Indonesian Environment Fund Indonesia Implementation Support for Carbon Pricing Instruments (PMI) Project LABOR MANAGEMENT PROCEDURES (LMP) July 2023 1. PROJECT BACKGROUND AND ACTIVITIES The government of Indonesia (GoI) has identified in its updated Nationally Determined Contribution (NDC) that carbon pricing is an “opportunity to mobilize climate finance from both international and domestic sources and to incentivize stakeholders’ contribution to NDC achievement.” In that context, GoI has achieved a set of progress which includes the issue of the Presidential Decree on the Implementation of Carbon Economic Values (Nilai Ekonomi Karbon/ NEK) and the introduction of Law No. 7/2021 on Harmonization of Taxation System (UU HPP) that sets a carbon tax to take effect in 2025. The Ministry of Environment and Forestry (MoEF) has issued ministerial regulations on carbon pricing implementation providing a basis for monitoring, reporting, and verification (MRV) procedures, sectoral roadmap development, and institutional arrangements. Following months, the Ministry of Energy and Mineral Resources (MEMR) regulation is issued in December 2022 (MEMR Regulation No. 16/2022 on the Implementation of Carbon Pricing in Power Generation Subsector) stipulating the introduction of mandatory ETS for the power sector. In parallel, the Ministry of Finance (MoF) has drafted regulations for the operationalization of carbon tax in 2025. Despite the progress, some technical gaps remain and support is needed to deepen and broaden carbon pricing instrument (CPI) implementation. The gaps that need to be addressed include specifying technical aspects of ETS, solidifying responsible institutions, and considering just transitions. The Indonesia Implementation Support for Carbon Pricing Instruments (PMI) project is initiated to create enabling environments of and accelerating CPI implementation in Indonesia. Pilot activities have presented in power sector which is at the forefront to implement carbon pricing through a voluntary emission trading system (ETS) pilot program in 2021, and the program has informed initial design of the upcoming mandatory ETS for coal-fired power generation. Hence this project will build on four pillars as follow: (1) Policy analysis and implementation roadmaps, (2) Institutional strengthening and capacity building, (3) Instrument design and MRV infrastructure, and (4) Coordination, communication, and consultation. For the above purpose, a Project Implementing Unit (PIU) will be the Indonesian Environment Fund (IEF) and it will be responsible for the overall delivery of the project’s objective. This will include delivery of relevant responsibilities such as setting up an organizational structure and operating system for the PMI project, day-to-day management and supervision, fund disbursement, stakeholder engagement, capacity building, public communication and outreach and monitoring activities. The PIU will be staffed by government officer(s) from Indonesian Environment Fund (IEF) as well as consultants that will be stationed in the IEF or other relevant ministries. MoEF will act as the carbon hub with the main mandate to implement CPI and to forge coordination at the technical substance content. Coordinating Ministry for Maritime and Investment Affairs (CMMAI) will be the PMI steering committee secretariat. These two ministries will have direct coordination with other technical ministries such as MEMR, Ministry of Investment (MoI). In addition to setting up the project, an important deliverable includes establishment of an Environmental and Social Commitment Plan (ESCP), Labour Management Procedure (LMP), and Stakeholder Engagement Plan (SEP) to equip the project with the initial environmental and social mitigation measures. 1 This Labor Management Procedure has been prepared to guide the management of labor-related risks and working conditions as well as contractual arrangements of labor financed by the project. The scope of the LMP covers direct workers assigned/hired by the IEF for the purpose of project implementation, both for government officials and consultants or experts. Contract workers will likely to be procured by IEF to support project implementation. Direct activities funded by the project to establish and operationalize the project will take place in the Capital Region of Jakarta, with potential fieldworks, workshops, and consultations conducted at the sub- national levels. Occupational Health and Safety (OHS) risks are low to negligible since such activities do not involve physical works, operation in and exposure to hazardous work environments. Working circumstances are ensured to safeguard against infectious diseases. The LMP is prepared for the all project staffs stationed in IEF, MoEF, and CMMAI. The document is required prior to mobilization and/or recruitment of staff and consultants during project implementation. This document is prepared to meet one of the provisions in the project’s Environmental and Social Commitment Plan (ESCP) point 2.1 and is in line with the Environmental and Social Standard (ESS) 2 on Labor and Working Conditions and the national law. Requisite measures in the LMP include codes of conduct, feedback and workplace-related grievance management, Occupational, Health, and Safety (OHS) management, including Infection Prevention and Control (IPC) protocols in the context of project implementation. ` 2. RESPONSIBLE ENTITY FOR LMP IMPLEMENTATION The Project will be led and coordinated by the IEF. IEF will be responsible for coordinating daily implementation and supervision of the LMP, including engagement and management project workers, monitoring compliance with occupational health and safety standards, training of workers, and ensuring that the grievance redress mechanism for project workers is established and implemented. 3. OVERVIEW OF LABOR USE ON THE PROJECT All project workers involved in project activities will be assigned/hired by IEF. These include the management functionaries of the PMI project that consist of IEF's staff(s) and consultants/experts. These workers will be most likely office-based, with possibilities to conduct field travel to sub-national government for coordination purpose. 1. IEF’s staff IEF’s national staff may consist of permanent civil servants (Aparatur Sipil Negara/ASN). They will be assigned and engaged to work directly with the project and then referred as Direct Workers under the project. It is envisaged that approximately 1-5 persons will be engaged in the project. All direct workers will be over the age of 18. Where IEF’s staff are working in connection with the project, they will remain subject to the terms and conditions of their prevailing public sector employment agreement and/or law as regulated by the Ministry of Administrative and Bureaucratic Reform, unless there has been a legal transfer of their employment to the project. Relevant provisions in the LMP related to workforce protection and OHS will be applicable throughout project implementation. 2 2. Consultants/ experts Consultants/experts are recruited to perform daily project activities at the PIU and relevant ministries/agencies, as well as supporting in the development of the PMI project. The consultant teams will provide expert advice and support to the PIU on the policy analysis & roadmap implementation, institutional capacity building, instrument design & MRV infrastructure development, coordination, communication, and consultation. The initial stage of this project intends to engage 18 personnels. Those consultants will be recruited directly by the PIU as direct workers. Throughout the project implementation, the number of project staff and consultants will be adjusted depending on the project's needs. Timing of Labor Requirements: The timing of labor requirements will be based on the project timeline and direct workers will be employed in this project throughout the project’s duration. The length of engagement with the consultant team will depend on the timing of their recruitment during project implementation but are not expected to exceed beyond the project’s closing date. The table below shows the further details of project workers and the expected length of engagement: Table 1. Details of project workers Project Expected roles and responsibilities Estimated number of Post Length of Workers persons assignment engagement IEF’s staff Project Director To oversee general project 1 personnel IEF tbc management and its implementation, including project reporting and liaising with external organizations or institutions Project To oversee the project management, 1 personnel IEF tbc manager