Kathmandu, the Labor Survey published by the GEFONT has said that 44 percent workers working in well-known industries are forced to work without the employment agreement.All types of employments (regular employment, Work Based Employment, Time Bound Employment, Casual Employment & Part time Employment), only 55. 93 percent workers have got employment agreement.
A survey carried out between the 50 union workers working with more than 59 Industries. 61 percent workers have been regularly employed, and the rest of the workers have been hired in work based, time based & part time employment. GEFONT has released the survey report by organizing press conference on 30 April in Kathmandu.
Although the government of Nepal has been working for elimination of Child Labour by 2025.In the well known industries, still 3.39 percent of children under the 18 years have been working. According to a survey, there is no use of child labor in 94.9 percent of industries & 1.6 9 percent industries have said that they are not aware of this.
Likewise, the tendency of Casual Employment has not been found in big industries. However, 18 percent industries has found hired some workers for casual employment.
In order to hired foreign citizens in employment, the labor Act 2074 has mandatory provision; permission should take from the Labor Department but in the case of Indian Workers 64 percent industries were not found to follow rules. In the meantime, instead of giving direct employment, labor supply tendencies are increased through labor supplier, currently, 23.73 percent of the reputed industries have been hired workers through the supplier for some service.
Compliance of working time
The Labor Act, 2074 has made provision any worker shouldn’t work more than 8 hours daily and 48 hours a week. But in the survey, 59.32 percent of the workers have said that more than the working hours they have to work. GEFONT President Cde. Binod Shrestha said that 10.17 percent of the industries avoided the rules of half an hour break in the middle of work time.
Compliance of Leave & holiday provision
Among the provision rules in labor law, 2074 comparatively more compliance rule is a holiday & leaves provision. According to the survey, 94.92 percent have been found to get weekly one day leave. But only 84.75 percent of the industries have been given public leave as per law.15.25 percent of industries and institutions were not even following the law and provide annual holidays (at least 13 days in the year and 14 days of women). Currently the average holiday is to be 14.4 days.
Likewise, in the Labor Act, 2074, every worker shall have 1 day for every 20 worked days. , including paid home leave. But, such leave has not been provided by 18.64 percent companies.81.36 percent of the industries were found to be given as per law or more than even average 18 days such a leave has been found.
In the Labor Act, 2074, there is a provision of at least 12 days paid sick leave in the year, 81.36 percent of industries have been found to follow the law. Average 14.4 days such a leave has been found.According to the Labor Act, 2048, the provision of 52 days of maintenance leave has been changed by the Labor Act, 2074, for 98 days fully paid up to 60 days. That provision has followed by 57.63 percent industries and 42.37 percent were found not following the provision. However, the average holiday has been found for 68 days. According to the survey, the provision of the 15 days Paternity Leave as per the law has not been followed by 59.25 percent industries. Mourning Leave provision has been followed by 88.14 percent industries. 11.86 percent industries even not following such a holiday provision.
Compliance of Wage & benefits provision
The survey has shown that the comparatively reputed industries where unions are active found not providing even the minimum salary (monthly Rs 13,450) for all workers. 27.12 percent of industries not providing minimum salaries to the workers.
88.14 percent of the industries have found providing festival expenses & 83 percent of the industries have been given pay-per-half day salary (grade increase) each year.
Likewise, still 30.51 percent of the industries have providing Provident Fund to the workers which is clearly provided by the Law and Rules. Similarly, 54 percent of the industries did not provide Gratuity to the workers as mentioned in the law.
Medical and Treatment facilities
The Labor Act, 2074, has been clearly explained to the treatment facilities. But the total 37.29 percent industries only have been found providing Medical Insurance to the workers or treatment expenditure according to the law. Likewise, 38.98 percent workers found that all kinds of accidents insurance coverage according the section 55 of the Act.
Other provision of enforcement of the law
During the survey, provision of other arrangements of the labor laws also tried to figure out. According to the provision of the Labor Act, 2074, the industries with 10 or more workers working should have OHS Policy and 20 or more workers working industries have to create OHS committee. Even though 15.25 percent of the industries have OHS policy accordance with the Labor Act, only 8.47 percent of the industries formed & maintained OHS committees regularly. Only 18.64 percent of the industries have been made a TOR for internal management.
The Labor Relations Committee, which should be made accordance with the Labor Act and the rules, has been found only in 22.03 percent industries in order to address general problems arising in the industries and to follow welfare system.
During the construction of Labor Act, 2074, the main demands of the employers were to be rewards and penalties based on performance. The arrangement related to performance which has been brought by the demand of the employers also found compliance by only 16.9 percent industries.
Likewise, last year, 27.12 percent of the industries included in the survey were presented personal bargaining, in the 40.48 percent industries collective bargaining agreements have been found.
GEFONT General Secretary Cde. Janak Choudhary has informed that the survey should continue to monitor the situation of implementation of labor audit report from all the industries as per the law since the coming year and to publish labor audit report in the coming May Day.
Constitution of Nepal has assured fair labor practice including the fair wage rights to all workers & Contribution based social security rights and rights to organized.