- BACKGROUND
Social protection is a crucial policy tool for realizing human security and promoting equity and social justice for all. It plays a significant role in reducing poverty, managing lifecycle risks, enhancing productivity, supporting fair and inclusive economic growth, formalizing the informal economy, and facilitating the transition from public to private sector employment. These efforts collectively drive economic growth and create decent employment opportunities.
In Iraq, the commitment to establishing a comprehensive social protection system is evidenced by the ratification of the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102), through Law No. 3 of 2021, published in the Official Gazette. With this ratification, Iraq has a legal obligation to comply with the Convention’s normative framework. Legislative reforms extending social security coverage to private-sector workers have become essential, especially given that effective social security coverage in Iraq remains limited.
For many years, the Law on Workers’ Pension and Social Security No. 39 of 1971 (Law No. 39) served as a cornerstone of Iraq’s legislative framework, establishing the provisions for social security and pension benefits for workers in the private sector. It laid down the foundations for private sector workers’ entitlements to old-age pension, disability allowance and survivor’s benefits as well as compulsory contributions to the national social security fund from employers and workers. However, both legal and effective coverage of Law No. 39 has been limited.
In November 2023, Federal Iraq adopted the Law on Retirement and Social Security for Private Sector Workers No. 18 (Law No. 18) to better align its social security legislative framework with the ILO International Labour Standards. Law No. 18 represents a significant advancement in the country’s social protection system. The new law significantly broadens social security coverage for private sector workers in Federal Iraq, extending its reach to include informal workers, the self-employed, and contributing family members. It also introduces additional entitlements, such as maternity, unemployment, and health insurance benefits, ensuring that a greater number of workers and their families receive comprehensive protection and support.
- OBJECTIVE
In Federal Iraq, there is limited understanding of the systemic challenges private sector workers face in accessing their social security benefits and exercising their rights, including issues related to grievances. The ILO aims to build a strong evidence base on these challenges by studying social security cases that were not resolved through grievance and complaint systems and were later taken to court. Additionally, the ILO aims to identify knowledge gaps and capacity limitations among judges and courts at various levels that handle social security cases in Federal Iraq.
Thus, the objectives of these Terms of Reference (ToRs) are threefold:
- Quantitative classification exercise: Examine all social security cases from the Karkh and Russafa Labour Courts in Baghdad over the past three years (2022-2024), develop a methodology to create complaint categories for classification, classify all cases based on this method and categories, and report on the number of cases in each category along with any additional analytical insights that may arise.
- Qualitative study: Perform a qualitative analysis of a representative sample of social security cases within the identified categories to deepen understanding of the systemic challenges workers face, including issues related to grievance and complaint mechanisms, in accessing their social security benefits and exercising their rights.
- Drafting recommendations: Develop practical recommendations for reforming social security procedures and processes to address the identified systemic challenges and bottlenecks, observe and highlight key knowledge and capacity gaps among judges and courts at various levels and instances in handling social security cases within Federal Iraq.
- SCOPE OF ASSIGNMENT
Under the technical supervision of the Chief Technical Advisor on Social Security, the Technical Officer on Social Protection and the National Project Officers based in ILO Office is Baghdad, with overall guidance of the Senior Social Protection Specialist of the ILO Decent Work Team of the ILO Regional Office for the Arab States, a law firm/legal consultancy company will carry out the following activities:
Quantitative Classification Exercise
Objective: Classify all social security cases and provide a detailed analysis of trends and insights.
- Activity 1.1: Data Collection and Review
- Coordinate with Karkh and Russafa Labour Courts to access all social security case files (for private sector workers) from 2022-2024.
- Review each case to gather essential information, such as complaint type, social security benefit/right disputed, outcomes, timelines, etc.
- Activity 1.2: Develop Classification Methodology
- Analyze the types of complaints in sample cases to identify recurring themes.
- Establish a set of complaint categories (e.g., eligibility disputes, coverage disputes, benefit calculation and payment disputes, contribution disputes and administrative and procedural disputes, other)
- Create a coding system for efficient tagging and classification of each case, including stakeholders (e.g. worker or beneficiary, employer or business representative, social security department, administrative and judicial bodies), neighbourhood or locality under each court, status of cases, occupational sector, gender and age, etc.
- Activity 1.3: Case Classification
- Classify all cases based on the established categories, apply the categories defined under activity 1.2. to each case, use a coding system to tag each case by category for consistent classification. Some cases may involve multiple issues. In such instances, classify these as “mixed” and identify the primary and secondary issues.
