NGHE AN PROVINCIAL PEOPLE’S COMMITTE ï?£ï?¡ï?¢ï?¤ NGHE AN PROVINCE’S VINH CITY PRIORITY INFRASTRUCTURE AND URBAN RESILIENCE DEVELOPMENT PROJECT (VPIUR) LABOR MANAGEMENT PROCEDURES (LMP) June 2023 LABOUR MANAGEMENT PROCEDURES (LMP) TABLE OF CONTENTS I. INTRODUCTION ................................................................................................................................1 II. OVERVIEW ON LABOR USE FOR THE PROJECT ........................................................................1 2.1. Type of Workers .....................................................................................................................5 2.2. Total number of Project Workers .........................................................................................6 2.3. Contracted Workers ...............................................................................................................7 2.4. Workforce Characteristics .....................................................................................................8 2.5. Timing of Labor Requirements .............................................................................................9 III. ASSESSMENT OF KEY POTENTIAL LABOR RISKS................................................................9 3.1. Project Activities .....................................................................................................................9 3.2. Assessment of Potential Labor Risks ..................................................................................10 3.3. General Comments/Assessment on Potential Labor Risks ...................................................14 IV. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS ....................14 V. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY18 5.1. Legal Regulations of Vietnam on Occupational Safety and Health (OSH) .....................18 5.2. The World Bank Environmental and Social Standards (ESS): ESS2 on Labor and Working Conditions .........................................................................................................................20 VI. RESPONSIBLE STAFF .................................................................................................................21 VII. POLICIES AND PROCEDURES ..................................................................................................24 VIII. AGE OF EMPLOYMENT .............................................................................................................30 IX. TERMS AND CONDITIONS OF EMPLOYMENT .....................................................................30 X. GRIEVANCE REDRESS MECHANISM..........................................................................................32 10.1. GRM Relating to The Complaint Handling Linked to Labor Issue ............................32 10.2. Workers’ Grievance Mechanism.....................................................................................34 10.3. Grievances Related to Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) 35 10.4. Publicizing the GRM ........................................................................................................36 XI. CONTRACTOR MANAGEMENT ...............................................................................................37 XII. PRIMARY SUPPLIER...................................................................................................................38 ANNEX ......................................................................................................................................................40 Annex 1: Contractor’s General Guide COVID-19 Considerations in Construction/Civil Works ..............40 Annex 2: Guidelines on Code of Conduct ..................................................................................................48 Annex 3: Workers and Workforce Management ........................................................................................50 Annex 4: Worker Camp Requirement ........................................................................................................52 Annex 5: Training Courses .........................................................................................................................54 P a g e | ii Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) LIST OF TABLES Table 1. Types of Investments ......................................................................................................................2 Table 2. Estimated Number of Workers .......................................................................................................6 Table 3. Vietnam Ratification to ILO Conventions....................................................................................18 Table 4. Summary of the Project Staff/Party Responsible for Various Key Issues ....................................23 Table 5. Overview of Project Policies and Indicative Procedures to Address Key Labor Risks................27 Table 6. GRM Procedures for Complaint Handling Process ......................................................................33 P a g e | iii Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) ABBREVIATIONS CSC Construction Supervision Consultant DARD Provincial Department of Agriculture and Rural Development DOC Provincial Department of Construction DOLISA Department of Labor- Invalids and Social Affairs DONRE Provincial Department of Natural Resources and Environment DPI Provincial Department of Planning and Investment ESF Environemental and Social Framework ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESS Environmental and Social Standards GBV Gender-Based Violence GOV Government of Vietnam GRM Grievance Redress Mechanism LMP Labor Management Procedures MOLISA Ministry of Labor- Invalids and Social Affairs MCDP Medium Cities Development Project M&E Monitoring and Evaluation OHS Occupational Health and Safety PAPs Project Affected Persons PC Peoples’ Committee PMU Project Management Unit PPE Personal Protective Equipment SEA/SH Sexual Exploitation and Abuse/Sexual Harassment SEP Stakeholder Engagement Plan ESRS Environmental and Social Review Summary WB World Bank UXO Unexploded Ordnance P a g e | iv Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) I. INTRODUCTION Project Overviews 1. The Socialist Republic of Vietnam intends to apply for a loan from the World Bank to finance the proposed Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project hereafter referred as “the VPIUR Projectâ€?. The Project Development Objective (PDO) aims to support efficient and integrated infrastructure development and resilient growth of Vinh city and its capacity in dealing with climate change through upgrading urban environmental sanitation services, enhancing regional connectivity, supporting integrated land use planning and infrastructure services, and strengthening capacity in urban resilience management and coastal flood control. 2. The project will be implemented from January 2022 to June 2028 with total fund of US $195 million, of which IDA loan is US $ 130 million and counterpart funding is $65 million, including 04 components: 1) Integrated Drainage, Environmental Sanitation and Connectivity Investments; 2) Expansion of Storage Capacity To Reduce Urban Flooding; 3) River Improvements and Public Space Upgrades; and 4) System and Capacity Development For Adaptive Urban Improvement. Labor and Working Conditions (ESS2) and Labor Management Procedures (LMP) 3. The project will address the environmental and social aspects through the World Bank’s Environmental and Social Stands (ESS) approach/framework. The standard of Labor and Working Conditions (ESS2) is one of the World Bank Environmental and Social Standards, ESS2 expects the Borrowers to develop Labor Management Procedures (LMP). 4. The purpose of the LMP is to identify the main labor requirements and risks associated with the project and help the Borrower to determine the resources necessary to address project labor issues. The LMP will enable different project-related parties, for example, staff of the project management unit, contractors and sub-contractors and project workers, to have a clear understanding of what is required on a specific labor issue. The LMP is a living document, which is initiated early in project preparation, and is reviewed and updated throughout development and implementation of the project. 5. Scope of the LMP is outlined in the World Bank’s ESS2. The engagement will be planned as an integral part of the project’s environmental and social assessment and project design and implementation. This document has 12 chapters. Chapter 1 is for Introduction. An Overview of Labor Use in the project is presented in Chapter 2. Key Potential Labor Risks are listed in Chapter 3. Legislative Framework governing labor employment in Vietnam 2 is discussed in Chapters 4 and 5. Implementation Arrangements, Age Requirement, Policies and Procedures and Timing of labor requirements follows in the subsequent chapters. Grievance Redress Mechanism and Contractor Management are presented in the last two chapters 10 and 11 respectively, while Primary Supplier is mentioned in Chapter 12. II. OVERVIEW ON LABOR USE FOR THE PROJECT 6. Nghe An Province’s Vinh city priority infrastructure and urban resilience development project (VPIUR) adapting to climate change is proposed to aid Vinh city in term of appropriate infrastructure and urban development adjusting to climate change. It will give help to develop sustainable urban, adapt to climate change, and create driving force for comprehensive socio- economic development for Vinh city and Nghe An province. Page |1 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) 7. Proposed project will incorporate integrated multidisciplinary in order to: (1) Improve basic services and infrastructure such as roads, sewerage and wastewater networks which connect to households. (2) Boost public urban areas, especially the sides of the traditional Vinh River are the areas where all the activities as cultural identity and heritage improvement and preservation takes place while providing high-quality spaces for population. Not only will it exert significant benefits to their health, but it also can function in crisis situations such as pandemics. (3) Increase water capacity and retention by upgrading and optimizing the existing system and building a new reservoir and pumping station. (4) Improve the management and planning for the capital development in the future. Table 1. Types of Investments No. Component/subcomponent Investment scale I Component 1: Integrated Drainage, Environmental Sanitation and Connectivity Investments 1 Subcomponent 1.1: o Dong Vinh sub-basin: upgrading Dong Vinh canal and secondary Integrated secondary and drainage system along the streets: Tran Nguyen Han, Nguyen Truong tertiary sewer improvement To, Nguyen Xuan Linh, upgrading tertiary drainage within Dong Vinh (SC1.1). ward and a part of Cua Nam and Le Loi wards o Canal 1 sub-basin: upgrading secondary drainage system along the streets: Phan Boi Châu, Chan Hung Dao, Le Loi, Quang Trung, Ly Thuong Kiet, Nguyen Thai Hoc, Phan Chu Trinh, Dao Tan, Dang Thai Than, Phan Dinh Phung, upgrading tertiary drainage within Doi Cung ward and a part of Cua Nam, Quang Trung and Le Loi wards o Hong Bang canal sub-basin: upgrading secondary drainage system along the streets: Le Hong Phong, Minh Khai, Hong Bang, Phan Dinh Phung, upgrading tertiary drainage within a part of Hong Son, Le Mao, Vinh Tan wards o Canal 2 sub-basin: upgrading secondary drainage system along the streets: Le Hong Phong, Minh Khai, Hong Bang, Phan Dinh Phung, upgrading tertiary drainage within a part of Hong Son, Le Mao, Vinh Tan wards o Upgrading three existing stations: Ben Thuy, Southern Station, South- Eastern Station o Construction of manholes, discharge gates to primary canals and Vinh river o Upgrading wastewater collection system by constructing secondary and tertiary sewer system and transmission pumping stations in Le Loi, Hung Binh, Le Mao, Hong Son and Doi Cung wards and a part of Hung Phuc, Cua Nam, Vinh Tan and Trung Do wards. Page |2 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) No. Component/subcomponent Investment scale o Upgrading wastewater collection system by constructing secondary for the North and South parts towards Vinh river in a part of Hong Son, Cua Nam, Vinh Tan, Ben Thuy and Trung Do wards 2 Subcomponent 1.2: o Construction Le Mao expansion street: construction of 1.1 km road with Resilient road connectivity 48 m road base, 2x9 m road surface, 12 m median barrier, 2x9m improvement (SC1.2). sidewalks, construction of a slab bridge with 50 m long over Vinh river, a stab bridge with 40 m long over Cau Gay river, construction of water supply, drainage, wastewater collection, lighting system, green zone and landscape and other technical infrastructures according to the City master plan. o Upgrading Cao Xuan Huy street: expanding the existing road base to 24 m wide, road surface to 14 m, sidewalks to 2x5 m, construction of a slab bridge with 50 m long, 20 m wide over Vinh river, a stab bridge with 40 m long over Cau Gay river, construction of water supply, drainage, wastewater collection, lighting system, green zone and landscape and other technical infrastructures according to the City master plan. o Upgrading Tran Nguyen Han street: expanding the existing road section to 36 m wide including 2x10 m road surface, 4 m median barrier, 2x6 m sidewalks, upgrading Dong Vinh canal. Construction of 400 m new road section with similar technical specifications as the said upgraded road section. Construction of a slab bridge with 50 m long, 15 m wide. Construction of drainage and wastewater collection systems, lighting system, green zone and landscape along the entire road according to the City master plan II Component 2: Expansion of Water Storage Capacity 3 Subcomponent 2.1: Hung Construction of 54.8 ha of Hung Hoa 2 lake surrounding by 80.1 ha of green Hoa 2 regulation lake zones for public leisure activities. Construction of two canals, one (SC2.1). connecting to Hung Hoa 1 lake and one to Hoi Chua pumping station with total length of about 3 km. Dredging two existing Hoa Loc and Hoa Thai canals with total length of 1.75 m. 4 Subcomponent 2.2: Hoi Construction of a new pumping station on the area of 2.67 ha with the Chua drainage pumping capacity of 60 m3 per hour, construction of 4 culverts with dimension of station (SC2.2). 4x2.5 m and corresponding gate valves and 4 culverts with dimension of 3.5x3.5 m and corresponding gate valves. III Component 3: River Improvements and Upgrades 5 This component includes six (06) section of embankment that are (i) section 1: 730 m long, from the junction of Vinh river and Lam river to the bridge for railway in Cua Nam ward. It crosses through the area of Cua Nam ward; (ii) section 2: 925 m long, from the bridge for railway in Cua Nam ward to the old Cua Tien bridge (Pham Hong Thai street) in Vinh Tan ward. It crosses through the area of Vinh Tan and Cua Page |3 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) No. Component/subcomponent Investment scale Nam wards; (iii) section 3: 925 m long, from the old Cua Tien bridge to Cao Xuan Huy street in Vinh Tan ward. It crosses through the area of Vinh Tan ward; (iv) section 4: 940 m long, from Cao Xuan Huy street in Vinh Tan ward to Le Mao extension street in Hong Son ward. It crosses through the area of Vinh Tan ward; (v) section 5: 800 m long, from Le Mao extension street in Hong Son ward to Den bridge in Hong Son ward. It crosses through the area of Hong Son ward; (vi) Section 6: 1,635 m long, from Den bridge to Ba Ra Ben Thuy in Trung Do ward. It crosses through the area of Hong Son and Trung Do wards. Construction of 5 hot spots along the river including: Ecological village: agricultural park, flower park, garden and promenade, wetland area, pedestrian bridge, kayak yard and parking; Heritage village: Square, night kiosk, accesses to the river, walking paths, floating stage and parking; Float market: Square, ports, art works, walking paths, flower garden, wood bridges; Le Mao landscape: an art bridge, trading areas, square, public leisure area, open space for art exhibition; and Tourist/spiritual hub: flower gardens, wetland park and parking. IV Component 4: Systems and Capacity Development 7 Subcomponent 4.1: The planned items to upgrade and improve operation of Hung Hoa 2 Integrated flood risk wastewater treatment plant are as follows: management system o Building a verification pond for the effluent quality including the development (WWTP) effluent quality monitoring system (SC4.1) o Installing the influent quality monitoring system o Completing sludge treatment process 8 Subcomponent 4.2: Project o Support for project preparation including preparation of Pre-FS report; implementation support detailed planning for a number of project’s subcomponents; and other (SC4.2) supporting reports for World Bank appraisal. o Support for project implementation includes: Independent audit; Independent social and environmental monitoring; Communication and public awareness raising campaigns; Post-project evaluation; and other technical support services. o Technical assistance for Project Management includes: Equipment and facilities for service; project implementation activities of the Project Management Unit (PMU); Training, seminars and experience learning trips; and other technical support services. o Technical assistance to the unit’s operating the city's technical infrastructure system, includes trainings and capacity building; provision of a number of specialized equipment for the management and operation. o Technical support for sustainable urban management and climate change adaptation towards building a smart city: Capacity building training; Support on the Smart City Program, this will be further discussed during the preparation of the feasibility study report. Page |4 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) 2.1. Type of Workers 8. ESS2 categorizes the workers into 04 types: (i) direct workers; (ii) contracted workers; (iii) community workers; and (iv) primary supply workers. The environmental and social impact assessment (ESIA) shows that the Project’s workforce will include direct workers (directly employed by the PMU), contracted workers (recruited by third parties such as construction contractors or as consultants, health care service providers or waste management provider…), and primary supply workers (contractor who will provide main materials and equipment for the project). The project will not engage worker community as civil works will be the responsibility of contractors. The sections below provide detailed description of the type and number of workers to be engaged throughout the project life. The types of project workers likely to be engaged in the project are described as follows: (1) Direct workers: are those who are directly employed by the PMU. They are staff of the PMU and consultants hired by the PMU to work for the project. The PMU is responsible for the management and supervision of overall implementation of the Project, including construction works of the contractors. The PMU will require support from the consultants in specific technical areas (i.e. in project management and coordination, financial management, procurement, construction, environmental/social safeguards, monitoring and evaluation, among others), as they are unlikely to have sufficient expertise to manage the whole project. The timing of labor requirements is from the project preparation to the completion of the project. (2) Contracted workers: are those who are employed or engaged by third parties to perform work in relation to core functions of the VPIUR, regardless of locations. The PMU will involve different contractors for carrying out preparation of documents and implementation of different civil and TA works under components 1, 2, and 3. The different categories of anticipated contracted workers are presented in section 2.3. (3) Primary supply workers: The construction work under the Project will require primary supplies essential for the functions of the priority infrastructure, such as construction materials including aggregates, bitumen, pipelines, and precast concrete interlocking blocks. Where the contractor will source such materials directly from primary suppliers on an ongoing basis, the workers engaged by such primary suppliers are deemed “primary supply workersâ€?, as defined in ESS2. The number and type of primary suppliers will be determined at project implementation stage. The timing of labor use of primary supply workers will cover the construction stage of the project. (4) Community workers: The project will not have community workers as defined under ESS2. The community members to be engaged by the contractors will be categorized and managed as “contracted workersâ€?. 