Nepalese Legal System and International Standards regarding Trade Unions

Definition of workers? Under the Trade Union Act 2049

A person working in the establishment or outside, In any Industry, Business, services, and shops as permanent temporary, contractual, daily-waged, piece rate, or under contractor including agricultural workers, self employees, Under new labor law, workers under all type of employment.

Labour Act 2074 Section 15(3)

Consultation with Authorized Trade Union or Labor Relation Committee for keeping the employees in reserve for more than 15 days.

Section 111 Formation of Labor Relation Committee.

Section 116 Formation of Collective Bargaining Committee.

International instruments relating to trade union:

At the end of World War I a new agreement appears, namely that the injustice in the social field endangers peace in the world, and that action against such injustice, therefore, serves the cause of this.

Freedom of association and protection of the rights to organize the convention, 1948(No.87)

Establishes the right of all workers and employers to form and join organizations of their own choosing without prior authorization, and lays down a series of guarantees and for the free function of the organization without interference by the public authorities.

Right to organize collective bargaining convention, 1949 (no.98)

Provides for protection against anti-union discrimination, for protection of workers’ and employers’ organizations against acts of interference by each other, and for measures to promote collective bargaining.

The ILO Declaration on Fundamental Principles and Rights at work (1998)

The 86th international Labor conference adopted ILO Declaration on Fundamental Principles and Rights at work, committing the organization’s member states to respect, to promote and to realize in good faith the right of workers and employers to freedom of association and the effective right to collective bargaining, and to wok towards the elimination of all forms of forced or compulsory labor, the effective abolition of child labor and elimination of discrimination in respect of employment and occupation. The declaration underlines that all member countries have an obligation to respect of employment and occupation. The declaration underlines that all member countries have an obligation to respect the fundamental principles involved, whether or not they have ratified the relevant conventions.

UN instruments:

“Everyone has the right to form and to join trade unions for the protection of his interests”

1. The state parties to the present Covenant undertake to ensure:
2. The right of everyone to form trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restriction may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interest of national security or public order or for the protection of rights and freedoms of others;
3. The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade union organization;
4. The right of trade unions to function freely subject to no limitation other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
5. The right to strike provided that it is exercised in conformity with the laws of the particular country.