ETHIOPIA DESERT LOCUST RESPONSE PROJECT-P173702 Labor Management Procedure October 2020 Ministry of Agriculture Addis Ababa Table of Contents 1. Project Development Objective ........................................................................................................ iii 2. Project Description ............................................................................................................................ iii 3. Overview of labor use on the project ............................................................................................... vi 4. Key labor risks ................................................................................................................................. viii 5. Overview of Labor Legislation: Terms and Conditions ................................................................. xi 6. Occupational Safety and Health and Working Environment .......................................................xiii 7. Age of employment ...........................................................................................................................xiv 8. Labor Management Procedure Implementation Responsible Staff ............................................. xv 9. Terms and Conditions ......................................................................................................................xvi 10. Grievance Mechanism ................................................................................................................. xvii 11. Contractor Management ...............................................................................................................xx 12. Operationalization of this LMP- Project Annual Work Plan and Budget .............................. xxi 1. Project Development Objective The main objective of the proposed intervention is to prevent, and address livelihood threats posed by the desert locust outbreak and strengthen Ethiopia’s systems for preparedness. The Labor Management Procedure (LMP) lays out the project’s approach to meeting national requirements. The Bank also requires the Borrower to prepare and implement projects to meet the requirements of the ESSs in a manner and a timeframe acceptable to the Bank. Thus, the LMP needs to meet the World Bank’s Environmental and Social Framework (ESF),requirements, specifically “Environmental and Social Standard 2: “Labor and Working Conditions (ESS2)” and Environmental and Social Standard 4: “Community Health and Safety (ESS4).” This LMP sets out the terms and conditions of employment for employing or otherwise engaging workers on the project, specifies the requirements, standards to be met, policies, and procedures to be followed, assesses risks, and proposes implementation of compliance measures. The LMP is developed to help avoid, mitigate, and manage risks and impacts in relation to project workers and ensure non-discrimination, equal opportunity, protection, fair treatment, and safe and healthy working conditions. The LMP is a living document to facilitate project planning, preparation, and implementation. It is anticipated that the LMP will be updated as additional information becomes available during project implementation, including in relation to workforce numbers and requirements, timing of project activities, and associated due diligence and social risk management. The project will ensure compliance with national law requirements as well as World Bank guidelines regarding the COVID-19 situation. 2. Project Description The aim of the Desert Locust Response Project is to prevent and respond to the threat to livelihoods posed by the desert locust outbreak and to strengthen national and regional systems for preparedness. The Program objectives would be achieved by supporting investments across three pillars as per the regional approach to the desert locust outbreak response: (a) monitoring and controlling locust population growth and curbing the spread of swarms while mitigating the risks associated with control measures; (b) protecting livelihoods of locust-affected households to prevent asset loss, and return them to productivity; and (c) preventing future locust upsurges by strengthening capacity for ex ante surveillance and control operations to facilitate early warning and early response. The total funding for the project is US$63.00 million. The proposed project includes three components and discussed as follows: Component 1: Locust monitoring and control (USS 45.10 million): The project will adopt two pronged approaches for locust monitoring and control under this component: (a) direct support to improving surveillance and assessment of locusts’ situation, habitat conditions and geographic exposure as well as targeted aerial and ground spraying; and, (b) capacity building for relevant national institutions and communities prone to locust breeding and invasion. There are three subcomponents of component 1: Sub-component 1.1: Continuous Surveillance to inform effective control operations and identification of affected and at-risk communities for assistance under Component 2. Under the sub-component, the project will finance procurement of equipment and operational costs to deploy expert teams and drones for the collection of data at strategic locations, reporting occurrences and possible occurrences of outbreaks, and assessing geographic exposure to locusts. Support to community-based monitoring and forecasting in both pastoralist and farming communities prone to locust breeding and invasion will also be provided including training of scouts and sensitization campaigns for community/village leaders by Federal/regional plant protection experts and woreda plant protection experts respectively. Sub-component 1.2: Control measures to reduce locust populations and prevent their spread to new areas through targeted ground and aerial control operations. Activities include procurement/rental of equipment (sprayers, vehicles, drones, aircrafts), support to field operations (aerial and ground operations)—input for field operations will be provided to the MoA through FAO. In addition, awareness raising and training for farmers, scouts, experts and officials at different levels (including training on pesticide management and control) will be provided by the by the Environmental and Social Safeguard Specialists and a pest management expert and then cascaded to the community level using ToT. Sub-component 1.3: Risk reduction and management to monitor and assess environmental and human health risks associated with locust control and implement health, environmental and safety measures to reduce risks to an acceptable minimum. A detailed pest management plan (PMP) will be developed and closely monitored as part of the Project Implementation Manual (PIM) to mitigate any environmental impacts of chemical and pesticide use. Activities would include: i) testing of human health and soil and water for contamination from use of insecticides; ii) optimizing the selection of control strategies, protection measures, and insecticides based on situational and environmental assessments; and