Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nepal (Ratification: 1996)

The Committee notes the information supplied by the Government in its first report. The Committee also notes the comments made by the General Federation of Nepalese Trade Unions (GEFONT) in a communication dated 29 August 1998.

1. Article 1 of the Convention. The Committee notes that neither the Trade Union Act of 1992 nor the Labour Act of 1992 contain provisions which guarantee the protection of workers against acts of anti-union discrimination by employers. The Committee therefore would request the Government to ensure that specific provisions, accompanied by effective and sufficiently dissuasive sanctions, are adopted to guarantee explicitly the protection of workers against any act of anti-union discrimination by employers, both at the time of recruitment and during employment, so as to bring its legislation into conformity with Article 1. The Committee requests the Government to keep it informed of developments in this regard.

2. Article 2. The Committee notes that neither the 1992 Trade Union Act nor the 1992 Labour Act contain provisions providing protection to workers' organizations against acts of interference by employers or their organizations. The Committee recalls that governments which have ratified the Convention are under the obligation to take specific action, in particular through legislative means, to ensure respect for the guarantees laid down in Article 2 (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 230). The Committee therefore requests the Government to ensure that provisions accompanied by effective and sufficiently dissuasive sanctions, are adopted which guarantee the adequate protection of workers' organizations against acts of interference in their establishment, functioning or administration and in particular against acts which are designed to promote the establishment of workers' organizations under the domination of employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The Committee requests the Government to keep it informed of any progress made in this regard.

3. Article 4. The Committee requests the Government to indicate whether federations and confederations have the right to bargain collectively.

4. Article 6. The Committee requests the Government to indicate if its legislation grants public servants, with the sole possible exception of those engaged in the administration of the State, the right to conclude collective agreements with their employers.

5. The Committee requests the Government to reply to the comments made by the GEFONT, regarding the application of this Convention in a communication dated 29 August 1998.