9. Other stakeholders working in connections with the project: Stakeholders working in connection with the Project other than the above project workers will include the Government civil servants. Some provincial government civil servants will be working in connection the Project, which will include DOC, DARD, DONRE, DPI, City Land Fund Development Centers (CLFDC), City Clearance Site and Compensation Council (CSCC). They will remain subject to the terms and conditions of their existing public sector employment, which are governed by the Vietnam Labor Code, the Law on Public Employees, and the Law on Civil Servants. There will be no legal transfer of their employment or engagement to the project. The Constitution and the Labor Code prohibit Page |5 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) child labor and forced labor. The government civil servants involved in the Project are not expected to be exposed to OHS risks under the project as they will not engage in project-related civil works. 2.2. Total number of Project Workers 10. The LMP is initiated early in project preparation so that numbers of project workers are not yet confirmed. An estimate has been provided and will be updated throughout development and implementation of the project. The total number of workers is estimated at 657 for the whole project, including: (1) Direct workers: The number of direct workers is 42, including: Board of manager (4 people); Technical and Supervision Dept. (16 people); Planning & Procurement Dept. (5 people); Compensation, Site Clearance and Resettlement Dept. (6 people); Administration and Human Resource Dept. (6 people); Financial – Accounting Dept. (5 people). (2) Contracted workers: The PMU will engage around 24 contractors for carrying out the implementation of the different works of the project, of which 10 contractors during project preparation, 10 contractors involve in civil works, 4 construction supervision consultants, and other consultants. The labor requirements will depend on the scale of the individual civil work under each construction package. The timing of labor requirements will fluctuate, dependent on the construction stages. The experience of MCDP - Vinh subproject construction indicates that the contractor will engage approximately from 10-90 workers in each civil work package and 10-15 for each other consultancy services. The total number of contracted workers is estimated at 515 for the whole project. • Project preparation consultants: 30 • Construction supervision consultants: approx. 15 • Independent monitoring consultants approx. 10 • Skilled workers of the contractors: approx. 250 • Skilled workers of sub-contractor: approx. 60 • Unskilled workers: approx. 150 (3) Primary supply workers: The primary supply workers will be identified during the project implementation stage expected: approx. 100. (4) Community workers: Not applicable. 11. The number of workers by categories is identified in the table below. Table 2. Estimated Number of Workers Indicative Characteristics of project Timing of labor Type of project workers number of workers requirements workers 1. Direct workers PMU staff National staff From project preparation 42 until project completion 2. Contracted workers Page |6 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Indicative Characteristics of project Timing of labor Type of project workers number of workers requirements workers o Project preparation o International and national o From early stage of project 515 consultants experts preparation, o Construction supervision o National experts implementation until consultants project completion o Mostly national technical o Independent Monitoring permanent staff o The timing of labor Consultant requirement will fluctuate, o National/local host dependent on the o Skilled workers engaged community members, construction stages, which by the contractors female workers and will be determined by o Skilled workers engaged persons with disabilities. individual contractors at by subcontractors the contract award stage. o Unskilled workers 3. Primary supply Workers engaged by primary They are most likely local The construction stage of the 100 suppliers at quarry sites workers. project. (construction materials) 4. Community workers • Not applicable • Not applicable • Not applicable 2.3. Contracted Workers 12. The PMU will involve different contractors for carrying out preparation of documents and implementation of different civil and TA works under components 1, 2, and 3. VPIUR’s contracted workers include the consultants preparing the project/sub-project’s feasibility study and detail design; consultant for preparation of ESIA/RAP, construction supervision consultant (CSC), independent environmental and social monitoring consultant (IEMC), construction contractors and subcontractors and their workers. The timing of labor requirements will fluctuate, dependent on the construction stages and progress of project. The different categories of anticipated contracted workers are presented below. Civil work contractors and workers include skilled and non-skilled workers. • Skilled permanent staff of the contractors (construction company): The permanent technical staff of the contractors will be engaged in the project, including project managers, site engineers, construction foreman, environmental social health and safety (ESHS) officer, administrative and finance officers. • Skilled workers engaged by contractors/subcontractors: Depending on the requirements of expertise for each type of investment and working items, contractors will mobilize their relevant workers or engage subcontractors to meet project owners’ requirements. The works requiring skilled workers may include drivers, operators of heavy machines for dredging, piling, hauling, road roller/soil compaction, sand/quarry loading, and grader/excavation, construction of bridge, embankments, berths, WWTP and structural houses. The workers will be expected have expertise relevant to the required works (e.g. Contact with electricity will Page |7 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) need workers trained or skilled in electric works). The skilled workers may include both local and migrant workers. • Unskilled community members engaged by the contractor/subcontractors: It is expected to reduce large number of migrant workers at sites, the project is designed to maximize the employment generation through engaging local labors as unskilled workers especially in simple works such as construction of ancillary works, walls, excavation/leveling, loading/unloading materials, supporting for builders, site cleaners, watering working sites etc. To ensure equal opportunities in employment, the contractor will be contractually required to coordinate with the PMU to prioritize the host communities and vulnerable groups in the engagement of such workers, including female workers and labors with disabilities. Local authority (commune level) and mass organizations such as Women Unions, Fatherland Front, Farmers Association, etc. are expected to facilitate the selection of unskilled workers including female workers and labors with disability to access to working for the project. • Project preparation consultants: A number of consulting companies will be mobilized to involve during project preparation. The consultant companies will consist 10-15 experts, which engaged by the PMU to provide consultancy services or support to complete all preparation works of the project, which could include: design consultants, environmental and social consultant, procurement consultant, UXO removal consultants… • Construction Supervision Consultants: The construction supervision consultants will be engaged by the PMU to provide day-to-day construction oversight for the civil works. The CSCs will consist of 15 to 20 workers, including project manager, sanitation, water supply and drainage, M&E, hydraulic and road design engineer, project support officer, geospatial technical officer, quantity and cost estimator, community liaison officer and environmental, health and safety officer. The procurement process for the construction supervision consultants will start in the early stage of project implementation and before commencing civil works. The CSCs will support the PMU until the completion of the civil works. • Independent Monitoring Consultants: Independent Monitoring Consultants for environment and social are planned to be engaged by the PMU. The IMCs are responsible to ensure compliance with approved plans and programs related to environmental and social issues. The IMCs will be engaged at the beginning of the implementation period and will complete their works from 6 months to 1 year after all resettlement/environmental activities have been satisfactorily completed. Other independent consultants will be mobilized according to donor request and PMU needs. 13. Appendix 1 details various requirements and procedures to address working conditions for Contracted Workers under situation of COVID-19 pandemic. 2.4. Workforce Characteristics 14. Direct workers. Most of the direct workers are expected to have university or master’s degrees and relevant experience. They will be expected to work full time for supporting the project owners in sub-project preparation, project implementation, supervision and reports. Direct workers will mostly be local or but can include immigrant workers. 15. Contracted workers include the FSs and detailed design consultants, E&S consultants, CSCs, IEMCs and contractors/subcontractors and their workers hired to work in the VPIUR during implementation phase. Page |8 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) 16. Most contracted workers in consultant teams (FS, detailed design, E&S, CSCs, IEMCs) are expected to have university degrees and number of years with relevant work experience. Most of them are migrant workers. There could be some international consultants in the CSC team. 17. Contracted workers of the contractors/subcontractors included both skilled and unskilled members. The skilled members of contractors/subcontractors are mostly immigrant while the unskilled community engaged members are local. 2.5. Timing of Labor Requirements 18. The direct workers (PMU staffs) will generally be required full time and around the year for the project preparation and implementation. 19. The contracted workers working as consultants for development of project’s FS, E&S documents and detailed designs will be engaged during the project preparation period. 20. The contracted workers i.e. CSCs and IEMCs will carried out the supervision and monitoring of technical and environmental and social performances during project and project implementation. CSC will be generally required full time and daily working at sites for daily technical and E&S supervision and IEMC is expected to be mobilized to work quarterly or biannually depending the project requirement. 21. Contractors/subcontractors will be mobilized during the construction of the civil works under projects. Overall, the implementation time will depend on the characteristics and scale of the civil works: (i) construction of rainwater drainage system, wastewater collection routes and regulating lake routes can last from 12 to 15 months; (ii) improvement activities of Vinh River such as upgrading river surface and public space can last for 2 years; and (iii) the putting the Hung Hoa WWTP into the project can last from 3 to 6 months for construction of this component, etc. III. ASSESSMENT OF KEY POTENTIAL LABOR RISKS 3.1. Project Activities 22. Key potential risks to laborers are expected to be caused during the project construction and risks to the project contracted workers (construction workers) at working sites and worker camps. Below is the summary of construction activities under the components 1, 2 and 3. 3.1.1. Component 1: Integrated Drainage, Environmental Sanitation and Connectivity Investments • Drainage construction: o Digging trenches to install drainage. o Installing rainwater and wastewater drainage system. o Erecting booster pumping stations. • Wastewater collection system construction: o Digging and installing piping system. o Connecting the wastewater drainage system. o Erecting booster pumping stations. • Road construction: o Site preparation: After fully handed over, construction site will be clearly cleaned, rejected unnecessary objects by contractor. Existing structures will be also checked. Page |9 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) o Construction equipment preparation and mobilization: Specialized equipment for particular task will be transported and gathered. The synchronous equipment includes: (i) Surveying equipment with sufficient accuracy as required; (ii) Equipment for digging, excavating, grading and cultivating; (iii) Equipment for production, transportation of testing construction materials and concrete; (iv) Other related management equipment. Planning for synchronous equipment usage for each construction stage will be prepared. Construction materials such as excavated soil, gravel, sand, stone and water will be delivered to the site. The sites and buildings will be also protected and placed safety warning signs. o Construction stage: After cleaned and prepared, the infrastructure items will be erected according to priority list. Other construction activities include cleaning site, dredging organic, removing mud, demolishing old roadbeds (only within range); filling sand K95 to the bottom of road mold; monitoring subsidence and offset subsidence; constructing water supply and drainage systems, lighting system and trees,…; erecting road structure including K98 capping layer, gravel grade 1 and 2, the lower and upper layer asphalt concrete; completing pavement, curb and disability roadway if available; erecting traffic items such as panting road markings, installing traffic safety sign,… 3.1.1. Component 2: Expansion of Storage Capacity to Reduce Urban Flooding • The key activities are as follows: Excavation: o Remove the weathered soil layer; o Use excavators to dig up to the designed altitude for each area of the lake; o The excavated soil is gathered as backfilling material on an area of 80.1 ha around the lake designated for green zones and parks; Embankment: o Construct embankment foot using bamboo pile with 25 piles/m2 to stabilize the embankment, build stone gabions 2000x1000x500, stone revetment, slope 1: 1.75 with PVC drainage pipes D50 o Water channel: build channel wall using rock, using gabions under the wall. o Build roads around the lake: similar to construction along the river above o Construction of landscape, trees, railing system around the lake. 3.1.3. Component 3: River Improvements and Public Space Upgrades • Key construction activities include: o Site preparation o Dredging river, canal bed: will be implemented section by section o Embankment. o Construction of road on the both side of Vinh river o Construction of wastewater collection along river, canal o Construction of longitudinal culverts o Construction of horizontal and longitudinal technical tunnels 3.2. Assessment of Potential Labor Risks 23. Drawing upon experience and lesion learned from other similar infrastructure projects in Vietnam, the following are key labor risks anticipated during the implementation of the Project. P a g e | 10 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) a) OSH risks • Health risks. Health risks due to working in a pollution environment with high dust concentration caused by the construction activities of site clearance and demolishing of old structures, soil excavations, leveling, machine operation and transportation. This risk is assessed to be medium and can be minimized by providing workers with personal protection equipment. • Accidents due to structure collapse. Excavation and demolishing activities can cause a damage of nearby existing structure foundations leading to the structure collapses causing serious injuries to workers. This risk is assessed to be small and can be mitigated by geological assessment before construction and provide PPE for workers. • Accidents due to falling in water. Workers may fall down in water cause serious injuries during dredging, pilling or constructing embankments and bridges due to dizzying or/and strong wind, waves or/and careless working without compliance with working safety. This risk is assessed to be low and can be minimized by providing workers with personal protection equipment. • Accidents due to falling. Incorrectly installed scaffolding, open walls, manholes on roadbeds, uninsured ladders and unprotected steel bars are the most common risks leading to labour accidents for construction workers. This risk is assessed to be low and can be minimized by providing workers with personal protection equipment. • Accidents due to falling objects. During construction process, heavy tools and equipment and supplies may fall from the high level and helmets are not effective. If the site area is not enclosed or something may fall from a crane out of the construction area, the pedestrians may also be hit by these objects. This risk is assessed to be low average and can be minimized by properly complying with the safety corridor of the construction site and the construction process. • Accident due to ditches and trenches. During the process of excavation and construction of drainage system, collapse may occur. If the excavated material is too close to the trench, the material may fall back and cause serious injury. This risk is assessed to be low and can be minimized by providing workers with personal protection equipment. • Physical injury due hard work. Back injuries caused by lifting heavy objects or improper posture. This risk is assessed to be low and can be minimized by providing workers with personal protection equipment and training on Occupational Health and Safety Module and Labor and Working Conditions for Project’s workers. • Risks of traffic accidents, labour accident, fire, explosion, short circuit and electric shock posed by the construction activities will also affect the safety of the community. This risk is assessed to be low average and can be minimized by properly complying with the safety corridor of the construction site and the construction process. • Heavy equipment: Injury may start from heavy equipment. The machineries may malfunction or fall down. Careless operation of the crane can cause many injuries. A forklift or excavator is also one of the common devices that cause accidents. In addition, the construction activities involving heavy machineries will be quite noisy. Loud, repetitive, and excessive noise causes long term hearing problems, such as deafness. Noise can also be a P a g e | 11 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) dangerous distraction and may distract