iii) providing safety and awareness training for spraying teams and other locust control personnel as well as public awareness campaigns on possible environmental and health effects of insecticides, before, during and after locust control operations by the Environmental and Social Safeguard Specialists and a pest management expert and cascaded to the community level using ToT. Component 2: Livelihood protection and restoration (US$ 16.00 million). Under this component, the project will provide a seed-fertilizer-pesticide package to selected farmers to ensure planting in the upcoming cropping season and, in pastoralist areas, fodder to guard against further livestock losses and thus loss of their main productive assets. Additionally, the project will provide fodder seed to affected communities to rehabilitate pastures in rangeland areas depleted by the desert locust invasion. The GoE will also trigger emergency food security mechanisms such as the emergency food appeal and contingency funding under PSNP IV that will complement the project’s livelihood support initiatives with cash transfers to cover emergency food needs and to protect against distress sales of assets. There are two sub- components: Sub-component 2.1: Livelihoods Support: This component would be achieved through delivering (i) farmer packages to get food and fodder production re-started as soon as possible after the impact of locust swarms has been assessed and the scope of the damage is determined; and, (ii) forage to the affected pastoral households. Sub-component 2.2: Pasture rehabilitation will cover an estimated area of 81,000 hectares. Activities will include: (i) temporary forage/feed provision in pastoralist areas impacted by the locust outbreak for short term pasture improvement; and, (ii) compensation for unintended damages that may result from accidental pesticides spray impacts beyond the defined buffer zone on people, livestock, agricultural produce and livestock feed. The procurement of inputs, such as crop and fodder seed will be carried out by RBoAs (or Pastoral Community Development Offices) from existing seed sources including Government Seed Enterprise, Agricultural Cooperative Unions and/or Private Seed Producing Enterprises. Bulk procurement method at regional levels will enable to ensure that the right type and amount of inputs are purchased for each agro-ecological zone. Inputs provision to farmer packets would aim to diversify production and introduce improved varieties that provide for higher yields and are resistant to pest/disease and other threats. Pasture restoration would be done in most areas by establishing nurseries throughout the affected area to re-establish pasture flora. Both crop and pasture restoration would need to support plantings that would promote the restoration of pollinator populations in the affected area. Component 3: Strengthening Early Warning Systems and Preparedness (US$ 1.3 million). Under this component, the project would assist the Ethiopia MoA in establishing an integrated system for locust detection, occurrence projection, early warning and systematic data analysis and comprehension. Activities include: ➢ Acquisition of state-of-the-art data collection and dissemination tools and improving data collection methods. ➢ Building analytical capacity for understanding data. ➢ Assessment of current strengths and weaknesses in locust occurrence projection and early warning systems and development of a roadmap on how best to develop the systems based on international best practice. ➢ Capacity building for federal and regional experts using both national and international experts. ➢ Technical assistance through appointing senior plant protection experts to work with regional desert locust control units. Component 4: Project Management (US$ 0.60 million). Under this component, financing will be provided for (a) the hiring of a pest management expert; and, (b) operating costs for monitoring (particularly related to financial management and safeguards), technical backstopping at different levels; and (c) communication and information exchange. The project will be implemented by the Plant Protection Directorates (PPDs) within the RBoAs of each regional state within the desert locust invasion area under the oversight of the MoA. Project management activities will be carried out the PSNP IV Project Implementation Unit (PIU). 3. Overview of labor use on the project There are different categories of workers expected to be employed in 153 locust affected Woredas as described below. It is not possible at this point to present planned numbers of workers, but given the large number of Woredas, figures can be estimated in the thousands including contracted workers. With the exception of a few international technical experts, the project work will only involve male and female Ethiopian workers, with the aim of sourcing the majority locally in the Woredas. The project will use Direct workers and Contracted workers. However, the project will not use community workers, primary supply workers and migrant workers. As mentioned, under the project there are two types of workers. These are: a) Direct Workers: these include PSNP IV PIU (project coordinator and Environmental and Social Safeguard Specialists-ESSS in all regions of the PSNP) and National Plant Protection Directorate staff, regional Bureau of Agriculture and Pastoral Development Plant Protection Office staff;; consultants who work for the project implementation/coordination unit; fifteen regional plant clinic staff (Oromia (5), Amhara (2), SNNP (2) and one clinic in each of the remaining regions), Woreda plant protection staff, plant protection development agents. b) Contracted workers: are those who will be recruited by the PIU for the key implementation activities of the project: contracted aircraft operator workers; vehicle mounted pesticide workers, handheld sprayer workers, scouts (locust surveillance monitoring reporters), flag men/women, etc. If the contracted workers are going to be sourced through an employment agency (broker), information regarding the number, type and duration of contracts must be clearly communicated to the Bank. While vehicle mounted and Ethiopians operate handheld sprayers, there is a possibility that the aircraft pilot and accompanying engineer might be non-Ethiopian nationals. Currently, there are four non-Ethiopian pilots and four non-Ethiopian engineers, and two Ethiopian pilots and two Ethiopian engineers, engaged in locust infestation pesticide spraying. c) Workforce requirement: the requirement of the work force at different levels will be determined by the scope of the locust infestation. The estimates are based on a project lifetime workforce need (scouts), system strengthening (regional plant clinic workers), and peak season demand (aircraft operators, vehicle mounted sprayer operators, flagman/woman). The table below presents the estimated labor force numbers for each type of worker. Most of these workers are government civil servants.1 1 All government civil servants seconded to work on the project will remain subject to the