REPUBLIC OF TÜRKİYE MINISTRY OF AGRICULTURE AND FORESTRY DIRECTORATE GENERAL OF EUROPEAN UNION AND FOREIGN RELATIONS AGRICULTURE SECTOR RECOVERY IN TÜRKİYE'S EARTHQUAKE- AFFECTED PROVINCES PROJECT (P181428) LABOR MANAGEMENT PROCEDURES September 2024 Table of Contents List of Tables.............................................................................................................................................................ii List of Annexes .........................................................................................................................................................ii List of Abbreviations ............................................................................................................................................... iii Glossary ................................................................................................................................................................... iv Executive Summary ................................................................................................................................................. 1 1. Overview of Labor Use in the Project ........................................................................................................ 2 1.1. Characteristics of Project Workers ........................................................................................................ 2 1.2. Number of the Project Workers ............................................................................................................ 2 1.3. Timing of Labor Requirements .............................................................................................................. 2 2. Assessment of Key Potential Labor Risks ................................................................................................... 3 2.1. Occupational Health and Safety Risks .................................................................................................. 3 2.2. Sexual Harassment, Abuse, and Gender-Based Violence ...................................................................... 3 3. Brief Overview of Labor Legislation: Terms and Conditions ...................................................................... 4 4. Brief Overview of Labor Legislation: Occupational Health and Safety ...................................................... 5 5. Responsible Staff........................................................................................................................................ 5 6. Policies and Procedures ............................................................................................................................. 9 Code of Conduct .................................................................................................................................................. 9 7. Age of Employment.................................................................................................................................. 10 8. Terms and Conditions .............................................................................................................................. 10 9. Grievance Mechanism ............................................................................................................................. 11 Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) ........................................................................... 12 World Bank Grievance Redress System ............................................................................................................ 12 10. Contractor Management ......................................................................................................................... 12 11. Community Workers ................................................................................................................................ 14 12. Primary Suppliers ..................................................................................................................................... 14 References ............................................................................................................................................................ 15 Annexes ................................................................................................................................................................. 16 Annex 1: Code of Conduct ................................................................................................................................. 17 Annex 2: Grievance Form .................................................................................................................................. 19 Annex 3: Grievance Closeout Form ................................................................................................................... 20 Annex 4: Grievance Log ..................................................................................................................................... 21 i List of Tables Table 1: National Legislation on Child Labor........................................................................................................... 1 Table 2: National Policies and Actions on Child Labor ............................................................................................ 2 Table 3: International Programs on Child Labor ..................................................................................................... 2 Table 4: Sexual Harassment Information ................................................................................................................ 3 Table 5: Main Roles and Responsibilities ................................................................................................................ 6 List of Annexes Annex 1: Code of Conduct Annex 2: Grievance Form Annex 3: Grievance Closeout Form Annex 4: Grievance Log ii List of Abbreviations ABDGM Directorate General of European Union and Foreign Relations BÜGEM General Directorate of Plant Production CoC Code of Conduct E&S Environmental and Social EHSGs World Bank Group Environmental, Health and Safety Guidelines ESF Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESSs Environmental and Social Standards GBV Gender-Based violence GD General Directorate GM Grievance Mechanism GRS Grievance Redress Service HAYGEM General Directorate of Livestock LMP Labor Management Procedures M&E Monitoring and Evaluation MoAF Ministry of Agriculture and Forestry OHS Occupational Health and Safety PCU Project Coordination Unit SEA/SH Sexual Exploitation and Abuse/Sexual Harassment ToR Terms of Reference TRGM Directorate General of Agricultural Reform WB World Bank WGM Workers’ Grievance Mechanism iii Glossary Grievance Mechanism (GM) is an accessible and inclusive system, process, or procedure that receives and acts upon complaints and suggestions for improvement in a timely fashion and facilitates resolution of concerns and grievances arising in connection with a project. Labor Management Procedures (LMP) identifies categories of project workers likely to be involved in the proposed project and determines how to meet the requirements of ESS2 and national legislation that are applicable to these categories. Proposed Project refers to Agriculture Sector Recovery in Türkiye's Earthquake-Affected Provinces Project. Project Coordination Unit (PCU) refers to the staff of the unit established under the Directorate General of European Union and Foreign Relations (ABDGM) who are responsible for the overall coordination of proposed Project, including monitoring and reporting to World Bank. General Directorates (GDs) refers to the Directorate General of Agricultural Reform (TRGM), General Directorate of Plant Production (BÜGEM) and General Directorate of Livestock (HAYGEM) which are responsible for the implementation of the project, including the preparation and implementation of ESF instruments. Stakeholder refers to individuals or groups who: (a) are affected or likely to be affected by the project (project-affected parties); (b) may have an interest in the project (other interested parties); and (c) vulnerable groups. iv Executive Summary In this project, community workers are not anticipated to be engaged in project activities. The application of definition of workers in ESS 2 to Project is:  Direct workers  Contracted workers  Primary supply workers The total number of direct workers who will be involved in the implementation of the project activities is estimated to be around 1,000, including both GDs and PCU experts that will be hired and dedicated MoAF staff. The number of contracted workers to be employed as part of soil surveys, civil works, database/software services and training, and the number of primary supply workers who will be employed by primary suppliers of the project are not yet known. Occupational health and safety (OHS) risks will vary from low to high depending on the nature of the work to be carried out. Key labor risks associated with OHS risks are listed below and detailed in Section 2. o Accidents and Injuries o Exposure to dust o Exposure to noise o Accidents caused by confined