to submit the following:

  • Technical offer - suggested methodology and timeline for implementing the 3 tasks;
  • Information on the experience of the expert or organization in the implementation of similar activities (at least 2 reference projects);
  • CVs of the Team leader and key experts;
  • Financial offer based on man-days per task in CHF covering the anticipation and division of working days per each three tasks and expert teams.

Submission of Applications should be done to the email address: E2E@Niras.com and Milena Janković milena.jankovic@ip-consult.de no later than 13th January.

Only shortlisted candidates will be contacted by 31st January 2023.

[1] Official Gazette of the RS, no 36/09, 88/10, 38/15, 113/17, 113/17 – other law and 49/2021

[2] Official Gazette of the RS, no 15/10, 7/19 and 51/19

[3] Official Gazette of the RS, no 102/15, 5/17 and 9/18

[4] Official Gazette of the RS, no 98/09, 100/12, 65/14, 11/18, 86/19 – other law and 64/21

[5] Official Gazette of the RS, no 13/18, 57/18 and 45/22

[6] Official Gazette of the RS, no 97/2009

[7] Official Gazette of the RS, no 30/18

[8] Eurostat - the statistical office of the European Union

[9] Official Gazette of the RS, no 8/19