terms and conditions of their existing public sector employment agreements/arrangements, as understood under ESS2, Scope of Application, paragraph 8. No Type of worker Estimated Remark number 1 Direct workers a National plant protection directorate staff 26 b Regional Bureau of Agriculture and Pastoral 50 Development Plant Protection office average five staff per region c Environment and Social Specialist 5 1 ESSS at Federal level, and PSNP IV is currently working in Amhara, Oromia, Afar, Tigray, SNNP and Somali regions. But not in Dire Dawa, Harari, Gambella and Benishangul Gumz regions. d Regional plant clinic staff2 45 e Consultants, Senior Plant Protection Professional 5 Advisors f Woreda plant protection staff3 459 g Plant protection development agents4 9180 2 Contracted workers a Aircraft operator workers (rented aircrafts) 5 pilots To be recruited and 5 technicians b Aircraft operator workers-four pilots and four 12 Currently working technicians non-Ethiopians and two pilots and two technicians, Ethiopians c Vehicle mounted pesticide workers 15 d Rough terrain vehicles mounted sprayer workers 20 e Hand-held motorized sprayer workers 3000 f Scouts (locust surveillance monitoring reporters) 5 1200-4500 g Flag men/women, etc. ESS2 applies to all project workers, including full-time and part time contracted and direct hire workers. 2 There are 15 plant health clinics (Oromia 5, Amhara 2, SNNP 2 and one clinic in each of the remaining regions with varying number, calculated taking 15 staff on average. 3 The woreda level staff who will work are calculated taking average three staff per woreda multiplied by 153 projects proposed woredas. 4 The number of development agents are calculated considering three per kebele, with 20 kebele on average per woreda multiplied by 153 proposed woredas. 5 Currently, there are about 1200 scouts. With the project financing the MOA envisages to increase to 4500 scouts. 4. Key labor risks The key labor risks for this intervention include: 1) occupational health and safety (OHS) risks and impacts under Component 1, specifically, to hazards (poisoning or other injuries) from the use of pesticides and other chemicals, as well as workplace accidents/injuries, including lack/inappropriate use of personal protective equipment (PPE), dust, fumes, and traffic accidents; excessive hours of work; risks relating to child labor (risk that under 18 years of age is employed/engaged in relation to the project, such as a scout), 2) community health and safety issues, including community exposure to pesticides and other hazardous materials; communicable disease (COVID-19) which may arise from the interaction of project workers with local communities, between project workers; Gender Based Violence (GBV) in relation to contacts between project workers, such as the persons doing aerial and ground spraying, the scouts, the consultants and others, and members of the project affected local communities and members of local communities, and as a result of a possible labor influx. Discrimination is potential risk. These include potential inappropriate treatment or harassment of project workers related, for example, to gender, age, disability, ethnicity, or religion; potential exclusion or preferences with respect to recruitment, hiring, termination of employment, working conditions, or terms of employment made on the basis of personal characteristics unrelated to inherent work requirements; in training and development provision. In this project no discrimination an acceptable as per the Ethiopian Labor Law and ESS2 and it support equal opportunities for women and men, with emphasis on equal criteria for selection, remuneration, and promotion, and equal application of those criteria. Measures to prevent harassment of project workers, including sexual harassment, in the workplace is addressed with GBV action plan. This will be addressed with the prepared GBV Action Plan. Project staff will sign Codes of Conduct (CoC) that can be mentioned in routine project protocol briefings and include session on SEA/SH awareness training, in the training and capacity building of the response team. Moreover, focus will be given on the sharing of key messages with project staff. The detail SEA/SH requirements, including training, COC, awareness is included in the complementary project SEA/SH plan, which will be implemented together with the LMP. It is less likely that the project area will experience substantial labor influx. Labor migration/influx (for example, the aircraft operators during the pesticide infestation sprayer period) will be limited in scope, due to limited contracted services and short windows of work. In addition, since most of the labor force, particularly the scouts are going to be recruited from the respective community6, this does not induce influx of labor from other areas to the respective locust affected areas. Yet, the project needs Specific requirements to manage risks associated with labor influx, related to interaction between project workers and local communities, such gender-based violence action plan, will be managed through contractual requirements, code of 6The recruitment of scouts uses criteria, including (i) residence to the area, (ii) commitment and discipline, (iii) have basic education for writing and reporting, and (iv) community vet the process of selection. conduct and training set out in this document. These procedures are guided by the ESS2 and Ethiopia Labor Law. The Contractor will be required to write, adopt and implement a written Labor Influx Management Plan as part of the bidding document and contract before employing any labor in the work. Managing these risks require adequate training for direct, and contracted workers. Adequate training of the workforce will also foster reducing the risks and impacts of exposure for local affected communities to project-related chemical hazards and related community safety issues covered under ESS4. It is anticipated that the labor migration/influx (for example, the aircraft operators during the pesticide infestation sprayer period) will be limited in scope, due to limited contracted services and short windows of work. The labor influx risk assessment result for Ethiopia locust response project falls under moderate regarding, while the overall project risk remains high. The labor influx issues of this project will be managed using the project ESMP, subject to Labor influx issues are discussed in the ESMP. If project circumstances change in relation to the labor influx situation, then the PIU will produce and implement a LIMP in line with this LMP and the provisions of ESS2 and ESS4. In accordance with ESS2, due to the hazardous nature or project work involving use of hazardous materials and the Ethiopian Labor Proclamation, Article 89, sub article 3 defines that young workers should not be involved in any work that endangers their lives or health. Further, Article 89, (4) outlines the barred areas for young workers. Further, article 90 states that, young workers should not be assigned to night and overtime work, of the following nature; (i) night