including administration, procurement and contract management. Treasury unit To manage and report the project 1 personnel IEF tbc budget supply, and transfer the recipient of cash to support the project operation. Accounting and To prepare the financial report from 1 personnel IEF tbc financial the trustee bank account. reporting unit Trustee To instruct Trustee for making 1 personnel IEF tbc approval unit payment of the project disbursements. Consultants 3 Project Expected roles and responsibilities Estimated number of Post Length of Workers persons assignment engagement Project Leader To oversee overall project 1 personnel IEF tbc management and implementation, including the project preparation, operation, monitoring, reporting, and evaluation as well as the project completion Pillar 1 Lead To conduct project activities, including 1 personnel IEF tbc preparation and monitoring- evaluation, relevant to the output delivery of policy analysis and roadmap implementation Pillar 2 Lead To conduct project activities, including 1 personnel IEF tbc preparation and monitoring- evaluation, relevant to the output delivery of institutional strengthening and capacity building Pillar 3 Lead To conduct project activities, including 1 personnel IEF tbc preparation and monitoring- evaluation, relevant to the output delivery of instrument design and MRV infrastructure Pillar 4 Lead To conduct project activities, including 1 personnel IEF tbc preparation and monitoring- evaluation, relevant to the output delivery of stakeholder coordination and consultation 4 Project Expected roles and responsibilities Estimated number of Post Length of Workers persons assignment engagement Secretariat To provide regular communication to 1 personnel CMMAI tbc Coordinator steering committee on project updates and challenges and provide coordination among stakeholders involved in the project as necessary Monitoring and To provide periodic monitoring and 1 personnel MoEF tbc evaluation evaluation activities and develop specialist baseline information used against periodic measurement, to perform risks and impact assessment relevant to the project and apply safeguard instruments during project implementation Junior technical To conduct any relevant technical 2 personnels MoEF tbc officers expertise, both on substantial and operational subjects Finance officer To plan and manage financial activities 1 personnel IEF tbc of the project, and prepare periodic financial report of project activities Project To carry out any activities related to: 2 personnels MoEF tbc assistant (1) IT project operation, (2) and prepare materials as deemed necessary and liaise with relevant stakeholders 5 Project Expected roles and responsibilities Estimated number of Post Length of Workers persons assignment engagement Admin officers To conduct tasks related to post- 4 personnels IEF tbc activities reporting (Surat Pertanggung Jawaban/ SPJ) and manage the resource disbursement to relevant parties Trustee To oversee funding flow & 1 personnel IEF tbc coordinator management, as well as ensure the resource disbursed according to project’s workplan and reported in periodic manner Procurement To prepare, manage, and report any 1 personnel IEF tbc specialist procurement activities required by the project 4. ASSESSMENT OF KEY POTENTIAL LABOR RISKS The project focuses on creating enabling environment and accelerating CPI implementations which mainly will focus on analytical work, stakeholder engagement, and knowledge management. Since the project is not envisaged to finance large-scale construction, potential risks and impacts associated with labour influxes were assessed insignificant. Their labor risks are deemed low since all project staffs engaged in project activities will be hired following the Bank’s procurement guideline under written contracts; no vulnerable workers, such as migrant workers or low-wage workers, who may face discrimination including on the basis of gender or disability are expected to be hired; and no physical works will be financed under the project. The low labor risks will be addressed through the IEF’s commitment to comply with the requirements of the ESS2 (including regarding child/ forced labor, Occupational Health and Safety (OHS) issues, fair and equal opportunity for hiring process and pay, and workers grievance mechanisms). Community Workers or Primary Supply Workers are not considered relevant. 6 Potential risks may stem from the working condition which allows infectious and communicable diseases to spread and emergency situations arise. In this case, the mitigation measure will follow health and safety procedures including the protocol of infectious and communicable diseases. Codes of Conduct for Gender-based Violence/Sexual Exploitation and Abuse and Violence Against Children (GBV/SEA and VAC) are incorporated in the LMP as a preventative measure. If any fieldwork are carried out, potential risks identified will include exposure to hazardous events materials, infectious and communicable diseases, safety and security risks. 5. NATIONAL AND INSTITUTIONAL REGULATORY FRAMEWORK The National Labor Legislation is outlined in several regulations, including national laws, government regulations, presidential regulations, ministerial decrees, and other derivative regulations. The primary reference regulation related to labor is Law No 13/ 2003 on Manpower, Law No. 40/2004 on the National Social Security System, Law No. 24/2011 on the National Social Security (BPJS), Omnibus Law No 11/ 2020, and the derivative legislative is the Government of Indonesia regulation No.35/2021 on the specified working agreement, transfer of resources, working hours and office break, and work termination. The labor legislation also links to Law No. 5/ 2014 on Civil Servants for government employees. The laws set out rules for the employment terms and conditions, including employment relationship, work placement, recruitment of foreign workers, employment protection and welfare, and employment termination. An employer with ten or more workers is required to establish an institution’s regulation. Other relevant regulations concerning project implementation is enclosed in the Annex 1. Work agreements Based on Omnibus Law, employers must have consensual work agreements with their workers in the form of a written contract signed by both parties. Work agreements are made for a definite period of employment or for an unspecified time. A work agreement for a definite employment period is based on the period or completion of a certain job, which is determined based on the work contract. There is no specific permitted period of definite period employment in the latest amendment in Omnibus Law, including maximum limits of extension. Termination of employment A work agreement ends if the worker passed away, the expiration of the working agreement period, completion of a certain job, there is a court decision and for a decision by an industrial relation disputes settlement institution that has permanent legal force, or there are certain circumstances or events that are stated in the work agreement or company regulations that can cause the work termination. Several additional requirements for work termination may be applied to government employees on the disciplinary violation according to Law on Civil Servants. When the work agreement for a specified period ends, the employer is obliged to provide compensation to the worker according to the work period. Under the latest Omnibus Law, the employer, workers, trade unions, and the Government must make efforts to prevent termination of employment. If employment termination is unavoidable, the employer 7 must notify the purpose and reason for the termination of employment to the workers and/or labor union. If the worker/union does not agree with the termination, the employment termination settlement must be carried out through bipartite negotiations. If the negotiations do not reach an agreement, the matter will be processed according to the industrial dispute settlement mechanism under Law No. 2 of 2004 on Settlement of Industrial Relations Disputes. For the government officials working in this project, termination circumstances will follow the legislative frameworks of National Laws on Government Officials No.5/2014 and of National Regulations on Disciplinary Actions for Government Officials No. 94/2021. Labor rights on freedom of association In carrying out industrial relations, workers and labor unions have the function of carrying out work under their obligations, maintaining order for the continuity of production, democratically channeling