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At
a glance, Nepal's industrial status can be easily
described as undeveloped with only small industries
that provide few workers with jobs. "Nepal's
corporate mentality is still developing as the
majority of industries are conducted and owned
by small family groups," Mr. Lalit Bhadur
Thapa, Director General of the Department of Labor
and Industry, says. "There are few multinational
corporations and they experience no labor problems,"
he continued. Unlike the larger corporations,
which employ large numbers of laborers, family
based operations commonly employ fewer than ten.
Most of Nepal's traditional arts and handicrafts
fall into this category. Among these businesses,
the laborers are not protected by the department's
trade union act as it deals with trade unions
that can only be established where there are a
number of workers greater than ten. These laborers,
therefore, do not fall under Nepal's labor act,
which the department enforces with laws along
with other acts and policies. They govern how
Nepal's some 200,000 industrial workers are treated
such as imposing a minimum wage of 74 rupees per
workday, less than a dollar, for those working
in larger industries.
The
country's labor act was passed in 1992 under the
pretense that no laws could be formed without
the consent from labor trade unions and the employers'
federation. Since the creation of the act, many
laws have been passed in order to protect social
structure and the Nepali worker within. "No
one under the age of fourteen can be legally employed"
and "those aged fourteen to sixteen must
have consent from the employer," Thapa says.
It is also ruled that working hours shall not
interfere with school hours. This can pose problems
for young women who wish to be employed as females
are restricted to working daytime hours unless
they consent to work nights.
According
to Thapa, the government has established sixteen
labor training centers across the nation. Two
of these centers are vocational skill development
and fourteen are common skill development. They
are six month programs that offer people a basic
education to supply laborers with jobs both locally
and abroad in industries like sewing, plumbing,
electrical work, woodwork, metalwork and weaving.
Under the national labor policy, programs are
conducted for worker skill development. The programs
are self-employment oriented and target groups
under the poverty line in rural and urban areas
towards the alleviation of poverty. The policy
grants loans to the poor, which can be paid back
upon employment in order for them to afford to
take part in the programs. There are many training
programs that are offered in the private sector
as well but they receive only expressed encouragement
from the government of which it is hard to make
use.
Thapa
summarized the department's role by saying, "We
work towards what can be done for the betterment
of both sides of Nepal's industries, the laborers
and the employers." It works for an increase
in production and to establish good employee-employer
relations. He reflected the struggles that arise
in this task, saying that "trying to impose
the labor act is not practical because there are
no compromises between employers and trade unions,"
under which laborers receive protection. There
is a difficult situation that has formed since
the labor act's instatement. Employers frequently
complain that government politicians back the
trade unions and that the creation of labor laws
lies heavily on that side. "The practice
is set by laborers and imposed on the employers,"
Thapa explained.
Because
of the resentment employers show towards trade
unions and the taxes imposed on them by the government
they have formed various loopholes in order to
benefit their situation. "We are trying to
secure jobs but many laborers are not filling
out employment forms," says Thapa. A worker
has no protection from being fired unless he or
she has being hired on record. It is presumed
under the labor act that once a laborer has worked
240 days that he or she will become a permanent
employee with certain benefits otherwise unavailable
to the common worker. Employers are not unaware
of this, however, and have a tendency to terminate
laborers before they reach this point, adding
to the feud.
The
department is linked with ten labor offices nationwide
that conduct inspections to see how the labor
act is being enforced within factories. The inspectors
retain semi-judicial powers and have the right
to take employers to labor court where they can
receive fines for their conduct. The implication
of labor laws inside industries is an important
step towards the development of the country's
economy and the lives of its laborers. The kicker
is that the workers who form the majority in Nepal
today are not protected by these laws and find
no comfort in knowing that they could be begging
for their next meal.
Thapa
contemplated his country's woes by saying, "The
government is trying to control the Maoist insurgency
that negatively affects Nepal's industries. The
political situation is causing the closure of
many industries and that of tourism is going down
and people are losing jobs along with it."
To add to the country's political chaos and to
further the frustration of its people a new government
is to be tested at the helm. Yes, at a glance,
Nepal's industrial status can be easily described
as undeveloped, and when given a closer look,
its future looks rough.
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