work between10 p.m. and 6 a.m.; (ii) over time work; and, (iii) work done on weekly rest days; or (iv) work done on Public Holidays.7 Hence, given the hazardous nature of the project work, the project will not recruit any labor of under 18 years of age. In the meantime, the project will carryout important steps like documentation and verification of age to prevent employment or engagement of child labor. Hence, obtaining written confirmation from the applicant of their age; and where there is any reasonable doubt as to the age of the applicant, requesting and reviewing available documents to verify age (such as a birth certificate, national identification card, medical or school record, or other document or community verification demonstrating age, when available) will be undertaken prior to the employment or engagement of a project worker. and kept on file. It is expected that most of the labor force, particularly the scouts, will be recruited from the respective locust-affected communities8, and that recruitment of persons from these local communities will therefore minimize a labor-influx to the respective locust affected areas covered by the project. Additionally, the pesticide use may bear potential risks to community 7 Labor Proclamation No.1156/2019. Article 89, 89(4),90, 8 The recruitment of scouts uses criteria, including (i) residence to the area, (ii) commitment and discipline; (iii) have basic education for writing and reporting, and (iv) community vet the process of selection. members who will be exposed in pre, during or post spraying as owners, users (pastureland) or who work on plots (including daily laborers). For component 2, labor risks are expected to be minimal, as government civil servants will do most of the works. There are project related GBV risks which will be addressed in the complementary SEA/SH Action Plan. The key SEA/SH and GBV risks included in the complementary SEA/SH action plan relate to both: 1) GBV/SH (sexual harassment) between project workers; and 2) GBV/SEA/SH, namely gender-based violence perpetrated by project workers toward members of local communities. 5. Overview of Labor Legislation: Terms and Conditions The following terms and conditions apply for workers as per the Government of Ethiopia Labor Laws (in addition to the provisions of ESS2): • Labor Proclamation No. 377/2003 • Federal Civil Servants Proclamation 1064/2017 • Labor Proclamation No.1156/2019 (complements (does not replace, Labor Proclamation No. 377/2003). • Proclamation No. 632/2009, Employment Exchange Service Proclamation • Proclamation No. 568/2008, Right to Employment of Persons with Disability In case of variations between the national legislations, regulations, FAO guidelines and the World Bank Environment and Social Standards, the more stringent provision will be applied. i. Rest The working hours is eight hours a day with a maximum of 48 hours a week. The workers have weekly rest period consisting of not less than twenty-four non-interrupted hours in the course of each period of seven days, mainly on Sunday. The weekly rest period shall be calculated as to include the period from 6 a.m. to the next 6 a.m. Where the nature of the work or the service performed by the employee is such that the weekly rest cannot fall on a Sunday another day maybe made a weekly rest day as a substitute. The workers have also entitled for public holiday with pay. ii. Wages In the Labor Act 1997, unless the context otherwise requires, wage means the aggregate of the basic pay and all other remunerations payable to the worker by an employer and includes the value of any food, fuel or residence and any overtime, payments or other special remunerations for any work done and any other increments, provided, or gift or travelling allowance or privilege or any subscription paid by the employer for the worker in any social insurance project, such as provident fund or pension or life insurance, or special expenses paid by the employer to the workers. Article 28 (1) of the Labor Act provides that: Any contract that exceeds three months in duration shall be made in writing by the employer. Such contract shall be written in three copies and signed by the two parties. Each party shall keep one copy and the third copy shall be deposited with the Labour Office. Article 30 gives the content of contract which should include among others "the agreed wage and the time of payment". Note: It is important to mention here that the minimum wage is determined by national tripartite committee. Article 13 the worker wage is determined by the initial value of his position. Article 15 employment condition specify the age of employment as not greater than the age of retirement (65) and not less than 18. iii. Leave (annual, sick, family events, union members, special purpose, and maternity leave) Proclamation 1156/2019, Article 76-86 amended the provisions of different leaves including the number of days under the Labor Proclamation 377/2003. Every worker is entitled for annual leave after completing one year of continuous service with full pay as follows: (a) Annual leave: every worker is entitled for sixteen (16) working days of annual leave for the first year of service; where, plus one working day for every additional two years’ service. Sub article (5) states that, Where the length of service of a worker is below one year, the worker shall be entitled to an annual leave proportional to the length of his service. (b) Sick leave: a worker should complete six months for sick leave entitlement of up to six months within a year. However, should notify the employer the next day from absence from work. The worker should present a sick leave certificate from issued by a duly recognized medical facility. The worker will be paid (i) first one month, with payment of 100% of his/her wages; (ii) for the next two months, with payment of 50% of his/her wage; and (iii) for the next three months, without pay. (c) Family events: workers are entitled for leave with pay for events such as marriage, paternity leave, maximum of two rounds of leave for exceptional and serious events. (d) Union members: a worker representing a union will be entitled for leave in cases in labor disputes, negotiating collective agreements, attending union meetings, participating in seminars or training courses. (e) Maternity Leave: paid leave with presentation of certificate related with pregnancy. A pregnant worker shall be granted a period of 30 consecutive days of leave with pay of ante-natal leave and a period of 90 consecutive days of leave post- natal. If a pregnant woman does not deliver within 30 days of antenatal leave, she is entitled to additional leave until her confinement. If a pregnant woman delivers before the 30 days period has elapsed, postnatal leave commences after delivery. The Constitution of Ethiopia provides that women workers have the right to maternity leave with full pay. The new labor law of Ethiopia also grants a male worker a paternity leave for 3 working days with pay. Other than maternity leave, workers are also entitled to paid leave for medical