aspirations, developing skills and expertise, and participating in advancing companies and fighting for the welfare of members and his family. On the provisions of workers' rights to organize, including rights to collective bargaining, workers have the freedom to choose how they are represented, and employers must not interfere in the process as mandated in Law No. 21/2000 on Labor Unions. The labor laws also protect workers from discrimination in the workplace. This encompasses entitlements to equal treatment and equal rights and responsibilities with no discrimination based on sex, ethnicity, race, religion, skin color, and political orientation. The laws also stipulate that every worker has a right to receive Occupational, Health, and Safety (OHS). Every employer is under an obligation to apply 'an occupational safety and health management system that shall be integrated into the employer's management system.' The freedom of association will not apply to government officers as per Government Regulation No. 94 year 2021 on Civil Servant Discipline. As such any relevant laws and regulations will prevail. Minimum Wages Related to wages, the laws acknowledge workers' rights to earn the same wages for work of the same value. Employers are required to pay wages in accordance with the work agreement, which should not be lower than the minimum wage. Minimum wage rates are formulated by the Provincial Governor and determined based on economic and employment conditions. A governor may also determine the minimum wage in certain regencies/cities within the province by taking into account the economic growth and inflation rate of the relevant regency/city. For the government officials working in this project, the minimum wages legislative arrangement will follow government regulations No. 15/2019 on Government Officials’ Salary and Presidential Decree No 111/2017 on Government Benefits of Ministry of Finance Employees. Working hours, overtime, leave Regular working hours are 40 working hours per week, which can be arranged into five or six working days as regulated in a work agreement. Employers must pay overtime compensation if the working hours 8 exceed the above with written consent from the employees for all overtime work. In this case, the Omnibus Law extends the maximum overtime hours to maximum of four hours per day and/or 18 hours in a week. Employers are required to provide rest time and paid leave. The rest time includes rest between working hours, at least half an hour after working for 4 (four) continuous hours, and the break time does not include working hours; and weekly rest 1 (one) day for 6 (six) working days in 1 (one) week. Annual paid leave is given at least 12 (twelve) working days after the worker has continuously worked for 12 (twelve) months. In addition to the time off and leave, employers can provide long breaks as stipulated in work agreements, company regulations, or collective working agreements.no.7. Working hours of project staffs, including project staff stationed in other relevant ministries, follows the institutional regulation of The IEF Regulation No.1/2022 which stems from Ministry of Finance regulation of No.169/PMK.01/2016. Weekly working hours is 42 hours 45 minutes. Monday to Thursday apply 07.30- 17.00 working hour, with a lunch break takes from 12.15 to 13.00. On Friday, working hours apply the same as in Monday to Thursday with a lunch break from 11.30-13.15. Project staffs based in other institution engage in the working hours applicable in respective institution. Annual paid leaves for the consultants will be 12 days which do not include public holidays. Age of Employment Indonesia has ratified and mainstreamed the ILO Convention on Minimum Age for Admission to Employment and the ILO Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor in the national laws. The national Law on Labour No.13/2003 stipulates that employers are not allowed to employ children under 18 years old and any hazardous work is prohibited to any persons under 18 years old. Exemption on the minimum age may be made for the employment of children aged between 13 and 15 years old for light work with certain conditions1; and children between 15 and 18 years old can be employed but must not be exploited to perform the worst forms of works. Social Protection Based on Omnibus Law, employers are required to register their employees/staff and participate in social security programs, which include healthcare, pension, work accidents, old age, and death insurance. Workers who experience employment termination are entitled to job loss insurance provided by the labor social security agency and the National Government. For government employees, articles about social security and OHS for civil servants are specified in Law No. 5/ 2014 on Civil Servants. Foreign Workers 1 Certain conditions for employment for 13-15 years old are: a) The job does not disrupt their physical, mental or social development; b) Appropriate risk assessment has been conducted prior to commencement of any work; c) The employer signs a work agreement with the parents or guardians and obtains their written permission; d) They do not work longer than 3 hours per day; e) They only work during the daytime, without disruption to their schooling; and f) The employer ensures compliance with occupational safety and health requirements. 9 Related to foreign workers, every employer who employs foreign workers must obtain a Foreign Manpower Utilization Plan (known as Rencana Penggunaan Tenaga Kerja Asing or hereafter RPTKA) approved by National Government. RPTKA is not required for a foreign worker who is, among other things, engaged by a company in the type of production activity that has stopped due to emergencies, vocational, technology-based start-ups, on a business visit, or researching for a certain period. Foreign workers can be employed in Indonesia only in a working relationship for a particular position and for a specific time and have competence according to the position to be occupied. An employer of foreign workers must appoint Indonesian workers as companions for foreign workers to transfer technology and transfer skills from foreign workers; carry out work education and training for Indonesian workers following the qualifications of positions occupied by foreign workers, and repatriate foreign workers to their home countries after their employment period ends. Further details regarding the procedures and arrangements on the implementation and administrative sanctions are regulated in the Government Regulation no. 35/2021 and other derivative regulations, including ministerial regulations which are issued following the Omnibus Law. 6. POLICY GAP AND RELEVANCE BETWEEN NATIONAL LABOR LEGISLATION AND WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARD (ESS 2) The World Bank Environmental and Social Standard stipulations related to labor are outlined in its ESS2 on Labor and Working Conditions2. Key objectives of the ESS 2 are to: ● Provide project workers with contract terms and conditions ● 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 freedom of association and collective bargaining of project workers in a manner consistent with national law ● 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, they will remain subject to the terms and conditions of their existing public sector employment agreement or arrangement unless there has been an effective legal transfer of their employment or engagement to the project. ESS2 will 2 More information of ESS 2 can be accessed at http://documents1.worldbank.org/curated/en/149761530216793411/ESF-Guidance-Note-2-Labor-and-Working- Conditions-English.pdf 10 not apply to government civil servants, except child labor, forced labor, and occupational health and safety requirements. In this project, major requirements in ESS2 have been addressed in the Indonesia national labor legislations. Several gaps are identified related to the differences in the grievance mechanism, the classification of the category of workers, and the provision of detailed policies and procedures for OHS (see Table 2). Table 2. Gaps between national labor legislation and ESS 2 requirements No National Labor Legislation ESS 2 Requirements 1 No classification of general workers. Specifies categories of workers: direct workers, contracted workers, primary workers, community workers, and Government workers/ civil servants categorized by government workers/ civil servants. the type of work agreement: permanent and contract. 