Labour in Nepal

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Labour force availability (as of 2006) map 2006labour.PNG
Labour force availability (as of 2006) map

Nepal has a labour force of 16.8-million-workers, the 37th largest in the world as of 2017. [1] Although agriculture makes up only about 28 per cent of Nepal's GDP, it employs more than two-thirds of the workforce. [2] Millions of men work as unskilled labourers in foreign countries, leaving the household, agriculture, and raising of children to women alone. Most of the working-age women are employed in agricultural sector, contributions to which are usually ignored or undervalued in official statistics. Few women who are employed in the formal sectors face discrimination and significant wage gap. Almost half of all children are economically active, half of which (almost a quarter of all children) are child labourers. Millions of people, men, women and children of both sexes, are employed as bonded labourers, in slavery-like conditions. Trade unions have played a significant role in earning better working conditions and workers' rights, both at the company level and the national government level. Worker-friendly labour laws, endorsed by the labour unions as well as business owners, [3] provide a framework for better working conditions and secure future for the employees, but their implementation is severely lacking in practice. [4] Among the highly educated, there is a significant brain-drain, posing a significant hurdle in fulfilling the demand for skilled workforce in the country.

Contents

The Ministry of Labour, Employment and Social Security governs the development of labour and employment policies in Nepal.

Overview

Men prepare the paddy fields and women transplant rice seedlings (rural Nepal) Women Working in the Rice Fields at Khiji Nepal.jpg
Men prepare the paddy fields and women transplant rice seedlings (rural Nepal)

Nepal is one of the least developed countries, with a severe shortage of skilled labour. The unemployment rate is high. Millions of unskilled labourers work abroad, primarily in the GCC countries and Malaysia, [5] contributing around 28 per cent of the country's total GDP. [6] On the other hand, thousands of well-educated and skilled workforce emigrates to the developed countries in the Americas, Europe and Australasia. [7] As many as 66.5 per cent of men and 59.7 per cent of women employed in Nepal, are employed in the informal sector. [8] According to the labour force survey of 2008, only 16.9 per cent of the employment was in wage employment, with the rest identifying as self-employed. [9]

Women in the workforce

A Nepali woman scatters paddy with a hoe as another carrying a basketful of bricks passes by. Women at work in Nepal (46746612224).jpg
A Nepali woman scatters paddy with a hoe as another carrying a basketful of bricks passes by.

According to Nepal labour force survey 2017-18, Nepal has 125 working-age women for every 100 such men. However, only 22.5 per cent of the working-age women are employed. Of the 11.53 million working-age women, 8.5 million are in the labour force (employed or seeking employment), with only 2.6 million of them actually employed. The low figure of employment is mostly attributed to the fact that women employed in subsistence farming (making no recorded profits) as well as homemakers were counted among the unemployed. [8] Women form the majority of the workforce in the agricultural sector, most of which is ignored in the statistics. Because of continued outmigration of men from rural agricultural villages, women have been forced to take complete responsibility of the household which includes growing crops, animal husbandry, household chores and raising children. [10] 73.9 per cent of the population employed in agriculture was composed of 84.3 per cent of all working women compared to 62.2 per cent for men. [9]

Women, on average, are paid 30 percent less salary compared to men, regardless of profession. Women are preferred for elementary level and non-technical jobs while men are hired for higher positions and technical jobs. There is a trend of hiring men for leadership positions and women as their deputies. Fewer women acquire higher or technical education and they are also subjected to "family penalty", discrimination based on the assumption that motherhood will lead to decreased productivity among women workers in the long term. [8]

Child labour

Two Nepalese girls working in a brick factory carry sun-dried bricks on their heads. Child labour Nepal.jpg
Two Nepalese girls working in a brick factory carry sun-dried bricks on their heads.

The incidence of child labour in Nepal is relatively high compared with other countries in South Asia. [11] Nepal enacted the Child Labour Act 1992 and ratified the ILO Conventions no. 138 and 182, making child labour a criminal offence. However, in practice, millions of children are working as child labourers. According to the Nepal Labour Force Survey (NLFS) in 2008, 40.4 per cent of the child population was economically active, with 51 per cent of it being child labour. [12]

Brick factories are considered a hub for child labour in Nepal. [13] According to a 2017 study, nearly 300,000 children were employed by the 1,100 brick factories throughout Nepal. A series of discussions between the brick factory owners and the government in 2018, led to the signing of an agreement to end child labour in the sector. The president of the Federation of Nepal Brick Industries expressed a commitment to end child labour by 2025. [14]