spaces and excavations (where entry or exit is difficult, such as silos, boats, hoppers, utility boxes, tanks, drains, pipes and access shafts) o Other hazards (injuries from exposure to chemicals, hazardous or flammable substances, and liquid, solid or gaseous wastes) o Emergency situations (fire, chemical spill, etc.) All labor to be used in site works will comprise of contracted workers. All contracted workers’ rights will be protected by employment contracts in accordance with the Labor Law (No. 4857) and contractors and subcontractors will make sure that all workers are registered in the SSI. The contractors will adopt and implement the Code of Conduct (CoC), which will be included in the World Bank Standard Bidding Documents. The Code of Conduct will also include measures to address SEA/SH issues. Turkish law prohibits anyone under 18 from performing hazardous work, and construction is considered hazardous. Thus, no construction workers under the age of 18 years will be employed. As MoAF is a governmental ministry no one under the legal age (18 years) is permitted to work within the institution. Therefore, child labor risks are not expected in relation to the project. In addition to project’s GM for its internal and external stakeholders, the ESS 2 requires establishment of a Workers’ Grievance Mechanism (WGM) for the project workers. The project workers will use the WGM to convey their concerns or suggestions regarding their working conditions and workplace. Details of the GM is provided in Section 9. Most of the activities of the Project will be contracted. Contracting requirements are provided in Section 10. Primary suppliers will be subjected to ESS2 requirements that will be specified and guided in the contractual agreements between MoAF and suppliers. Requirements for primary suppliers are given in Section 12. 1 1. Overview of Labor Use in the Project 1.1. Characteristics of Project Workers In this project, community workers are not anticipated to be engaged in project activities. The application of definition of workers in ESS 2 to Project is:  Direct workers1 will be the staff of the MoAF are engaged in the project and if externally hired, the staff of PCU and GDs. While, the staff of the General Directorates those will mainly engage in investment, site selection, plan, tendering and monitoring activities will be subject to Civil Servants Law (No. 657),  Contracted workers will be the workers of the contractors and their subcontractors. They will be engaged during the implementation of the Project activities. These are employees/workers of; o information technology companies that will provide database and software related services o soil survey companies o construction firms o training firms o grant beneficiaries  Primary supply workers will be the workers of the firms which on ongoing basis, will provide directly to the project goods or materials essential for the core functions of the project such as employees of o third-party companies that will provide machinery and/or hardware for the micro- scale investment component of the project o companies that will provide computers, servers and security-related equipment o companies that provide licenses for the software 1.2. Number of the Project Workers Direct Workers. The total number of direct workers who will be involved in the implementation of the project activities is estimated to be around 1,000, including both GDs and PCU experts that will be hired and dedicated MoAF staff. Contracted Workers. The number of contracted workers to be employed as part of soil surveys, civil works, database/software services and training is not yet known. This will be determined during the implementation phase of the Project. Primary Supply Workers. The number of primary supply workers who will be employed by primary suppliers of the project is currently not known. This will become known when project implementation started and determined through the agreement between MoAF and primary suppliers. 1.3. Timing of Labor Requirements Direct workers will be engaged from the beginning of the project and will work full time throughout the duration of the project. Contracted workers will be recruited on an activity basis as a result of the tender. Working duration will be different for each activity, but they will generally be employed full time. 1 A worker with whom the Borrower has a directly contracted employment relationship and specific control over the work, working conditions, and treatment of the project worker. The worker is employed or engaged by the Borrower, paid directly by the Borrower, and subject to the Borrower’s day-to-day instruction and control. Examples of direct workers may include persons employed or engaged by the Borrower’s project implementation unit to carry out design and supervision, monitoring and evaluation, or community engagement in relation to the project. 2 2. Assessment of Key Potential Labor Risks 2.1.Occupational Health and Safety Risks Occupational health and safety (OHS) risks will vary from low to high depending on the nature of the work to be carried out. Key labor risks associated with OHS risks are listed below: o Accidents and Injuries - Over-exertion (Includes ergonomic injuries from repetitive movements and handling, as well as overexertion) - Slips and Falls - Falls from high places - Accidents caused by tools used during construction - Accidents caused by vehicles on the construction site - Traffic accidents that occur during work on the road o Exposure to dust o Exposure to noise o Accidents caused by confined spaces and excavations (where entry or exit is difficult, such as silos, boats, hoppers, utility boxes, tanks, drains, pipes and access shafts) o Other hazards (injuries from exposure to chemicals, hazardous or flammable substances, and liquid, solid or gaseous wastes) o Emergency situations (fire, chemical spill, etc.) In general, excessive overtime working hours is a potential labor risk in the construction sector in Türkiye. There is a potential risk that due to project limited time period and seasonal restrictions of construction works, contracted workers may perform overtime time hours above the annual limit set by the Labor Law. The sub-projects do not expect to have labor influx risks as majority of the workforce will be hired locally. Majority of the workforce will be Turkish. However, if other labor risks arise during project implementation, GDs will develop procedures to prevent further impacts. 2.2. Sexual Harassment, Abuse, and Gender-Based Violence Abuse and gender-based violence under national legislation are prohibited however and there are legal sanctions on these issues. Based on a workface that will be hired largely locally, significant labor influx is not foreseen and the risk for sexual exploitation and abuse/sexual harassment (SEA/SH) is assessed as low. During implementation period the contractors and workers will be required to follow the Code of Conduct included in Annex 1 of this LMP and adhere to the principles below. During the all project phases the following principles will be adopted and applied. These are:  Principle 1: Foster a culture of respect and high standards of ethical behavior across institutions.  Principle 2: Establish and maintain standards aimed at preventing sexual harassment, abuse, and exploitation and other forms of misconduct.  Principle 3: Provide a safe and trusted environment for those affected by sexual harassment, abuse, and exploitation to step forward to report incidents and concerns, with the assurance that they will be treated respectfully and consistently. 3  Principle 4: Provide protection for those affected, as well as whistle-blowers and/or witnesses within their institutions, and to take appropriate measures against any form of retaliation.  Principle 5: Maintain robust policy frameworks and clear institutional mechanisms that address how incidents and allegations will be handled should they arise.  Principle 6: Provide effective training programs so all staff understand the requirements and standards of behavior expected of them as international civil servants.  Principle 7: Support clients to develop and implement policies and mechanisms that address sexual harassment, abuse, and exploitation. Mandatory trainings will be given on codes of ethics/conduct and harassment and misconduct issues for workers. 