the worker from the task at hand, which can cause accidents. The level of noise and risks from heavy construction machinery at the construction sites will be low, generated in a short time and scattered in 7 project wards and communes. Construction machinery and equipment will not operate at the same time, but mainly in shifts and will be mobilized depending on the construction progress and volume of work items, in which each machine will be used differently. Therefore, the resonance effect by noise will be much lower than expected. Furthermore, all vehicles and equipment will be checked periodically, and noise will end once construction activities are completed. The noise can be minimized by equipping workers with protective equipment and noise-cancelling equipment. • Lack of awareness on occupational health and safety requirements: As it is common at work site in Vietnam, there is often a lack of use of personal protective equipment (PPE) and safe workplace practices. This risk is assessed to be low and can be minimized by providing workers with personal protection equipment and tranning training on Occupational Health and Safety Module and Labor and Working Conditions for Project’s workers. • Contamination during infectious disease outbreaks if frequent and proper hygiene practices are not consistently applied (in particular frequent and proper hand hygiene and wearing masks to serve as barriers to human-to-human transmission of virus). This risk is assessed to be medium and can be minimized by regularly providing training on infectious diseases, providing safety measures for workers on site (hand sanitizer, face mask,...). • The project will be implemented under the outbreak COVID-19 pandemic in the world, high risks of COVID-19 infection among workers who may come from other regions/cities/provinces or countries. Risk factors for worker exposure to COVID-19 include job duties that involve close contact with other workers, the community, and patients and healthcare workers in the health facilities. This risk is assessed to be medium and can be minimized by regularly providing training on infectious diseases, providing safety measures for workers on site (hand sanitizer, face mask,...). Refer to Annex 1 - Contractor’s general guide COVID-19 considerations in construction/civil works following World Bank Interim Notes on Construction of Civil Work. 24. However, the risk assessment shows that the OHS risks are low to medium because (i) the impacts are localized within the construction sites; (ii) construction period is short (from 15-24 months and reasonable construction time); (iii) workers are provided with protective equipment; (iv) mitigation measures for these risks have been provided in the ECOP in ESIA/ESMP and workers will be trained on labor safety, traffic safety, sanitation before starting any civil works. b) Child labor 25. While this is a risk, it will be prohibited to use child laborers as project workers. As noted that, unskilled labor may need to mobilize from local people, in this case, the child laborers may be mobilized for some jobs that do not require high qualifications (according to Vietnam’s regulations, child is under 15 years old). Due to limited knowledge, children may suffer from labor abuse that affects their psychology, health and school. However, the risk is assessed to be MINOR as i) The experience with the Bank-financed and state budgeted projects show no cases of child labor or forced labor have been recorded; ii) Bank and Vietnam government have strong and comprehensive policies/requirements to protect the children from child labor and other abuse; iii) According to the socio-economic survey results, no case of child labor or forced labor was recorded in the project P a g e | 12 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) areas; iv) The Contractor will need to commit not to hiring child labor for the project-related Jobs as one of the required conditions in the bidding and contractual documents; v) The project Owner will coordinate with local authorities and related units to strictly control and monitor the Contractor's labor use. c) Risks due to labor influx 26. Given the availability of labor resources in the neighboring districts of Vinh city, the project will not create a line of large-scale labor. However, construction activities will mobilize a number of workers, some of whom come from other provinces or cities and have different backgrounds, cultures and behaviors. The varies of cultural behaviors can lead to conflicts between local and migrant laborers at construction sites and workers’ camps. In addition, gender-based violence, sexual harassment may occur at sites due to male migrant workers causing adverse effects on mental health and liberality of female workers. However, according to the initial consultation with key staff of project’s wards/communes, except for a number of skilled workers will be mobilized for constructing fishing ports, majority of migrant workers may be sourced from nearby districts within the province, therefore the cultural differences will be expected to be minor. The labor risk due to migrant influx is considered low to moderate and can be mitigated through regulating in labor contracts signed between both sides in accordance with Code of Conducts (CoC) - (Annex 2), while providing training raising their awareness on CoC for workers and availability of worker GRM for them to ask for resolving once identification of any case of noncompliance with the CoC. d) Labor disputes over terms and conditions of employment 27. Labor disputes in a new construction environment are common in Vietnam. Likely causes for labor disputes include demand for limited employment opportunities; labor wages rates and delays of payment; disagreement over working conditions; and health and safety concerns in work environment. In addition, employers such as contractors/subcontractors may retaliate against workers for demanding legitimate working conditions, or raising concerns regarding unsafe or unhealthy work situations, or any grievances raised, and such situations could lead to labor unrest. This risk is assessed to be medium. However, implementing the project policy on sound labor treatment in accordance with ESS2, project contractors/subcontractors will be required to provide their labors with information on the employment, while negotiating to reach a consensus on terms and conditions of employment with the laborers before signing labor contract for implementation. Monitoring the compliance with implementation of the terms of work conditions that have been signed labor contract of both sides and carrying out strictly the GRM for laborers will be the effective mitigation measures to address the labor disputes during the project implementation. e) Discrimination and exclusion of vulnerable/disadvantaged groups 28. Vulnerable/ disadvantaged groups of people may be subject to increased risk of exclusion from employment opportunities under the Project. Such groups will include women and persons with disabilities. Lack of equal payment for similar work for men and women is also an issue in Vietnam. Sexual harassment and other forms of abusive behavior by workers will also have the potential to compromise the safety and wellbeing of the vulnerable groups of workers and the local communities, while adversely affecting project performance. This will also include potential sexual exploitation or harassment in recruitment or retention of skilled or unskilled female workers supported under the project. Discrimination and exclusion of vulnerable/disadvantaged groups: Vulnerable/ disadvantaged groups of people may be subject to increased risk of exclusion from employment P a g e | 13 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) opportunities under the Project. Such groups will include women and persons with disabilities. This risk is assessed to be low. For the project, employers especially contractors/subcontractors will be expected to apply such incentive policies of the nation to create employments suitable with women and people with disabilities, while coordinating with local authorities such as commune Women Unions to facilitate the vulnerable labor groups to find employments from the project. 3.3. General Comments/Assessment on Potential Labor Risks 29. The above social risks and impacts are assessed to be from low to moderate in the project as analysis/assessment for each potential risk is provided above. This is because: (i) workers will be trained on labor safety, traffic safety, sanitation before starting any civil works; (ii) the workers concentrated scattered in different areas, the impacts are localized within the construction areas; (iii) Local labor will be prioritized to use for construction activities, at the same time measures to control the age of hired workers must be taken; (iv) The Contractor has to commit not to hiring child labor and forced labor for the project-related jobs; (v) The project Owner will coordinate with local authorities and related units to strictly control the Contractor's labor use; (vi) Commitment not to use child labor and forced labor is one of the required conditions in the bidding documents; 30. Especially, the impact on women is assessed as minor due to: (i) According to the socio- economic survey results, no negative impacts related to women were recorded during previous works on wastewater treatment plants; (ii) The number of women workers at the construction sites is not large as local workers are prioritized by the Contractor; (iii) Information about social diseases and prevention methods will be provided to workers through training programs and information disclosure; (iv) A code of conduct spelling out requirements, Regulations, penalties for the violations by workers at the site, in terms of SEA/SH will be developed; (v) The contractor must be closely work with local authorities to manage the number of workers at the construction sites; and (vi) The project will be implemented in the urban areas where has a good public utilities/services and health care systems. IV. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS 31. Below is the overview of the key aspects of national Labor Code with regards to terms and conditions of work which address requirements of the World Bank’s Environmental and Social Standard 2 on Labor and Working Conditions (para 11). Where gaps between national legislation and ESS2 have been identified, the procedures, terms and conditions described in this LMP will be followed. 32. Labor Code 2019 is the current legal document that sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees, representative organizations of employers in labor relations and other relations directly related to labor relations; and state management of labor related issues. 33. The Labor Code 2019 (No. 45/2019/QH14, dated November 20, 2019) has become effective since 1 January 2021, replacing the former Labor Code 2012. The revised Labor Code 2019 has the following new aspects: • Employees at the enterprise have the right to establish or join an organization representing employees of their choice. • Definition of sexual harassment in the workplace P a g e | 14 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Women are no longer prohibited from doing certain types of work • Legal protection is extended to employees who do not have a written employment contract The Labor Code 2019 also has new following improvements: • Better protection from anti-union discrimination and interference in unions • Clearer processes and encouragement for collective bargaining • Better protection against forced labor and debt bondage • Clearer regulations on the employment of minors at different ages • Extended coverage and increased professionalism in labor mediation and arbitration. 34. The above key legal improvements, plus the existing provisions related to various aspects of labor management, are favorable requirements that contribute to implementation of requirements described in the World Bank’s ESS2. 35. Some prominent requirements by the ESS2, which are regulated by the Labour Code 2019, include the following: • Gender equity and specific requirements for female worker. The Code of Labor 2019 ensures the principle of gender equality in the field of employment (Article 4) and prevents and fights against sexual harassment at the workplace (Article 135). From state policy perspective, the state policies ensure necessary measures will be in place to create employment opportunities, improve working conditions, develop occupational skills, provide healthcare, and strengthen the material and spiritual welfare of female employees in order to assist them in developing effectively their vocational capacities and harmoniously combine their working lives with their family lives (Article 135). As for employers, the Code requires employers to a) adopt and promote the principle of gender equality in recruitment, job assignment, training, working hours and rest periods, salaries and other policies (Article 136), and b) consult with female employees or their representatives when making decisions that affect their rights and interests. • Child Labor. The Labor Code 2019 has provisions that protect employee who is under 18 years of age (the minor). It provided specific list of jobs and place of work that are not allowed for employee from 15 to under 18, and employees from 13 to under 15 (Article 143). The also provided a guiding principle to ensure the minors are protected (Article 144). Employers who plan to recruit minors under 15 is obliged to follow provisions related to contracting, work time arrangement, and working conditions to ensure the minor workers are safe and the works they undertake does not affect their personal health and intellectual development (Article 145). The Code also specific type of works and location of workers where employers are forbidden to engage employees from 15 to under 18 (Article 147). • Workers with disabilities. The Labor Code 2019 protect the rights to work of people with disability and encourage employers to hire workers with disability in accordance with regulations on people with disability (Article 158). The Labor Code 2019 also requires employers to assume responsibility in ensuring appropriate working conditions, working tools, and occupational safety and health measures for employees with disability, including conducting regular health check-up for them. Employers are also required to consult with P a g e | 15 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) employees with disability before making any decision that affect the rights and interests of employees with disability (Article 159 and 160). • Sexual harassment. First and foremost, sexual harassment was prohibited at the workplace (Article 8). The code provided that the ultimate right of the employee is to be free from sexual harassment at their workplace and as such requires the employers to fight sexual harassment at the workplace (Article 6). This issue of sexual harassment at the workplace could be escalated to topics subjected to collective negotiation (Article 67). To realize this, employer is prohibited to commit sexual harassment (Article 165) and is required to take action to prevent and fighting sexual harassment in the workplace by prescribing steps and procedures to redressing sexual harassment at the workplace (Article 165). 36. In addition to the revised Labor Code 2019, key pertinent laws supporting the implementation of the Labor Code 2019 include: • Laws o Law on Occupational Safety and Health (No. 84/2015/QH13, dated 25 June 2015); o Law on Employment (No. 38/2013/QH13, dated 16 November 2013) o Law on Public Employees (No. 58/2010/QH12, dated 15 November 2010); o Law on Civil Servants (No. 22/2008/QH12, dated 13 November 2008); o Law on Trade Union (No. 12/2012/QH13, dated 20 June 2012) o Law on People with Disabilities (No. 51/2010/QH122010, dated 17 June 2010) o Law on HIV/AIDS Prevention and Control (No. 64/2006/QH11, 29 June 2006) o Law on Gender Equality (No.73/2006/QH11, dated 29 November 2006) o Law on Social Insurance (No. 58/2014/QH13, dated 20 November 2014); o Law on Health Insurance 2014 (Modified) (No. 46/2014/QH13 dated 13 June 2014) o Law on Health Insurance 2008 (No. 25/2008/QH12 dated 14 November 2008). • Decrees under Labor Code 2019 o Decree No. 145/2020/ND-CP dated on December 14, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labour Code regarding working conditions and industrial relations; o Decree No. 61/2015/ND-CP dated July 9th, 2015, of the Government on Job Creation Policies and the National Employment Fund; o Decree No. 11/2016/ND-CP dated 03/2/2016 of the Government on detailed regulations on implementing a number of articles of the labour code regarding foreign workers in Vietnam; o Decree No. 39/2016 / ND-CP dated May 15, 2016, of the Government on detailing the implementation of a number of articles of the Law on Occupational Safety and Hygiene; o Decree No. 44/2016 / ND-CP dated May 15, 2016 of the Government on details some articles of the law on occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment; P a g e | 16 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) o Decree No. 24/2018 / ND-CP dated February 27, 2018 of the Government on provide for the settlement of complaints and denunciations in labour force, vocational education, activities of sending overseas Vietnamese work contract, safety, environmental sanitation; o Decree No. 157/2018/ND-CP dated November 16, 2018 of the Government providing for region-based minimum wages applied to employees working under labour contracts; o Decree No. 38/2019 / ND-CP dated May 9, 2019 of the Government on statutory pay rate for public officials and public employees and armed forces’ personnel; o Decree No. 146/2018 / ND-CP dated October 17, 2018 of the Government on elaborating and providing guidance on measures to implement certain articles of law on health insurance; o Decree No. 44/2017 / ND-CP dated 14/4/2017 of the Government on the rate of contribution to the occupational accident and disease insurance fund; o Decree No. 143/2018 / ND-CP dated October 15, 2018 of the Government on elaborating on law on social insurance and law on occupational safety and hygiene regarding compulsory social insurance for employees who are foreign nationals working in Vietnam. o Decree No. 88/2020 / ND-CP dated 27/7/2020 of the Government on elaborating some articles of the law on occupational safety and health on compulsory insurance for occupational accidents and occupational diseases. • Circulars under Labor Code 2019 o Circular No.10/2020/TT-BLÄ?TBXH of MOLISA dated 12 November 2020 elaborating and guiding certain articles of the labour code concerning employment contracts, collective bargaining council and jobs with hazards to reproductive function and children raising. o Circular No.11/2013/TT-BLÄ?TBXH dated August 1, 2013: promulgating the list of light tasks permitted for persons under 15 years old; o Circular No.25/2013/TT-BLDTBXH dated 05/12/2013: Guiding the regime of in-kind allowances for people working in hazardous and hazardous conditions; o Circular No.26/2013/TT-BLÄ?TBXH dated 15/12/2013: List of jobs that are not allowed to employ female workers; o Circular No.30/2013/TT-BLÄ?TBXH dated July 1, 2013: Guiding the implementation of Decree No. 44/2014 on labour contracts; o Circular No.23/2014/TT-BLÄ?TBXH dated 20/10/2013: Guiding the implementation of Decree No.03/2014 on employment; o Circular No.29/2015/TT-BLDTBXH dated 15/9/2015: Guidance on collective bargaining, agreement of collective labour and resettlement of labour disputes; o Circular No.47/2015/TT-BLDTBXH dated 16/11/2015: Providing some articles on contracts, labour rules and material responsibilities of Decree No.05/2015 dated 12/01/2015 of The Government detailing and guiding the implementation of a number of contents of the Labour Code; P a g e | 17 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) o Circular No.13/2016/TT-BLÄ?TBXH dated June 16, 2016: Promulgating a list of jobs with strict occupational safety and sanitation requirements; o Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016, guidance on implementation of a number of articles of Decree No.11/2016/ND-CP dated February 3, 2016 detailing a number of articles of the Labour Code in respect of foreign workers in Vietnam; o Circular No.53/2016/TT-BLDTBXH dated 28/12/2016: Promulgating the list of machines, equipment, supplies and substances with strict requirements on occupational safety and sanitation; o Circular No. 23/2015/TT-BLÄ?TBXH dated June 23, 2015: guiding the implementation of a number of articles on wages of Decree No.05/2015/ND-CP dated January 12, 2015 of the Government detailing and guiding the implementation of some contents of the labour code. 37. In addition, Vietnam ratified the ILO Conventions, the details for which are provided in the table below. Table 3. Vietnam Ratification to ILO Conventions Convention Date Status Note C029 - Forced Labor Convention, 1930 (No. 29) 05 Mar 2007 In Force C098 - Right to Organize and Collective Bargaining 05 Jul 2019 Not in Effective 05 Convention, 1949 (No. 98) force Jul 2020 C100 - Equal Remuneration Convention, 1951 (No. 100) 07 Oct 1997 In Force C111 - Discrimination (Employment and Occupation) 07 Oct 1997 In Force Convention, 1958 (No. 111) C138 - Minimum Age Convention, 1973 (No. 138) 24 Jun 2003 In Force Minimum age specified: 15 years C182 - Worst Forms of Child Labor Convention, 1999 19 Dec 2000 In Force (No. 182) V. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY 38. The key Vietnamese law that is related to Occupational Safety and Health (OSH) is the Law on Occupational Safety and Health, which was enacted in connection with the Labor Code. The Law on Occupational Health and Safety 2015 (No. 84/2015/QH13, dated June 25, 2015) provides for provisions on occupational health and safety, and applies to direct and contracted workers, including foreign workers. The overview below provides key aspects of legislation, which relates to the items set out in ESS2, paragraphs 24 to 30. 5.1. Legal Regulations of Vietnam on Occupational Safety and Health (OSH) 39. The Law on Occupational Health and Safety 2015 (No. 84/2015/QH13, dated June 25, 2015) aims to ensure that employees work in a safe and healthful environment by setting and enforcing standards and regulations, as well as specifying the rights and responsibilities of employers, P a g e | 18 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) employees and other relevant parties as to exercising the OSH principles and measures to prevent occupational accidents and diseases. 40. It also specifies deeds that are prohibited and provide preventative measures that shall be taken to protect employees from exposure to hazards and risks that are harmful to them. Preventative measures include a) use of information, education, communication (IEC), b) provision of training, c) promulgation of work regulation, d) control of work place hazards, e) technical solutions for problem solving, f) health care, g) use of Personal Protective Equipment and h) regular check of machinery, i) health insurance and entitlements, j) some special regulations to ensure safety for female employees, minors, and people with disability, etc. 41. More specifically, Employers are required to implement measures to ensure OSH at the workplace, and the employees must comply with them. The main measures are as follow: • All types of machinery, equipment and materials with strict requirements for Labor safety as detailed by the Vietnamese Government from time to time must be tested and verified prior to being commissioned for use, and must be periodically tested and verified by an organization conducting technical Labor safety testing and verification. • The employers must provide the employees engaged in hazardous work activities with sufficient personal protective equipment and facilities which meet quality standards as provided by the relevant laws, and the employees must use such equipment and facilities during work in accordance with the regulations of the Ministry of Labor, War Invalids and Social Affairs of Vietnam (MOLISA). The employers must hold training classes on OSH for employees, apprentices and trainees when they are recruited and when work is assigned to them. • The employers must arrange periodic health checks for the employees once per year or once per each six months. • The employers are also required to: (i) ensure that the workplaces meet the requirements on spaces, airiness, dust, steam, toxic gas and other harmful factors as prescribed in relevant technical regulations; (ii) ensure safe and hygienic working conditions for machines, equipment and workshops as required by the promulgated or applied national technical regulations or standards on OSH at the workplaces; (iii) check and evaluate dangerous and harmful factors at the workplaces in order to put forward measures to avert and minimize dangers and harm and improve working conditions and healthcare for the employees; (iv) examine and maintain machines, equipment, workshops and warehouses on a periodic basis; (v) display signboards of instructions regarding OHS covering the operation of machines, equipment and the workplaces at easy-to-read and visible locations at the workplaces; and (vi) obtain opinion from the organization representing the Labor collective at the grassroots level (trade union or Labor union) when formulating and implementing plans on activities ensuring OHS. • The employers' obligation to contribute to insurance covering labor accident and occupational disease insurance for the employees covered by the social insurance under the Law on Social Insurance. Vietnamese employees who work under the labor contracts with a total term of 03 months or more are entitled to social insurance. P a g e | 19 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) 42. Thus, when a Vietnamese employee working in Vietnam, who contributed to social insurance, is injured or becomes ill or even dies during the course of his or her employment, all related costs such as payment for being unable to work, retraining and even lump sum amounts for permanent impairments or death, are covered by the Social Insurance Fund of Vietnam. 43. Under the Law on Occupational Health and Safety 2015, decree and circulars have been issued to provide guidelines for implementation of the law. Some of the key documents include: • Decree No. 39/2016/ND-CP dated May 15, 2016, detailing the implementation of some articles of the law on occupational safety and health • Circular No. 19/2016/TT-BYT dated June 30, 2016, providing guidelines for occupational health and safety management. • Circular No. 13/2020/TT-BLDTBXH dated November 27, 2020 providing guidance on collection, storage, consolidation, provision, publicizing and assessment of occupational accidents and technical difficulties causing serious loss of occupational safety and hygiene • Decree No. 44/2016/ND-CP dated May 15, 2016 detailing some articles of the law on occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment. • Decree No. 88/2020/ND-CP dated July 28, 2020 detailing and guiding a number of articles of the law on occupational safety and health regarding compulsory occupational accident and disease insurance • Decree No. 58/2020/ND-CP dated May 27, 2020 regulating rates of compulsory insurance contributions to the occupational accident and disease benefit fund 5.2. The World Bank Environmental and Social Standards (ESS): ESS2 on Labor and Working Conditions 44. The World Bank’s stipulations related to labor are outlined in its ESS2. Implementing agency promotes sound worker-management relationships and provides safe and healthy working conditions. Key objectives of the ESS2 are to: • Promote safety and health at work; • Promote the fair treatment, nondiscrimination and equal opportunity of project workers; • Secure protection of project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate; • Prevent the use of all forms of forced labor and child labor; • Support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law; and • Provide project workers with accessible means to raise workplace concerns. • ESS2 applies to project workers including full-time, part-time, temporary, seasonal and migrant workers. Where government civil servants are working in connection with the project, whether full-time or part-time, they will remain subject to the terms and conditions of their existing public sector employment agreement or arrangement, unless there has been an P a g e | 20 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) effective legal transfer of their employment or engagement to the project. ESS2 will not apply to government civil servants. • Working conditions and management of worker relationships. The Implementing Agency will develop and implement internal labor management procedures applicable to the project. These procedures will set out the way in which project workers will be managed, in accordance with the requirements of national law and this ESS. The procedures will address the way in which this ESS will apply to different categories of project workers including direct workers, and contract workers. • Project workers will be provided with information and documentation that is clear and understandable regarding their terms and conditions of employment. The information and documentation will set out their rights under national Labor Code and ESS requirements (which will include collective agreements), including their rights related to hours of work, wages, overtime, compensation and benefits. This information will be provided at the beginning of the working relationship and when material changes occur. 45. WBG’s EHS guidelines. The World Bank Group (WBG) has guidelines for Environment, Health and Safety (EHS) that serve as useful references for general issues as well as sector-specific activities. Projects financed by the WBG are expected to comply with this guideline as required by the policies and the standards. The EHS guidelines are mainly on occupational health and safety, community health and safety as well as on construction and decommissioning. It contains guidelines cross cutting on environmental (waste management, ambient air quality, noise and water pollution), occupational health and safety issues among others, applicable to all the industry sectors. VI. RESPONSIBLE STAFF 46. MOLISA/DOLISA. Enforcement of the Labor Code is the responsibility of the Ministry of Labor, War Invalids and Social Welfare (MOLISA) and of each Department of Labor, Invalids and Social Affairs (DOLISA) in each province. 47. The Project Management Unit (PMU). The Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project Management Unit is located in Vinh city and will be responsible for overall project management and coordination of the Project, including the compliance with safeguards requirements including on labor and working condition. The PMU will hire consultant(s) with expertise in environmental, social, occupational health and safety issues. The PMU will be responsible for the following tasks relevant to labor and working conditions: • Undertake the overall implementation of this LMP. • Engage and manage contractors/subcontractors in accordance with these LMP and the applicable Procurement Documents. • Ensure that contractors prepare their labor management procedures (Contractor’s LMP) that comply with this LMP and Contractor’s ESMP (including OHS provisions) for approval before the contractor is allowed to mobilize to the field. P a g e | 21 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Monitor1 that contractors/subcontractors are meeting obligations towards contracted workers as included in the Contractor’s LMP and ESMP and the applicable Procurement Documents. • Monitor the potential risks of child labor, forced labor and serious safety issues in relation to primary supply workers. • Monitor training of relevant project workers. • Ensure that the grievance mechanism for project workers is established and implemented and that workers are informed of it. • Monitoring the implementation of the Worker Code of Conduct and any other measures to address risks of sexual exploitation and abuse (SEA)/sexual harassment (SH). • Report to the World Bank on labor and occupational health and safety performance. 48. The Construction Supervision Consultant (CSC). The Construction Supervision Consultants (CSC) will be recruited by the PMU to conduct construction supervision with responsibilities for monitoring the contractors of the civil works as well as monitoring adherence to the implementation of E&S risks management measures of contractors. They will oversee the performance on labor and working conditions on a daily basis on behalf of the PMU, which will be explicitly set out in their contract. The CSCs will employ qualified expert(s) for such oversight and report on performance to the PMU. 49. The Contractors will be responsible for the following: • Employ or appoint qualified environmental, social, occupational health and safety expert(s) to manage OHS issues. • Prepare and implement their labor management procedure (Contractor’s LMP) and Contractor’s ESMP (including OHS provisions)2 which will apply to the contracted workers who work on the projects. These procedures and plans will be submitted to the PMU for review and approval before the contractor is allowed to mobilize to the field. • Supervise their subcontractors’ adherence to the LMP and ESMP. • Maintain records of recruitment and employment of contracted workers (including subcontractors) with age verification to avoid child labor. • Provide induction and regular training to contracted workers on environmental, social and occupational health and safety issues including prevention of Gender-Based Violence (GBV). • Require the primary supplier to identify and address risks of child labor, forced labor and serious safety issues, and risks of equity and discrimination for primary supply workers. • Develop and implement the grievance mechanism for contracted workers, including ensuring that grievances received from their contracted workers resolved promptly, and reporting the status of grievances and resolutions. • Ensure that all contractor and subcontractor workers understand and sign and comply with the Code of Conduct prior to the commencement of works, and take all other measures to 1 The PMU shall establish resources and procedures for managing and monitoring the performance of the contractor in relation to the LMP. The PMU will ensure that the contract with the construction and supervision consultants explicitly set out their monitoring responsibility for the contractor’s performance on labor and working conditions on a daily basis. The monitoring may include, inspections, and/or spot checks of project locations or work sites and/or of labor management records and reports compiled by the contractor. For more details, see Chapter 11 “Contractor Managementâ€?. 2 The Contractor’s LMP and the Contractor’s ESMP may be prepared as separate documents or integrated into a single document. P a g e | 22 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) address risks of sexual exploitation and abuse (SEA)/sexual harassment (SH) as specified in the contractor’s LMP/ESMP and supervise compliance with such measures. • Report to PMU on labor and occupational health and safety performance. • Contractors also need to develop specific procedures or plans so that adequate precautions are in place to prevent or minimize an outbreak of COVID-19, and it is clear what should be done if exposure risks increase for civil workers interacting with individuals with higher risks of contracting COVID-19 and for workers who have exposure to other sources of the virus in the course of their job duties. A guideline for Contractors to address COVID-19 issues has been appended in Annex 1 following World Bank Interim Notes on Construction of Civil Work. 50. For projects supporting health facilities who may take place as the subcontractors of civil contractors or PMUs, plans or procedures should be in place to address the following issues: • Obtaining adequate supplies of medical PPE, including gowns, aprons, curtains; medical masks and respirators (N95 or FFP2); gloves (medical, and heavy duty for cleaners); eye protection (goggles or face COVID); hand washing soap and sanitizer; and effective cleaning equipment. Where relevant PPE cannot be obtained, the plan should consider viable alternatives, such as cloth masks, alcohol-based cleansers, hot water for cleaning and extra hand washing facilities, until such time as the supplies are available • Training medical staff on the latest WHO advice and recommendations on the specifics of COVID-19 • Conducting enhanced cleaning arrangements, including thorough cleaning (using adequate disinfectant) of catering facilities/canteens/food/drink facilities, latrines/toilets/showers, common areas, including door handles, floors and all surfaces that are touched regularly • Training and providing cleaning staff with adequate PPE when cleaning consultation rooms and facilities used to treat infected patients • Implementing a communication strategy/plan to support regular communication, accessible updates and clear messaging to health workers, regarding the spread of COVID-19 in nearby locations, the latest facts and statistics, and applicable procedures. Table 4. Summary of the Project Staff/Party Responsible for Various Key Issues Primary supply Key issues Direct workers Contracted workers workers Hiring and o PMU to engage/manage managing consultants o n/a (outside the individual o PMU to engage/manage o Contractor/Subcontractor scope of ESS2) project Construction and (site manager and/or workers Supervision consultant OHS officer) o n/a (direct workers will o Contractor to require follow OHS measures the primary supplier OHS when visiting to identify/address construction sites) child labor/forced P a g e | 23 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Primary supply Key issues Direct workers Contracted workers workers o n/a (the contract for direct labor and serious Child labor workers does not allow safety risks. and forced child labor and forced o PMU/Construction labor labor) and Supervision consultants to review Training o PMU/CSCs/IEMCs Code of o n/a (the contract for direct o n/a (outside the workers will address conduct scope of ESS2) relevant risks.) o Contractor and Grievance o PMU/Construction and Supervision consultants PMU/Construction and mechanism Supervision consultants o PMU/Construction and o Contractor to monitor o Contractor to Supervision and report to PMU monitor and report to consultants/IEMC to o PMU/Construction and PPMU Monitoring monitor and report to Supervision consultant to o PMU/Construction and World Bank monitor and report to and Supervision reporting World Bank consultant to monitor and report to World Bank. VII. POLICIES AND PROCEDURES 51. The VPIUR will apply the following policies and procedures to address the key labor risks identified under Chapter 3. The summary of indicative procedures to implement the polices is presented in the Table 4. 