examinations related to pregnancy and paid leave during pregnancy on recommendation of a medical doctor. iv. Benefits in the Case of Employment Injuries Proclamation 1156/2019 declares that, where a worker sustains employment injury, the employer shall cover the following expenses, among others, include: 1) general and specialized medical and surgical care; 2) hospital and pharmaceutical care; 3) any necessary prosthetic or orthopedic appliances A worker who has sustained employment injury shall be entitled to: a) periodical payment while he is temporarily disabled; b) disablement pension or gratuity or compensation where he sustains permanent disablement; c) Survivors' pension or compensation to his dependent when he dies. v. Prohibition of Child and Forced Labour Ethiopia has ratified ILO conventions related to child labor and forced labor such as ILO Convention 182 on the Worst Forms of Child Labor, Minimum Age Convention No. 138/1973; The Rights of the Child Convention, 1989, Forced Labor Convention No. 29/1930, and Abolition of Forced Labor Convention, No.105/1957. According to Labor Proclamation 1156/2019 “young worker” means a natural person who has attained the age of 15 but is below the age of 18 years, replacing previous provisions under Proclamation 377/2003 which set the age of young workers at 14 years. Article 89, sub article 3 defines that young workers should not be involved in any work that endangers their lives or health. Further, Article 89, (4) outlines the barred areas for young workers. Further, article 90 states that, young workers should not be assigned to night and overtime work, of the following nature; (i) night work between10 p.m. and 6 a.m.; (ii) over time work; and, (iii) work done on weekly rest days; or (iv) work done on Public Holidays. 6. Occupational Safety and Health and Working Environment Ethiopia has legal frameworks on Occupational Health and Safety (OHS). The Constitution (1995) under Article 42/2 stated the Rights of Labor as “workers right for healthy and safe work environment” (Proclamation No. 4/1995). There are also different legal frameworks on OHS which include: the National Occupational Health Policy and Strategy, Occupational Health and Safety Directive (2008), Occupational Health and Safety Policy and Procedures Manual, and On Work Occupational Health and Safety Control manual for Inspectors (2017/18) which will apply to the Ethiopia Locust Response Project. Occupational Health and Safety promotion is also included as priorities in the National Health Policy Statement (1993). Ministry of Labor and Social Affairs (MOLSA) and its regional counterparts are responsible for OHS at Federal and Regional levels. MOLSA has OHS and Working Environment Department responsible for OHS. Further, proclamation 1156/2019 defines the occupational safety and health, and working environment focusing on (i) preventive measures, (ii) occupational injuries, (iii) defining degree of disablement, (iv) benefits to employment injuries, (v) medical services. The provisions are outlined on Labor Proclamation 1156/2019 Part Seven, from Article 92-112. Each administrative region has an OSH department within the Labor and Social Affairs Bureau with the responsibilities of inspection service. Labor proclamation gives the power for regional Bureaus to determine standards and measures for the safety and health of workers and follow up their implementation. It is also indicated that regional bureaus must collect, compile and disseminate information on safety and health of workers. It is unlawful for an employer to: (a) impede the worker in any manner in the exercise of his rights or take any measure against him/her because he/she exercises his/her right; (b) discriminate against female workers, in matters of remuneration, on the ground of their sex; (c) terminate a contract of employment contrary to the provisions of the Labor Proclamation No. 1156/2019; (d) coerce any worker by force or in any other manner to join or not to join or to cease to be a member of a trade union or to vote for or against any given candidate in elections for trade union offices; (e) require any worker to execute any work which is hazardous to his life; (f) discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions. Ethiopian law does not specifically state that it prohibits an employer to retaliate against a worker for reporting a dangerous work situation or removing himself/herself from a dangerous work situation. Taking into account the existing laws of the country, the employer should take the following measures during the implementation of the project: • Take appropriate steps to ensure that workers are properly instructed and notified concerning the hazards of their respective occupations and the precautions necessary to avoid accident and injury to health; ensure that directives are given and also assign safety officer; establish an occupational, safety and health committee. • Provide workers with protective equipment, clothing and other materials and instruct them of its use. • Register employment accident and occupational diseases and notify the labour inspection of same. • Arrange, according to the nature of the work, at his/her own expenses for the medical examination of newly employed workers and for those workers engaged in hazardous work, as may be necessary. • Ensure that the workplace and premises do not cause danger to the health and safety of the workers. • Take appropriate pre-executions to insure that not all the processes of work shall be a source or cause of physical, chemical, biological, and psychological hazards to the health and safety of the workers. 7. Age of employment Ethiopia has ratified ILO convention of Minimum Age Convention No. 138/1973. As per the Ethiopian Labor Proclamation No.1156/2019 Article 89(1-4) of Ethiopian Labor Proclamation No.1156/2019 states Minimum age for employment is 15 years for young workers. The minimum Age for Hazardous Work is set as 18 years. Workers between the ages of 15 to 18 years are classified as young workers. It is prohibited to employ young workers to carry out work which on account of its nature or due to the condition, in which it is carried out, endangers the life or health of the young workers. According to the Ethiopian Labor Proclamation No.1156/2019 states that: Normal working hours for young persons may not exceed seven hours per day. It is prohibited to employ young workers on night work between 10 p.m. and 6 a.m.; overtime work; weekly rest days; and public holidays. The law also defined that normal hours of work for young workers shall not exceed seven hours a day. Due to the hazardous nature of the use of pesticides and other project activities, the project will not employ/engage any person under the age of 18 years of age. The PIU will undertake monitoring, at a minimum every six months, of all project workers, to ensure that there are no direct hires or community workers under 18 years of age, and that all contractors and subcontractors involved in the project are not employing/engaging anyone under 18 years of age for work in relation to the