The ILO is requesting proposals from registered service providers as per the following Terms of Reference
1. Background
South Africa is undergoing a profound socio-economic and structural transformation as it transitions toward a low-carbon, climate-resilient economy and society. This transformation is driven by a combination of domestic imperatives—including energy security, economic revitalisation, and social justice – and global commitments under the Paris Agreement – reflected in the country’s Nationally Determined Contribution (NDC) and the Climate Change Act (2024).
Recognising the potentially disruptive impacts of this transition, particularly on workers, communities, and sectors dependent on fossil fuels, the South African government, through the Presidential Climate Commission (PCC), adopted a Just Transition Framework in 2022. This framework affirms that the transition must be inclusive, equitable, and job-rich, protecting vulnerable groups while seizing opportunities for decent work and green industrial development.
However, legal and institutional gaps remains in translating these principles into enforceable guidance for organised business, organised labour and government agencies. While the Labour Relations Act, Basic Conditions of Employment Act, and Employment Equity Act provide foundational protections, they do not address the unique challenges posed by sectoral decarbonisation, such as managed retrenchments, reskilling obligations, stakeholder consultation, or community impact mitigation.
Additionally, there is no existing statutory Code of Good Practice or formal legal guidelines that outlines employer duties, workers’ protection, and procedural requirements in the context of the just transition. A Code is needed to guide fair labour practices in sectors affected by decarbonisation (such as coal mining, electricity generation, transport, and heavy industry), as well as in new and emerging sectors (such as green hydrogen, renewable energy, and electric mobility). Additionally, a Code is crucial in abating the fears of affected workers who are anxious in their uncertainty regarding the future of their jobs and, more broadly, coal-dependent communities.
The Code of Good Practice on the Just Transition will serve as a practical tool to:
- Translate just transition principles into operational norms;
- Support government, employers and unions in managing transitions in the workplace;
- Enable regulators and civil society to monitor compliance and enforcement;
- Build confidence among affected workers and communities that they will not be left behind.
This intervention is aligned with national legal mandates, social dialogue platforms (e.g. NEDLAC), and international best practice under the ILO Guidelines for a Just Transition (2015).
2. Objectives
The overarching objective of this assignment is to develop a Code of Good Practice on the Just Transition that could be promulgated as a Code of Good Practice in terms of the Labour Relations Act, and to be used by stakeholders in both the public and private sectors to guide fair and inclusive transition practices. Whilst not legally binding, it is envisioned that the Code of Good Practice would be developed as a starting point for future negotiations on legally binding collective agreements, giving all stakeholders a document that will enable them to negotiate an enforceable and inclusive pathway towards a just transition from coal to renewable energy production.
Specifically, the Code should:
- Clarify employer and employee rights and responsibilities in the context of economic restructuring driven by climate change or subsequent decarbonisation, including:
- Advance notice of change
- Transparent communication
- Fair retrenchment or redeployment procedures
- Retraining and upskilling programs
- Mechanisms for appeal or dispute resolution
- Provide legal and policy guidance and clarity between existing labour laws, industrial policy instruments and new climate policies and laws, including the:
- Labour Relations Act,
- Employment Equity Act,
- Basic Conditions of Employment Act,
- National Employment Policy,
- Climate Change Act,
- Just Transition Framework, and
- Relevant Sector Masterplans (e.g. Renewable Energy, Hydrogen, Automotive).
- Support meaningful social dialogue and stakeholder participation by codifying consultation procedures with organised labour, local government, affected communities, and industry associations throughout major transition processes.
- Align with international standards such as the ILO Just Transition Guidelines (2015), which promote decent work, social protection, and strong social dialogue as pillars of climate resilience.
- Create an implementable, flexible, and context-specific guide that can be adapted for use in key sectors (coal, power generation, manufacturing, agriculture, etc.), while being responsive to local realities (e.g. in Mpumalanga, Eastern Cape, Northern Cape).
