Terms of Reference

Legal Assistance to PSF’s associations

1. Introduction 

Pursuant to the Ministerial Order No 02/MIFOTRA/22 dated 30/08/2022, which introduces comprehensive regulations on Occupational Health, Employment of Foreigners, Child and Circumstantial Leave, Mifotra has set forth new requirements for the registration of Employers’ Organizations. These regulations aim to enhance occupational health standards, ensure legal compliance, and promote employee welfare within the private sector.

Recognizing the significance of these regulations, the Private Sector Federation (PSF), in partnership with Enabel, is committed to assisting its associations in aligning with these requirements. The partnership aims to facilitate the necessary adaptation processes, offering support in legal interpretation, compliance strategies, and implementation practices.

It is against this background that PSF is seeking a consulting firm with expertise in Rwandan labor law and organizational compliance. The firm will be tasked with providing specialized assistance to PSF associations, ensuring their effective alignment with the new regulations outlined by Mifotra. 

2. Objective 

The objective is to assist the associations under the Private Sector Federation (PSF) in aligning with the new requirements stipulated in Ministerial Order No 02/MIFOTRA/22. This involves identifying gaps within the existing PSF associations’ bylaws and developing tailored compliance strategies. 

3. Deliverables 

The consulting firm is expected to provide the following deliverables:

Compliance Assessment Report:

• Documented findings of the comprehensive assessment of existing PSF association statutes against new regulations.
• A clear identification of compliance gaps and areas requiring adjustments.  Recommendations for addressing compliance issues.

Tailored Compliance Strategies:

• Individualized compliance strategies developed for each PSF association, addressing identified gaps.

• Detailed plans outlining steps for implementing necessary revisions, procedural changes, and operational adaptations.

Implementation Support Package:

• Advisory support documents and resources to aid in the practical implementation of compliance strategies.
• Guidance for addressing challenges and making necessary adjustments during the compliance process.

Statute Review and Approval Assistance:

• Direct assistance in reviewing and revising PSF associations statutes to ensure full compliance with MIFOTRA regulations.
• Support throughout the process of obtaining MIFOTRA’s approval for the revised statutes, including preparation for and response to any feedback or required amendments until final approval is secured.

Monitoring and Reporting Framework:

• Defined metrics, key performance indicators (KPIs), and benchmarks for monitoring and measuring progress towards compliance.
• A structured reporting process for providing regular updates on the status and outcomes of the alignment process

Final Compliance Status Report:

• A comprehensive report summarizing the compliance status of all PSF associations after the implementation of strategies.
• Updated recommendations based on the results achieved.

4. Profile of the consulting firm

The consulting firm should hold the following qualifications:

• Master’s degree in law (team leader),
• A minimum of 3 years of demonstrable experience in assisting employers’ organizations
• A proven experience in conducting similar assignments (2 references)
• Fluency in English and Kinyarwanda

5. Reporting

The Selected firm will be reporting directly to the PSF Head of Policy Analysis.

6. Duration

The assignment will be performed in 76 days with effect from the time of signing of the contract. The contract will be signed between the consulting firm and PSF as the hiring organization. The assignment will be governed by PSF procurement rules and regulations.

7. Submission and Preparation of Bids

a) The proposal shall be prepared in the English Language and comprise of two parts:

1. Technical component

2. Financial Component

8. Proposal Content

a. Technical component

1. Description of the firm and the firm’s experience
2. Proposed approach and methodology
3. Timing of activities and reports
4. Deliverables and output including how to measure them
5. Proposed team structure with detailed profiles and minimum qualification

b. Financial (price component)

The price component shall have a cover letter where the firm’s authorized representative affirms the following:

1. A summary price

The period of validity