project. The project will use the following process, prior to the employment or engagement of an applicant for work on the project, to verify the person’s age. The PIU will ensure that each contractor/subcontractor also uses this process and provides the PIU with written confirmation that each worker they employ or engage in relation to the project is at least the minimum age of 18 years. This following information will be kept on file in the PIU administrative offices: • Written confirmation from the applicant of their age; and • Where there is reasonable doubt as to the age of the applicant, requesting and reviewing available documents to verify age (such as a birth certificate, national identification card, medical or school record, or other document or community verification demonstrating age). If a person under the minimum age of 18 years is discovered working in relation to the project, the PIU will take measures to terminate the employment or engagement of that person in a responsible manner, considering the best interest of that person. To ensure that the best interests of the child under 18 years are considered, the PIU will undertake, and ensure that all contractors/ subcontractors also undertake, remediation within a reasonable time period agreeable to the World Bank. The remediation activities could include, among other options: • Enrolling the child in a vocational training/apprenticeship program, but which does not interfere with the child’s completion of compulsory school attendance under national law. • Employment of a member of the child’s family, who is at least 18 years of age, by the primary supplier, contractor, or subcontractor for project-related or other work. 8. Labor Management Procedure Implementation Responsible Staff This section defines the roles and responsibilities of project implementing entities in (i) engagement and management of project workers, including direct hires, community workers and workers employed/engaged in relation to contractors/subcontractors; (ii) engagement and management of contractors/subcontractors (iii) occupational health and safety (OHS); (iv) training of workers; and (v) addressing worker grievances. The source of budget for the implementation of OHS measures is the part of the project cost. The responsible body for workers management varies depending on the type of workers and the location. The direct workers will be managed by the MoA as per the Federal Civil Servants proclamation 1064/2017 at the National, regional bureau of agriculture, bureau of pastoral development offices in the regional states as key implementing entities. Whereas, the laws would determine the contracted workforce contract terms and conditions specified in section five above. The MOA and its implementing entity at different levels will provide the required, workers training and occupation health and safety equipment and address worker grievances. This responsibility of managing staff will also pass to contractors and sub-contractors. The Contractors and sub- contractors need to assure the necessary safeguards in terms of employment security, minimum wages and amenities. The company code of conduct would be followed to ensure harmonious personnel relation at site with focus on safe working conditions and access to basic facilities for the workforce deployed at site and the workers. Contractors must engage a minimum of one health & safety representative. The health and safety representative is responsible for monitoring the day-to-day compliance to safety precautionary measures indicated in ESIA, SA, IPM and LMP, and records of any incidents and report to the FPIU. Whereas the FPIU responsible to promptly notify the Bank of any incident or accident related to the Project to the FPIU. The FPIU are responsible to promptly notify the incidence and accident to the WB within 48 hours, which will be followed by formal investigation towards a root-cause analysis within 14 days and identification a set of corrective actions. Besides, the federal PIU regularly monitor labor and working condition. The monitoring will be carried out Quarterly and annually throughout the Project implementation period. Any identified non-compliance will be included in these monitoring reports accompanied by relevant corrective actions. 9. Terms and Conditions The project will depend on the various laws; such as, (i) Labor Proclamation No. 42/1993 (replaced by Labor Proclamation No. 377/2003), (ii) Labor Proclamation No. 377/2003, (iii) labor Proclamation No.1156/2019 (complements (does not replace, Labor Proclamation No. 377/2003), (iv) Proclamation No. 632/2009, Employment Exchange Service Proclamation, (v) Proclamation No. 568/2008, Right to Employment of Persons with Disability. Further, Ethiopia is a signatory to the international UN conventions and has ratified the major international human rights instruments. Ethiopia has also ratified the following ILO conventions: • Forced Labor Convention No. 29/1930; • Freedom of Association and Protection of the Right to Organize Convention, No. 87/1948; • Employment Service Convention, No. 88/1948; • Right to Organize and Collective Bargaining Convention, No. 98/1949; • Abolition of Forced Labor Convention, No.105/1957; • Minimum Age Convention No. 138/1973; • Occupational Safety and Health Convention, No. 156/1981; • Termination of Employment Convention, No. 158/1982; • The Rights of the Child Convention, 1989; and • The Worst Forms of Child Labor Convention No. 182/1999. Hence, the terms of condition follow stringent international requirements where the gaps of the national law are filled by WB requirements and ILO convention. Hence, the terms of condition include the name and legal domicile of the employer; the worker’s name; the worker’s job title; the date employment began ;where the employment is not permanent, the anticipated duration of the contract; the place of work or, where the work is mobile, the main location; benefit packages; hours of work, rest breaks, leave entitlements and other related matters; rules relating to overtime and overtime compensation; the pension and other welfare arrangements applicable to the worker; the length of notice that the worker can expect to give and receive on termination of employment; the disciplinary procedures that are applicable to the worker, including details of representation available to the worker and any appeals mechanism; and details of grievance procedures, including the person to whom grievances should be addressed. Given the nature of workforce involved, the project will not recruit children for project related works and project monitoring will include this aspect. The WB ESS2 states that the minimum age of employment is 14 years while the newly revised Ethiopian Labor Law has extended the minimum year of employment to 15 years. However, both WB and Ethiopian law prohibits engagement of children under 18 years of age in works have hazardous nature. The other gap between the WB and Ethiopian law is the fact that the national law does not clearly indicate that it prohibits and employer to retaliate against a worker or reporting a dangerous work situation or removing himself/herself from a dangerous work situation. ESS2 of the World Bank ESF provides that project workers will not be retaliated against or otherwise subject to reprisal or negative action for reporting a dangerous work situation or removing himself/herself from a dangerous work situation. The PIU will ensure that all project workers, including those engaged by contractors, will have the right to report and remove themselves from dangerous work situations without being subject to reprisal or negative action.9 This and other provisions of the LMP will be part of the awareness raising and training sessions of the project. In such case of differences between the international conventions, national legislation, regulation, FAO guidelines and the World Bank Environment and Social Standards, the more rigorous provision will be applied. 