Some child labourers, particularly in the agricultural sector in the Terai and in the households of affluent families throughout the country, are employed in slavery-like conditions. Charuwa, a form of bonded child labour common in the Terai, has children employed as caretakers of cattle, who work up to 16 hours a day with no opportunity for education. [15] Kamlaris, the young girls from western Terai who are employed as domestic helpers, having been auctioned off by their family to rich landlords, in a tradition now officially banned but alive in practice due to extreme poverty in the affected families, face inhumane living conditions, violence and abuse. [16]

On 9 July 2018, the federal government endorsed a 10-year "master plan" to end all child labour by 2028. [14]

Bonded labour

Slavery was officially abolished by the Rana regime in 1925. [17] However, bonded labour has persisted in Nepal, in other forms.

Kamaiya-kamlari system

In western Nepal, kamaiyas are male workers, usually of Tharu or Dalit caste groups, bonded to a landlord owing to debt whose interests mount at a rate higher than can be paid with labourer's wage; the indenture is inherited by the subsequent generations as the debt is never paid. [18] It was abolished, and more than 11,000 labourers freed, [16] in 2000. [17] However, the system is believed to still persist in practice as many freed kamaiyas have begun returning to their former landlords, as law-enforcement isn't strict, and freed labourers lack other opportunities for livelihood. [16]

Kamlaris are young girls, as young as six, sold by their parents as indentured servants to higher-caste, land-owning families to repay debts. [19] As the payment is made to the parents, the kamlaris are slaves to the landlord for the duration of the contract, and are subject to violence and abuse. [19] Many kamlaris are sold off repeatedly each year, and so spend many years in slavery. The practice was officially banned in 2013, and more than 12,000 kamalaris freed, but it still exists in some parts of the country, as freed Kamlaris from families in extreme poverty have begun returning to their former landlords. [20]

Haruwa-charuwa system

In the Terai, the Haruwa-Charuwa system which employs many bonded labourers includes indebted men called haruwas, who are employed to take care of the farms, mainly sowing, growing and harvesting crops in payment of debt or under unfair contracts, whose wife and children are also forced to work for the landlord, as domestic workers, cattle rearers and helpers in the farms, and children, usually of the haruwas, employed as charuwas, who take care of the cattle, cleaning the shed, milking and selling milk, gathering grass and fodder, taking the cattle for grazing (charuwa means "one who grazes cattle") and even helping out elsewhere when not busy with the cattle. [15]

Haliya system

Haliyas are indentured labourers in the farms of the western hills, who are forced to work for other landowners as they are themselves landless, and are forced to incur debt from the landlords for their livelihood, which they can never completely repay due to the rates at which the interests accumulate. The whole family is bonded to the landlords, and the indentured status is passed from father to son for many generations. The system was abolished, and thousands of labourers freed, in 2008. However, due to the failure of the rehabilitation efforts, many haliyas are reported to have gone back to their former landlords to make their living. [15] [21]

Immigrant labour

Indians make up the bulk of the immigrant labour force. Indian workers were exempt from requiring a work permit to live and work in Nepal until 2019. [22] So, Nepal does not have any data on the number of Indians living and working in Nepal. However, the Indian government puts the number of non-resident Indians in Nepal at 600,000. [23] Most of the workers from India and rest of South Asia are usually employed in unskilled or low-skilled jobs. In recent years, the number of immigrants from South Asia and elsewhere, applying for a work permit for employment in high-skilled jobs has been increasing. These workers number a few thousands, almost half of them from China, while the United Kingdom is at distant second. [24]

Labour laws

Minimum wage

The Social Security Act that came into force in 2017 set minimum monthly wage for industrial workers at Rs 13,450, a daily minimum wage at Rs 517, and an hourly minimum at Rs 69. Minimum additional entitlements include provident fund and gratuity contributions worth 18.33 per cent of basic wage, festival allowances worth 8.33 per cent of basic wage, as well as planned increases to maternity support, health and accident insurances, taking the total minimum additional entitlements to around Rs 2,500. [25]

Worker safety and welfare

Any enterprise with more than 20 employee must establish a Health and Safety Committee with representation from the workers. Enterprises with more than 50 employees are required to provide a break room and canteen, whereas a child care center is mandated, either by itself or jointly with another, for companies that employ more than 50 female workers. [26]

Foreign workers

An enterprise may employ foreign workers not exceeding 5 per cent of the total workforce. Labour permit may be obtained for a maximum of 3 to 5 years depending on the skill level, with a potential for extension of up to two additional years from the Ministry of Labour. [26]