3. Brief Overview of Labor Legislation: Terms and Conditions Employee rights and responsibilities are defined by the following laws and regulations:  Labor Law (No. 4857) and respective regulations, and  Social Insurance and General Health Insurance Law (No. 5510) and respective regulations. Terms and Conditions of Labor Legislation The Labor Law, which regulates the working environment and the rights and responsibilities of the workers working on the basis of an employment contract with employers, is in force with the number 4857, since 22.05.2003. This Law applies to all workplaces, excluding exceptions defines in Article 4, to employers, employer representatives and workers of these workplaces regardless of their field of activity. Article 4 - The provisions of the Labor Law do not apply to the jobs and business relationships listed below:  Sea and air transportation,  Agricultural and forestry work and employing less than 50 employees,  All kinds of family-run construction work related to agriculture,  Home works and handicraft works are carrying out among the members of a family and their relatives up to the 3rd degree (İncludes 3rd degree) and no other person from outside,  Domestic work,  Apprentices,  Sportsmen,  People in rehabilitation, and  In workplaces where three people work in accordance with the Article 2 of the Tradesmen and Craftsmen Law No. 507. As it is seen, agricultural and forestry workplaces employing less than fifty-one workers are not covered by the Labor Law. During the implementation of projects within the scope of the Project, it will be convenient and required to establish a formal contract between employer and agricultural and forestry workers regardless of their number and to fulfill the obligations of the labor law. The employers are expected to fulfill the obligations described under Section 3. 4 Non-Discrimination and Equal Opportunity Article 5 of the Labor Law regulates the prohibition of discrimination in employment. According to the article “No discrimination based on language, race, sex, political opinion, philosophical belief, religion and color or similar reasons is permissible in the employment relationship”. Unless there are essential reasons for differential treatment, the employer must not make any discrimination between a full-time and a part-time employee or an employee working under a fixed term employment contract (contract made for a definite period) and one working under an open- ended employment contract (contract made for an indefinite period). Except for biological reasons or reasons related to the nature of the job, the employer must not make any discrimination, either directly or indirectly, against an employee in the conclusion, conditions, execution, and termination of his/her employment contract due to the employee’s sex or maternity. Freedom of Association Workers and public officials have different union legislation. Workers were covered by the Unions and Collective Agreements Law (No. 6356) (dated on 07.11.2012, Official Gazette No. 28460). According to Unions and Collective Agreements Law (No. 6356) (dated on 07.11.2012, Official Gazette No. 28460) Article 17:  Those who are over the age of fifteen and deemed to be workers according to the provisions of this Law may be a member of labor unions.  Those deemed to be employers within the meaning of this Law may become members of employer unions.  It is free to join the union. No one can be forced to join or not to join the union. Workers or employers cannot be members of more than one union at the same time in the same industry.  However, workers working in the same line of business and at the same time in workplaces belonging to different employers may be members of more than one union. In case the workers and employers are members of more than one union contrary to this provision, subsequent memberships are invalid. Trade union freedom is guaranteed by Article 25 of this Law according to this, the recruitment of workers cannot be conditioned on whether they are members of any trade union or not. On the other hand, public officials were covered by the Public Officials Unions and Collective Contract Law (No. 4688) (Law date: 25.06.2001, Official Gazette No. 24460). According to this Law, Article 14:  Public officials can become members of a union established in the service branch of their workplace.  It is not possible to be a member of more than one union. Subsequent memberships are void in case of membership in more than one union. Additionally, according to Article 18, the public employer cannot make a distinction between public officials whether they are members of any trade union or not. Collective Dismissal Article 29 of Law No. 4857 defines the collective dismissal and its conditions. According to the Article: When the employer contemplates collective terminations for reasons of an economic, technological, structural or similar nature necessitated by the requirements of the enterprise, the establishment or 5 activity, s/he shall provide the union shop-stewards, the relevant regional directorate of labor and the Public Employment Office with written information at least 30 days prior to the intended lay-off. A collective dismissal occurs when,  in establishments employing between 20 and 100 employees, a minimum of 10 employees,  in establishments employing between 101 and 300 employees, a minimum of 10% of employees,  in establishments employing 301 and more workers, a minimum of 30 employees, are to be terminated in accordance with Article 17 of the Labor Law on the same date or at different dates within one month. Wages and Deductions Article 32 of Labor Law defines the wages as; “in general terms, wages are the amount paid to someone by the employer or third parties in exchange for a job and paid in money. As a rule, wages, premiums, and bonuses are paid, in Turkish money, to a bank account opened at the workplace or privately. If the wage has been decided in terms of a foreign currency, it may be paid in Turkish money according to the currency rate on the date of payment. Wage payment must not be made in bonds, coupons or another paper claimed to represent the national currency valid in the country or by any other means whatsoever. Wage may be paid on a monthly basis at the latest. The time of remuneration may be reduced down to one week by employment contract or by collective agreement. Statutory limitation on wage claims is five years.” Working Hours According to the Article 63 of Labor Law, duration of work will not exceed 45 hours per week. This does not include time for rest breaks according to the Article 68 of the law. Where hours are not equally distributed during the week, the daily working time may not exceed 11 hours per day. Rest Breaks According to the Turkish Labor Law, Article 67, the beginning and ending of the daily working time and rest breaks shall be announced to workers at the establishment. Depending on the nature of activity, the beginning and ending times of work may be arranged differently for employees. Rest breaks are regulated by Turkish Labor Law, Article 68 as follows;  fifteen minutes, when the work lasts four hours or less,  half an hour, when the work lasts longer than four hours and up to seven and a half hours (seven and a half included), and  one hour, when the work lasts more than seven and a half hours. According to the Labor Law, Article 46, the employees working in establishments covered by Labor Law shall be allowed to take a rest for a minimum of twenty-four hours (weekly rest day) without interruption within a seven-day time period. For the unworked rest day, the employer shall pay the employee’s daily wage, without any work obligation in return. Annual Leave According to the Labor Law, Article 53, employees who have completed a minimum of one year of service in the establishment since their recruitment, including the trial period, shall be allowed to take annual leave with pay. The length of the employee’s annual leave with pay shall not be less than: 6  Fourteen days if his length of service is between one and five years, (five included),  Twenty days if it is more than five and less than fifteen years, and  Twenty-six days if it is fifteen years and more (fifteen included). However, employees below the age of eighteen and above the age of fifty, the length of annual leave must not be less than twenty days. It is stipulated in the 3rd clause of Article 53 of the Labor Law (No. 4857) that "The provisions of this Law regarding annual paid leaves are not applied to those who work in seasonal or campaign works lasting less than one year due to their qualifications”. In that case, workers who work seasonally in a workplace are not entitled to annual paid leave. Overtime Work According to the Labor Law, Article 41, wages for each hour of overtime shall be remunerated at one and a half times the normal hourly rate. In cases where the weekly working time has been set by contract at less than forty-five hours, work that exceeds the average weekly working time done in conduction with the principles stated above and which may last only up to forty-five hours weekly is deemed to be work at extra hours. In work at extra hours, each extra hour shall be remunerated at one and a quarter times the normal hourly rate for workers who work less than 45 hours a week. If the employee who has worked overtime or at extra hours so wishes, rather than receiving overtime pay he may use, as free time, one-hour and thirty minutes for each hour worked overtime and one hour and fifteen minutes for each extra hour worked. The employee shall use the free time to which he is entitled within six months, within his working time and without any deduction in his wages. The employee’s consent shall be required for overtime work. Total overtime work shall not be more than two hundred seventy hours in a year. Labor Disputes Labor disputes are defined in Turkish Labor Law, Article 20. According to this article, the employee whose employment contract is terminated has to apply to the mediator in accordance with the provisions of the Labor Courts Law, with a request for reemployment within one month from the date of notification of termination, claiming that the reason is not indicated in the termination notice or the reason shown is not a valid reason. The burden of proving that the termination was based on a valid reason shall rest on the employer. However, the burden of proof shall be on the employee if he claims that the termination was based on a reason different from the one presented by the employer. The provisions on mediation are defined in the Law No. 6325 on Mediation in Legal Disputes. Child Labor The subject of child labor is defined in the Turkish legislation within the framework of the constitution, laws, and regulations. The table below presents the list of respective articles from the national legislations on child labor. 