2 Requirements for protecting workers and training Requirements to protect workers, train workers, incident workers reports, emergency preparation, addressing issues; and monitor OHS performance. Detailed procedures available in government derivative regulations. However OHS procedures, Detailed Procedure required for every project. forced labor provisions, and GBV / SEA provisions are not yet available in detail. 3 Grievance mechanism for employer is through GRM should be in place for direct workers and contracted bipartite and tripartite institutions that act as workers. Measures will be put in place to make the grievance communication forums. Detailed procedure mechanism easily accessible to all such project workers. available in government derivative regulations. 4 National legislations state that children at the age of Minimum age of employment requirement of ESS2 sets to be 13-15 are allowed to get involved in light works. 18 years of age. This refers to ILO Conventions. To address those gaps as well as to assist the project to be consistent with the ESS 2, IEF develops labor- management procedures in accordance with the requirements of national law, the ESS 2 and the adoption of institutional regulations. Classification for project workers has been specified in part 3 above on the overview of labor use on the project. This LMP will address how this ESS will apply to the category of direct workers as in this project carries out. Additional policies and procedures in part 9 are adjusted for this project to be applied for all project workers, including policies and procedures on non-discrimination and equal opportunity, forced labor, OHS, code of ethics and behavior, and GBV/ SEA and VAC. IEF will develop FGRM for all workers through the existing institution’s grievance mechanism channel and make it accessible for all direct workers. 11 7. PROJECT POLICIES Since IEF runs this project, the LMP refers to and follow terms and conditions within national legislation and government policies to determine wages, and employment termination for all project workers, particularly for direct workers who operate under the national civil servant code. Those terms and conditions should be in line with the additional policies and procedures within this LMP. Institutional regulations that are relevant to matters below will be applied as necessary. Work agreement The government officers assigned as the project workers will be enacted under the IEF's Decree, whilst all project consultants will be selected by the recruitment process following the World Bank Procurement Regulation. All project workers will be provided with clear information and documentation pertaining to their terms and conditions of employment that will set out their rights under relevant regulations and this LMP. All consultants will have individual contracts and/or appointment letters with fixed wages and allowance according to the Indonesian legislation. The specific wages and allowances for consultants will follow provincial minimum wages and adjusted based on IEF’s policies corresponding to qualification as set out in the ToR. The terms and conditions of employment as per-the national law outlined in Section 5 will be applicable to workers engaged by the project. All workers under the project 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 the relevant employment regulations, as applicable. These include the rights related to hours of work, wages, compensation, benefits and collective agreements as applicable. Such information will be provided at the beginning of the working relationship in a contract and when any material changes, to the terms or conditions of their employment. Termination of employment Under the latest Omnibus Law, the employer, workers, trade unions, and the Government must make efforts to prevent termination of employment. If employment termination is unavoidable, the employer must notify the purpose and reason for the termination of employment to the workers. If the worker does not agree with the termination, the employment termination settlement must be carried out through bipartite negotiations. For the government officials working in this project, termination circumstances will follow the legislative frameworks of National Laws on Government Officials No.5/2014 and of National Regulations on Disciplinary Actions for Government Officials No. 94/2021. Labor rights of freedom of Association In carrying out industrial relations, workers have the function of carrying out work under their obligations, maintaining order for the continuity of production, democratically channelling aspirations, developing skills and expertise, and participating in advancing companies and fighting for the welfare of members and his family. On the provisions of workers' rights to organize, including rights to collective bargaining, 12 workers have the freedom to choose how they are represented, and employers must not interfere in the process as mandated in Law No. 21/2000 on Labor Unions. The freedom of association will not apply to government officers as per Government Regulation No. 94 year 2021 on Civil Servant Discipline. As such any relevant laws and regulations will prevail. Minimum wages Related to wages, the laws acknowledge workers' rights to earn the same wages for work of the same value. Employers are required to pay wages in accordance with the work agreement, which should not be lower than the minimum wage. Minimum wage rates are formulated by the Provincial Governor and determined based on economic and employment conditions. A governor may also determine the minimum wage in certain regencies/cities within the province by taking into account the economic growth and inflation rate of the relevant regency/city. For the government officials working in this project, the minimum wages legislative arrangement will follow government regulations No. 15/2019 on Government Officials’ Salary and Presidential Decree No 111/2017 on Government Benefits of Ministry of Finance Employees. For the consultants, wages will commensurate with years of experience, scope of works, skills, and project budget allotment. Working hours, overtime, and leave The IEF regulation of The IEF Regulation No.1/2022 sets working hours for 42 hours and 45 minutes per week. Working days are from Monday to Friday, applying 07.30-17.00 working hour. Hence, all project workers are required to follow working hours based on the IEF Regulation, including requirements and conditions of overtime and leave durations . However, the project workers as government officers are regulated under the Minister of Finance’s regulation number 125/PMK.05/2009 on Overtime and Overtime Pay for Civil Servants. Other than that, the sum of overtime hours in a week shall not exceed 18 hours as per national labor law. Age of employment This project sets the age of employment based on the national labor laws and regulations. Given the nature of work and the scope of the project, only skilled workers will be engaged. It is not envisaged that underage project workers below 18 years old will be employed under the project. IEF will be required to verify the identity and age of all workers through official documentation, such as national ID card, passport, etc. Social protection Based on Omnibus Law, employers are required to register their employees/staff and participate in social security programs, which include healthcare, pension, work accidents, old age, and death insurance. The project staffs are also encouraged to have their personal health insurance. Workers who experience employment termination are entitled to job loss insurance provided by the labor social security agency and the National Government. For government employees, articles about social security and OHS for civil servants are specified in Law No. 5/ 2014 on Civil Servants. 