10. Grievance Mechanism The grievance redress mechanism for addressing and managing workplace and employment related conflicts or complaints as well as gender-based violence (GBV), SEA/SH are crucial for the Locust Response Project. A project worker who has a complaint or grievance has the right to present it and obtain proper redress through the Worker Grievance Mechanism (WGM) established by the project for this purpose. In this project a grievance mechanism will be provided for all direct workers and contracted workers. The grievance mechanism which will be proportionate to the nature and scale and the potential risks and impacts of the project will be put in place. Designed in such way that to address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and will operate in an independent and objective manner. The workers will be informed of the grievance mechanism at the time of recruitment and the 9 ESS2, paragraphs 26 and 27. measures put in place to protect them against reprisal for its use. Measure will be put in place to make the grievance mechanism easily accessible to all such project workers. The MOA, Plant Protection Directorate will establish an accessible and functional WGM for all categories of workers described in this LMP, including direct hires, workers hired through contractors/subcontractors. Labor Proclamation No. 1156/ 2019, Chapter 3, Article 141, has also introduced that employers and workers or their respective associations may use social dialogue in order to prevent and resolve labor disputes amicably. Article 141, chapter 3. Beside the government civil servants seconded to this project have access to grievance procedures under Ethiopian government public service laws10. The project specific GM for the workers will be at two levels: 1) at the national level (MOA, Plant Protection Directorate), and 2) in each of the respective regional bureau of agriculture and Pastoral development offices. It should be emphasized that this GM is not a substitution to legal system for receiving and handling grievances. However, this is formed to mediate and seek appropriate solutions to labor related grievances, without escalating to higher stages. At the national level (MOA, Plant Protection Directorate) the member of the GRC include (i) MoA HR head, (ii) Grievance focal officer and (iii) plant protection Directorate Director (iv) MoA Women and Children Directorate Director. In each region, regional bureau of agriculture and Pastoral development offices the members include (i) community representatives, (ii) grievance focal officer, (iii) Employee representatives, (iv) Women Representative. At regional level and devolving government structure the committee members are represented based on the will of the community, labor and women. 10.1 Principles and Procedures of the GM • This workers GM is not same as the grievance mechanism to be established for project affected stakeholders. • Both direct and contracted workers will be informed of the WGM at the time of recruitment and the measures put in place to protect them against any reprisal for its use. • The WGM will be easily accessible via the disclosure of a hotline and/or office hours and transparently disclosed to all employees to raise workplace concerns. • The WGM shall be transparent in using clear procedures. • There will be no discrimination against those who express grievances, and all grievances will be treated confidentially. • Anonymous grievances will also be accepted and treated equally as other grievances whose origins are known. • The PIU and other responsible project management will treat grievances seriously and take timely and appropriate action in response. 10 Labor Proclamation No. 1156/ 2019. • The aggrieved parties shall be informed within 10 days of their grievance application, either with a respective solution or with a request of extension in cases where more information is needed. • The aggrieved party shall have the option to refer to a grievance log with key information that will be established by the regional bureau of agriculture and pastoral development office. • Grievance logbook will be maintained in the project office. • The WGM, however, does not replace or override the requirement that the PIU provide for workplace processes for project workers to report work situations that they believe are not safe or healthy, such as reporting requirements regarding workplace injuries and accidents. • The WGM will not prevent workers to use judicial procedure or administrative remedies that might be available under the law or existing arbitration procedures or substitute for collective agreements grievance mechanisms, if preferred. • The quarterly environment and social implementation will include reports on grievances related to project labor and working conditions issues. If not satisfied with the outcome of the regional level, the aggrieved party shall be able to access a second level committee at the MOA level. 10.2 Worker Grievance Mechanism Structure Woreda level. The project focal person at the woreda level will serve as Grievance Focal Point (GFP) to file the grievances and appeals of the project workers. He/She will be responsible to coordinate with relevant labor and social affairs offices and persons to facilitate addressing these grievances. If the issue cannot be resolved at the woreda level within five working days, then it will be escalated to the region level. Regional Bureau of Agriculture and Pastoral Development level: The Environment/Social specialist will serve as Grievance Focal Point (GFP) to file the grievances and appeals. He/She will be responsible to coordinate with relevant departments and persons to facilitate addressing these grievances. If the issue cannot be resolved at the regional level within ten working days, then it will be escalated to the MOA level. Ministry of Agriculture: If there is a situation, in which there is no response from the regional level, or if the response is not satisfactory, then complainants and feedback providers have the option to contact the Focal Person at MOA, Human Resources Directorate of the MOA directly to follow up on the issue. Ministry of Labor and Social Affairs (MOLSA): Workers who are not