Law Info Nepal

1.5 Some Fundamental Concepts Relating to Labour Laws

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

1.5.1 Basic Human Rights of Worker

The worker's rights-as-human-rights: the non-discrimination (the equal pay-and-treatment); the freedom from forced labour; the child labour's abolition; the safe workplace; the association's freedom; the rest-and-leisure; the fair wages — the constitutional-and-ILO anchors (the HR course's labour face).

1.5.2 Employment Policy

The state's employment responsibilities: the full-employment's aim (the directives' faces); the vocational training; the employment services; the labour-market information; Nepal's faces (the employment policies; the Foreign Employment Act's migration machinery — the remittance economy's governance).

1.5.3 Social Security

The risks' socialisation: the sickness-maternity-invalidity-old-age-unemployment-family-survivors' coverage (the ILO's C102 architecture); the contributory-vs-universal designs; Nepal's arrival (the Social Security Act 2074 — the contributory fund's scheme; the informal sector's gap).

1.5.4 Industrial Relations

The workplace's relations system: the employer-worker-state triad; the conflict-and-cooperation's mix; the institutions (the unions, the employers' associations, the state's machinery); the IR's theories (the unitary-vs-pluralist-vs-marxist frames).

1.5.5 Managerial Rights

The employer's functions: the direction (the work's assignment); the discipline; the hiring-and- dismissal; the business's reorganisation — the limits (the statutory protections; the collective agreement's constraints; the fairness's duties).

1.5.6 Trade Union Rights

The workers' collective rights: the organise-and-bargain-and-strike trio (the C87-C98 core); the union's security (the anti-discrimination protections); the Nepal frame (the Trade Union Act 2048; the constitutional association right).

1.5.7 Social Dialogue (Bi-Partism, Tri-Partism) and Collective Bargaining

The dialogue's machinery: the bipartite (the worker-employer committees; the bargaining itself); the tripartite (the state's chairing — the labour advisory bodies (U8.3)); the collectivebargaining's process (the representation's certification; the demands' presentation; the negotiation; the agreement's term-and-enforcement).

1.5.8 Industrial Action

The pressure's weapons: the strike (the workers' collective refusal — the lawful-strike's conditions: the notice, the ballot, the dispute's prior-exhaustion); the lockout (the employer's closure — the mirror weapon); the picketing (the persuasion's edge); the limits (the essential services; the public order).

1.5.9 Unfair Labour Practice

The relations' wrongs: the employer's (the anti-union discrimination; the refusal-to-bargain; the retaliation); the union's (the coercion; the restraint-of-trade's excesses); the remedies (the labour court's restoration powers).

1.5.10 Peaceful Settlement of Industrial Dispute

The disputes' machinery (U7's depth): the prevention (the works committees; the grievance's handling); the conciliation-mediation; the adjudication; the principle: the industrial peace through the justice.

1.5.11 Protective Right of Some Special Group of Worker

The vulnerable's special shield: the women (the maternity; the night-work-and-heavy-work rules; the equal treatment); the young-and-children (the minimum-age; the hazardous bar — the Child Labour (Prohibition and Regulation) Act 2056's faces); the migrant workers (the recruitment's regulation; the destination's protection); the disabled-and-elderly workers' accommodations.

1.5.12 Inter-Relation between Employer, Employee, Society and the State

The four-cornered web: the employer (the capital-and-management), the employee (the labour), the society (the community's stake — the products, the environment, the standards), the state (the regulator-and-protector) — the labour law as the web's balancer.

1.5.13 Role of Government

The state's roles: the legislator (the standards' setting); the administrator (the labour offices; the inspections (U8)); the conciliator-adjudicator (the dispute machinery); the employer (the public sector's own practices); the promoter (the skills; the social security's extension).

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