Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information contained in the Government’s report.

Article 1 of the Convention. The Committee notes that the issue of legislative protection against anti-union discrimination will be addressed by law reform committees and once again expresses the firm hope that the Government will take the necessary steps, in the near future, to ensure the enactment of a provision providing explicit protection against anti-union discrimination, accompanied by effective and sufficiently dissuasive sanctions. The Committee requests the Government to keep it informed of further developments in this regard and in particular the progress of work of the labour law review committee considering the issue.

Article 2. The Committee had asked the Government to ensure the enactment of provisions providing protection to workers’ and employers’ organizations against acts of interference by one another. The Committee notes that the Government states that this issue will be discussed in various tripartite forums to reach a consensus and that the advice of the Committee of Experts will be taken into account during the next legislative amendment. The Committee once again requests the Government to ensure the enactment of a provision providing protection to workers’ and employers’ organizations against acts of interference by one another, and including effective and sufficiently dissuasive sanctions guaranteeing adequate protection to trade unions 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 objective of placing such organizations under the control of employers or employers’ organizations. The Committee requests to be kept informed of developments in this regard.

Article 4. The Committee notes the Government’s statements that section 30 of the Trade Union Act, which gives special powers to the Government to restrict trade union activities considered against the economic development of the country, is an emergency preventive measure that has never been invoked or put into practice, is not meant to restrict trade union rights and will not be invoked against their interests. The Committee notes the Government’s intention to discuss this issue with its social partners during legislative reforms. Recalling that the section confers broad powers which could impair the guarantees set out in the Convention, the Committee once again requests the Government to take the necessary measures to abrogate section 30 of the Trade Union Act in the near future and to keep the Committee informed of developments in this regard.

In its previous comments the Committee had requested a copy of the Essential Service Act, 1957, which seems to impose restrictions on the right to organize and bargain collectively. The Committee notes the information provided by the Government that the main intent of the Essential Service Act is to safeguard the rights of the public to essential services and not to curtail the rights of unions, and that the Government’s opinion is that some provisions should be in place to safeguard larger public interests and save the country in times of crisis and emergency. Noting the Government’s indication that it would ensure that the application of this in practice yields merit for the workers and employers as well as the nation as a whole, the Committee once again requests the Government to provide it with a copy of the Essential Service Act, 1957.

Article 6. In its previous comments, the Committee had noted the information provided by the Government that civil servants who discharge their duties in the name of the Government do not have the right to organize and had recalled that only public servants who, by their functions, are directly employed in the administration of the State may be excluded from the scope of the Convention. The Committee notes the clarification provided by the Government that employees of public enterprises and teachers at public schools, although government employees, are employed under Acts separate from the Civil Service Act and so are entitled to exercise their rights to organize and bargain collectively, and that civil servants at the non-gazetted level enjoy the same rights. The Committee once again requests the Government to provide copies of the National Directive Act, 1962, the Civil Service Act and examples of collective agreements concerning employees of the public enterprises or public institutions employing civil servants not engaged in the administration of the state. The Committee further requests the Government to provide copies of the Acts concerning the rights to organize and bargain collectively of teachers and other civil servants who do not fall within the ambit of the Civil Service Act.