📦 The complete package — every unit, prescribed cases, exam focus points and model questions — is Rs 300: see the packages →
Unit 1: Introduction
Syllabus coverage in this unit
1.1 Meaning and Scope of Labour Law · 1.2 ILO, its Origin and its Core Labour Standards · 1.3 Industrial Jurisprudence and Fundamental Rights of the Workers · 1.4 History of Labour Legislation in Nepal
1.1 Meaning and Scope of Labour Law
Labour law = the employment’s law: the worker-employer relation’s regulation — the individual relation (the contract’s terms: the wages, the hours, the security) and the collective relation (the unions, the bargaining, the disputes). Its nature: the protective law (the unequal-bargaining-power correction — the contract’s fiction of equality between the hungry worker and the resourced employer answered by mandatory minimums); the social-law character (the labour-and-social-justice constitution); the mixed sources (the statutes, the collective agreements, the customs, the jurisprudence). The scope’s map: the employment relationship’s whole life (the hiring → the terms → the discipline → the termination → the post-service benefits); the workplace’s conditions (the safety, the health, the welfare); the collective institutions (the unions, the agreements, the disputes’ machinery); the social security’s extension; the administration (the offices, the inspectors, the Labour Court). The scope’s honest limit: the formal sector’s bias — the economy’s large informality (the agriculture, the self-employed, the home workers) beyond the statute’s easy reach; the foreign employment’s parallel world (the migrants’ own statute).
1.2 ILO, its Origin and its Core Labour Standards
The origin: the 1919 Treaty of Versailles’ Part XIII (the social-justice-as-peace thesis — “poverty anywhere constitutes a danger to prosperity everywhere”); the 1946 specialised-agency status; the 1969 Nobel Peace Prize. The tripartite uniqueness: the governments-workers-employers’ equal seats (the only tripartite UN body): the International Labour Conference (the annual assembly — the standards’ adoption), the Governing Body (the executive), the International Labour Office (the secretariat). The functions: the standard-setting (the conventions-and-recommendations), the supervision (the reports-and-comments machinery), the technical cooperation, the research.
The core labour standards (the 1998 Declaration on Fundamental Principles and Rights at Work — the obligations even unratified; the 2022 additions):
- The freedom of association and collective bargaining: C87 (1948) + C98 (1949);
- The forced-labour elimination: C29 (1930) + C105 (1957);
- The child-labour elimination: C138 (1973) + C182 (1999);
- The non-discrimination: C100 (1951) + C111 (1958);
- The 2022 additions: the OSH pair (C155 + C187 — the occupational safety’s fundamental status).
The Nepal record: the majority ratified — including C98 (1996), C100, C111, C138, C182 — but not C87 (the gap the syllabus debates: the public servants’ association restrictions).
1.3 Industrial Jurisprudence and Fundamental Rights of the Workers
Industrial jurisprudence = the workplace’s own justice-theory: the efficiency-plus-equity balance (the industrial peace through fairness); the specialised adjudication’s rationale (the labour disputes’ technicality and urgency — the ordinary courts’ unsuitability; the cheap-quick-informal forums’ design); the interpretive canons: the pro-worker canon (the ambiguity resolved for the worker — the protective purpose’s reading), the beneficial construction (the welfare provisions liberally read), the rights’ non-waivability (the minimums’ mandatory character — the contracting-out bar). The workers’ fundamental rights (the constitutional anchors): the freedom of association and unionisation (the labour freedoms’ constitutional guarantee); the equality and non-discrimination (the equal pay for equal work — the Constitution’s specific command on the basis of sex); the prohibition of forced labour; the child-labour prohibition and regulation; the social security’s promise (the state policy’s directive — the contributory-and-universal trajectory); the dignity at work (the harassment’s prohibition; the safe workplace).
1.4 History of Labour Legislation in Nepal
The legislative history’s ladder:
- The early industrial statutes: the Factory and Factory Workers Act 2016 (1959) — the first factory-regulation face; the Plantation Workers’ era’s sectoral faces;
- The 1990 movement’s generation: the Trade Union Act 2048 (1992) — the unions’ statute (the legalisation of the independent unionism); the Labour Act 2048 (1992) — the consolidated employment-and-relations code; the Bonus Act’s profit-sharing world;
- The specialised additions: the Child Labour (Prohibition and Regulation) Act 2056; the Foreign Employment Act 2064 (the migrants’ parallel world); the Child Care and Training Centre faces;
- The modern consolidation: the Labour Act 2074 (2017) and the Labour Rules 2075 — the previous acts’ merger and modernisation (the employment forms, the OSH, the social security’s integration); the Social Security Act 2074 — the contributory scheme’s historic first; the Social Security Plan Operation Procedures 2075;
- The current questions: the federal era’s three-level labour functions; the informal sector’s challenge (the economy’s 80%-plus informality); the gig economy’s arrival.
Exam Focus
- Long questions: (i) Labour law’s meaning, nature and scope (the protective-law thesis + the informality’s honest audit); (ii) The ILO — origin, tripartite structure, and the core standards (the five pairs with numbers); (iii) Industrial jurisprudence + the workers’ fundamental rights; (iv) The legislative history’s ladder.
- Short questions: the tripartite principle; the 1998 Declaration’s even-unratified doctrine; the pro-worker canon; C87’s Nepali gap.
- Trick areas: (i) The core standards bind members EVEN WITHOUT RATIFICATION (the 1998 Declaration) — the ratification list and the obligation list are different questions; (ii) The ILO is the ONLY tripartite UN body — the employers’ and workers’ seats beside the governments’; (iii) The pro-worker canon operates on AMBIGUITY — it is not a licence to rewrite clear provisions; (iv) Nepal’s labour statute line is 2048 → 2074 — citing the 2048 Act as the living law (post-2074) is the standard error.
Model Questions
- Define labour law and explain its nature and scope. (10)
- Describe the ILO’s origin, structure and functions. (10)
- Explain the ILO’s core labour standards and Nepal’s ratification record. (10)
- Discuss industrial jurisprudence and the fundamental rights of workers. (10)
- Short notes: (a) tripartism; (b) the 1998 Declaration; (c) pro-worker canon; (d) the Labour Act 2074. (4×2.5)
📚 Get the complete notes: Download the full Labour Law PDF (all units) — Law Info Nepal Original Notes Series (LL.B., 3-Year New Course, 2076/077 B.S.).