7 Table 1: National Legislation on Child Labor Legislation Name Article Explanation No The Constitution of the 50 Nobody can be employed in jobs that do not match their age, gender, and strength. Republic of Türkiye Children, women, and those with physical and mental disabilities are specially protected in terms of working conditions Labor Law (No. 71 The minimum employment age is 15. However, children who have completed the 4857) age of 14 and their primary education may be employed on light works that will not prevent their physical, mental, and moral development, and for those who continue their education, in jobs that will not prevent their school attendance. Regulation on the 6 Children who have completed the compulsory primary school age and do not attend Procedures and formal education cannot work more than seven hours a day and thirty-five hours a Principles of Employing week. These periods can be increased up to eight hours a day and forty hours a week Child and Young Workers for children who have completed the age of fifteen. (06.04.2004/25425) Primary Education and 59 Those who do not attend compulsory primary education institutions cannot be Training Law (No. 222) employed (for a fee or for free) in any official and private workplaces. Those who document that they attend primary education institutions can be employed in such places except for the lecture hours provided that the provisions of the law regulating the employment of children are applied. Child Protection 4 The basic principles for the protection of the child rights are explained. Law (No. 5395) Prime Ministry 5 Provincial Public Health Directorates are responsible for regular screening for Circular (2017/6) seasonal agricultural workers and their families for cancer screening and for infectious and epidemic diseases, monitoring pregnant, infants and children, and for reproductive and women's health services with mobile teams or by assigning health personnel according to population density. 7 The Provincial Directorate of National Education is obliged to take measures to ensure the continuing education of seasonal migrant agricultural workers’ children. Public Health Law (No. 173 Employment of all children under the age of 12 as labor and apprentice in all kinds 1593) of businesses, such as factories, workshops, mines is prohibited. Vocational Training Law 13 The owner of the workplace must make a written apprenticeship contract with the (No. 3308) parent of the candidate before starting the apprentice. Restructuring of Some 51 In this article, it has been introduced that discontinuous workers in agriculture and Receivables and Social forestry sectors will work with insurance and their insurance will be evaluated within Insurance and General the scope of 4 (a) at the same law. Agricultural workers under this insurance have Health Insurance Law- been given the opportunity to benefit from work accident, occupational disease, 6111 disability, old age, death insurance and general health insurance. In addition to national legislations, Türkiye has a large number of national programs and policies on child labor which are provided in the table below. 1 Table 2: National Policies and Actions on Child Labor Policy Title Scope The National Time-Bound Policy TBPPF aims to eliminate the worst forms of child labor by 2015, has been developed and Program Framework in 2005 with the support of the ILO. (TBPPF) National Program on the Identifies seasonal migratory agriculture, street work, and work in small and medium Elimination of Child Labor (2017– industrial enterprises as priority sectors for government efforts to combat child 2023) labor. Outlines a series of nationwide interventions aimed at eliminating child labor, including combating poverty, inclusive education, and increasing social awareness. In 2018, the Turkish Government continued its implementation. Joint Declaration of the In 2018, the Turkish Government contributed to the National Program on the Elimination of Child Labor Elimination of Child Labor objectives by signing a Joint Declaration of the Elimination of Child Labor, declaring 2018 as the Year of Elimination of Child Labor. Second National Action Plan on Outlines Türkiye’s strategy for the prevention of human trafficking. Identifies children Combating Human Trafficking as an exceptionally vulnerable group and calls for special security precautions for children at shelters for victims and increased international cooperation on preventing child trafficking. National Employment Aims to identify and solve labor market issues, with the goal of job creation and Strategy (2014–2023) sustained economic growth. Includes the prevention of child labor, especially hazardous work in agriculture, as a focus of the plan. Advocates for increased access to education and strengthened social services as a means of preventing child labor. Initiatives in the new action plans include requiring Provincial Employment and Occupational Education Boards to evaluate progress in combating child labor locally and organizing activities to raise awareness about child labor in connection with the World Day Against Child Labor. The Monitoring and Evaluation Board met in 2018 to review actions taken against child labor. Eleventh Development Identifies Türkiye’s strategy and goals for economic development. Includes the priorities Plan (2019–2023) of alleviating child poverty and increasing equal opportunity in education. Includes provisions for the prevention of the worst forms of child labor. 609. Child labor will be combated, particularly in the streets, in heavy and dangerous works, in paid, mobile and temporary agricultural works, excluding family works. 609.1. Social awareness will be developed in the field of combating child labor. 609.2. Units for Combating Child Labor will be expanded in 81 provinces, and they will be made more effective in order to develop cooperation and coordination with relevant institutions and organizations working in the field of combating child labor locally. The list of international programs in which Türkiye is a party and has an important role are provided in the table below. Table 3: International Programs on Child Labor Program Title Scope The Türkiye was one of the first six countries to participate to IPEC in 1992. The ensuing program International Program for support delivered by ILO-IPEC, was formulated jointly with the Turkish Government in coherence the Elimination of Childwith national policies and objectives. Since that time, Türkiye has been working on reducing incidences of child labor and has made progress in ensuring children’s rights. In the context of IPEC, Labor (IPEC) – (1992- 2008) a number of projects have been implemented. UNICEF in Türkiye UNICEF in Türkiye works to eliminate child labor targeting Turkish and refugee children through a multi-sectoral strategy involving capacity development, support to services for families at risk, and evidence generation and advocacy. They work in partnership with ministries, employer associations, municipalities, NGOs, and other UN agencies. Further Programs to Conditional Education and Health Care Assistance Program Programs for Syrian address child labor Refugee Children Programs focused on Human Trafficking 2 Forced Labor Turkish Labor Law does not cover forced labor issues. However, the Constitution of the Republic of Türkiye, Article 18 prohibits forced labor. “No one shall be forced to work. Forced labor is prohibited. Work required of an individual while serving a sentence or under detention provided that the form and conditions of such labor are prescribed by law, services required from citizens during a state of emergency, and physical or intellectual work necessitated by the needs of the country as a civic obligation shall not be considered as forced labor.” Minimum Age Turkish Labor Law sets the minimum age at which a child can be employed as well as the conditions under which children can work (Article 71, Chapter 4). The minimum employment age is 15, but in certain cases of vocational training, mild work may be allowed for 14-year-olds. According to Turkish Labor Law, Article 73, boys under the age of 18 and women irrespective of their age must not be employed on underground or underwater work like