ON LABOR LAWS Presented By: Sujit Kumar Shah Smirti Aryal INTRODUCTION OF LABOR LAW
• It is the relationship between the employees, organizations,
trade Unions and the Government. • It establishes the right, duties and obligations of each parties. • It helps to define the roles and responsibilities by the government. History of Labor Law • It is originated from Bible in book of Exodus. • It was established in England in the 19th Century. • It law arose in parallel with the Industrial Revolution as the relationship between worker. • Workers sought better conditions and the right to join a labor union, while employers sought a more predictable, flexible and less costly workforce. Labor Law in Nepal • It was established in 2048 BS in Nepal for the first time. • In 2050 BS additional guidelines was provided to 2048’s law. • It was replaced in 2074 BS with the new constitution after the Federal Republic of Nepal. Labor Law in Nepal • It included the major labor legislations. o Minimum Wages o Worker Safety and Welfare o Foreign Workers Minimum Wages Monthly Salary: Rs. 13,450 Daily: Rs. 512 Hourly: Rs. 69 provident fund and gratuity contributions worth 18.33% of Salary Festival Allowance: 8.33% of basic salary Worker Safety and Welfare • Establish Health and Safety Committee if company has 20+ employees. • Provide a break room and canteen if 50+ employees exists. • Provide child care facilities if 50+ female employees are hired. Foreign Workers • Not more than 5% of total employees. • Labor permit duration of 3-5 years depending upon their skills. • Can permit 2 years potential extension with approval from Ministry of Labor Working Hours • 8 hours a day and 48 hours a week as per section 28 of Labor Act, 2074 • The overtime wages is also continued to be one and half time of his/her ordinary rate of wages. • As per sec 30 of the new act, the maximum overtime has been increased to 24 hours a week. Working Hours International Labor Organization (ILO) • It was formed in 29th October 1919. • Headquarter is at Geneva, Switzerland • Founder: Paris Peace Conference • Parent organizations: United Nations General Assembly, United Nations Economic and Social Council ILO in Nepal • Nepal got its membership in 1966 AD • Senior ILO advisor was established in January 1994. • The Kathmandu Office transitioned to a full-fledged Country Office in 2000. • Nepal has ratified 11 ILO Conventions Working areas ILO in Nepal (i) Promotion of employment-centric and inclusive growth (ii) Improved labor market governance and industrial relations (iii) Promotion of fundamental principles and rights at work. (Gender Equality, Tripartism and Social Dialogue, and International Labor Standards) Objectives of ILO • Full employment and the raising of Standards of living. • Employment of workers in the occupation in which they can have satisfaction and measure of their skill and make their contribution to the common well being. • Provide facilities for training and the transfer of labor, including migration for employment and settlement. • Policies in regard to wages and earnings bonus and other conditions of work.