1) Occupational health and safety (OHS). Pursuant to the relevant provisions of the Labor Code (Chapter IX on Labor Safety, Labor Sanitation Articles 95-108), Directives No.16/CT- TTg dated March 31, 2020 of the Prime Minister on carrying out the urgent measures to prevent and control the COVID-19 disease outbreak; ESS2 (including WBG General Environmental, Health and Safety Guidelines (EHSGs 3 ), the Project’s ESMP and WB standard procurement documents4, the contractor shall manage all construction sites in such a way that the workers and the community are properly protected against possible OHS risks. Key elements of OHS measures should include (a) identification of potential hazards to workers; (b) provision of preventive and protective measures; (c) training of workers and maintenance of training records; (d) documentation and reporting of occupational accidents 3 The WBG General EHSGs are technical reference documents with general statements of Good International Industry Practice, which provide guidance to users on general EHS issues. The applicability of the ESHGs should be tailored to the hazards and risks established for each project. 4 The WB Standard Procurement Document for Work is likely to be used for the VPIUR construction works, which will include relevant OHS provisions, such as the appointment of ESHS officer, development of Contractor-ESMP, compliance with OHS measures and reporting, and the use of Code of Conduct. P a g e | 24 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) and incidents; (e) emergency preparedness; and (f) remedies for occupational injuries and fatalities and (g) prevention and control of transmissible disease including COVID -19. 2) Child labor. The minimum age of project workers eligible for any type of work under the VPIUR (including construction work) is set at 18. The engagement of project workers between the age of 15 and under 18 years may be allowed only for non-hazardous work that would not interfere with the child’s education (subject to prior risk assessment and regular monitoring on health and safety conditions, hours of work and any other aspects) in accordance with ESS2. To prevent engagement of under-aged labor, all contracts shall have contractual provisions to comply with the minimum age requirements including penalties for non-compliance. The contractor is required to maintain labor registry of all contracted workers with age verification. 3) Labor influx. To minimize the labor influx and it’s negative impacts, the VPIUR will contractually require the contractor to preferentially recruit unskilled labor from the local communities for simple works such as excavation, leveling, cleaning, load/uploading materials, watering sites.... All contracted workers will be required to sign and comply with the code of conduct (see Annex 2 on the Guideline on Code of Conduct) prior to the commencement of work, which includes a provision to address the risk of Gender Based Violence (GBV). The code of conduct governs both on-site behavior (with colleagues) and conduct in the community. Relevant training will be provided to workers, such as induction and daily toolbox talks outlining expected conduct and local community values; and training on GBV and GRM will be provided to communities located closed to the construction works 4) Labor disputes over terms and conditions of employment. To avoid labor disputes, fair terms and conditions will be applied for project workers in the VPIUR (more details are provided in Chapter 9). The Project will also have grievance mechanisms for project workers (direct workers and contracted workers) in place to promptly address their workplace grievances (more details are provided in Chapter 10). Further, the Project will respect the workers’ right of labor unions and freedom of association, as set out in the national Labor Code (Chapter XIII, Trade Union). 5) Discrimination and exclusion of vulnerable/disadvantaged groups. The employment of project workers under the VPIUR will be based on the principle of equal opportunity and fair treatment, and there will be no discrimination with respect to any aspects of the employment relationship, such as recruitment and hiring, terms of employment (including wages and benefits), termination and access to training. To address the risk of exclusion of vulnerable groups (such as women and persons with disabilities) from employment opportunities, the Project will require the contractor to employ such groups based on their qualifications. People with disabilities can be qualified to perform highly skilled jobs. The contractor will be also required to comply with the national Labor Code (Chapter X) on gender equality in the work place, which will include provision of maternity leave and nursing breaks and sufficient and suitable toilet and washing facilities, separate from men and women workers. The contractor will be also required to enable safety in the workplace to address potential sexual exploitation or harassment in recruitment or retention of skilled or unskilled female workers supported, and potential discrimination along ethnic lines under the project. 6) COVID risks: World Health Organization (WHO) is maintaining a website specific to the COVID-19 pandemic with up-to-date country and technical guidance. As the situation P a g e | 25 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) remains fluid it is critical that those managing both the national response as well as specific Health Care Facilities (HCF) and programs keep abreast of guidance provided by the WHO and other international best practice. WHO resources include technical guidance on: (i) laboratory biosafety, (ii) infection prevention and control, (iii) rights, roles and responsibilities of health workers, including key considerations for occupational safety and health, (iv) water, sanitation, hygiene and waste management, (v) quarantine of individuals, (vi) rational use of Personal Protective Equipment (PPE), (vii) oxygen sources and distribution for COVID-19 treatment centers. 52. Monitoring and reporting. The contractor shall report to the PMU and to the Construction Supervision Consultants (CSC) on the status of implementation of the above policies and procedures on a monthly basis. The PMU and the construction and supervision consultants will closely monitor the contractor/subcontractor on labor and occupational health and safety performance and report to the World Bank on a quarterly basis (see Chapter 11 for more details). 53. Fatality and serious incidents. In the event of an occupational fatality or serious injury, the PMU shall report to the Bank as soon as becoming aware of such incidents, and inform the government authorities (where available) in accordance with national reporting requirements (Labor Code Chapter IX, section 2). Corrective actions shall be implemented in response to project-related incidents or accidents. The PMU or, where relevant the contractor, will be required to conduct a root cause analysis for designing and implementing further corrective actions. P a g e | 26 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Table 5. Overview of Project Policies and Indicative Procedures to Address Key Labor Risks Key labor risks Policies to address risks Procedures to back up the policy 1. OHS risks o In conformity with OHS requirements as set out in o Select legitimate and reliable contractor through screening OHS records. Labor Code (Chapter IX Articles 133-134), ESS2 o Address adequately OHS risks with non-compliance remedies in (including WBG EHSGs), the Project ESMP and WB procurement documents. standard procurement documents. o Require the contractor to engage qualified OHS staffing o Enhance workplace OHS awareness and training. o Provide materials for handwashing and hygiene at work sites. o Provide masks in case of infectious disease outbreaks. o Practice social distancing on the worksite, following national and international guidelines. o Conduct routine monitoring and reporting. 2. Child labor o Set the minimum age of project workers eligible for o Include minimum age in procurement documents. any type for work (including construction work) at 18 o Raise awareness on child protection with contractors and in the years. communities. o Allow the engagement of project workers between o Maintain labor registry of all contracted workers with age verification. the age of 15 and under 18 years only for non- o Develop remedial procedures to deal with child labor incidents. hazardous work that would not interfere with the child’s education in accordance with ESS2. 3. Labor influx o Minimize the labor influx by prioritizing local o Require the contractor to preferentially engage unskilled local workforce workforce. from the local communities. o Minimize labor-related risks on the community o Make all contracted workers sign code of conduct, including prevention of through the required compliant with the code of SEA/SH. conduct, including GBV. o Make all contracted workers to follow the rules for on-site behavior (with colleagues) and conduct in the community. o Conduct induction and toolbox talks outlining expected conduct and local community values. o Introduce disciplinary measures for violations and misbehaviors. P a g e | 27 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Key labor risks Policies to address risks Procedures to back up the policy 4. Labor disputes o Respect the national Labor Code and promptly o Provide workers with contracts with fair terms and conditions. address workplace grievances to minimize the risk of o Have grievance mechanisms in place to promptly address workplace labor disputes. concerns. o Respect the national Labor Code on workers’ right of labor unions and freedom of association. 5. Discrimination o Promote no discrimination and equal opportunity o Require the contractor to employ vulnerable groups as part of unskilled and exclusion with respect to any aspects of the employment workforce. of vulnerable relationship. o Provide maternity leave and nursing breaks where relevant. or o Arrange sufficient and suitable toilet and washing facilities, separate for disadvantaged men and women workers. groups o Require the contractor to address potential sexual exploitation or harassment in recruitment or retention of skilled or unskilled female workers. o Require the non-discrimination and harassment and should be socialized/basis for training and covers potential ethnic discrimination. 6. Security risks o Take appropriate and proportionate security measures o Arrange security protection to be determined by security authorities to to minimize the potential risk to the workers. address external security risks (such as terrorism and armed insurgency). o Restrict work hours to minimize security threat. o Maintain low profile of the site and workers. o Address internal security risks associated with the deployment of security personnel on the community and project workers in line with the WB Good Practice Note “Assessing and Managing the Risks and Impacts of the Use of Security Personnelâ€? (such as the training of security officers on the principles of proportionality in the use of force.). 7. COVID-19 o Workforce will facilitate consideration of appropriate o Conducting pre-employment health checks specific risks mitigation to address the risks o Controlling entry and exit from site/workplace o Reviewing accommodation arrangements, to see if they are adequate and P a g e | 28 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Key labor risks Policies to address risks Procedures to back up the policy designed to reduce contact with the community o Reviewing contract durations, to reduce the frequency of workers entering/exiting the site o Rearranging work tasks or reducing numbers on the worksite to allow social/physical distancing, or rotating workers through a 24-hour schedule o Providing appropriate forms of personal protective equipment (PPE) o Putting in place alternatives to direct contact, like tele-medicine appointments and live stream of instructions o Annex 2 details various requirement and procedure to address COVID-19 working conditions for Contracted Workers. o ** Contractors also need to develop specific procedures or plans so that adequate precautions are in place to prevent or minimize an outbreak of COVID-19 (Refer to Annex 1 - Contractor’s general guide COVID-19 considerations in construction/civil works following World Bank Interim Notes on Construction of Civil Work. P a g e | 29 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) VIII. AGE OF EMPLOYMENT 54. Age limitation for hazardous work. As mentioned, the Labor Code (Articles 143- 147, Section 1, Chapter 1) states that it is not allowed to use under 15-year-old employees, except for professions and jobs to be defined by Ministry of Labor - Invalids and Social Affairs. Similarly, ESS2 (para 19) sets out further conditions on the minimum age, stating that a child over the minimum age and under the age of 18 will not be employed or engaged in connection with the Bank-financed project in a manner that is likely to hazardous6 or interfere with the child’s education or be harmful to the child’s health or physical, mental and any other relevant development. Considering these national and WB requirements, the minimum age for hazardous work under the VPIUR (including construction) is set at 18 (for example, work at quarries to obtain construction materials; work with dangerous machinery, equipment or tools; work involving handling or transport of heavy loads; or work at height). 55. Minimum age for project workers. The national Labor Code as well as ESS2 allow persons under 18 and over 15 to be engage if the work is non-hazardous and does not interfere with the child’s education and not harmful to the child’s development (for example, administrative work, site cleaning or rubbish removal). Considering this, the minimum age of project workers for such (non- hazardous) work under the VPIUR is set at 15 and the minimum age of project workers eligible for construction works is set at 18. 56. The process of age verification. All work contracts shall have contractual provisions to comply with the minimum age requirements including penalties for non-compliance, and it will be well communicated to all potential stakeholders including the local community where the unskilled workforce will be sourced. Contractors will be required to verify and identify the age of all workers. The contractors are required to maintain labor registry of all contracted workers with age information. Verification of the age shall be undertaken prior to the engagement of labor and be documented based on the workers’ ID or other relevant legal documents. This will require workers to provide official documentation, which could include a birth certificate, national identification card, passport or relevant legal documents. If a minor under the minimum labor eligible age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the minor in a responsible manner, taking into account the best interest of the minor. 57. COVID 19 consideration: Where the activities involve possible exposure to COVID-19, prohibit children under 18 from being employed due to the hazardous nature of the work (e.g. in health care facilities and medical waste treatment). IX. TERMS AND CONDITIONS OF EMPLOYMENT 58. Direct workers. The terms and conditions for direct workers in PMU and the construction and supervision consultants will be governed by the Standard World Bank Consultancy which set higher standards than the national Labour Code. 59. Contracted workers. Labour Code of Vietnam presented in Chapter 3 (Overview of Labour Legislation) above is the guiding legislation on employment terms and conditions for contracted workers. 60. Provision of written individual contract of employment. A written individual contract of employment shall be provided to workers that specify the following: (a) name of workers; P a g e | 30 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) (b) address, occupation, age and sex of workers; (c) employer’s name and address; (d) nature and duration of contract; (e) hours and place of work; (f) remuneration payable to the worker; (g) procedure for suspension or termination of contract. Depending on the origin of the employer and the employee, employment terms and conditions will be communicated in a language that is understandable to both parties. In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulty understanding the documentation. 61. Notice for termination of contract. Either of the contracting parties may terminate a contract of employment by giving written notice as under: (a) not less than ten days in the case of manual workers; or (b) not less than 30 days in the case of non-manual workers. No notice needs to be given in case the duration of contract does not exceed one month. 62. Minimum Wages. While the mechanism to set the official minimum wage is prescribed by the State (Labour Code, Article 91) is not currently functioning, the market rate is available for each job type in different locality. The fair market rate will be identified and applied for the VPIUR’s workers. 63. Hours of Work. The normal hour of work of a project worker shall not exceed 8 hours a day or 48 a week (Labour Code, Article 105). Hours worked in excess of the normal hours of work shall not exceed 12 hours a week and shall entitle a worker to a proportionate increase in remuneration. 64. Rest per week. Employees are entitled to rest at least 24 consecutive hours. In some special cases, owing to labour cycle, if employees cannot take weekly rest, employers are responsible for ensuring that their employees are entitled to at 4 days off per months on average. 65. Annual leave. The employee is entitled to take the day off and receive full salary during State holidays. 66. Maternity leave. A female worker shall be entitled, on presentation of a medical certificate indicating the expected date of her confinement, to 6 months maternity leave before and after giving birth; prenatal leave is not exceeding 2 months. In case of twins or more, from the second child, mother is entitled to 1 extra month off for each child (Art 139). During maternity leave, the female employee is entitled to maternity benefits as regulated in the Law on Social Insurance. 67. Deductions from remuneration. No deductions other than those prescribed by the Code (Article 102) or regulations made hereunder, or any other law or collective Labour agreement shall be made from a worker’s remuneration, except for repayment of advances received from the employer and evidenced in writing. The contractor shall not demand or accept from workers any cash payments or presents of any kind in return for admitting them to employment or for any other reasons connected with the terms and conditions of employment. 68. Death benefit. In case of death of a worker during his contract of employment, the employer shall pay to his heirs an amount equivalent to 30 months’ wages (Art. 38). 69. Medical treatment of injured and sick workers. It shall be the duty of the employer to pay full wage as stipulated in the employment contract to the employee suffering from occupational accidents or occupational diseases during the medical leave for the medical treatment (article 144). 70. Collective Agreements. A collective agreement is an agreement relating to terms and conditions of work concluded between the representatives of one or more trade unions, on the one hand, and the representatives of one or more employers, on the other hand. Where collective P a g e | 31 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) agreements exist between the employer and project workers, such agreements will be applied, where relevant. X. GRIEVANCE REDRESS MECHANISM 10.1. GRM Relating to The Complaint Handling Linked to Labor Issue 71. While the VPIUR will have in place a grievance mechanism to address concerns of project- affected parties, the nature of workplace concerns of workers is usually different. For example, typical workplace grievances include demand for employment opportunities; labour wages rates and delays of payment; disagreement over working conditions; and health and safety concerns in work environment. Therefore, a separate grievance mechanism will be established for project workers (direct workers and contracted workers) as required in ESS2. 