in mines, cable-laying and the construction of sewers and tunnels. Sexual Harassment in the Workplace Sexual Harassment is not assessed within the scope of the Labor Law. The list of the legislations, policies, plans and international conventions relevant to sexual harassment in the workplace are provided in the table below. Table 4: Sexual Harassment Information Laws/Policies/Conventions Scope The Constitution Articles 41, 66 (2001), Articles 10, 90 (2004), Article 10 (2010). Turkish Civil Code The law upholds equality between women and men, puts an end to sexual discrimination. The Law on the Protection of Family and Prevention The law includes specific arrangements to end violence against of Violence against Women women. Labor Law Any discrimination with respect to basic civil rights, including sex, could not be made in employer-employee relations. Restructuring Specific Debts and The wages and premiums of the times worked shall be paid by the Amending the Social Insurance Law employer. Turkish Penal Code The law includes modern arrangements with respect to gender equality and domestic violence against women. Civil Servants Law The personal rights of female employees and parents. The Revenue and Corporate Taxes Law The income yielded by women by selling the home-made products in the charity sales, festivals, and fairs and at places determined temporarily by the state institution and organizations was deemed exempt of tax. Laws on Project Support to Investments Private crèches and day-care centers are exempted from the revenue and corporate taxes for five fiscal/taxation periods. The Law Amending the Republic of Türkiye Female farmers engaged in agricultural activities on their own behaves Retirement Fund of Civil Servants should be the head of family in order to be covered by the insurance. 3 Laws/Policies/Conventions Scope The Prime Ministry Circular No. 2004/7 on The Circular aimed at preventing sexual discrimination in personnel “Acting in Accordance with the Principle of recruitment. Equality in Staff Recruitment” The Prime Ministry Circular No. 2010/14 on The Circular aimed at increasing women employment and to implement “Increasing Women’s Employment and equal pay for equal work principle for strengthening the socio-economic Promotion of Equality in Opportunities” positions of women The Rural Development Investments Support In the parts of investment projects with 50% grant, in case that the Program by the Ministry of Agriculture and project owner is a female farmer, extra 2 points are added to the points Forestry table according to the pre- assessment criteria, and extra 4 points are also added if the woman is a member of agricultural cooperative or union. In case that female farmers engaged in agriculture apply for machinery equipment purchases within scope of the Project, they can benefit from 50% grant for 35 types of machines. Social Insurance and Universal Health Insurance Those in insured employment in home-based services shall be considered Law (No. 5510) in the relevant proceedings depending on whether they are recruited less or more than 10 days a month. Those recruited less than 10 days a month shall be insured against occupational accidents and diseases, their premiums shall be covered by the employers and the insured shall be entitled to pay their long-term and general health insurance premiums until the end of the following month, if they choose to do so. On the other hand, the premiums of those recruited for ten days and longer a month shall be paid by their employers in scope of easy employer practices. Policies and Plans The National Action Plan on Combating Violence The contribution and participation of institutions and organizations against Women (2016-2020) taking into consideration the relevant international conventions being a party, in particular the Istanbul Convention and provisions of national legislation, The Strategy Paper and Action Plan on Combating The main goal of which is to decrease the early and forced marriages and Early and Forced Marriages (2018-2023) empower the girls. International Conventions The Convention on the Elimination of All Forms of CEDAW was submitted for signature on 1st March 1980, after the Second Discrimination against Women (CEDAW) World Conference on Women. The convention adopted by Türkiye in 1985 entered into effect on 19th January 1986. In Türkiye, important legal regulations have been enacted on equality of men and women, protecting, and promoting human rights of women and combating violence against women. However, effective implementation of legal regulations on combating violence against women, provision of protection, treatment, and rehabilitation services not only to victims of violence but also to perpetrators and promotion of social awareness of and sensitivity to the issue are as vital as the availability of such legal regulations. In this framework, the efforts of Ministry of Family and Social Services have made for combating violence against women with a belief that violence against women is intolerable have been maintained with a wide scale, dedicated and comprehensive cooperation. Since the implementation period of “The National Action Plan on Combating Violence Against Women (2012-2015)”, one of the concrete examples of this commitment and cooperation, ended in the end of 2015, “The National Action Plan on Combating Violence Against Women (2016-2020)” has been prepared with the participation and contributions of relevant governmental agencies and organizations, non-governmental organizations and the women’s studies research centers of various universities, taking into consideration the relevant international conventions, in particular the Istanbul Convention and provisions of national 4 legislation, follow-up and evaluation reports on the National Action Plan on Combating Violence Against Women (2012-2015), results of the related studies conducted by the General Directorate on the Status of Women, outputs of the Parliamentary Investigation Committee on the Motives of Violence Against Women and Due Measures and recent social needs and developments. 4. Brief Overview of Labor Legislation: Occupational Health and Safety The main national governing the terms and conditions of occupational health and safety in Türkiye is Occupational Health and Safety Law no. 6331 which aims to regulate the duties, authorities, responsibilities, rights and obligations of employers and employees in order to ensure occupational health and safety at workplaces and to improve existing health and safety conditions. Other regulations that can be evaluated within the context of the Project are (but not limited to);  Regulation on the Use of Personal Protective Equipment in Workplaces The purpose of this regulation is to determine the procedures and principles regarding the features, supply, use and other matters of personal protective equipment to be used in cases where the prevention or adequate reduction of risks in the workplace cannot be achieved by collective protection or work organization or working methods based on technical measures.  Regulation on the Procedures and Principles of Employee’s Occupational Health and Safety Training The purpose of this regulation is to regulate the procedures and principles of occupational health and safety training to be given to employees.  Regulation on Occupational Health and Safety Committees The purpose of this regulation is to determine the conditions of the workplaces in which occupational health and safety committees will be established in order to include information regarding occupational health and safety, and to determine the formation, duties and powers, procedures and principles of these committees, as well as the methods of coordination and cooperation between the multiple established committees.  Regulation on Occupational Health and Safety in Construction Works The purpose of this regulation is to determine the minimum occupational health and safety conditions to be achieved in construction works.  Regulation on Occupational Health and Safety Risk Assessment The purpose of this regulation is to regulate the procedures and principles of risk assessment to be carried out in terms of occupational health and safety in workplaces. 5. Responsible Staff This chapter describes the institutional arrangements for the LMP aspects of the full project management and implementation. Responsibility for overall project implementation, including management and coordination will lie with the MoAF, through the implementing units. 