History of labour laws

Labour Act 2048 was enacted following the re-establishment of democracy through the People's movement 1990. Labour Rules 2050 (1993) provided additional guidance on the Labour Act 2048. Labour Act 2048 was repealed by Nepal Labour Act 2074, enacted in 2017, following the establishment of the federal republic and drafting of the new constitution. [27] The new Labour Act also repealed Retirement Fund Act 2042 (1985) and Industrial Trainee Act 2039 (1982). [28] Labour Rules 2075 which provides additional guidance on the Labour Act 2074 was enacted on 27 May 2018. It repealed and replaced Labour Rules 2050 as the supplement to the Labour Act. [26]

Labour unions and worker rights

The history of worker rights campaigns and trade unions in Nepal, begins with the Biratnagar Mills Workers' Association, which under the leadership of democratic revolutionaries from Nepali Congress and Communist Party of Nepal, were able to organise a strike for the first time on 4 March 1947, beginning the revolution for democracy that successfully toppled the Rana regime and established constitutional monarchy in 1951. In the short term, they were successful in persuading the Rana regime to increase their wages by 15 per cent, and full wages for the duration of the strike. After the establishment of democracy, the union split into All Nepal Trade Union Congress and Nepal Trade Union Congress, and rapidly polarised as leftist and non-leftist during the cold war. Many independent industry-based workers' unions came into being in the late 1970s and early 1980s in the tourism, transport and hospitality sectors. On 20 July 1989, most of these unions came together to form the General Federation of Nepalese Trade Unions (GEFONT). By 1996, the CPN UML affiliated GEFONT and Nepali Congress affiliated Nepal Trade Union Congress (NTUC) were the only two recognised confederations of trade unions. [29] After the maoist party entered the peace process in 2006, its affiliate trade union, the All Nepal Federation of Trade Unions (ANFTU) entered as the third major trade union confederation. However, following the merger of CPN UML and CPN (Maoist Centre), GEFONT and ANFTU are in the process of negotiating a merger. [30]

Trade unions work together with investors, NGOs, INGOs and the government in developing policies, laws, rules and regulations related to worker welfare. [31] [32] On the other, due to highly politicized trade unions, they are failed to contribute to overall economic growth for the country.[33,34] However, the labor force in Nepal projects itself very powerful in terms of system framework as per the Labor Act of 2017, Nepal against growing decline of work force across the world.[35]

Related Research Articles

International Labour Organization Specialized agency of the United Nations

The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 2,700 staff from over 150 nations, of whom 900 work in technical cooperation programmes and projects.

Labour law mediates the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies enforce labour law.

Debt bondage Persons pledge of their labor or services as security for the repayment for a debt or other obligation

Peonage, also known as debt slavery or bonded labour, is the pledge of a person's services as security for the repayment for a debt or other obligation, where the terms of the repayment are not clearly or reasonably stated, and the person who is holding the debt thus has some control over the laborer. Freedom is assumed on debt repayment. The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely. Debt bondage can be passed on from generation to generation.

Sweatshop Workplace that has socially unacceptable working conditions

A sweatshop or sweat factory is a crowded workplace with very poor, socially unacceptable or illegal working conditions. The work may be difficult, dangerous, climatically challenging or underpaid. Workers in sweatshops may work long hours with low pay, regardless of laws mandating overtime pay or a minimum wage; child labor laws may also be violated. The Fair Labor Association's "2006 Annual Public Report" inspected factories for FLA compliance in 18 countries including Bangladesh, El Salvador, Colombia, Guatemala, Malaysia, Thailand, Tunisia, Turkey, China, India, Vietnam, Honduras, Indonesia, Brazil, Mexico, and the US. The U.S. Department of Labor's "2015 Findings on the Worst Forms of Child Labor" found that "18 countries did not meet the International Labour Organization's recommendation for an adequate number of inspectors."

United Kingdom labour law Law in the United Kingdom

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity. This includes the right to a minimum wage of £8.91 for over-25-year-olds under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempts to limit excessively long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

Ethical trade

The term ethical trade first gained currency in the mid-1990s, where it was used as a term for socially responsible sourcing. Ethical trade addresses the ethical aspects of organisations including worker welfare, agricultural practice, natural resource conservation, and sustainability of the environment. Since then, numerous multinational organisations have adopted ethical trade policies by outsourcing to auditing companies to monitor the conditions of workers in their supply chains. The leading alliance of these companies, trade unions and non-governmental organisations is the Ethical Trading Initiative. to support business

General Federation of Nepalese Trade Unions

The General Federation of Nepalese Trade Unions (GEFONT) is a confederation of 20 national trade union federations. It is politically tied to the Communist Party of Nepal. GEFONT declares its goal to be "Socialism for the dignified working-class and prosperous life".

