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New Labour Low Draft Bill hands out to Labaur Minister By  Indra Deo Mishra Coordinator Of Labour Low Drafting commeetee

Kathmandu. The Labour Law bill, despite few drawbacks, is based on socialism concept says President of NITUF and co-ordinator of Labour Low Drafting commeetee Indra Deo Mishra. The bill, signed by representatives for Nepali trade unions and employers is expected to end the exploitation of workers and provide workers with protection under law and social security.


The law encourages the use of arbitration and assures unemployment insurance and compensation instead of Government permit incase of worker layoff.


Apart from the demands by trade unions like payment of wage during legal strike and legal recognition for collective bargaining the other agendas have been agreed by the employers. The trade unions have been demanding for the legal recognition of collective bargaining as Nepal has already ratified the International Labour Organization Convention 98.


Aspects of the law like - Labour law will be effective even in workplace with single worker, labour law will protect the workers who do not come under any other law are some of the positive aspects of the Labour law.  The bill provides that the labour law will provide minimum standard on workers facilities and benefits and employers cannot give less than the minimum standard.


Similarly, The bill states that the agreements, appointments and transactions against the provisions made by labour law will be nullified.  Bonded labour, child labour is prohibited and the agreements based on discriminations and against the freedom of association will be nullified. The permanent, temporary, contract or wage forms of employment will be implemented and employment contract will be based on urgent, timely or regular employment. The bill also provides that there will be no discrimination of any form in providing benefits and rights according to the employment.


The bill also provides that workers will be provided the benefits like provision of compensation in terms of a month’s salary for a year’s service for laid off workers, provident fund, pension, accident insurance and unemployment insurance  from the day of appointment. The bill states that these benefits should be provided within 15 days otherwise the employers will have to pay the workers with compensation equivalent to monthly salary.

Similarly the age of retirement has been changed to 58 years from 55. The bill also states that women employees with working hour before sunrise or after sunset should be provided with transport facility. There are few changes made in existing provision in leave like women workers are given public holiday on March 8 and workers on sick leave will get paid leave equivalent salary of 12 days.  Existing law on maternity leave provides of 45 days leave for women workers in tea estates and 52 days in other sectors. This has been amended to 98 days maternity leave including 60 days as paid leave. The law also applies for women undergone miscarriage post 7 months of pregnancy.

 

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