Two major developments within a span of two months proved be very significant in the history of trade union movement in Nepal. In the first one, women workers received a boost when a tripartite meeting signed a declaration to review gender discrimination in workplaces. In the second case, workers and employers decided to discuss and exchange their views on the future of sound industrial relations and labour practices in the country.

National Conference on Gender Issues

ON DECEMBER 16, 2002 THE Trade Union Committee for   Gender Equality and Promotion (TUC-GEP) organised a national conference on gender issues. A common concept paper prepared by trade unions on gender issues with the first priority on maternity protection was formally presented in the tripartite conference. The paper was based on intensive discussions and seminars at various levels as well as a major       research conducted by TUC-GEP to review the discriminatory aspects of all labour-related laws. The employers presented their own concept paper and so did the government.

Intensive discussion was carried out during the conference leading to a `Declaration` based on a consensus on the issue of women workers. The `Declaration` was signed by all the three constituents --- the three trade union  confederations, the Federation of Nepalese Chamber of Commerce and Industry and the Ministry of Labour, Transport and Management. The Chief Guest at the conference and the signing ceremony was the Vice- Chairman(name?) of the National Planning Commission. The `Declaration` was signed on behalf of the trade union confederations by their women leaders, for the industry by the Vice-President of the Federation of Nepalese Chamber of Commerce and Industry and for the government by the Joint Secretary in the Ministry of Labour, Transport and Management. Present on the occasion were officials from ministries, trade union leaders of all confederations, labour support organizations, NGOs working on women`s issues and labour issues and representatives of United Nations agencies. The International Labour Organization has been actively involved in the conference.

Open Bipartite Interaction on Labour Laws

FOR A LONG TIME, the employers have been demanding revision of labour laws. But the trade unions` agenda have been not of reform but proper implementation of the provisions in the law. In December 2002 and January 2003,  a series of informal meetings were organised. Finally, seven issues were finalised to go into intensive discussion and exchange of views:

(i) Labour flexibility; (ii) Labour administration; (iii) Social security; (iv) CBA and trade unions; (v) Gender issues at workplace; (vi) Informal sector; (vii) Exit policy

A bipartite meeting was organised during January 18-20, 2003, where a government representative also was invited as an observer. Fifteen representatives of employers covering both the Federation of Nepalese Chamber of Commerce and Industry (FNCCI) and the Federation of Nepalese Cottage and Small Scale industries (FNCSI) took part. Five representatives each from the three trade union confederations participated in the meeting. The facilitators were an ILO consultant and a professor of Management and Industrial Relations at the Kathmandu University.

The basic thrust of the employers was towards an uninterrupted right to exercise the hire and fire policy in the name of labour flexibility. The industry said the labour laws were  completely pro-labour and hence rigid and can not promote more employment opportunities. On the other hand, the trade unions felt that the major problem was that of the absence of effective implementation of the labour laws.  They said even the minimum wage was not ensured in practice by the employers. Because of  weak labour administration  and inspection mechanism, provisions of law have always been violated by the employers, they said.

After the open discussion, it was found that theoretically there were no mentionable differences in the views of the employers and the workers, but a long exercise was required to arrive at a   consensus at the implementation level. According to an understanding reached before the close of the meeting, it was decided to organise a labour conference before June this year after finalising the concepts and properly understanding the views of each other. The conference will finalise the future trend of labour laws, needs of sound industrial relations and labour practices in Nepal.