Kamaiya and Kamlari were two traditional systems of bonded labour practised in the western Terai of Nepal. Both were abolished after protests, in 2000 and 2006 respectively.

A Haliya is an agricultural bonded labourer who works on another person's land. The literal meaning of Haliya is "one who ploughs". Haliyas can be found throughout Nepal. But the Haliya system in the far western hilly part of Nepal is considered a bonded labour system.

Labour in India refers to employment in the economy of India. In 2020, there were around 501 million workers in India, the second largest after China. Out of which, agriculture industry consist of 41.19%, industry sector consist of 26.18% and service sector consist 32.33% of total labour force. Of these over 94 percent work in unincorporated, unorganised enterprises ranging from pushcart vendors to home-based diamond and gem polishing operations. The organised sector includes workers employed by the government, state-owned enterprises and private sector enterprises. In 2008, the organised sector employed 27.5 million workers, of which 17.3 million worked for government or government owned entities.

Human trafficking Trade of humans for the purpose of forced labor, sexual slavery, or commercial sexual exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another.

Indian labour law refers to laws regulating labour in India. Traditionally, Indian government at federal and state level have sought to ensure a high degree of protection for workers, but in practice, this differs due to form of government and because labour is a subject in the concurrent list of the Indian Constitution.

Child labour in India

In 2011, the national census of India found the total number of child labourers, aged [5–14], to be at 10.1 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.

Human trafficking in Nepal is a growing criminal industry affecting multiple other countries beyond Nepal, primarily across Asia and the Middle East. Nepal is mainly a source country for men, women and children subjected to the forced labor and sex trafficking. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

Child labour in Pakistan is the employment of children for work in Pakistan, which causes them mental, physical, moral and social harm. The Human Rights Commission of Pakistan estimated that in the 1990s, 11 million children were working in the country, half of whom were under age ten. In 1996, the median age for a child entering the work force was seven, down from eight in 1994. It was estimated that one quarter of the country's work force was made up of children.

Ramjee Kunwar

Ramjee Kunwar is a Nepal Trade Union Congress-Independent (NTUCI) leader, Senior Vice President of NTUCI and executive member of Nepali Congress Party. He was also the former Vice President and Secretary of NTUCI and currently Acting president.

International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, has a growing body of rules regarding labour rights.

All Nepal Trade Union Federation


The All Nepal Federation of Trade Unions (ANTUF) is a national trade union center representing workers in Nepal. The Federation had its origins in the Nepalese Civil War and was created by activists from the Communist Party of Nepal (Maoist). Following the peace accords in 2006, the ANTUF was founded in 2007. The ANTUF is made up of 35 affiliated organisations. In January 2019, following the creation of the Nepal Communist Party, talks commenced for a merger between the ANTUF and the General Federation of Nepalese Trade Unions (GEFONT).

The haruwa–charuwa system is a forced-labour system based on debt bondage, prevalent in the agricultural sector of the eastern Terai region in Nepal. Haruwa means "forced tiller" and are usually adult males, while charuwa means "forced cattle-herder" and are usually women and children. The victims of this bonded labour system are usually dalit families, most commonly from the Musahar caste. Due to landlessness and poverty, they are forced into service of landowner families under slavery-like conditions. The haruwa–charuwa system is similar to the Haliya and Kamaiya systems of western Nepal.