13 Foreign workers Related to foreign workers, every employer who employs foreign workers must obtain a Foreign Manpower Utilization Plan (known as Rencana Penggunaan Tenaga Kerja Asing or hereafter RPTKA) approved by National Government. RPTKA is not required for a foreign worker who is, among other things, engaged by a company in the type of production activity that has stopped due to emergencies, vocational, technology-based start-ups, on a business visit, or researching for a certain period. Foreign workers can be employed in Indonesia only in a working relationship for a particular position and for a specific time and have competence according to the position to be occupied. An employer of foreign workers must appoint Indonesian workers as companions for foreign workers to transfer technology and transfer skills from foreign workers; carry out work education and training for Indonesian workers following the qualifications of positions occupied by foreign workers, and repatriate foreign workers to their home countries after their employment period ends. Further details regarding the procedures and arrangements on the implementation and administrative sanctions are regulated in the Government Regulation no. 35/2021 and other derivative regulations, including ministerial regulations which are issued following the Omnibus Law. Non-discrimination and equal opportunity Decisions relating to the employment or treatment of project workers will not be made on the basis of personal characteristics unrelated to inherent job requirements. The employment of project workers will be open to all those who have skills, 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, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement or disciplinary practices. The project will identify and provide measures that support equal opportunities for women and men, including measures to prevent harassment of project workers, including sexual harassment. Relevant measures that address working conditions, accessibility of the built environment, and communication of information for project workers with disabilities, such as provision of wheelchair ramps or elevators and/or alternative formats of communication shall also be identified as relevant to ensure accessibility and equality of opportunities for all project workers. Forced Labour All project workers involved in this project are prohibited to engage forced labor, which includes the practice of the following: a. bonded /indentured labor (working against an impossible debt) b. excessive limitations of freedom of movement c. excessive notice periods d. retaining the worker’s identity or other government-issued documents or personal belonging e. imposition of recruitment or employment fees payable at the commencement of employment 14 f. loss or delay of wages that impede the workers’ right to end employment within their legal rights g. substantial or inappropriate fine h. physical punishment i. use of security or other personnel to force or extract work from project workers, or other restrictions that compel a project worker to work in a non-voluntary basis. Occupational Health and Safety The labor laws and regulations encompasses entitlements to equal treatment and equal rights and responsibilities with no discrimination based on sex, ethnicity, race, religion, skin color, and political orientation. The laws also stipulate that every worker has a right to receive Occupational, Health, and Safety (OHS). Every employer is under an obligation to apply 'an occupational safety and health management system that shall be integrated into the employer's management system.' In line with national legislation, the employer and all project workers must follow OHS standards, including putting a serious concern on infectious disease protocols. Related to that, the project is committed to: a. Complying with applicable laws and regulations related to potential occupational health and safety risks and impacts, including potential public health risks associated with infectious disease for project workers. b. Maintaining healthy and safe working conditions. This also includes ensuring safety of project travels (by air, land and/or water related travels) and protection of GBV/SEA/VAC. c. Applying general safety tips for travel include: o Share your travel itinerary with other project personnel. Provide daily “check-ins” to the project office/colleagues when deemed necessary; o Carry with you, your personal emergency contact numbers; o Identify and take note the local emergency medical services and contact numbers at site; o Pack a basic first aid kit, including any personal prescribed and/or non-prescribed medications; o Avoid traveling at night unless there is no other feasible option; o Prioritize traveling on more reliable airlines acknowledged for their safety standards and performance; o Adequately assess and select options for air versus land travel. Generally, air travels have lower likelihood of an accident but higher severity when compared to land travels; o Identify and engage trusted third-party sources for vehicle rentals and/or boat rentals; o Ensure cars/vehicles are equipped with safety equipment such as seat belts (all seats), fire extinguishers etc, and is in good operating condition for land travel; o Driver shall not use nor talk on mobile phones while driving; o Avoid traveling on motorbikes whenever possible (most road accidents are related to motorbikes); and o Ensure to wear a life vest whenever travelling on water; 15 d. Enabling active participation in OHS risks elimination through the promotion of appropriate skills, knowledge and attitudes towards hazards. e. Ensuring all workers are competent to do their tasks and giving them adequate training. f. Providing adequate control of health and safety risks arising from all work activities at all circumstances. g. Continually improving the OHS management system and performance. h. Communicating this policy statement to all persons working under the control of the PWYP with emphasis on individual OHS responsibilities. i. Availing this policy statement to all parties at all sites. j. Implementing health and safety procedures related infectious disease constraints. The following OHS procedures serve as an operational guidance on addressing public health and safety measures for the prevention and management of risks for project workers in public settings. Additionally, health and safety procedures will follow along the IEF’s OHS regulations and its instruments, including the provisions of health and safety assessment and travel risks assessment. In implementing project and stakeholder engagements, all project workers are required to follow the following measures, including: ● Identification of potential health risks of project candidates, ● Induction to the project workers on infectious and communicable disease, ● Apply OHS IEF’s OHS regulations and its instruments. Code of Ethics and Behaviour All government employees, both permanent civil servants (ASN) is bound by the national civil servant code of ethic and behavior as stipulated in Law No. 5/2014 on Civil Servants and Minister of Finance’s regulation number 190/PMK.01/2018 on Code of Conduct and Behavior of Civil Servants in the Area of Ministry of Finance. The code of ethics and behavior applied to direct workers in this project will follow IEF Regulation No.7/2022. The following is code of ethics and behaviour narrated under the MoF regulation: a. Carry out duties honestly, responsibly, and with high integrity. b. Carry out duties with care and discipline. c. Serve with respect, courtesy, and without pressure. d. Carry out duties in accordance with the provisions of laws and regulations. e. Carry out duties in accordance with orders from supervisors or competent officers as long as they do not conflict with the provisions of laws and regulations and government ethics. f. Maintain confidentiality concerning state policies. g. Use state property and assets responsibly, effectively, and efficiently. h. To prevent conflicts of interest in carrying out their duties. i. Provide true and not misleading information to other parties who need information related to official interest. j. Not misuse internal state information, duties, status, power and position to obtain or seek self-profit 16 or benefit or for others. k. Uphold the basic values of civil servant and always maintain the reputation and integrity of civil servant. l. Implement the provisions of laws and regulations regarding the discipline of government employees. Gender based Violence/ Sexual Exploitation and Abuse and Violence against Children (GBV/SEA/VAC) As part of OHS measures, the project seeks to prevent any misconduct and/or practices (both verbal and physical) that constitute forms of GBV/SEA and VAC. GBV/SEA refers to any act that is perpetrated against a person's will and is based on gender norms and unequal power relationships. It includes physical, emotional, or psychological and sexual violence and denial of resources or access to services. Violence includes threats of violence and coercion and inflicts harm on women, girls, men, boys, and people of diverse gender identities. VAC is defined as physical, sexual, emotional, and/or psychological harm, neglect, or negligent treatment of minor children (i.e., under the age of 18), including exposure to such harm that results in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power. This includes using children for profit, labor, sexual gratification, or other personal