satisfied with the decisions of the MOA Human Resource Directorate decision could take their cases to the labor dispute court at the MOLSA. This could be dealt at two levels, (i) through taking the case to the formal labor division courts, (ii) through the labor relations board for conciliation. A GRM is oriented toward providing solutions and incorporates the principles of transparency, accessibility, due diligence, and responsiveness. The locust response project will use the RPSNP project grievance mechanism and in areas where RPSNP is not available, the project will use the public grievance hearing mechanism. The project will recognize customary and/or traditional conflict resolution mechanisms. The project will provide resources to ensure the functioning of the GRM system. Grievance information will be recorded and reported in the regular implementation progress reports. The project will equally ensure that grievances related to GBV are recognized and referred to respective service providers based on a survivor-centered approach (that is always based on the demands of survivors and ensuring confidentiality as outlined in SA). Such grievances shall not be handled according to standard GRM procedures but by the Woreda Women and Children Affairs Office or female GBV focal points to be selected and trained to provide basic referrals. Grievance redress committee will be established at Woreda and/or regional level composed of the local community to ensure accessibility and transparency of the GRM in non-PSNP areas. If an effective Grievance redress committee will be established at Woreda and/or regional level composed of the local community to ensure accessibility and transparency of the GRM in non- PSNP areas. If an effective and functional grievance redress committee exists at Woreda or region level, the exiting GRM will serve as a location for addressing grievances related to the locust response project with provision of appropriate training for the committee members regarding the requirement in the project. • Step 0: Grievance discussed with the respective Woreda focal person or development agent • Step 1: Grievance raised with the Woreda Grievance Office • Step 2: Appeal to the Regional Grievance Office • Step 3: Appeal to the Ethiopia Independent Ombudsman and/or the Ministry of Agriculture. • Step 4: Once all possible redress has been exhausted and if the complainant is still not satisfied then they should be advised their right to take their case to the formal legal recourse. 10.3 World Bank Grievance Redress System Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB‟s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit, https://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress- service. For information on how to submit complaints to the World Bank Inspection Panel, please visit, www.inspectionpanel.org. 11. Contractor Management The MOA, through the Plant Protection Directorate will outsource the rental of five sprayer aircrafts. The MOA will undertake due diligence assessment of the aircraft rental company labor practice and adherence to the international conventions Ethiopia has ratified, national law, ESMF, ESS2 and in this labor management procedure. The contract will include clauses that refer to the ESCP, SEP, and the LMP requirements. The MOA, Plant Protection Directorate will be required to carry out due diligence procedures to identify if there are significant risks from the aircraft rental company on issues and requirements related to child labor, forced labor, and safety of workers. If there are any risks related to child and forced labor, and safety identified, MOA, through the Plant Protection Directorate will prepare the procedures to address these risks and notify the Bank on the same. Moreover, the PIU will make reasonable efforts to ascertain that third parties who engage contracted workers are legitimate and reliable entities and have in place labor management procedures applicable to the project that will enable them to operate in accordance with the requirements of ESS2. In making this determination in the contractor selection process for the project, the PIU will review information, including public records, for example, corporate registers and public documents relating to violations of applicable labor law, including reports from labor inspectorates and other enforcement bodies; business licenses, registrations, permits, and approvals; documents relating to a labor management system, including OHS issues, for example, labor management procedures; identification of labor management, safety, and health personnel, their qualifications, and certifications; workers’ certifications/permits/training to perform required work; records of safety and health violations, and responses; accident and fatality records and notifications to authorities; records of legally required worker benefits and proof of workers’ enrollment in the related programs; worker payroll records, including hours worked and pay received; identification of safety committee members and records of meetings; and other relevant points as required. The MOA will follow due process in monitoring the contractor’s compliance with the WB ESS02, the international conventions Ethiopia has ratified, national law, ESMF, ESS2 and in this Labor Management Procedure. The MOA subsequently will provide regular reports (on monthly, quarterly and annual basis) regarding the performance of the contractors. 12. Operationalization of this LMP- Project Annual Work Plan and Budget The client will ensure the commitments and planned activities in this labor management procedure are operationalized through the project annual workplan and budget. The client must include environmental and social activities in this LMP with estimated budget in the annual work plan and budget. The project annual workplan and budget passes through a review by task team leaders and environmental and social specialists prior to issuance of no objection. National MOA Regional Bureau of District Aircraft Community level Civil Servant, Agriculture and Pastoral level operators11, workers, scouts, Provision including Development Civil vehicle mounted flag man/woman consultant staffs Servant, including sprayer operator and surveyors consultant staff staff, Working Contract X X X X X Adequate periods of rest per week, annual holiday and sick, maternity and X X X X x family leave Termination process in accordance with Ethiopian Labor Law, relevant / / / X / International Conventions Ethiopia ratified Non-Discrimination X X X X x Workers’ organization In line with the X X X X GoE Proclamation Minimum age of employment X X X X x Prevention of Forced Labor X X X X X Monthly salary payment X X X X x Additional package due to the side / / X X X effects of pesticide Accommodation / / X / x Health Insurance X X X X X Code of Conduct All staff working All staff working in the X X x in the project project Occupational Health and Safety X x x x X 11 The aircraft pilots and technicians could be non-Ethiopians. Whereas, all vehicle mounted, and handheld sprayers are locally recruited.