5 General Directorates (GDs) will be responsible of overseeing project activities under their respective subcomponents and ensure effective engagement with MoAF’s units and relevant stakeholders at the provincial level. A Project Coordinating Unit (PCU) will be responsible for overall project coordination will be established under ABDGM. The PCU will be responsible for overseeing overall implementation and management of the project, ensuring proper application of all project-related requirements, and preparing all project documents to be submitted to the Bank. The PCU will host a dedicated multidisciplinary team of project management, technical, financial management, procurement, environmental, and social specialists with qualifications satisfactory to the WB. PCU’s functions will be overseen by the leading Vice-Minister. A Project Steering Committee (PSC) will be established to ensure effective coordination at a higher level and provide strategic advice. The PSC will have participation of senior leadership of MoAF, including Deputy General Directors from the relevant GDs, Head of Strategy Development Directorate, Head of Budget Department ve PCU Coordinator. Senior officials of the Ministry of Treasury and Finance and Presidency’s Strategy and Budget Office will be invited to join specific sessions, based on project needs. The PSC will be chaired by the line Vice Minister of the MoAF with the PCU acting as the Secretariat. The key functions of the PSC will be to review the Annual Workplans and Budgets, monitor implementation progress, ensure effective institutional coordination, and provide guidance as needed for ensuring the delivery of project outputs and achievement of project outcomes. One environmental specialist and one social specialist will assist in managing and implementing the environmental and social issues associated with this project. The E&S specialists will be employed under the PCU and responsible for ensuring overall compliance of the proposed Project with ESF requirements. While each specialist will have a primary focus, they will be available to provide support across subcomponents as needed and support the GDs. All specialists will be onboarded at the beginning of the proposed Project and will maintain their positions throughout the project implementation. The responsible staff for the LMP and their respective duties are described in the table below. Table 5: Main Roles and Responsibilities Level / Responsible Party Roles and Responsibilities PCU will be the main 1. Undertake the overall implementation of this LMP, coordinating body and will be 2. Engage and manage contractors/subcontractors in accordance with this staffed to carry the technical LMP and the applicable procurement document, capacity that will technically 3. Monitor that contractors/subcontractor are meeting obligations support other management units towards contracted workers as included in the Contractor’s LMP (LMP), ESMP and of the project. bidding document; and ensure that they are in line with ESS2 and national labor and OHS laws, 4. Maintain records of recruitment and employment process of direct workers, 5. Monitor employment process of contracted workers to ensure it is carried out in accordance with this labor management procedure and national labor law, 6. Monitor the potential risks of child labor, forced labor and serious safety issues in relation to primary supply workers, 7. Monitor training of relevant project workers, 8. Ensure that the GM for project workers is established and operated 6 effectively and all workers are informed of it, 9. Monitor and report on the Worker’s GM, 10. Monitor implementation of the workers Code of Conduct, 11. Monitor that OHS standards are met at all workplaces (including Contractors’/subcontractors) in line with national occupational health and safety legislation, ESS2 requirements, Occupational Health and Safety Plan, 12. Monitor training of the project workers on OHS, SEA/SH prevention and any other required trainings, 13. Establish and implement a procedure for documenting specific incidents such as project related occupational injuries, illnesses, and lost time accidents. Maintains such records and requires all third parties and primary suppliers to maintain them. Such records will form an input into the regular review of OHS performance and working conditions, 14. In instances of severe, fatal, and mass accidents, inform the law enforcement bodies, Labor Inspectorate and GDs, GDs will be responsible for the 1. oversee the LMP activities under their respective subcomponents, execution of project activities 2. ensure that contractors prepare their Contractor’s LMP is in line with this LMP under their respective and Contractor’s ESMP before the commencement of any works on site, subcomponents in coordination with the related Provincial 3. monitor implementation of the LMPs, Organizations. They will be responsible for the 4. inform PCU in instances of work accidents, and implementation of this LMP prepare reports about LMP activities under its respective sub-components and within the scope of the submit to PCU. subcomponents they are responsible for. Contractor firms will be 1. Employ or appoint qualified social, labor, and occupational health and safety responsible for preparing and experts to implement project specific labor management procedure, occupational implementing subproject specific health, and safety plans, and to manage sub-contractors’ performance, LMPs and OHS Plans, if it is 2. Prepare and adopt LMP and OHS plan which will apply to contracted and required as a result of the subcontracted workers, if it is required as a result of the screening process. These screening process. They will be procedures and plans will be submitted to respective GDs and then to PCU for responsible for contracting and review and approval before the contractors mobilize for the preconstruction managing their labor force with phase, respect to the terms and conditions in the LMP. 3. Supervise its subcontractors’ compliance with the LMPs and OHS plans, 4. Maintain records of recruitment and employment process of contracted workers, 5. Monitor employment process of sub-contracted workers to ensure it is carried out in accordance with this labor management procedure and national labor law, 6. Clearly communicate job description and employment conditions to contracted workers, 7. Develop, and implement workers’ grievance mechanism and address the grievance received from the contracted and sub-contracted workers, 8. Have a system for regular review and reporting on labor, and OHS performance, 9. Deliver regular work induction trainings including but not limited to OHS, HSE, social induction, SEA/SH prevention training to employees, 10. Ensure that all contractors and sub-contractor workers understand and sign the Code of Conduct prior to the commencement of works, 11. Establish and implement a procedure for documenting specific incidents 7 such as project related occupational injuries, illnesses, and lost time accidents. Maintain such records and require all third parties and primary suppliers to maintain them. Such records will form an input into the regular review of OHS performance and working conditions, 12. In instances of severe, fatal, and mass accidents, inform the law enforcement bodies, Labor Inspectorate and respective GD. 8 6. Policies and Procedures All labor to be used in site works will comprise of contracted workers. No community workers will be engaged in the scope of the Project. All contracted workers’ rights will be protected by employment contracts in accordance with the Labor Law (No. 4857) and contractors and subcontractors will make sure that all workers are registered in the SSI. Code of Conduct The contractors will adopt and implement the Code of Conduct (CoC), which will be included in the World Bank Standard Bidding Documents. The Code of Conduct will also include measures to address SEA/SH issues. It will reflect the company’s mission, core values and overall working culture. The content of the Code of Conduct is included in the World Bank Standard Bidding Documents. Contracts with contractors shall contain a provision on the obligation to comply with the current Labor and OHS Law and with this LMP. After contractors are hired for infrastructure projects, contractors will prepare Labor Management Plans for their activities in compliance with this Labor Management Procedures. This will be reviewed and cleared by MoAF before any civil works begin. The Contractor Labor Management Plans will include the Code of Conduct included in the Annex 1 of this Procedure. The Contractor is responsible for raising awareness on and training all workers on the principles in the procedures and the code of conduct and the grievance mechanism. In case the contractors engage subcontractors, contractors shall be under obligation to build in such a provision in the sub-contracts. Contractors will need to maintain good relations with local communities through an adhering to the Code of Conduct (CoC). The CoC commits all persons engaged by the contractor, including sub- contractors and suppliers, to acceptable standards of behavior. The CoC must include sanctions for non-compliance, including non-compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). The CoC should be written in plain language and signed by each worker to indicate that they have:  received a copy of the CoC as part of their contract;  had the CoC explained to them as part of induction process;  acknowledged that adherence to this CoC is a mandatory condition of employment; and  understood that violations of the CoC can result in serious consequences, up to and including dismissal, or referral to legal authorities. A copy of the CoC shall be displayed in a location easily accessible to the community and project affected people. Contractors must address the risk of gender-based violence, through:  Mandatory training and awareness raising for the workforce about refraining from unacceptable conduct toward local community members, specifically women. Training may be repeated;  Informing workers about national laws that make sexual harassment and gender-based violence a punishable offence which is prosecuted;  Adopting a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violence;  Developing a system to capture gender-based violence, sexual exploitation and workplace sexual harassment related complaints/issues. 