or financial advantages. IEF has specific regulation or policies related to GBV/SEA and or VAC under the IEF Regulation No. 4./2023 concerning The IEF's Environmental and Social Management System. Additionally, this project will also adopt several national legal frameworks that relevant to the prevention on response to GBV/SEA and VAC, including: 1. Law No. 7/1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination against Women 2. Law No. 39/1999 on Human Rights 3. Law No 23/2002 on Child Protection and its amendments in Law No 35/2014 4. Law No. 23 /2004 on the Elimination of Domestic Violence 5. Law No. 21 /2007 on the Eradication of the Crime of Trafficking in Persons 6. Law No. 44 /2008 on Pornography 7. Law No. 13 /2006 on Protection of Witnesses and Victims of Violence 8. Presidential Decree No. 9 /2008 on Integrated Service Procedures and Mechanisms for Witnesses and / or Victims of Human Trafficking 9. Presidential Decree No. 4 /2006 on the Implementation and Cooperation for Victim Recovery To prevent GBV/ SEA and VAC in this project, the LMP has incorporated additional Codes of Conduct (COCs) on GBV/SEA and VAC (Annex 2 - 4). All project workers are required to understand and sign the COCs as a part of the code of ethics and behavior prior to employment. All project workers are also required to participate in the regular training on GBV/SEA and VAC, including COCs, to ensure the project workers implements the CoC requirements in their work. A key element of the COCs include relevant sanctions applicable to project workers in the event of violations. Subject to investigation of allegations, disciplinary measures may be applied as stipulated in Government Regulation No. 53/2010 on Discipline of Civil Servants and the national law and Law No. 2 /2022 on Criminal Acts of Sexual Violence . 17 8. FEEDBACK AND GRIEVANCE MECHANISM The project will apply a grievance mechanism developed by IEF, as stated on institutional regulations of IEF No. 69/2022 on the Guideline of Grievance Mechanism. This regulation categorizes the reports under four categories, i.e. fraud, violation, institutional performance and gander-based violance (GBV). On reporting a case, the reporter (i.e.: the IEF and staff, individual, community group, legal entity, business entity, or government institutions and sub-national government) should inform the grievance relevant to IEF or its programs/ project activities to the following channels: ▪ Mail-post or direct reporting: Badan Pengelola Dana Lingkungan Hidup (BPDLH) JB Tower Lantai 29-30, Jalan Kebon Sirih, No.48-50, Gambir, DKI Jakarta; ▪ Electronic mail: contact.us@bpdlh.id; ▪ Telepon: (021) 3505226; dan ▪ Website application: Whistle-blowing System (WISE) through https://www.wise.kemenkeu.go.id. IEF will receive, identify, and follow up the submitted reports and deliver the response after verification and review process are conducted by responsible officers (administrator, verificator, and reviewer) within IEF. Administrator is responsible to receive grievance reports, inquire additional information as needed, and document the report to grievance log. Verificator is who identify and classify grievance to the following categories as per below. The reviewer acts to investigate the case, to provide solutions, and to monitor the progress of case handling. Category Grievances Ad-hoc review team Fraud - all but not Among other cases: Internal monitoring unit of IEF limited to financial ▪ Fraud on the program implementation; reporting fraud, asset ▪ Financial reporting fraud; misuse, office embezzlement, ▪ Conflict of interests; corruption. Referring to ▪ Bribe, gratification, blackmail; Law UU No. 31/1999 Jo ▪ Corruption, collusion, nepotism. UU No. 20/2001 on Corruption Eradication 18 Violation - code ethics Violation of code of ethics, conduct, and Internal monitoring unit of IEF violation, among other disciplinary act of IEF staffs regulations refer to Government of Indonesia regulation No. 94/2021 on State Civil Apparatus Disciplinary Act, and IEF Code of Ethics regulation No.7/2022 Institutional Among other cases: Working units relevant to tasks performance ▪ Disbursement of program fund; and institutional function ▪ Disbursement of revolving fund; ▪ Fund pooling and managing; ▪ Stakeholder engagement; ▪ Implementation of IEF's protection procedures; ▪ Legal issues; ▪ Grievance reports extended from Project Implementation Unit (PIU). Gender based violence Among other cases: IEF's Finance, General Affair, and ▪ Gender discrimination; Information System Directorate ▪ Sexual assault/harassment; ▪ Sexual assault to vulnerable group(s); ▪ Sexual abuse. 9. CONTRACTOR MANAGEMENT When necessary and relevant to this project, the project will engage national firm(s) and/or service providers for the purpose of project implementation and delivery of specific outputs. Firm(s) and service providers will be required to follow the national legislation's requirements and measures described in the LMP. These include contractual procedures, selection criteria, terms and conditions, provisions of OHS, COCs, and compliance with infectious disease protocol set forth in the LMP. Code of conduct forms relevant to the GBV/SEA and VAC need to be signed by respected parties. The forms are attached in the Annex 2, Annex 3, and Annex 4. MoF will manage and monitor contractors' performance in relation to contracted workers, focusing on contractors' compliance with their contractual agreements in line with the LMP. 10. MONITORING AND EVALUATION Day-to-day implementations of this procedure will be monitored by the M&E specialist following the concerning aspects mentioned under Section 7 up to Section 9 of this LMP. These monitoring 19 activities include collecting all information from relevant ministries regarding LMP compliance, providing assistances (if necessary), delivering the capacity building on LMP, and other relevant monitoring actions. S/he will also evaluate the compliance and implementation status every month and deliver quarterly LMP implementation reports to the IEF's Head of Risk Management. The Head of Risk Management of IEF carries out the QA/QCs for all E&S reports, including LMP implementation prior to submitting them to the WB. Those reports will be incorporated under the annual progress reports. 20 ANNEXES ANNEX 1: Relevant national legislative framework for further references Legislative framework Remark Workforce Main regulations on workforce. Law of Workforce No. 13/ 2003 The laws outline rules for state civil apparatus (ASN), which include Law of State Civil Apparatus (ASN) No. terms and conditions of work, wages, working hours and overtime, 5/2014 work rapport, placement, work protection and well-being. Specifically on workforce protection, the laws provide protection regulations against discrimination on gender, ethnical races, religions, skin colors, and political interests. Health security Law of National Social Security System No. 40/2004 Laws of National Social Security (BPJS) No. 24/2011, amended through Omnibus Law No. 11/2020 updated by Omnibus Law No.6/2023 Workplace health, safety, and security Assurance of workplace health and safety Law of Workplace Health and Safety Management (K3) Law of Disaster Management No. 24/2007 dan Government Regulation of Disaster Management No. 21/2008 Law of Environment Protection and Management No. 32/2009 Government Regulation of Workplace Safety No. 88/2019 Government Regulation of Implementation of Workplace Health and Safety Management System (SMK3) No.50/2012 Presidential Regulation of Disease Resulted from Working Circumstances No.7/2019 Presidential Regulation of Ratification on Convention Concerning The Promotional Framework For Occupational Safety And Health/Convention 187, 2006 No.34/2014 Ministry of Labour Regulation of Workplace Health & Safety 1 Legislative framework Remark Management in Construction Work No. 1/1980, explaining requirements for workplace safety Ministry of Labour Regulation of Workplace Health and Safety Committee (P2K3) No. 4/ 1987 Ministry of Labor Regulation of Workplace Safety and Health Management System (SMK3) No.5/1996 Ministry of Labor Regulation of Health and Safety Standards for labors and Workplace No. 5/2018 Ministry of Labor Regulation of Personal Protective Equipment No.8/2010 Ministry of Labor Regulation of Diagnosis and Assessment of Disability due to Work Accidents and Disease No.25/ 2008 Ministry of Labor Regulation of First Aid for Accident in Workplace No.15/2008 Association Rights Ratification agains ILO Convention No.98 on the enactment of Presidential Decree No. 83 Tahun 1998, principles to self-organize