72. Handling of grievances should be objective, prompt and responsive to the needs and concerns of the aggrieved workers. Different ways in which workers can submit their grievances should be allowed, such as submissions in person, by phone, text message, mail and email. The grievance raised should be recorded and acknowledged within one day. While the timeframe for redress will depend on the nature of the grievance, health and safety concerns in work environment or any other urgent issues should be addressed immediately. Where the grievance cannot be addressed within a reasonable timeframe, the aggrieved worker should be informed in writing, so that the worker can consider proceeding to the State inspection on labour (see below for more details). The mechanism will also allow for anonymous complaints to be raised and addressed. Individuals who submit their comments or grievances may request that their name be kept confidential. 73. Direct workers. Each unit engaging direct workers (PMU and the CSCs) will hold periodic team meetings to discuss any workplace concerns. The grievance raised by workers will be recorded with the actions taken by each unit. The summary of grievance cases will be reported to the World Bank as part of the regular report. Where the aggrieved direct worker wishes to escalate their issue or raise their concerns anonymously and/or to a person other than their immediate supervisor/hiring unit, the worker may raise the issue with responsible municipal authorities (e.g. DOLISA), where relevant. Where the construction and supervision consultants have an existing grievance system, their direct workers should use such mechanism. 74. Contracted workers. The site manager and the OHS officer (or any other appropriate officers) of the contractor will hold a daily team meeting with all present contracted workers at site at the end of the daily work to discuss any workplace grievances. The grievance raised will be recorded with the actions taken by the contractor. The summary of grievance cases will be reported to the PMU and the CSC as part of contractor’s periodic report. Where appropriate and available, the contracted workers should be allowed to utilize an existing grievance mechanism within the contractor. Where the aggrieved workers wish to escalate their issue or raise their concerns anonymously and/or to a person other than their immediate supervisor, the workers may raise their issue with the PMU and/or the CSC. The contracted workers will be informed of the grievance mechanism prior to the commencement of work. The contact information of the PMU and/or the CSC will be shared with contracted workers. 75. State Inspection on Labour, Sanctions Against Violations of Labour Legislation. As per the Labour Code (Articles 237-239), the labour inspector is mandated to settle complaints and P a g e | 32 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) denunciations of employees of violations of the labour legislation and to receive and settle complaints and denunciations about violations of the labour legislation, as prescribed by law. 76. Grievance Handling Procedure. The section provides different scenarios with responsibilities of grievances relating to the complaint handling linked to labour issue. The key purpose of this exercise is to present GRM process in an effective and user-friendly manner. Table 6. GRM Procedures for Complaint Handling Process Steps Complainants GRM Functions Timeframe Community level GRM/mediation: The Affected Person (AP)/workers/complainant (or his/her representative) may submit his/her complaint in several ways e.g. by written letter, phone, SMS messages and email to the GRM or, alternatively, raise his/her voice in a public or individual meeting with project staff. • Conduct public consultations among the affected communities to use grievance service. • Register a grievance in the project logbook and Submission of complaint to grievance database. 1 the local or community level 7- 14 days • Segregate/sort and process. GRM/mediation • Acknowledge and follow up of grievance. • Verify investigate, and act • Provide written response to the complainants. Project or Site level GRM: (a) Project Level GRM: If resolution at local/community level is unsuccessful, or the Affected Person (AP) can take his or her complaint to project level GRM. • Conduct coordinating meetings among Submission of grievance to complainants/public and appropriate the project level GRM 15 days 2 administration levels. through one of the channels • Provide written response to the complainant. • Provide written response to the complainant (b) GRM for Workers: The project workers (all three categories, direct workers, contracted workers and primary supply workers) can directly register their complaints with the GRM for workers. The members of this GRM will be trained to be capable to address grievances by workers, including workplace complaints in an efficient and effective manner to meet national regulations on labors and World Bank ESS2. Workers or labor association will submit their grievance to • Refer workers related complaints to the Workers 7 days 3 the GRM for Workers GRM (See Section 10.2 for more details) through one of the channels Provincial Level GRM: In case the grievance is not resolved within 10 days of its receipt or it is unattended, the complainant can approach the provincial level GRM or to the court. The grievance will be examined and P a g e | 33 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Steps Complainants GRM Functions Timeframe addressed within 30 days. Workers, labor associations • Conduct coordinating meetings/ resolution or the AP can refer the sessions with complainants. 4 30 days complaint to the provincial • Investigate the complaints. GRM • Provide written response to the complainants. Referee Level: If all above fails, the last recourse is the stipulations in the Labor Code. 10.2. Workers’ Grievance Mechanism 77. The worker’s grievance mechanism will be maintained applying the existing national grievance redress mechanism for workers. The PMU will require contractors to develop and implement the grievance mechanism for their workforce including subcontractors, prior to the start of civil works. The workers’ grievance mechanism will include: • A procedure to receive grievances such as comment/complaint form, suggestion boxes, email, a telephone hotline; • Stipulated timeframes to respond to grievances; • A register to record and track the timely resolution of grievances; • A responsible department to receive, record and track resolution of grievances. 78. The construction supervision consultant will monitor the contractors’ recording and resolution of grievances, and report these to the PMU in their monthly progress reports. The process will be monitored by the GRM focal point. The workers’ grievance mechanism will be described in staff induction trainings, which will be provided to all project workers. 79. The mechanism will be based on the following principles: • The process will be transparent and allow workers to express their concerns and file grievances; • There will be no discrimination against those who express grievances and any grievances will be treated confidentially; • Anonymous grievances will be treated equally as other grievances, whose origin is known; • Management will treat grievances seriously and take timely and appropriate action in response. Information about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxesâ€?, and other means as needed. 80. Grievance Handling Procedure. The section provides different scenarios with responsibilities of grievances relating to the complaint handling linked to labor issue. The key purpose of this exercise is to present GRM process in an effective and user-friendly manner. (1) For first-time complaint, workers can send their complaints to employer. In 7 working days, employers must inform (in writing) complainants the receipt of the complaints and processing process. In 30 days (from the receipt date) [45 days for difficult areas], employer must issue a decision (45 days for complex cases) [60 days for difficult areas]. Decision must be sent to complaints in 03 working days from the date where the complaint decision is issued. P a g e | 34 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) (2) For second-time complaint, in 30 days (45 days for difficult areas) from the date of receiving complaint decision or from the date where the prescription of the first-time complaint is expired, workers can send their complaint to competent agencies [DOLISA]. In 7 working days, DOLISA must inform (in writing) complainants the receipt of the complaints and processing process. In 45 days (from the receipt date) [60 days for difficult areas], DOLISA must issue a decision (60 days for complex cases) [90 days for difficult areas]. Decision must be sent to complaints in 03 working days from the date where the complaint decision is issued. (3) In case where workers (complainants) disagree with complaint decision (1st time or 2nd time), they have the option to bring the case to the Court in 30 days after the complaint decision is issued. If the complainants agree with the decision, the latter will then be implemented by relevant parties. THE WORKERS’ GRIEVANCE PROCESS CHART Follow up with Grievance Redress World Bank Office Services (GRS) Notify If not resolved Management level If resolved Follow up with World Bank & GRM monitor Independent Monitor If not resolved Project level If resolved Provincial People’s Chief Inspector - Provincial PC Office Court DOLISA Secretariat If not resolved 2nd Complaint If resolved City/District Employers/trade unions Vinh PMU and/or the CSC People’s Court 1st Complaint If not resolved Major issues If resolved The site manager and the Complainant/Worker OHS officer Site (grassroot) level 10.3. Grievances Related to Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) 81. To avoid the risk of stigmatization, exacerbation of the mental/psychological harm and potential reprisal, the GRM shall have a different and sensitive approach to SEA/SH related cases. The GRM equally applies to workers who experience SEA/SH. Where such a case is reported to the GRM, it should immediately be referred to the appropriate service providers, such as medical and P a g e | 35 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) psychological support, emergency accommodation, and any other necessary services. It should also be reported to the safeguard staff of the PMU who can advise on relevant service providers. Data on SEA/SH cases should not be collected through the GRM unless operators have been trained on the empathetic, non-judgmental and confidential collection of these complaints. Only the nature of the complaint (what the complainant says in her/his own words) and additional demographic data, such as age and gender, can be collected as usual. 10.4. Publicizing the GRM 82. The PMU will be in charge of publicizing the GRM. PMUs should ensure that GRM is explained during public meetings. PMUs should also ensure that leaflets on GRM are distributed during public meetings and made available at ward/commune levels with contact numbers of the focal person for the GRM. Posters will be also posted at ward/commune levels. 83. The following procedures shall be followed while filing and processing complaints through the above described GRM structures: • Grievance Register Book: A grievance register book shall be opened and kept in the office of resident engineer. All grievances shall be registered when and upon the receipt of complaints from the aggrieved. The book shall have: i) case reference number, ii) the aggrieved name, iii) the date the case is received, iv) the date the case is resolved and, v) a remarks column; • Responsibility for Registering Complains: the resident focal point in the project area shall register in the Grievance Register Book all written complaints received; • Case Receipt: Within 24 hours of receiving complaints, the monitoring consultant shall issue a letter to the aggrieved acknowledging receipt of the case and providing a date when the case will be reviewed as well as the venue; • Public Access to the book: The book shall be accessible to the public; • SEA/SH grievances will not be documented in the public accessible book. SEA/SH risk assessment shows that the project is LOW risk of SEA/SH, and mitigation measures are recommended as follows: (i) Engage a qualified institution to conduct community and workers’ training and awareness on HIV/AIDS, SEA/SH and COVID-19 response; (ii) Awareness raising on grievance/feedback processes for reporting SEA/SH cases (referral pathways and response protocol) as part of LMP and SEP; (iii) The contractor and PMU are responsible to manage workers through implementation of C-ESMP throughout project implementation; (iv) Independent monitoring consultant is responsible to monitor the implementation of mitigation measures set up in C-ESMP and ESHS for social risks and impacts related to labor influx; and (v) The all-level women’s unions will be engaged for awareness raising and ensure a system that capture SEA/SH and HIV/AIDS related issues will be developed. • PAPs: All PAPs who have issues with their compensation and assistances are required to submit written complaints to the appropriate level of GRMs; • Mediation meetings and outcomes will be recorded and kept by the GRM person-in-charge. P a g e | 36 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) XI. CONTRACTOR MANAGEMENT 84. Selection of Contractors. The VPIUR Project will use the World Bank Standard Procurement Documents for Works for solicitations and contracts. These include labor and occupational, health and safety requirements. The PMU shall make reasonable efforts to ascertain that the contractor who will engage contracted workers is legitimate and reliable entities and able to comply with the relevant requirements under the LMP. Such requirements shall be included in the bidding documents. As part of the process to select the contractors who will engage contracted workers, the PMU may review the following information: • Business licenses, registrations, permits, and approvals; • Public records, for example, corporate registers and public documents relating to violations of applicable Labor Code; accident and fatality records and notifications to authorities; labor- related litigations; • Documents relating to the contractor’s labor management system and OHS system (e.g., HR manuals, safety program); ESHS personnel and their qualification; • Previous contracts with contractors and suppliers, showing inclusion of provisions and terms reflecting ESS2. 85. Contractual Provisions and Non-Compliance Remedies. The PMU shall incorporate the agreed labor management requirements as specified in the bidding documents into contractual agreements with the contractor, together with appropriate non-compliance remedies (such as the provision on withholding 10 % of monthly payment to the contractor in case of non-compliance with relevant environmental, social, health and safety requirements; removal of personnel from the works; or lack in the OHS performance security). In the case of subcontracting, the PMU will require the contractor to include equivalent requirements and non-compliance remedies in their contractual agreements with subcontractors. 86. Performance Monitoring. The PMU shall establish resources and procedures for managing and monitoring the performance of the contractor in relation to the LMP. The PMU will ensure that the contract with the construction and supervision consultants explicitly set out their monitoring responsibility for the contractor’s performance on labor and working conditions on a daily basis. The monitoring may include, inspections, and/or spot checks of project locations or work sites and/or of labor management records and reports compiled by the contractor. Contractors’ labor management records and reports that should be reviewed would typically include the following: • Representative samples of employment contracts and signed code of conduct; • Grievances received from the community and workers and their resolution; • Reports relating to fatalities and incidents and implementation of corrective actions; • Records relating to incidents of non-compliance with national Labor Code and the provisions of the LMP; and • Records of training provided for contracted workers to explain occupational health and safety risks and preventive measures. • Reporting on COVID-19 issues, and liaising with other relevant parties 87. The Project requires that contractors monitor, keep records and report on terms and conditions related to Labor management. The contractor must provide workers with evidence of all payments made, including social security benefits, pension contributions or other entitlements regardless of the worker being engaged on a fixed term contract, full-time, part-time or temporarily. The application P a g e | 37 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) of this requirement will be proportionate to the activities and to the size of the contract, in a manner acceptable to the PMU and the World Bank: • Labor conditions: records of workers engaged under the Project, including contracts registry of induction/training of workers including Code of Conduct, hours worked, remuneration and deductions (including overtime), collective bargaining agreements. • Safety: recordable incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases), first aid cases, high potential near misses, and remedial and preventive activities required (for example, revised job safety analysis, new or different equipment, skills training, and so forth). • Workers: number of workers, indication of origin (expatriate, local, nonlocal nationals), gender, age with evidence that no child Labor is involved, and skill level (unskilled, skilled, supervisory, professional, management). • Training/induction: dates, number of trainees (males and females), and topics. • Details of any security risks: details of risks the contractor may be exposed to while performing its work- the threats may come from third parties external to the project. • Worker grievances: details including occurrence date, grievance, and date submitted; actions taken and dates; resolution (if any) and date; and follow-up yet to be taken— grievances listed should include those received since the preceding report and those that were unresolved at the time of that report. • COVID-19 management: detail including the specific requirements for certain types of contractors, medical insurance covering treatment for COVID-19, specific procedures relating to the workplace and the conduct of the work. XII. PRIMARY SUPPLIER 88. Potential risks in primary supply workers. The construction work under the Project will require primary supplies including construction materials essential for the functions of the proposed infrastructure, such as aggregates, bitumen and precast concrete interlocking blocks. Some contractors may be able to produce such construction materials by their workforce. However, where the contractor will source (a) essential materials (b) directly from primary suppliers (c) on an ongoing basis, the workers engaged by such primary suppliers (that meet all three criteria (a) to (c)) are deemed “primary supply workersâ€?, as defined in ESS2. As discussed in Chapter 3 (Key Labour Risks), the OHS risks are also deemed to be generally significant in the construction sector including quarry sites where there is no functioning Labour inspection mechanism. To address these potential risks, the following measures will be taken: • Selection of primary suppliers. When sourcing construction materials from primary suppliers, the contractor will require such suppliers to identify the risk of child labor/force