- Activity 1.4: Quantitative Data Analysis
- Generate statistics on the number of cases:
- Count by Category: Tally the number of cases in each category to identify the most common types of social security grievances.
- Temporal Trends: Assess whether certain categories have seen changes over time (e.g., increase in benefit denial cases).
- Resolution Rates: Examine the resolution rates within each category to determine where successful resolutions occur most and least often.
- Draft a summary report with analytical observations, including case trends, processing times, and notable bottlenecks.
- Generate statistics on the number of cases:
Qualitative Study
Objective: Conduct an in-depth qualitative analysis of sample cases to uncover systemic challenges.
- Activity 2.1: Sample Selection
- Define criteria for selecting a representative sample of cases from each complaint category identified in the quantitative exercise.
- Select cases that highlight a range of issues, including complex, unresolved, or unique cases that reveal procedural or systemic barriers.
- Activity 2.2: Qualitative Analysis of Case Narratives
- Conduct a detailed review of the sample cases, examining each narrative to identify common challenges workers face, such as procedural obstacles, misinterpretations of social security rules by employers, workers or social security authorities, delays in grievance mechanisms, judicial mistakes, etc.
- Identify Patterns: Look for any patterns in case narratives, such as frequent procedural barriers, common errors in benefit calculations, or frequent appeals on specific grounds.
- Review cases to assess knowledge gaps or inconsistencies in the adjudication of social security cases across different court levels.
- Court Capacity Constraints: Note any observations related to case processing times, the complexity of cases, or capacity issues within the courts.
- Document findings that reveal root causes of recurring issues, inefficiencies in the process, procedural delays or inefficiencies, or capacity constraints in the system.
- Conduct a detailed review of the sample cases, examining each narrative to identify common challenges workers face, such as procedural obstacles, misinterpretations of social security rules by employers, workers or social security authorities, delays in grievance mechanisms, judicial mistakes, etc.
- Activity 2.3: Focus Group Discussions with Key Stakeholders
- Organize focus group discussions with social security claimants and defendants, court personnel, and legal experts to gain further insights into systemic challenges.
- Conduct interviews with judges and court staff to investigate specific areas where judicial mistakes are most common.
- Record perspectives on grievances and areas for improvement to inform the final recommendations.
Drafting Recommendations
Objective: Develop actionable recommendations for social security process reforms and identify capacity-building needs among judges and court personnel.
- Activity 3.1: Formulate Recommendations for Systemic Reforms
- Based on quantitative and qualitative findings, draft a set of practical recommendations for reforms in social security processes and procedures, including grievance and adjudication.
- Identify policy or procedural changes that could alleviate common bottlenecks, such as fast-tracking certain types of claims or standardizing procedures across courts.
- Activity 3.2: Report and Presentation of Recommendations
- Compile findings and recommendations into a comprehensive report, with recommendations for reform.
- Present the recommendations to relevant stakeholders, including government bodies, social security institutions, workers’ and employers’ organizations, and judicial entities, to foster support and promote implementation.
Each of the activities is expected to be conducted in close consultation with the ILO.
- DELIVERABLES
The selected law firm/legal consultancy firm will produce the following deliverables:
Deliverable 1
Inception report: a concise report describing methodology for the assignment, information on the existing primary and secondary resources (social security legal cases, their number, accessibility, length, etc), stakeholders, timeline and workplan plan for implementation. The inception report should also document coordination arrangement with different stakeholders, including with Karkh and Russafa Labour Courts on accessing the legal database, and other relevant stakeholders.
Deliverable 2
Data Collection and Review Report and Classification methodology: a brief report summarizing details of accessed social security legal cases for 2022-2024, including the number of cases, complaint types, disputed benefits/rights, timelines and outcomes (2022-2024). Classification methodology should provide a detailed explanation of established complaint categories (e.g., eligibility disputes, coverage disputes, calculation and payment disputes, contribution disputes and administrative and procedural disputes) as well as coding system created for tagging and classification, ensuring consistency across cases.
Deliverable 3
Case Classification Database and Quantitative Analysis Report: Structured database or spreadsheet of all reviewed cases. Each case is tagged and classified by the established categories, with “mixed” cases marked and primary/secondary issues identified. The quantitative analysis report should include a summary statistical analysis of the classified cases.
- Breakdown of cases by category, including counts and trends.
- Analysis of temporal trends (e.g., changes in the frequency of certain complaint types over time).
- Resolution rates within each category, highlighting areas with high/low resolution success.