9 7. Age of Employment Turkish law prohibits anyone under 18 from performing hazardous work, and construction is considered hazardous. Thus, no construction workers under the age of 18 years will be employed. As MoAF is a governmental ministry no one under the legal age (18 years) is permitted to work within the institution. Therefore, child labor risks are not expected in relation to the project. The project contractors will be required to verify the age of all workers. This will require workers to provide official documentation, which could include a birth certificate, national identification card, passport, or driver licenses. If a child under the minimum age (18 years) is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, considering the best interest of the child. 8. Terms and Conditions As specified in Labor Code of Türkiye and ESS2 of the World Bank Environmental Social Framework, the employment of the workers will be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, such as recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. The following measures will be developed by the contractors the terms and conditions that will be applied by the contractors and the subcontractors are defined below;  As per Labor Code requirements, recruitment procedures will be transparent public and non-discriminatory with respect to ethnicity, religion, sexual orientation, disability, gender, and other grounds included in the Labor Code.  Applications for employment will be considered in accordance with the application procedures established by the project contractors, including sub-contractors  Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post.  All workers will have written contracts describing terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract. Terms and conditions of employment will be available at work sites;  Unskilled labor will be preferentially recruited from the affected communities, settlements and municipalities;  Employees will be informed at least one month before their expected release date of the coming termination. According to Turkish Labor Law numbered 4857 for all dismissals including collective redundancy in line with Article 29 of the Law;  The contracted workers will not pay any hiring fees. If any hiring fees are to be incurred, these will be paid by the Employer (‘Contractors’);  Depending on origin of the employer and employee the contracts will be developed in corresponding language understandable for both parties;  In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulties with understanding the documentation;  While communication language related problems are not expected, attention should be given to ensuring coordination between different sub-contractors and means to address any language differences; and 10  Foreign workers, migrants, will require residence permit, which will allow them to work in Türkiye.  All of the contracts of all project contractors (and sub-contractor) will indicate that the personnel must be of the age of 18 years or more. 9. Grievance Mechanism Description of GM used during the project implementation is summarized in the project SEP. The grievances will be received from various channels including national (CİMER, TİMER), regional, project, sub-project and international (WB GM) level structures. The grievance will be verified and investigated by the Complaint Committee to be established. Grievance Form, Grievance Closeout Form and Grievance Log to be used during implementation of the grievance mechanism are provided in Annex 2, Annex 3 and Annex 4 of LMP. In addition to project’s GM for its internal and external stakeholders, the ESS 2 requires establishment of a Workers’ Grievance Mechanism (WGM) for the project workers. The project workers will use the WGM to convey their concerns or suggestions regarding their working conditions and workplace. The WGM will be established both by the PCU and the contractors who will perform construction work within the scope of the project. The WGM established by PCU will be used by all project workers, including the staff of PCU and GD. The Contractor’s WGMs will be monitored by the Supervision Consultants and will be monthly reported to the GD through their progress reports. The process will also be monitored by the GDs and the GM Focal Point in MoAF. The Contractors may seek advice and support from the Supervision Consultant (SC) to address grievances submitted in language other than Turkish. The workers will be informed about the existence of the grievance mechanism will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes,” and other means as needed. Besides, the WGM will also be described in staff induction trainings, which will be provided to all project workers. The mechanism will be based on the following principles:  Awareness. WGM will be introduced to Project workers (direct and contracted) in the workplace through the staff induction trainings and other means of communication tools and engagement methods. This introduction will describe the grievance procedure including the steps to be followed for submitting their grievances and requests, intake channels to be used, etc.  Accessibility. The WGM will be set up in a way that workers can access easily.  Anonymity. The workers will be able allowed to submit their requests anonymously and will be treated equally as other grievances, whose origin is known.  Follow up. The applications received through different intake channels will be subject to a standardized GM Operation Procedure to be developed by the PCU.  Confidentiality. The identity of the complainants will not be disclosed without their consent; and their contact details will not be shared with the third parties.  Archiving. All complaints submitted (written, oral, etc.) through different intake channels together with their supporting documents, the responds provided will be recorded and will not be used other than project implementation purposes and shared with the third parties. The WGM will allow workers to submit their grievances through different intake channels such as 11 webpage, suggestion/complaint boxes, etc. The PCU will assign one of the social experts for the overall supervision of the GM including recording complaints, conveying them to relevant units for resolution, and following the timely provision and the quality of the resolutions. The suggestion/complaint boxes in the workplaces will be opened weekly and shared with the PCU. The GM focal points of the GDs, provincial directorates/organizations and the contractors. The workers GM will not prevent workers to use conciliation procedure (Law on Labor Courts, (No. 7036) published in the Official Gazette dated 25.10.2017- Article 3) provided in Turkish Labor Legislation. Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) Although the risk from project activities and in Turkish context is low, grievance mechanism for workers shall include handling disclosures of sexual exploitation and abuse (SEA) and sexual harassment (SH). A SEA/SH referral pathway will be established and updated in line with existing procedures of the country. The WGM will also be used for addressing SEA/SH-related issues and will have in place mechanisms for confidential reporting with safe and ethical documenting of SEA/SH issues. Further, the WGM will also have in place processes to immediately notify both the PCU and the World Bank of any SEA/SH complaints, with the consent of the survivor. 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 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 http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service. Project affected communities or individuals can also raise their grievances to the World Bank Independent Inspection Panel (IIP). This panel determines whether the person or communities that made the complaint were harmed because of the breach of one or more of the WB's performance criteria. The panel can directly convey its concerns about the received complaints to the WB. At this stage, WB would have an opportunity to respond to the complaints. 10. Contractor Management Most of the activities of the Project will be contracted. The contracts will include provisions related to labor and occupational health and safety as provided in the World Bank Standard Procurement Documents and national legislation. For contractor selections below criteria will be considered:  previous works completed,  qualification of contractor’s human resources,  compliance in health and safety issues,  precautions taken on child labor and forced labor employment. According to the selection criteria, the ones who comply the best will be selected as contractors. 