Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information supplied by the Government in its reports, in particular the adoption of the Labour (First Amendment) Act of 28 January 1998 and the issue of Notice of 15 March 2000 fixing minimum wages for workers employed in tea estates, and Notice of 25 April 2000 fixing minimum wages for workers employed in all establishments other than tea estates. It also notes the observations made by the General Federation of Nepalese Trade Unions concerning the application of the Convention and would appreciate receiving the Government’s reply to those comments.

Article 4(2) and (3) of the Convention. The Committee notes that under section 21(5) of the Labour Act, 1992, as amended, in circumstances when it is not possible to form the Minimum Remuneration Determination Committee, or when the committee, even if formed, is unable to make any recommendation, nothing shall prevent His Majesty’s Government from prescribing the minimum wage rates applicable to workers and employees of establishments. The Committee is bound to observe, in this connection, that such provision is not consistent with the requirements of the Convention since it calls into question one of its fundamental principles, that is the principle of full consultation and direct participation of representative employers’ and workers’ organizations in the procedure for fixing and adjusting minimum wages, as set forth under this Article. The Committee therefore asks the Government to take the necessary action to bring the national legislation into conformity with the Convention. It also requests the Government to communicate in its next report any progress achieved in this regard.

Articles 2 and 5. Further to its previous comments, the Committee notes that under section 57 of the Labour Act, as amended, any person who acts in contravention of the provisions of the Act or the rules or written orders or directives issued under the Act is liable to a fine not exceeding Rs.10,000 depending on the nature and gravity of the offence. The Committee again requests the Government to provide additional information on the enforcement of the legislation on minimum wages, including labour inspection results, the number and type of infringements recorded and the penalties imposed.

Part V of the report form. The Committee would be grateful to the Government for providing all available information on the manner in which the Convention is applied in practice, including, for instance, the approximate number of workers covered by relevant legislation, the minimum wage rates applicable in the different sectors and categories of workers, and any other particulars concerning the fulfilment of the practical conditions prescribed by the Convention.