- Additional observations on case trends, processing times, frequency of specific cases in certain sectors/occupations/geographical areas, bottlenecks in the grievance process, etc.
Deliverable 4
In-depth report on qualitative analysis of selected cases, including sampling criteria:
- detailed explanation of criteria for representative case selection, including a range of issues, complexity, unresolved cases, and unique cases that reveal procedural barriers.
- Narrative analysis of common challenges identified in case studies (e.g., procedural obstacles, misinterpretations of social security rules).
- Identification of patterns in case narratives, such as frequent procedural barriers or common judicial errors.
- Assessment of court capacity constraints and inconsistencies in adjudicating social security cases across court levels.
- Documentation of root causes for recurring issues and systemic inefficiencies.
Deliverable 5
Focus Group and Interview Findings Report: Summary of insights gathered from focus group discussions and interviews with key stakeholders on
- Perspectives from social security claimants, defendants, court personnel, and legal experts on systemic challenges.
- Insights into common judicial errors, procedural obstacles, and areas for improvement.
- Stakeholder feedback on grievance mechanisms and recommendations for enhancing the process.
Deliverable 6
A complete report combining findings from quantitative and qualitative analyses, along with actionable recommendations:
- Summarized data and trends from quantitative analysis.
- Key insights from qualitative case studies and stakeholder discussions.
- Practical recommendations for reforming social security grievance and adjudication processes.
- Identification of capacity-building needs among judges and court personnel.
- Proposal for policy/procedural changes to streamline processes, reduce bottlenecks, and improve case outcomes.
Deliverable 7
Presentation of Findings and Recommendations:
- Visual summary of findings and key recommendations.
- Targeted messaging for government bodies, social security institutions, judicial entities, and workers’ and employers’ organizations to promote implementation
Each deliverable is expected to be submitted for ILO approval before considered final. The ILO will review initial drafts before finalization and onward continuation with the exercise. The deliverables will also be reviewed and validated by relevant stakeholders, including the Departments of Social Security. It is expected that law firm/legal consultancy firm will address and integrate comments and suggestions received from the ILO and other relevant stakeholders to the deliverables. All the deliverables are expected to be produced in English. Certain deliverables are also expected to be produced in Arabic, as specified above.
- QUALIFICATIONS AND REQUIREMENTS
The contract shall only be awarded to a qualified law firm/legal consultancy firm matching the following qualifications, experience and competencies:
- Expertise in Social Security and Labour Law in Iraq
- Demonstrated knowledge of social security systems, especially in the context of Iraq or similar regions.
- Expertise in labour and social security law and grievance mechanisms, with a track record of analyzing or handling social security or employment-related disputes.
- Familiarity with court processes, particularly in labor and social security cases.
- Experience in Legal Case Review and Classification
- Proven experience in conducting large-scale legal or case classification projects, preferably with a focus on social security, labour disputes, or other administrative law cases.
- Ability to develop and apply classification methodologies, including setting up complaint categories and a coding system for consistent tagging and categorization of cases.
- Experience with data extraction and case review to capture essential information such as complaint types, outcomes, and timelines.
- Experience in Quantitative and Qualitative Legal Analysis
- Strong skills in both quantitative and qualitative data analysis.
- Capability to generate descriptive statistics, identify trends, and analyze temporal and categorical patterns in case data.
- Expertise in conducting narrative analysis of case files to identify common challenges, systemic issues, and judicial inconsistencies.
- Proven experience organizing and facilitating focus group discussions and interviews with diverse stakeholders, including claimants, defendants, court personnel, and legal experts.
- Skilled in qualitative research methods to gather insights into systemic challenges and understand stakeholder perspectives on grievance mechanisms and judicial processes.
- Team’s experience and composition
- The lead consultant/lawyer must have at least 7 years’ experience in legal analyses/consultation on labour and social security law and implementing similar activities, and be equipped with strong understanding of social security, including familiarity with the ILO’s mandate, and the ILO’s Social Security (Minimum Standards) Convention 102, and social protection legal framework in Iraq.
- Other proposed team members must each demonstrate at least 2 years’ experience in at least one of the following: legal quantitative research and analyses, legal qualitative research and analyses, legal writing, social security and labour law of Iraq.
- Team members must have strong research and analytical skills, experience in legal analyses, case classification, expertise is labour and social security law in Iraq, proficiency in Arabic and English (spoken and written), and strong interpersonal skills.