References

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  2. ↑ Chaudhary, Deepak (1 November 2018). "Agricultural Policies and Rural Development in Nepal: An Overview". Research Nepal Journal of Development Studies . 1 (2): 34–46. doi: 10.3126/rnjds.v1i2.22425 . ISSN   2631-2131 . Retrieved 18 November 2019– via Nepal Journals Online.
  3. ↑ "Business, trade union leaders hail passage of new labor laws". Republica . Retrieved 25 November 2019.
  4. ↑ "Losses to tea industry from workers' strike top Rs 1 billion". The Kathmandu Post . Retrieved 25 November 2019.
  5. ↑ Sapkota, Keshav Bhakta (1 July 2018). "Labour Market, Foreign Employment and Remittance in Nepal". Tribhuvan University Journal . 32 (1): 237–250. doi: 10.3126/tuj.v32i1.24790 . ISSN   2091-0916 . Retrieved 25 November 2019– via Nepal Journals Online.
  6. ↑ "Making sense of the money". The Kathmandu Post . 5 June 2019. Retrieved 24 November 2019.
  7. ↑ Sharma, Rupak D (10 June 2019). "Brain drain: Nepal likely to grow old before becoming rich". The Himalayan Times . Archived from the original on 10 June 2019. Retrieved 24 November 2019.
  8. 1 2 3 Shrestha, Prithvi Man (2 May 2019). "Only 22 percent of working-age women are employed in Nepal". The Kathmandu Post . Retrieved 25 November 2019.
  9. 1 2 "Nepal labour market update" (pdf). ILO country office for Nepal. January 2017. Archived (PDF) from the original on 12 July 2018. Retrieved 25 November 2019.
  10. ↑ Joshi, Arati (2 August 2018). "Women in agriculture". The Kathmandu Post . Retrieved 25 November 2019.
  11. ↑ "South Asia" (pdf). Archived (PDF) from the original on 4 March 2016. Retrieved 26 November 2019.
  12. ↑ Joshi, Sunil Kumar (2013). "Child Labor issues in Nepal". International Journal of Occupational Safety and Health . 3 (2): 1–1. doi: 10.3126/ijosh.v3i2.10270 . ISSN   2091-0878. Archived from the original on 3 June 2018. Retrieved 25 November 2019– via Nepal Journals Online.
  13. ↑ Shrestha, Anita (12 June 2017). "Brick Kilns still a hub of child labour: Study". The Himalayan Times . Retrieved 27 November 2019.
  14. 1 2 "Govt, brick kiln owners agree to end child labour". The Himalayan Times . 31 July 2018. Retrieved 27 November 2019.
  15. 1 2 3 "Fighting bonded labour in Nepal". ILO. 2 August 2013. Archived from the original on 14 September 2015. Retrieved 26 November 2019.
  16. 1 2 3 Panthi, Kamal (5 May 2014). "Ex-Kamaiyas returning to landlords". The Kathmandu Post . Retrieved 25 November 2019.
  17. 1 2 Shrestha, Tej (23 August 2008). "TOPICS : Ending slavery in Nepal". The Himalayan Times . Archived from the original on 13 March 2017. Retrieved 23 November 2019.
  18. ↑ "Freed Kamaiyas still live difficult lives a decade after being liberated". Nepal news . 18 July 2010. Archived from the original on 23 February 2017. Retrieved 23 November 2019.
  19. 1 2 Hodal, Kate (18 October 2017). "'My dream is coming true': the Nepalese woman who rose from slavery to politics | Kate Hodal". The Guardian . ISSN   0261-3077. Archived from the original on 2 September 2019. Retrieved 23 November 2019.
  20. ↑ Deuba, Tekendra (28 June 2015). "Despite abolition of Kamlari system, slavery still continues in Kailali". The Himalayan Times . Archived from the original on 2 February 2018. Retrieved 23 November 2019.
  21. ↑ "Freed Haliyas gradually return to bondage as govt fails to resettle". The Himalayan Times . 17 August 2015. Archived from the original on 17 June 2016. Retrieved 23 November 2019.
  22. ↑ "Work permit must for Indian nationals". The Himalayan Times. 6 February 2019. Retrieved 13 December 2019.
  23. ↑ "Population of Overseas Indians" (PDF). Ministry of External Affairs (India). 31 December 2018. Retrieved 4 December 2019.
  24. ↑ "नेपालमा अमेरिकादेखि उत्तरकोरियासम्मका कामदार". Online Khabar. Retrieved 13 December 2019.
  25. ↑ Poudel, Umesh (10 July 2018). "Minimum monthly wage for workers set at Rs 13,450". The Himalayan Times . Archived from the original on 20 July 2018. Retrieved 19 November 2019.
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  27. ↑ "Nepal Labour Act 2074 (2017) - Highlights of Changes brought by New Labour Law". NBSM & Associates. Archived from the original on 24 May 2019. Retrieved 23 November 2019.
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  29. ↑ "History of Nepali Trade Union Movement". GEFONT. Archived from the original on 3 June 2019. Retrieved 23 November 2019.
  30. ↑ Pradhan, Tika R (13 January 2019). "Nepal Communist Party still struggles to finalise unification deal". The Kathmandu Post . Retrieved 23 November 2019.
  31. ↑ "Workers and Employers Organizations in Nepal (ILO in Nepal)". ILO. Archived from the original on 21 April 2019. Retrieved 25 November 2019.
  32. ↑ Acharya, G.; Bhattarai, R. (17 December 2012). "Insights on Issues of Trade Unions and Industrial Relations: A Perceptual Survey of Opinion Leaders". Administration and Management Review . 24 (1): 140–161. Archived from the original on 11 May 2018. Retrieved 25 November 2019– via Nepal Journals Online.

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