labor and serious safety risks in producing the construction materials. The PMU and the construction supervision consultants (CSCs) will review and approve the purchase of primary supplies from the suppliers following such risk identification/assessment and any other relevant due diligence (such as the review of license for quarries). Where appropriate, the contractor will be required to include specific requirements on child labor/forced labor and work safety issues in all purchase orders and contracts with primary suppliers. P a g e | 38 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Remedial process. If child labor/forced labor and/or serious safety incidents are identified in relation to primary supply workers under the Project, the PMU and the CSCs will require the primary supplier to take appropriate steps to remedy them. Such mitigation measures will be monitored periodically to ascertain their effectiveness. Where the mitigation measures are found to be ineffective, the PMU and the CSCs will, within reasonable period, shift the project’s primary suppliers to suppliers that can demonstrate that they are meeting the relevant requirements. P a g e | 39 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) ANNEX Annex 1: Contractor’s General Guide COVID-19 Considerations in Construction/Civil Works INTRODUCTION. The Contractor should identify measures to address the COVID-19 situation. What will be possible will depend on the context of the project: the location, existing project resources, availability of supplies, capacity of local emergency/health services, the extent to which the virus already exist in the area. A systematic approach to planning, recognizing the challenges associated with rapidly changing circumstances, will help the project put in place the best measures possible to address the situation. As discussed above, measures to address COVID-19 may be presented in different ways (as a contingency plan, as an extension of the existing project emergency and preparedness plan or as standalone procedures). Implementing Agencies (IA) and contractors should refer to guidance issued by relevant authorities, both national and international (e.g. WHO), which is regularly updated (WHO advice for the public, including on social distancing, respiratory hygiene, self-quarantine, and seeking medical advice, can be consulted on this WHO website: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-forpublic). Addressing COVID-19 at a project site goes beyond occupational health and safety, and is a broader project issue which will require the involvement of different members of a project management team. In many cases, the most effective approach will be to establish procedures to address the issues, and then to ensure that these procedures are implemented systematically. Where appropriate given the project context, a designated team should be established to address COVID-19 issues, including PMU representatives, the Supervising Engineer, management (e.g. the project manager) of the contractor and sub-contractors, security, and medical and OHS professionals. Procedures should be clear and straightforward, improved as necessary, and supervised and monitored by the COVID-19 focal point(s). Procedures should be documented, distributed to all contractors, and discussed at regular meetings to facilitate adaptive management. The issues set out below include a number that represent expected good workplace management but are especially pertinent in preparing the project response to COVID-19. (a) ASSESSING WORKFORCE CHARACTERISTICS Many construction sites will have a mix of workers e.g. workers from the local communities; workers from a different part of the country; workers from another country. Workers will be employed under different terms and conditions and be accommodated in different ways. Assessing these different aspects of the workforce will help in identifying appropriate mitigation measures: • The Contractor should prepare a detailed profile of the project work force, key work activities, schedule for carrying out such activities, different durations of contract and rotations (e.g. 4 weeks on, 4 weeks off). • This should include a breakdown of workers who reside at home (i.e. workers from the community), workers who lodge within the local community and workers in on-site accommodation. Where possible, it should also identify workers that may be more at risk from COVID-19, those with underlying health issues or who may be otherwise at risk. • Consideration should be given to ways in which to minimize movement in and out of site. This could include lengthening the term of existing contracts, to avoid workers returning home to affected areas, or returning to site from affected areas. P a g e | 40 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Workers accommodated on site should be required to minimize contact with people near the site, and in certain cases be prohibited from leaving the site for the duration of their contract, so that contact with local communities is avoided. • Consideration should be given to requiring workers lodging in the local community to move to site accommodation (subject to availability) where they would be subject to the same restrictions. • Workers from local communities, who return home daily, weekly or monthly, will be more difficult to manage. They should be subject to health checks at entry to the site (as set out above) and at some point, circumstances may make it necessary to require them to either use accommodation on site or not to come to work. (b) ENTRY/EXIT TO THE WORK SITE AND CHECKS ON COMMENCEMENT OF WORK Entry/exit to the work site should be controlled and documented for both workers and other parties, including support staff and suppliers. Possible measures may include: • Establishing a system for controlling entry/exit to the site, securing the boundaries of the site, and establishing designating entry/exit points (if they do not already exist). Entry/exit to the site should be documented. • Training security staff on the (enhanced) system that has been put in place for securing the site and controlling entry and exit, the behaviors required of them in enforcing such system and any COVID - 19 specific considerations. • Training staff who will be monitoring entry to the site, providing them with the resources they need to document entry of workers, conducting temperature checks and recording details of any worker that is denied entry. • Confirming that workers are fit for work before they enter the site or start work. While procedures should already be in place for this, special attention should be paid to workers with underlying health issues or who may be otherwise at risk. Consideration should be given to demobilization of staff with underlying health issues. • Checking and recording temperatures of workers and other people entering the site or requiring self-reporting prior to or on entering the site. • Providing daily briefings to workers prior to commencing work, focusing on COVID-19 specific considerations including cough etiquette, hand hygiene and distancing measures, using demonstrations and participatory methods. • During the daily briefings, reminding workers to self-monitor for possible symptoms (fever, cough) and to report to their supervisor or the COVID-19 focal point if they have symptoms or are feeling unwell. • Preventing a worker from an affected area or who has been in contact with an infected person from returning to the site for 14 days or (if that is not possible) isolating such worker for 14 days. • Preventing a sick worker from entering the site, referring them to local health facilities if necessary or requiring them to isolate at home for 14 days. (c) GENERAL HYGIENE Requirements on general hygiene should be communicated and monitored, to include: P a g e | 41 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Training workers and staff on site on the signs and symptoms of COVID-19, how it is spread, how to protect themselves (including regular hand washing and social distancing) and what to do if they or other people have symptoms (for further information see WHO COVID-19 advice for the public). • Placing posters and signs around the site, with images and text in local languages. • Ensuring hand washing facilities supplied with soap, disposable paper towels and closed waste bins exist at key places throughout site, including at entrances/exits to work areas; where there is a toilet, canteen or food distribution, or provision of drinking water; in worker accommodation; at waste stations; at stores; and in common spaces. Where hand washing facilities do not exist or are not adequate, arrangements should be made to set them up. Alcohol based sanitizer (if available, 60- 95% alcohol) can also be used. • Review worker accommodations, and assess them in light of the requirements set out in IFC/EBRD guidance on Workers’ Accommodation: processes and standards, which provides valuable guidance as to good practice for accommodation. • Setting aside part of worker accommodation for precautionary self-quarantine as well as more formal isolation of staff who may be infected. (d) CLEANING AND WASTE DISPOSAL Conduct regular and thorough cleaning of all site facilities, including offices, accommodation, canteens, common spaces. Review cleaning protocols for key construction equipment (particularly if it is being operated by different workers). This should include: • Providing cleaning staff with adequate cleaning equipment, materials and disinfectant. • Review general cleaning systems, training cleaning staff on appropriate cleaning procedures and appropriate frequency in high use or high-risk areas. • Where it is anticipated that cleaners will be required to clean areas that have been or are suspected to have been contaminated with COVID-19, providing them with appropriate PPE: gowns or aprons, gloves, eye protection (masks, goggles or face screens) and boots or closed work shoes. If appropriate PPE is not available, cleaners should be provided with best available alternatives. • Training cleaners in proper hygiene (including handwashing) prior to, during and after conducting cleaning activities; how to safely use PPE (where required); in waste control (including for used PPE and cleaning materials). • Any medical waste produced during the care of ill workers should be collected safely in designated containers or bags and treated and disposed of following relevant requirements (e.g., national, WHO). If open burning and incineration of medical wastes is necessary, this should be for as limited a duration as possible. Waste should be reduced and segregated, so that only the smallest amount of waste is incinerated (for further information see WHO interim guidance on water, sanitation and waste management for COVID-19). (e) ADJUSTING WORK PRACTICES Consider changes to work processes and timings to reduce or minimize contact between workers, recognizing that this is likely to impact the project schedule. Such measures could include: • Decreasing the size of work teams. • Limiting the number of workers on site at any one time. • Changing to a 24-hour work rotation. P a g e | 42 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Adapting or redesigning work processes for specific work activities and tasks to enable social distancing, and training workers on these processes. • Continuing with the usual safety trainings, adding COVID-19 specific considerations. Training should include proper use of normal PPE. While as of the date of this note, general advice is that construction workers do not require COVID-19 specific PPE, this should be kept under review (for further information see WHO interim guidance on rational use of personal protective equipment (PPE) for COVID-19). • Reviewing work methods to reduce use of construction PPE, in case supplies become scarce or the PPE is needed for medical workers or cleaners. This could include, e.g. trying to reduce the need for dust masks by checking that water sprinkling systems are in good working order and are maintained or reducing the speed limit for haul trucks. • Arranging (where possible) for work breaks to be taken in outdoor areas within the site. • Consider changing canteen layouts and phasing meal times to allow for social distancing and phasing access to and/or temporarily restricting access to leisure facilities that may exist on site, including gyms. • At some point, it may be necessary to review the overall project schedule, to assess the extent to which it needs to be adjusted (or work stopped completely) to reflect prudent work practices, potential exposure of both workers and the community and availability of supplies, taking into account Government advice and instructions. (f) PROJECT MEDICAL SERVICES Consider whether existing project medical services are adequate, taking into account existing infrastructure (size of clinic/medical post, number of beds, isolation facilities), medical staff, equipment and supplies, procedures and training. Where these are not adequate, consider upgrading services where possible, including: • Expanding medical infrastructure and preparing areas where patients can be isolated. Guidance on setting up isolation facilities is set out in WHO interim guidance on considerations for quarantine of individuals in the context of containment for COVID-19. Isolation facilities should be located away from worker accommodation and ongoing work activities. Where possible, workers should be provided with a single well-ventilated room (open windows and door). Where this is not possible, isolation facilities should allow at least 1 meter between workers in the same room, separating workers with curtains, if possible. Sick workers should limit their movements, avoiding common areas and facilities and not be allowed visitors until they have been clear of symptoms for 14 days. If they need to use common areas and facilities (e.g. kitchens or canteens), they should only do so when unaffected workers are not present and the area/facilities should be cleaned prior to and after such use. • Training medical staff, which should include current WHO advice on COVID-19 and recommendations on the specifics of COVID-19. Where COVID-19 infection is suspected, medical providers on site should follow WHO interim guidance on infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected. • Training medical staff in testing, if testing is available. • Assessing the current stock of equipment, supplies and medicines on site, and obtaining additional stock, where required and possible. This could include medical PPE, such as P a g e | 43 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) gowns, aprons, medical masks, gloves, and eye protection. Refer to WHO guidance as to what is advised (for further information see WHO interim guidance on rational use of personal protective equipment (PPE) for COVID-19). • If PPE items are unavailable due to world-wide shortages, medical staff on the project should agree on alternatives and try to procure them. Alternatives that may commonly be found on constructions sites include dust masks, construction gloves and eye goggles. While these items are not recommended, they should be used as a last resort if no medical PPE is available. • Ventilators will not normally be available on work sites, and in any event, intubation should only be conducted by experienced medical staff. If a worker is extremely ill and unable to breathe properly on his or her own, they should be referred immediately to the local hospital (see (g) below). • Review existing methods for dealing with medical waste, including systems for storage and disposal (for further information see WHO interim guidance on water, sanitation and waste management for COVID-19, and WHO guidance on safe management of wastes from health- care activities). (g) LOCAL MEDICAL AND OTHER SERVICES Given the limited scope of project medical services, the project may need to refer sick workers to local medical services. Preparation for this includes: • Obtaining information as to the resources and capacity of local medical services (e.g. number of beds, availability of trained staff and essential supplies). • Conducting preliminary discussions with specific medical facilities, to agree what should be done in the event of ill workers needing to be referred. • Considering ways in which the project may be able to support local medical services in preparing for members of the community becoming ill, recognizing that the elderly or those with pre-existing medical conditions require additional support to access appropriate treatment if they become ill. • Clarifying the way in which an ill worker will be transported to the medical facility, and checking availability of such transportation. • Establishing an agreed protocol for communications with local emergency/medical services. • Agreeing with the local medical services/specific medical facilities the scope of services to be provided, the procedure for in-take of patients and (where relevant) any costs or payments that may be involved. • A procedure should also be prepared so that project management knows what to do in the unfortunate event that a worker ill with COVID-19 dies. While normal project procedures will continue to apply, COVID-19 may raise other issues because of the infectious nature of the disease. The project should liaise with the relevant local authorities to coordinate what should be done, including any reporting or other requirements under national law. (h) INSTANCES OR SPREAD OF THE VIRUS WHO provides detailed advice on what should be done to treat a person who becomes sick or displays symptoms that could be associated with the COVID-19 virus (for further information see WHO interim guidance on infection prevention and control during health care when novel coronavirus (nCoV)) infection is suspected). The project should set out risk-based procedures to be P a g e | 44 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) followed, with differentiated approaches based on case severity (mild, moderate, severe, critical) and risk factors (such as age, hypertension, diabetes). These may include the following: • If a worker has symptoms of COVID-19 (e.g. fever, dry cough, fatigue) the worker should be removed immediately from work activities and isolated on site. • If testing is available on site, the worker should be tested on site. If a test is not available at site, the worker should be transported to the local health facilities to be tested (if testing is available). • If the test is positive for COVID-19 or no testing is available, the worker should continue to be isolated. This will either be at the work site or at home. If at home, the worker should be transported to their home in transportation provided by the project. • Extensive cleaning procedures with high-alcohol content disinfectant should be undertaken in the area where the worker was present, prior to any further work being undertaken in that area. Tools used by the worker should be cleaned using disinfectant and PPE disposed of. • Co-workers (i.e. workers with whom the sick worker was in close contact) should be required to stop work, and be required to quarantine themselves for 14 days, even if they have no symptoms. • Family and other close contacts of the worker should be required to quarantine themselves for 14 days, even if they have no symptoms. • If a case of COVID-19 is confirmed in a worker on the site, visitors should be restricted from entering the site and worker groups should be isolated from each other as much as possible. • If workers live at home and has a family member who has a confirmed or suspected case of COVID19, the worker should quarantine themselves and not be allowed on the project site for 14 days, even if they have no symptoms. • Workers should continue to be paid throughout