- Strengthen institutional accountability by recommending oversight, reporting, and enforcement mechanisms through labour inspectorates, workplace forums, sectoral bargaining councils, or climate governance bodies.
- Scope of work to be performed
- Conduct a situational analysis of labour rights and gaps in the context of South Africa’s just transition.
- Engage with relevant stakeholders (government, unions, business, communities, regulators).
- Draft and validate the Code of Good Practice based on legal and policy review, stakeholder input, and international best practice.
- Review South African labour laws (e.g. Labour Relations Act, BCEA, EE Act) and identify relevant provisions for a just transition.
- Draft legally sound clauses for inclusion in the Code.
- Provide legal interpretations and risk assessments on employment practices during transition (e.g. retrenchment, relocation, training obligations).
- Ensure alignment with ILO Just Transition Guidelines and relevant Constitutional rights.
- Conduct policy analysis on national and sectoral just transition strategies.
- Identify global and regional precedents for good practice codes (e.g. EU, ILO, Latin America).
- Lead comprehensive stakeholder consultations and synthesise feedback into policy recommendations.
- Support the design of institutional and monitoring mechanisms for Code implementation.
4. Deliverables and deadlines
The contract period start date is expected to be from 1 September to 6 December 2025. The work is estimated at 40 working days.
The assignment comprises the following deliverables:
4.1. Legal and Policy Review:
Analysis of SA labour law, policy frameworks, and international standards. Expected 3 weeks after inception.
4.2. Social Partner Engagement:
Interviews with stakeholders in NEDLAC, including government, trade unions, employers and business member organisations, community representatives and regulators. Expected 6 weeks after inception.
4.3. Draft Code of Good Practice:
Structured draft with legal clauses, policy guidance, and implementation notes. Expected 8 weeks after inception.
4.4. Presentation at stakeholder Validation Workshop:
Presentation of draft Code to key stakeholders. This workshop is expected to be organised 12 weeks after inception. The organisation and associated costs will be shouldered by the ILO.
4.5. Final Code of Good Practice:
Revised version incorporating feedback. Due 16 weeks after inception.
5. Qualifications and experience
The team should possess the following legal and policy expertise and experience:
- Legal and/or labour law practice with proven experience in South African labour law
- Demonstrated knowledge of constitutional rights, administrative justice, and collective bargaining
- Experience working with social dialogue institutions and/or labour unions
- Postgraduate degree in public policy, political economy, labour studies, or related fields
- Proven experience in climate, economic, or labour policy analysis
- Proven experience in stakeholder consultation, policy drafting, and research disseminatio
6. Contractual period and payment schedule
Contract Period: 1 September to 6 December 2025.
Payment Schedule:
- 20% Upon submission of the Legal and Policy Review (output 4.1)
- 50% Upon completion of Social Partner Engagement and submission of the Draft Code of Good Practice (Outputs 4.2 and 4.3)
- 30% Upon completion of the Validation Workshop and submission of the Final Code of Good Practice (Outputs 4.4. and 4.5)
How to apply
7. Application process
Interested service providers should submit the following:
- A technical proposal outlining the approach, motivating the service providers suitability and including a timeline and budget (including a daily rate in US Dollars)
- Examples of previous work, particularly similar projects
- CV’s of proposed team members
All submissions must be in PDF format by e-mail to sustainproject@ilo.org no later than Friday, 22 August at 12.00 noon South African Standard Time (SAST). Applications received after this time will not be considered.
The e-mail subject heading should state the following**: Legal Drafting of Code of Good Practice PAGE South Africa.**
Submission will be assessed and scored based on
- Technical proposal/ understanding of assignment
- Experience of similar or related work and references provided
- Value for money
All submissions will be acknowledged.
***Important note : ILO Supplier Data base Information***
Please note that the ILO can only contract companies that have been registered in its Suppliers Database. Companies that are NOT registered and intend to submit a proposal for this assignment must also submit a fully completed ILO supplier registration form to sustainproject@ilo.org, the forms can be obtained by email us on the provided email adress.