Environmental and Social Management Framework (esmf)

ESS 2 – Labor and Working Conditions

282. 
     The standard is relevant because the project will require the involvement of project staff and hiring consultants by the PIU for analytical or capacity building works. However, during the Project preparation stage employment status of staff involved in the project preparation/implementation will be determined whether they are civil servants or direct workers hired by PIU. Those who are involved in project implementation (including consultants) and who are not civil servants⁴⁴ will be covered under LMP. Also, OHS standards based on General and industry-specific EHSGs and GIIP, will be introduced through training programs and advisory services to be supported by the project.
     
283. 
     Professional business/capacity building companies might be contracted in order to carry out surveys, trainings and other assessments within the project. The nature of labor force will be skilled workers/experts.
     
284. 
     The project is not expected to employ community workers. However, some small civil works may be implemented by beneficiaries of in-kind grants, thus, proposed activities should be screened and monitored.
     
285. 
     The ESS recognizes the following categories of workers: direct workers, contracted workers, community workers and primary supply workers. Direct workers could be either government civil servants or those deployed as ‘technical consultants’ by the project. The former will be governed by a set of civil services code, the latter by mutually agreed contracts. Community workers figure in the case of community based civil works. And contract workers are those employed by contractors, sub-contractors, and other intermediaries, details of which will be known as and when activities' implementation begins.
     
286. 
     While government servants will be governed by the national code of practices, consultants will function as per a mutually agreed contract. The project proposes some medium-scale operations which may be community-based while others might involve higher technologies (for example cold storage) and be in the hands of private operators. All the works will be contracted out. And, the expectation is that the majority of labor will be locally hired with the exception of a few skilled workers.
     
287. 
     Direct workers. The MLSPP PIU will follow the national labour legislation and practices when hiring project staff. The legal provisions of the Labour Code of Azerbaijan Republic apply to all working with labor contracts. Except for the PIU Director, the rest of the staff are not civil servants, and they are hired on contract basis for the implementation of a wide range of development projects. The PIU apply two types of employment contracts: one-year employment agreements and short-term service contracts. Majority of staff are permanent staff with one-year employment agreements with fixed monthly wage rates.
     
288. 
     SES under MLSPP prepared the LMP which set out details for preparing the labor management plans and the principles of employment. The LMP also identifies main requirements for contracted workers to be employed in accordance with national Labour Code and the LMP. It underlines the risks associated with the project and determines the resources necessary to address project labor issues. Once agreed by the Bank, the LMP will be a standalone document annexed to the ESMF.
     
289. 
     The SES and MLSPP PIU will ensure that all contracts with workers, primary supply workers are consistent with the requirements of ESS2. The MLSPP PIU will incorporate ESS2 requirements into tendering processes and establish policies for monitoring the performance of contractors in relation to ESS2. Contracts will be checked by MLSPP PIU to ensure compliance with ESS2 requirements and to report to the World Bank on the status of ESS 2 implementation.
     
290. 
     A Project-specific GRM will be available for all workers hired within the project. LMP specifies details of Grievance Mechanism. The MLSPP PIU will be ensure that the grievance mechanism is easily accessible to all project workers.