- Report Writing and Recommendation Formulation
- Strong analytical and report-writing skills in English and Arabic, with the ability to summarize findings and present data-driven recommendations.
- Experience drafting practical, actionable recommendations for procedural or policy reforms, preferably in social security or judicial processes.
- Ability to compile and present findings to diverse stakeholders, including government bodies, social security institutions, and judicial entities.
- Access to legal data and social security stakeholders in Federal Iraq
- Access to the database of legal cases on social security in Federal Iraq;
- Strong working relations with the Karkh and Russafa Labour Courts in Baghdad, Department of Social Security of the Ministry of Labour and Social Affairs and the Ministry of Justice;
- Knowledge of and access to labour and social security lawyers, judges and court personnel in Federal Iraq.
- ASSIGNMENT DURATION AND PAYMENT SCHEDULE
The proposed duration of the assignment is six (6) months (24 weeks), from inception to completion, with the intended start in February 2025. A detailed timeline with deliverables is to be proposed by the law firm/legal consultancy firm in the inception report. The tentative timeline is as follows:
Deliverable
Indicative timeline/Deadline
Value
Payment
Deliverables 1
2 weeks after contract signature
10%
First progress payment
Deliverable 2
5 weeks after contract signature
10%
Second progress payment
Deliverable 3
10 weeks after contract signature
20%
Third progress payment
Deliverable 4
18 weeks after contract signature
20%
Fourth progress payment
Deliverable 5
20 weeks after contract signature
10%
Fifth progress payment
Deliverable 6
22 weeks after contract signature
20%
Sixth progress payment
Deliverable 7
24 weeks after contract signature
10%
Final payment
- PROPOSAL SUBMISSION PROCEDURE
The ILO invites qualified legal consultancy firms/law firms to submit their proposals comprising of technical and financial parts as per the requirements specified below.
Technical Proposal
Technical proposal should comprise of:
- Understanding of the ToRs, proposed methodology and timeframe for conducting all aspects of the assignment;
- Presentation of the company profile against the listed qualifications and requirements;
- CVs of each of the proposed team members demonstrating their experience and competency against the above requirements;
- Outputs from past experience completed by the bidding company such as legal case classifications, legal analyses, consulting reports on labour and social security law in Iraq, legal briefs, etc.
Technical Proposals must be submitted in English in PDF format, with each page duly signed, stamped and dated.
Financial Proposal
Law firms/legal consultancy firms shall submit the Financial Proposal in US Dollar or Iraqi dinar following the table/format below in both the Excel and the PDF formats (table may be slightly adjusted). Each page of the Financial Proposal in the PDF format should be duly stamped, signed and dated. The Financial Proposal should be valid for 90 days after the deadline for submissions.
Budget breakdown
Deliverables
Number of working days
Daily rate
Possible other costs (e.g. translation, travel)
Total
Deliverable 1
Deliverable 2
Deliverable 3
Deliverable 4
Deliverable 5
Deliverable 6
Deliverable 7
Total
- SELECTION AND EVALUATION PROCESS AND CRITERIA
Proposals will be reviewed and evaluated by an Evaluation Panel, to determine compliance with the requirements specified in these Terms of Reference.
A two-stage procedure will be utilized in evaluating the Proposals, with evaluation of each Technical Proposal constituting 70 points being completed prior to any Financial Offer which constitute 30 points being opened and compared.
Each Technical Proposal (70 points) is evaluated on the basis of its responsiveness to these Terms of Reference according to the criteria described below. The minimum passing score is 50 points:
- 30 points for understanding of the Terms of Reference and the aim of the services to be provided, clarity of the proposal, overall methodological approach, appropriateness of tools and estimated difficulties and challenges;
- 20 points for feasibility of the implementation and management plan with a timeline related to the different activities;
- 10 points for the relevance of the proposed key personnel’s qualifications and experience, as well as the team’s competencies in relation to the scope and nature of the assignment
- 10 points for proven experience in similar consultancy assignments.
Applicants may be invited to informal interviews with the members of the Evaluation Panel to provide clarifications on the proposals.
During the second stage of the evaluation, the Financial Proposals (30 points) of all qualified Consultancy Firms (Service Providers) which have attained at least the minimum score during the technical evaluation (50 points) will be compared. The maximum number of points – 30 points – will be assigned to the lowest Financial Proposal submitted by applicants. All other Financial Proposals will receive points in inverse proportion.
The process of evaluating the proposals will be based on the percentage combination of Technical and Financial elements.
How to apply
Please submit you application through UNGM link above