Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes that the Government's report has not been received. As it is aware that the Trade Union Act has been amended, the Committee hopes that the Government will send a full report to the Committee for its next session.

1. Article 1 of the Convention. The Committee notes that the new section 23(a) of the Trade Union Act of 1999 limits protection against anti-union discrimination to cases of transfer of trade union representatives. It does not cover: (i) anti-union discrimination against workers in general; (ii) anti-union discrimination at the time of recruitment; and (iii) dismissals on anti-union grounds. Furthermore, there are no sanctions for violation of this provision. The Committee therefore requests the Government to ensure that provisions respecting anti-union discrimination in conformity with the Convention are adopted and are accompanied by effective and sufficiently dissuasive sanctions. 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 and the 1999 amendment 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, paragraph 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 had requested the Government to indicate whether federations and confederations have the right to bargain collectively. The Committee takes due note of the fact that the new section 9(B)(e) of the Trade Union Act allows trade union associations and federations to negotiate with the concerned enterprises and management on behalf of the enterprise-level trade union.

4. The Committee notes that section 30 of the Trade Union Act gives special powers to the Government to restrict trade union activities. The Committee asks the Government whether section 30 has ever been invoked to restrict collective bargaining rights and, if so, to indicate the circumstances of these cases.

5. 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.

6. The Committee takes note of the comments made by the GEFONT (General Federation of Nepalese Trade Unions) in a communication dated 29 August 1998, regarding the application of this Convention. The GEFONT refers to various instances where, after signing a collective agreement, the employers refuse to implement it and the Minister of Labour and the concerned authorities fail to intervene. The GEFONT refers specifically to the collective agreements signed by the Independent Transport Workers' Association of Nepal (ATWAN), by the Cotton Development Board of Khajura-Western Nepal, by Rolly Garment and the Rolly Garment Independent Textile-Garment Workers' Union, by Giri Bandhu Tea Estate and New Giri Bandhu Tea Estate of Jhapa-Eastern Nepal, by the Kathmandu Metropolitan Corporation and finally by Bagmati Textile of Kathmandu. In view of the fact that the Government has not responded to these comments, the Committee can only assume that GEFONT's observations are correct. The Committee urges the Government to take the necessary means to ensure that the terms of these collective agreements are respected, and to keep it informed of any progress made in this regard.