periods of illness, isolation or quarantine, or if they are required to stop work, in accordance with national law. • Medical care (whether on site or in a local hospital or clinic) required by a worker should be paid for by the employer. (i) CONTINUITY OF SUPPLIES AND PROJECT ACTIVITIES Where COVID-19 occurs, either in the project site or the community, access to the project site may be restricted, and movement of supplies may be affected. • Identify back-up individuals, in case key people within the project management team (PIU, Supervising Engineer, Contractor, sub-contractors) become ill, and communicate who these are so that people are aware of the arrangements that have been put in place. • Document procedures, so that people know what they are, and are not reliant on one person’s knowledge. • Understand the supply chain for necessary supplies of energy, water, food, medical supplies and cleaning equipment, consider how it could be impacted, and what alternatives are available. Early pro-active review of international, regional and national supply chains, especially for those supplies that are critical for the project, is important (e.g. fuel, food, medical, cleaning and other essential supplies). Planning for a 1-2 month interruption of critical goods may be appropriate for projects in more remote areas. • Place orders for/procure critical supplies. If not available, consider alternatives (where feasible). • Consider existing security arrangements, and whether these will be adequate in the event of interruption to normal project operations. P a g e | 45 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) • Consider at what point it may become necessary for the project to significantly reduce activities or to stop work completely, and what should be done to prepare for this, and to re- start work when it becomes possible or feasible. (j) TRAINING AND COMMUNICATION WITH WORKERS Workers need to be provided with regular opportunities to understand their situation, and how they can best protect themselves, their families and the community. They should be made aware of the procedures that have been put in place by the project, and their own responsibilities in implementing them. • It is important to be aware that in communities close to the site and amongst workers without access to project management, social media is likely to be a major source of information. This raises the importance of regular information and engagement with workers that emphasizes what management is doing to deal with the risks of COVID-19. Allaying fear is an important aspect of work force peace of mind and business continuity. Workers should be given an opportunity to ask questions, express their concerns, and make suggestions. • Training of workers should be conducted regularly, as discussed in the sections above, providing workers with a clear understanding of how they are expected to behave and carry out their work duties. • Training should address issues of discrimination or prejudice if a worker becomes ill and provide an understanding of the trajectory of the virus, where workers return to work. • Training should cover all issues that would normally be required on the work site, including use of safety procedures, use of construction PPE, occupational health and safety issues, and code of conduct, taking into account that work practices may have been adjusted. • Communications should be clear, based on fact and designed to be easily understood by workers, for example by displaying posters on handwashing and social distancing, and what to do if a worker displays symptoms. (k) COMMUNICATION AND CONTACT WITH THE COMMUNITY Relations with the community should be carefully managed, with a focus on measures that are being implemented to safeguard both workers and the community. The community may be concerned about the presence of non-local workers, or the risks posed to the community by local workers’ presence on the project site. The following good practice should be considered: • Communications should be clear, regular, based on fact and designed to be easily understood by community members. • Communications should utilize available means. In most cases, face-to-face meetings with the community or community representatives will not be possible. Other forms of communication should be used; posters, pamphlets, radio, text message, electronic meetings. The means used should take into account the ability of different members of the community to access them, to make sure that communication reaches these groups. • The community should be made aware of procedures put in place at site to address issues related to COVID-19. This should include all measures being implemented to limit or prohibit contact between workers and the community. These need to be communicated clearly, as some measures will have financial implications for the community (e.g. if workers are paying for lodging or using local P a g e | 46 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) facilities). The community should be made aware of the procedure for entry/exit to the site, the training being given to workers and the procedure that will be followed by the project if a worker becomes sick. • If project representatives, contractors or workers are interacting with the community, they should practice social distancing and follow other COVID-19 guidance issued by relevant authorities, both national and international (e.g., WHO). P a g e | 47 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Annex 2: Guidelines on Code of Conduct 1. A satisfactory code of conduct will contain obligations on all project workers (including sub- contractors) that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the municipality, the location and the project sector or to specific project requirements. 2. The Code of Conduct should be written in Vietnamese and signed by each worker to indicate that they have: • received a copy of the code; • had the code explained to them; • acknowledged that adherence to this Code of Conduct is a condition of employment; and • understood that violations of the Code can result in serious consequences, up to and including dismissal, or referral to legal authorities. 3. The Contractor should conduct continuous awareness raising and training activities to ensure that workers abide by the Code of Conduct (such as through toolbox talks). The Contractor should also ensure that local communities are aware of the Code of Conduct and enable them to report any concerns or non-compliance. 4. The issues to be addressed include: 1) Compliance with applicable laws, rules, and regulations of the jurisdiction 2) Compliance with applicable health and safety requirements (including wearing prescribed personal protective equipment (PPE), preventing avoidable accidents and a duty to report conditions or practices that pose a safety hazard or threaten the environment) 3) The use of illegal substances 4) Non-Discrimination (for example on the basis of family status, ethnicity, race, gender, religion, language, marital status, birth, age, disability, or political conviction) 5) Interactions with community members (for example to convey an attitude of respect and non-discrimination) 6) Sexual harassment (for example to prohibit use of language or behavior, in particular towards women or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate) 7) Violence or exploitation (for example the prohibition of the exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior) 8) Protection of children (including prohibitions against abuse, defilement, or otherwise unacceptable behavior with children, limiting interactions with children, and ensuring their safety in project areas) 9) Sanitation requirements (for example, to ensure workers use specified sanitary facilities provided by their employer and not open areas) 10) Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort of preferential treatment or favors, are not provided to any person with whom there is a financial, family, or personal connection) 11) Respecting reasonable work instructions (including regarding environmental and social P a g e | 48 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) norms) 12) Protection and proper use of property (for example, to prohibit theft, carelessness or waste) 13) Duty to report violations of this Code 14) No retaliation against workers who report violations of the Code, if that report is made in good faith. P a g e | 49 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Annex 3: Workers and Workforce Management A concern during construction phase of the project is the potentially negative impacts of the workforce interactions with the local communities. For that reason, a Code of Conduct shall be established to outline the importance of appropriate behavior, alcohol abuse, and compliance with relevant laws and regulations. Each employee shall be informed of the Code of Conduct and bound by it while in the employment of the Client or its Contractors. The Code of Conduct shall be available to local communities at the project information centers or other place easily accessible to the communities. The Contractor is responsible for providing appropriate training to all staff according to their level of responsibility for environmental, health and safety matters. The Code of Conduct shall address the following measures (but not limited to them): - All of the workforce shall sign in the CoCs and abide the laws and regulations of the Socialist Republic of Vietnam; - Illegal substances, weapons and firearms shall be prohibited; - Pornographic material and gambling shall be prohibited; - Fighting (physical or verbal) shall be prohibited; - Creating nuisances and disturbances in or near communities shall be prohibited; - Disrespecting local customs and traditions shall be prohibited; - Smoking shall only be allowed in designated areas; - Maintenance of appropriate standards of dress and personal hygiene; - Maintenance of appropriate standards hygiene in their accommodation quarters; - Residing camp workforce visiting the local communities shall behave in a manner consistent with the Code of Conduct; and - Failure to comply with the Code of Conduct, or the rules, regulations, and procedures implemented at the construction camp will result in disciplinary actions. - Develop a Code of Conduct for sexual harassment in the workplace and check their compliance. The PMU should supervise the implementation of this code strictly; regularly organize activities for raising legal awareness for male and female workers such as provision of leaflets, regular activities. Prohibitions. The following activities are prohibited on or near the project site: - Cutting of trees for any reason outside the approved construction area; - Hunting, fishing, wildlife capture, or plant collection; - Buying of wild animals for food; - Use of unapproved toxic materials, including lead-based paints, asbestos, etc.; - Disturbance to anything with architectural or historical value; - Building of fires; - Use of firearms (except authorized security guards); - Use of alcohol by workers during working hours; P a g e | 50 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) - Gambling should be strictly forbidden. - Washing cars or machinery in streams or creeks; - Doing maintenance (change of oils and filters) of cars and equipment outside authorized areas: - Disposing trash in unauthorized places; - Driving in an unsafe manner in local roads; - Having caged wild animals (especially birds) in camps; - Working without safety equipment (including boots and helmets); - Creating nuisances and disturbances in or near communities; - The use of rivers and streams for washing clothes; - Indiscriminate disposal of rubbish or construction wastes or rubble; - Littering the site; - Spillage of potential pollutants, such as petroleum products; - Collection of firewood; - Poaching of any description; - Explosive and chemical fishing; - Latrine outside the designated facilities; and - Burning of wastes and/or cleared vegetation. Security. Some security measures shall be put into place to ensure the safe and secure running of the camp and its residents. Some of these security measures include: - The list of workers must be registered to local authorities in accordance with existing Vietnamese regulations - Children under 14 years of age will hot hired under the Project - Adequate, day-time night-time lighting shall be provided; - Control of camp access. Access to the camp shall be limited to the residing workforce, construction camp employees, and those visiting personnel on business purposes; - Prior approval from the construction camp manager for visitor’s access to the construction camp; - A perimeter security fence at least 2m in height constructed from appropriate materials; - Provision and installation in all buildings of firefighting equipment and portable fires extinguishers. Any construction worker, office staff, Contractor’s employees or any other person related to the project found violating theses prohibitions will be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation. P a g e | 51 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Annex 4: Worker Camp Requirement Workers Camps Workers’ Camp and Site Installation Requirement. Potential sites of workers’ camps were discussed with and proposed by local communities and authorities during consultations. Construction camp sites will have to be approved by local authorities and agreed with local communities prior to their establishment. If additional camps and ancillary construction sites are selected, for following criteria must be used: - Construction sites, including concrete mixing stations and asphalt stations as well as construction camps will minimize the land occupation by setting them at the interchange areas where relatively large areas of land will be needed eventually. - Site offices shall be located at least 200 meters from any existing residential settlements Camp facilities should not be located in steep slopes; - Site offices, camps be located at least 100 meters from any watercourses, and be operated so that no pollutants enter watercourses. Camp areas shall be located to allow effective natural drainage; - All construction camps shall be zoned according to their use. For example, workers’ camp zone, sanitary facilities, offices, etc. - The workforce shall be provided with safe, suitable and comfortable accommodations. They have to be maintained in clean and sanitary conditions; - In every site adequate and suitable facilities for washing clothes and utensils shall be provided and maintained for the use of contract labor employed therein; - Potable water for human consumption shall be provided for at camps, site offices, medical facilities, and other areas. Potable water shall follow the National Standards for Drinking Water Quality, and the other municipal water will be in accordance with class B1 of QCVN 08- MT:2015/BTNMT - National technical regulation on surface water quality. - The camp can be characterized as a housing estate, and the water quota could refer to class B1, QCVN 08-MT:2015/BTNMT - National technical regulation on surface water quality. - Drainage, wastewater treatment and solid waste disposal of the construction site shall follow national regulations and the mitigation measures presented in the Contractor’s Waste Management Plan. - Firefighting equipment, fire extinguishers shall be available at every camp. Sanitary Facilities. In every camp site separate and adequate lavatory facilities (toilets and washing areas) shall be provided for the use of male and female workers. Toilet facilities should also be provided with adequate supplies running water, soap, and toilet paper. Such facilities shall be conveniently accessible and shall be kept in clean and hygienic conditions; - Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers “For Men Onlyâ€? or “For Women Onlyâ€? as the case may be; - Sanitary arrangements, latrines and urinals shall be provided in every work place on the following scale: Where female workers are employed, there shall be at least one latrine for every 25 females P a g e | 52 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) or part thereof; Where males are employed, there shall be at least one latrine for every 25 males or part thereof; - At every construction camp, there must be at least one mobile septic tank. The wastewater from the tank shall not be discharged into any watercourses. The wastewater shall be periodically transported away by a water tank to the nearest treatment plant; - Sewage tanks shall be designed and installed by the Contractor(s) in accordance with the National Design Code for construction of camps. Medical Facilities. A medical and first aid kit, medicine cabinets, condoms, etc., emergency phone number, phone number of the person in charge of safety, chief construction supervision engineer, hotline shall be provided at each camp area. All consumables in the first aid kit should be checked and recharged regularly. Firefighting equipment. fire-extinguishers must be provided and setup the safety instructions on fire prevention and emergency phone number at the site office, camp. P a g e | 53 Nghe An Province’s Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) Annex 5: Training Courses COST RESPONSIBLE No. TRAINING COURSES TIMEFRAME 5 ESTIMATE ENTITY/AUTHORITY CS1 Training on: (i) the Bank’s procumbent process and ESF, (ii) stakeholder Throughout Project implementation. Responsibility: IEMC/CSC mapping and engagement; (iii) implementation of RAP, ESMP, SEP, Before commencement of civil works Budget source: Project budget. 100,000,000 LMP; (iv) grievance redress; (v) environmental and social supervision, and maintained throughout Project VND monitoring, and reporting; and (v) labor management procedures PMU implementation where necessary Environment & Social Safeguards Team and various stakeholders. CS2 Training on Occupational Health and Safety Module and Labor and Working Conditions for Project’s workers (i) Occupational Health and Safety Module Implemented right after mobilization Responsibility: Contractors as part o Personal protection equipment of contractors and before of the onboarding training for o Workplace risk management commencement of civil works and workers maintained throughout project 60,000,000 o Prevention of accidents at work sites implementation. VND o Health and safety rules Budget source: Project budget o Waste management o Hazardous waste management e.g. fueling of vehicles o Preparedness and response to emergency situations o Awareness campaign on HIV/AIDS 5 These costs are already included in the SEP P a g e | 54 Vinh City Priority Infrastructure and Urban Resilience Development Project LABOUR MANAGEMENT PROCEDURES (LMP) (ii) Labor and Working Conditions Implemented right after mobilization Responsibility: Contractors as part o Terms and conditions of employment according to national working of contractors and before of the onboarding training for laws and regulations commencement of civil works and workers o Contractor and sub-contractor codes of conduct maintained throughout project o Worker’s organizations implementation. Budget source: Project budget o Child labor and minimum age employment rules CS3 Training on Gender-Based Violence Risks for representatives of Implemented right before starting Responsibility: IEMC/CSC Departments/sectors, local authorities, PMU staff, and local communities project activities and maintained Budget source: Project budget. participating in the Project, particularly women. throughout project implementation. 60,000,000 o Raising awareness and measures to prevent and mitigate SEA/SH risks VND o Preparedness and response to SEA/SH and human trafficking o GRM P a g e | 55 Vinh City Priority Infrastructure and Urban Resilience Development Project