and to discuss in group and its derivative legislation of Labor Union Law; and Law of ILO Convention Ratification No.98 on Enactment of Principles to Self- Organize and to Discuss in Group No.18/1956 (Government Gazette No.42/ 1956) Forced Labor Indonesia has ratified all fundamental international labor conventions, ILO Convention No. 29/1930 om Forced including: or Compulsory Labor), ratified in a. C029 Forced Labor Convention 1933 (Nederland staatsblad 1933 No: 26 jo 1933 No: 236) and declared valid for Indonesia through Indonesia staatsblad 1933 No: 261. Law of No.19/1999 on ILO Convention b. C105 Abolition of Forced Labor Convention; No.105 Ratification concerning The Abolition of Forced Labor Law of No.18/1956 on Agreement of c. C098 Convention on the enactment of principles to self-organize International Organization and discuss in group setting; and Conventions No.98 on the Enactment d. C100 Convention on Forced Labour Wage Equality 2 Legislative framework Remark of Principles to Self-Organize and to Discuss in Group Law of No.80/ 1957 on International Labor Organization Agreement No. 100, concerning equal waging system for men and women labors working under the same condition Law of No.21/1999 on ILO Convention e. C111 Discrimination Convention (Employment and Occupation); Ratification No. 111 Concerning Discrimination In Respect of Employment and Occupation. Law of No.20/1999 on ILO Convention Government has ratified international convention on child labor, Ratification No. 138 Concerning including: Minimum Age for Admission to f. C138 Minimum Age for Admission to Employment; Employment Law of No.9/2012 on Optional Protocol g. ILO C.182 on The Worst Forms of Child Labour, United Nations To The Convention On The Rights Of Convention On The Rights Of The Child; and The Child On The Involvement Of Children In Armed Conflict Presidential Decree No. 36/1990 on h. Optional Protocols On The Rights Of The Child On The Involvement Ratification of Convention On The Of Children In Armed Conflict, Optional Protocol On The Rights of Rights Of The Child Child On The Child Trafficking, Child Prostitution, and Child Pornography; and i. Palermo Protocol on Human Trafficking Environmental Impact Assessment Ministry of Environment Regulation of Public Participation Guideline on Environmental Impact Assessment and Environmental Permit Process No. 17/2012 Discrimination towards Women Law of No. 7/1984 on the Enactment of Abolition Of All Forms Of Discrimination towards Women Convention Presidential Instruction of Gender The presidential instruction emphasizes on women participation in Mainstreaming in National national development process Development No. 9/2000 3 ANNEX 2: Project Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse (GBV/SEA) and Violence Against Children (VAC) Company/Firm Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse and Violence Against Children The company (name) is also committed to creating and maintaining an environment in which Gender-based Violence/Sexual Exploitation and Abuse (GBV/SEA) and Violence against Children (VAC) have no place, and where they will not be tolerated by any employees engaged by the company. Therefore, to ensure that all those engaged in the project are aware of this commitment, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives without exception: General 1. The company – and therefore all employees, associates, and representatives – commit to complying with all relevant national laws, rules and regulations. 2. The company commit to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, births or other status. Acts of SEA/GBV and VAC are in violation of this commitment. 3. The company shall ensure that interactions with peers and other project workers are done with respect and non-discrimination. 4. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and representatives. 5. The company will follow all reasonable work instructions in line with the national law and the Labor Management Procedure (LMP) for the project. Gender Based Violence and Violence Against Children 4 1. Acts of GBV/SEA or VAC constitute gross misconduct and are therefore grounds for sanctions, which may include penalties and/or termination of employment, and if appropriate referral to the Police for further action. 2. All forms of GBV/SEA and VAC, including grooming, are unacceptable, regardless of whether they take place on the work site, the work site’s surroundings, at workers’ camps or within the local community. i. Sexual Harassment – for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior – is prohibited. ii. Sexual favors – for instance, making promises or favorable treatment dependent on sexual acts – or other forms of humiliating, degrading or exploitative behavior, are prohibited. iii. Sexual contact or activity with children under 18 – including through digital media – is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 3. Unless there is full consent3 by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the workplace are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non- consensual” within the scope of this Code. 4. In addition to company sanctions, legal prosecution of those who commit acts of GBV/SEA or VAC will be pursued if appropriate. 5. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV/SEA and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with project’s GBV and VAC Allegation Procedures. 6. Managers are required to report and act to address suspected or actual acts of GBV/SEA and VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. Implementation To ensure that the above principles are implemented effectively the contractors commit to ensuring that: 3 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. 5 1. All managers sign the Project’s ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 2. All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement to comply with OHS standards, and not to engage in activities resulting in GBV/SEA or VAC. 3. Displaying the Company and Individual Codes of Conduct prominently and in clear view. 4. Ensure that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language as well as for any international staff in their native language. 5. An appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV/SEA and VAC issues. 6. Ensuring that the GBV/SEA and VAC Codes of Conduct are effectively implemented and revised as needed. 7. That the company/firm effectively implement the agreed final GBV/SEA and VAC Codes of Conduct, providing feedback to the PIU Director or other function(s) as applicable for improvements and updates as appropriate. 8. All employees attend an induction-training course prior to mobilization to ensure they are familiar with the Project’s GBV/SEA and VAC Codes of Conduct as well as refresher training as relevant. I do hereby acknowledge that I have read the foregoing Company/Firm Code of Conduct, and on behalf of the company agree to comply with the standards contained therein. I understand my role and responsibilities to prevent and respond to GBV/SEA and VAC. I understand that any action inconsistent with this Company/Firm Code of Conduct or failure to act mandated by this Code of Conduct may result in disciplinary action. Company name: _________________________ Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 6 ANNEX 3: Individual Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse (GBV/SEA) and Violence Against Children (VAC) Individual Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse and Violence Against Children I, ______________________________, acknowledge that adhering to environmental and social standards, following the Project’s Code of Conduct for the prevention of Gender-based Violence/ Sexual Exploitation and Abuse (GBV/SEA) and violence against children (VAC) at the work place is important. The contractor (___________________________) considers failure to follow OHS standards, or to commit GBV/SEA or VAC—be it on the work site, the work site’s surroundings, at workers’ camps, in workers’ homes, or the surrounding communities—to be gross misconduct and grounds for sanctions, penalties or potential termination of employment. Prosecution by the police of those who commit GBV/SEA or VAC may be pursued if appropriate. I agree that while working on the Project I will: 1. Attend and actively participate in training courses related to ESS, GBV/SEA and VAC as requested by my employer. 2. Not drink alcohol or use narcotics or other substances, which can impair faculties before or during work activities. 3. Consent to a police background check. 4. Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 5. Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. 6. Not engage in sexual harassment—for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, of a sexual nature, including subtle acts of such behavior (e.g. looking somebody up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; giving personal gifts; making comments about somebody’s sex life; etc.) 7. Not engage in sexual favors—for instance, making promises of favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. 8. Not participate in sexual contact or activity with children—including grooming or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 7 9. Unless there is the full consent4 by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefits (monetary or non-monetary) to community members in exchange for sex – such sexual activity is considered “non- consensual” within the scope of this Code. 10. Report through the FGRM or to my manager any suspected or actual GBV/SEA or VAC by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. With regard to children under the age of 18, I will: 1. Wherever possible, ensure that another adult is present when working in the proximity of children. 2. Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or in physical danger. 3. Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or to access child pornography (see also “Use of children's images for work related purposes” below). 4. Refrain from physical punishment or discipline of children. 5. Refrain from hiring children for domestic or other labor below the minimum age of 14 unless national law specifies a higher age, or which places them at significant risk of injury. 6. Comply with all relevant local legislation, including labor laws in relation to child labor and the World Bank’s safeguard policies on child labor and minimum age. 7. Take appropriate caution when photographing or filming children. Use of children's images for work related purposes When photographing or filming a child for work related purposes, I must: 1. Before photographing or filming a child, assess and comply with local traditions or restrictions for reproducing personal images. 2. Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. 3. Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive. 4. Ensure images are honest representations of the context and the facts. 4 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. 8 5. Ensure file labels do not reveal identifying information about a child when sending images electronically. Sanctions I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: 1. Informal warning. 2. Formal warning. 3. Additional Training. 4. Loss of up to one week’s salary. 5. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. 6. Termination of employment. 7. Report to the Police if warranted. I will avoid actions or behaviors that could be construed as GBV/SEA or VAC. Any such actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Code of Conduct, agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV/SEA and VAC issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 9 ANNEX 4: Manager Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse (GBV/SEA) and Violence Against Children (VAC) Manager’s Code of Conduct Preventing Gender Based Violence/ Sexual Exploitation and Abuse and Violence Against Children Managers at all levels have a responsibility to uphold the company’s commitment to preventing and addressing GBV/SEA and VAC. This means that managers have an acute responsibility to create and maintain an environment that respects these standards and prevents GBV/SEA and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere to this Manager’s Code of Conduct and sign the Individual Code of Conduct. This commits them to supporting the implementation of the OHS Plan and developing systems that facilitate the implementation of the GBV/SEA and VAC Action Plan. They need to maintain a safe workplace, as well as a GBV/SEA-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Company/Firm and Individual Codes of Conduct: i. Prominently displaying the Company/Firm and Individual Codes of Conduct in clear view at the workspace. ii. Ensuring all posted and distributed copies of the Company/Firm and Individual Codes of Conduct are translated into the appropriate language as well as for any international staff in their native language as applicable. 2. Verbally and in writing explain the Company/Firm and Individual Codes of Conduct to all employees within the firm. 3. Ensure that: i. All direct reports sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. ii. Signed copies of the Individual Code of Conduct are provided to all consultants hired by the firm. iii. Participate in training and ensure that staff also participate as outlined below. iv. Put in place a mechanism for staff to confidentially report GBV/SEA or VAC incidents through the Grievance Redress Mechanism (GRM) v. Consultants are encouraged to report suspected or actual GBV/SEA or VAC issues, emphasizing their responsibility to the Company/Firm and emphasizing the respect for confidentiality. 4. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees. 5. Ensure that when engaging a partnership, sub-contractor or similar agreements, these agreements: 10 i. Incorporate the GBV/SEA and VAC Codes of Conduct as an attachment. ii. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. iii. Expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against GBV/SEA and VAC, to investigate allegations thereof, or to take corrective actions when GBV/SEA or VAC has occurred, shall not only constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct but also termination of agreements to work on or supply the project. 6. Provide support and resources to the PIU to create and disseminate internal sensitization initiatives through the awareness-raising strategy for GBV/SEA and VAC issues. 7. Ensure that any GBV/SEA or VAC issue warranting police action is reported to the police, the PIU and the World Bank immediately. 8. Report and act according to the response protocol any suspected or actual acts of GBV/SEA and/or VAC, as managers have a responsibility to uphold company/firm’s commitments and hold their direct reports responsible. Training 1. All managers are required to attend an induction training course on GBV/SEA and VAC elements of these Codes of Conduct. 2. Managers are required to attend and assist with the project-facilitated training courses for all consultants employed by the firm. Managers will be required to introduce the training including collecting satisfaction surveys to evaluate training experiences and provide advice on improving the effectiveness of training. 3. Ensure that time is provided during work hours and that staff prior to mobilization attend the mandatory project facilitated induction training on GBV/SEA and VAC Codes of Conduct. Response 1. With regard to GBV/SEA and VAC: i. Provide input to the GBV/SEA and VAC sensitization as needed. ii. Once Codes of Conduct are signed, managers will uphold the measures set out in the GBV/SEA and VAC Codes of Conduct to maintain the confidentiality of all persons who report or (allegedly) perpetrate incidences of GBV/SEA and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). iii. If a manager develops concerns or suspicions regarding any form of GBV/SEA or VAC by one of their direct reports, or by any staff involved in the project, they are required to report the case using the FGRM channel and/or other applicable mechanism(s). iv. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, 11 within a maximum timeframe of 14 days from the date on which the decision to sanction was made. v. If a Manager has a conflict of interest due to personal or familial relationships with the survivor and/or perpetrator, they must notify the respective PIU director or other function(s) as applicable. The /Firm will be required to appoint another manager without a conflict of interest to respond to complaints. vi. Ensure that any GBV/SEA or VAC issue warranting police action is reported to the police, PIU and the World Bank immediately 2. Managers failing to report or comply with the GBV/SEA and VAC provisions may be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: i. Informal warning ii. Formal warning iii. Additional training iv. Loss of up to one week's salary v. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months vi. Termination of employment 3. Ultimately, failure to effectively respond to GBV/SEA and VAC cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV/SEA and VAC requirements. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ 12