“Legal Consultant on the institutional frameworks for migrant workers in the Kingdom of Saudi Arabia” At International Organization for Migration

I. Position Information

Position title: Consultant

Duty Station: Bahrain (Home-based)

Duration: 5 months

Reporting directly to: Project Officer (Labour Mobility & Social Inclusion), IOM-Bahrain

Overall supervision by: Head of Labour Mobility & Social Inclusion, IOM-Bahrain

Requirements for application: Submission of CV and Cover Letter

See application section below for further information

II. Organisational Context and Scope

The Kingdom of Saudi Arabia (KSA) is the largest host for migrant workers in the region and the third-largest host globally. The total number of employed non-Saudis amounts to more than 10 million people, representing more than 70% of the country’s total employed population. Migrants are mainly employed in the private sector providing engineering, scientific and technical support or engaged in the services industry. Large numbers of migrant workers also perform household and domestic occupations, such as drivers, cleaners and nannies. Migrants have significantly bolstered both the KSA’s economic growth and contributed to their countries of origin through remittances.

Responding to wide-ranging efforts of the Government of KSA, the intervention seeks to strengthen the protection of migrant workers in the Kingdom in line with national and international labour standards.

The Consultant will support reviewing the legislative framework (laws, regulations, bylaws, and labour reform initiatives) relevant to migrant workers in the Kingdom, with regards to their recruitment, hiring, employment, working and living conditions, remedy and grievance mechanisms, return and portability of social benefits, amongst others. The review will also analyze how the framework is different for migrant workers in the domestic sector, as well as other sectors, in which workers are prone to being vulnerable.

S/hewill report directly to the Project Officer (Labour Mobility & Social Inclusion, LMI) in IOM-Bahrain, under the overall supervision of the Head of Unit.

III. CONSULTANCY OBJECTIVE

The objective of this consultancy is to review and analyze the legislative framework of migrant workers in the Kingdom of Saudi Arabia. The review should highlight the legal and institutional differences in coverage for migrant workers in the private sector compared to migrant workers in the domestic sector. It will also highlight the frameworks available for specific sectors, in which migrant workers could be prone to vulnerability, including but not limited to the maritime and agricultural sectors. The review will further assess how the framework contributes to the protection of migrant workers and propose recommendations on how to extend such protection.

IV. SCOPE OF WORK

The Legal Consultantwill complete the following:

1. Review the Saudi legislative framework (laws, regulations, bylaws and labour reform initiatives) with specific attention to (i) migrant workers employed in the private sector, and (ii) migrant workers employed in the domestic sector, as well as (iii) identify the sectors in which migrant workers are at high risk of being vulnerable, such as the maritime and agriculture sector. The review will cover the following areas:
   1. Recruitment and hiring
   2. Employment, change of employer, and absconding
   3. Living and working conditions (accommodation, transportation, working hours, payment of wages, allowances and benefits, etc.)
   4. Medical insurance and social protection
   5. Grievances and remedy mechanisms
   6. Trafficking in persons and the national referral mechanism
   7. Specific bylaws on the protection of wages
   8. Exit visas
   9. Measures related to social protection and portability of benefits
   10. Other areas identified by the Consultant
2. Analyse how the framework contributes to the protection of migrant workers in the private sector, with recommendations on how to extend such protection;
3. Conduct a gap analysis on the differences in the framework between migrant workers in the private sector and those in the domestic sector;
4. Analyse the existing legislation and related gaps for migrant workers employed in sectors with high risk of being vulnerable, such as the maritime and agricultural sectors;
5. Propose recommendations on how to strengthen the institutional frameworks for domestic workers, as well as workers in the other sectors identified;
6. Ensure gender responsiveness across the review, analysis and recommendations.

IOM will provide the Consultant with any available resource that could support the assignment.

V. DELIVERABLES AND SCHEDULE

The schedule of delivery is expected to be as follows, including IOM’s review and approval of the deliverables:

Key Output : Indicative timeframe for delivery

Review of legislative framework for (i) migrant workers in the private sector, (ii) migrant workers in the domestic sector, and (iii) migrant workers in specific sectors identified – 21 days

Comparative analysis on how the framework contributes to migrant workers protection in the relevant sectors, including the gaps in legislations – 14 days

Recommendations on how to extend protection to migrant workers in the private sector, domestic sector and other specific sectors identified, including recommendations for programmatic interventions – 10 days

VI. COMPETENCIES

The incumbent is expected to demonstrate the following values and competencies:

Values

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible
• Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct
• Professionalism: demonstrates ability to work in a composed, competent, and committed manner and exercises careful judgment in meeting day-to-day challenges.

Behavioural Indicators

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimise results
• Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes
• Managing and sharing knowledge: continuously seeks to learn, share knowledge, and innovate
• Accountability: takes ownership for achieving the Organisation’s priorities and assumes responsibility for own action and delegated work
• Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring, and motivational way.

VII. REQUIRED EDUCATION AND EXPERIENCE

• Advanced degree in law, migration studies, or political economy;
• A minimum of 5 years of technical experience in the fields of law, preferably with a focus on labour migration;
• Demonstrated research and technical experience on topics related to labour migration and inspection including carrying out secondary data collection;
• Strong knowledge of international labour standards including terms and conditions of employment, private recruitment agencies, conditions of work and accommodation, equality and social security is required;
• Strong knowledge of the Gulf states’ labour migration management systems is strongly desirable.

VIII. LANGUAGES

• Professional fluency in spoken and written English and Arabic is required.

IX. CONFIDENTIALITY AGREEMENT

Contracted consultants are not permitted to use any of his/her gathered data, reported findings, contributions to the draft and final reports to further his/her personal research.