Unionism is the process of forming union. A union is an organization of workers, acting collectively to protect and promote the interest of the workers. A union is an organization and has certain structure, goals and objectives and people with it. A union is relatively permanent, members of the union work collectively as a group. Individual interests are sacrificed for the sake of group interest. |
Members of the union seek to promote and protect their mutual interests. Such interests can be economic, cultural, social or political. A union operates through collective bargaining. Labour and management come to the bargaining table to negotiate and reach a settlement acceptable to both of them.
Process of Unionization
This involves;
- The laws should allow the formation of union. In Nepal, the trade union Act 1993 provides the legal basis for the formation of union.
- There is need of organizing together. The workers come together to protect their interests and fight for social in justice, discrimination at work and so on with the management.
- A petition should be filed with the appropriate authority to register the union. In Nepal, the labour department acts as the registering agency for the government.
- The election is held to elect the office, bearers of the union.
- There is need of recognition of the duty elected union by the management.
Labour Legislation
Labour legislation plays two major roles:
- Protective roles: This promotes and protects the rights and interests of the workers. It creates contractual relations for employment by specifying:
- Terms and condition of employment
- Working conditions
- Benefits and services for worker and his family compensation, including minimum wages and accident-related-compensation.
- Regulatory roles: This is concerned with promotion and maintenance of better labour relations. It defines, clarifies and regulates labour relations. Examples are
- Right to work
- Collective bargaining
- Disputes and their settlement
- Equal employment opportunities to avoid discrimination
- Fair and equal treatment
- Safety of workers
- Welfare of worker and family
- Unions and related matters.
Labour Legislation in Nepal
- Nepal Factory and Factory Worker Act, 1959 (NFFWA): This was the first Act related with labour, where following provisions were made;
- Payment of wages, overtime and minimum wages to workers.
- Provident fund provision for permanent workers
- Welfare provisions, consisting of
- Leave, working hours
- Pension, provident fund, maternity benefits
- Compensation for injury/ disability/ death
- Medical facilities
- Rest room for taking rest by workers
- Children’s arrangements
- Worker’s right to form union
- Work committees to harmonize labour relation
- Employment of foreign citizens
- Right to strike and lockout, etc.
- Tribunal to settle disputes
- Bonus Act, 1974: This Act maintains the provisions of bonus to employees and workers. It specifies:
- The bonus shall not exceed 10% of the net profit.
- The amount of bonus to an individual will depend on the amount of monthly salaries and wages paid, but shall not exceed 6 months wages and salaries.
- Labour Act, 1992 (as amended in 1998): This Act replaced the NFFWA of 1959. The main provisions of this act related to:
- Employment and job security, firing of worker.
- Working hours.
- Remuneration and yearly pay increment
- Health and security
- Welfare provisions
- Settlement of labour disputes and conflicts
- Rule of conduct
- Trade Union Act, 1993: The main provisions of this Act are:
- It provides legal basis for organizing the trade union. It demands a minimum 10 workers to form a union and should have at least 25% of the total worker of the organization with it.
- It specifies objectives of a trade union as:
- Improve working conditions and work for socio-economic progress of workers.
- Maintain good relations with management
- Increase productivity and assist in organization’s development.
- Make provisions for recognition of authorized trade union for presenting demands to management.
- The provision has been made for Registrar of Trade Unions.
- Organization level trade unions can form Trade Union Association (TUA/, TUA then can form Trade Union Federation (TUF). The framework for labour legislation in Nepal is still in an early stages. Policies, laws and institutions are still evolving.
- Child Labour Act, 2000 (CL Act): The Act has following provision in it:
- Children below 16 years have been defined as child.
- Children below 14 years must not be employed as labour.
- Children must not be employed in any hazardous jobs as specified. For example: Construction sites, public transport and engineering project. Tourist related jobs, carpet dyeing, beer and liquor, plastic, glass, insecticides etc.
- Permission should be taken from the authorized government agency for employment of child.
- Child labour must not be used from 6 pm in the evening to 6 am in the morning.
- Child labour must not be employed for more than 6 hours per pay or 36 hours per week.
- There should be no discrimination in wage payment for child labour.
- Labour Department has power to inspect organizations employing child labour.
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