12 During the implementation phase of the services, the PCU or GDs will organize planned and unplanned visits to contractors’ offices and/or place where work is being performed. In these visits the progress achieved, health and safety-related issues and child and forced labor employment status will be observed. If any dispute is determined the supplier will be notified to prevent the dispute in no more than 20 calendar days. If the dispute still exists after 20 calendar days the agreement with the supplier will be terminated immediately. 13 11. Community Workers In this project, community workers are not anticipated to be engaged in project activities. 12. Primary Suppliers Primary suppliers will be subjected to ESS2 requirements that will be specified and guided in the contractual agreements between MoAF and suppliers. Contractors will be required to carry out due diligence procedure to identify if there are significant risks that their primary suppliers are exploiting child or forced labor or exposing worker to serious safety issues. In instances where foreign suppliers are likely to be contracted, the Contractor will be required to inquire during his/her procurement process whether the supplier has been accused or sanctioned for any of these issues and also their corporate requirements related to child labor, forced labor, and safety. If there are any risks related to child and forced labor, and safety identified, the Contractor will notify GDs and will address these risks and may avoid such suppliers, where possible. Specific requirements on child labor, forced labor and work safety issues will be included in all purchasing orders and contracts with suppliers. Considering that most of the primary supply workers will be local, necessary audits and controls will be made to ensure that suppliers provide safe working conditions in accordance with local legislation and ESS2. 14 References  2016. “World Bank Environmental and Social Framework.” World Bank, Washington, DC.  2018. “GUIDANCE NOTE FOR BORROWERS: ESS2: Labor and Working Conditions”  2022, Türkiye Climate Smart and Competitive Agricultural Growth Project Labor Management Procedures, MoAF, Ankara  EHS Guidelines: https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability -at-ifc/policies-standards/ehs-guidelines  2017. “Good Practice Note: Managing Contractors' Environmental and Social Performance.” World Bank Group, Washington, DC. https://www.ifc.org/wps/wcm/connect/03ff53f4-24e2-4526-8bc1- 60bec0638b93/p_GPN_ESContractorManagement.pdf?MOD=AJPERES  https://www.ipieca.org/media/4666/worker_grievance_mechanisms_lrsc_2019.pdf  Addressing Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH) in Investment Project Financing involving Major Civil Works  2007. “Environmental, Health, and Safety General Guidelines.” IFC. 15 Annexes Annex 1: Code of Conduct Annex 2: Grievance Form Annex 3: Grievance Closeout Form Annex 4: Grievance Log 16 Annex 1: Code of Conduct [Note to Client: for supervision of civil works contracts: A minimum requirement for the Code of Conduct should be set out by the Client, taking into consideration the issues, impacts, and mitigation measures identified, for example, in: o project reports e.g. ESIA/ESMP o any particular GBV/SEA requirements o consent/permit conditions (regulatory authority conditions attached to any permits or approvals for the project) o required standards including World Bank Group EHS Guidelines o relevant international conventions, standards or treaties, etc., national, legal and/or regulatory requirements and standards (where these represent higher standards than the WBG EHS Guidelines) o relevant standards e.g. Workers’ Accommodation: Process and Standards (IFC and EBRD) o relevant sector standards e.g. workers’ accommodation o grievance redress mechanisms. The types of issues identified could include. risks associated with: labor influx, spread of communicable diseases, sexual harassment, gender-based violence, illicit behavior and crime, and maintaining a safe environment etc.] [Amend the following instructions to the Consultant taking into account the above considerations.] A satisfactory code of conduct will contain obligations on all Consultant’s Experts that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the region, the location and the project sector or to specific project requirements. The code of conduct shall contain a statement that the term “child” / “children” means any person(s) under the age of 18 years. The issues to be addressed include:  Compliance with applicable laws, rules, and regulations  Compliance with applicable health and safety requirements to protect the local community (including vulnerable and disadvantaged groups), the Consultant’s Experts, the Client’s personnel, and the Contractor’s personnel, including sub-contractors and day workers (including wearing prescribed personal protective equipment, preventing avoidable accidents and a duty to report conditions or practices that pose a safety hazard or threaten the environment)  The use of illegal substances  Non-Discrimination in dealing with the local community (including vulnerable and disadvantaged groups), the Consultant’s Experts, the Client’s personnel, and the Contractor’s personnel, including sub-contractors and day workers (for example, on the basis of family status, ethnicity, race, gender, religion, language, marital status, age, disability (physical and mental), sexual orientation, gender identity, political conviction or social, civic, or health status)  Interactions with the local community(ies), members of the local community (ies), and any affected person(s) (for example to convey an attitude of respect, including to their culture and traditions) 17  Sexual harassment (for example to prohibit use of language or behavior, in particular towards women and/or children, that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate)  Violence, including sexual and/or gender-based violence (for example acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion, and deprivation of liberty  Exploitation including sexual exploitation and abuse (for example the prohibition of the exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading behavior, exploitative behavior or abuse of power)  Protection of children (including prohibitions against sexual activity or abuse, or otherwise unacceptable behavior towards children, limiting interactions with children, and ensuring their safety in project areas)  Sanitation requirements (for example, to ensure workers use specified sanitary facilities provided by their employer and not open areas)  Avoidance of conflicts of interest (such that benefits, contracts, or employment, or any sort of preferential treatment or favors, are not provided to any person with whom there is a financial, family, or personal connection)  Respecting reasonable work instructions (including regarding environmental and social norms)  Protection and proper use of property (for example, to prohibit theft, carelessness or waste)  Duty to report violations of this Code  Non-retaliation against personnel who report violations of the Code, if that report is made in good faith The Code of Conduct should be written in plain language and signed by each Expert to indicate that they have:  received a copy of the code;  had the code explained to them;  acknowledged that adherence to this Code of Conduct is a condition of employment; and  understood that violations of the Code can result in serious consequences, up to and including dismissal, or referral to legal authorities. A copy of the code shall be displayed in the Engineer’s office. It shall be provided in appropriate languages. 18 Annex 2: Grievance Form GRIEVANCE FORM Reference No (to be filled by institution) Personal Information Although giving name and address is not compulsory, it should be kept in mind that during the feedback process regarding the grievance some problems may occur due to lack of information Personal information will be used to identify if there exist special circumstances with respect to your grievance and it will be stored and processed according to Personal Data Protection Law No. 6698. You can choose to fill partly or not to fill Full Name Province District Neighborhood/Village Locality Preferred way of communication,(Please provide your contact details: mail address, e-mail address, telephone number, etc. in you would like to be informed about the resolution process, actions to be taken) Grievance Your proposal for solution (if any) Signature Date 19 Annex 3: Grievance Closeout Form GRIEVANCE CLOSEOUT FORM Grievance closeout number: Reference No of the Grievance Define immediate action required: Define long term action required (if necessary): Compensation Required? [ ] YES [ ] NO CONTROL OF THE REMEDIATE ACTION AND THE DECISION Stages of the Remediate Action Deadline and Responsible Institutions 1. 2. 3. 4. 5. 20 Annex 4: Grievance Log Complaint Name of Complainant Complaint Subject Remedial Complaint Closing Date Explanations Date Measures Closure Status 21