Employees are not allowed to form a trade union.

The ordinance removed provisions related to trade unions from the Civil Service, Health Service, and Federal Parliament Secretariat Acts.

Baishak 22, 2083

Rajesh Mishra

Employees are not allowed to form a trade union.

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The government has abolished trade unions opened by civil servants, including health service and federal parliament secretariat employees. The government has removed the provision allowing them to open trade unions through an ordinance.

After the provision of trade unions was removed from the law, various trade unions of employees that were currently in existence have become non-existent. Prime Minister Balendra Shah said on Tuesday through social media platforms Facebook and X that party affiliation has been banned in the bureaucracy. 'This does not take away rights but strengthens professional freedom.' Now the basis for appointments, transfers and promotions should not be party affiliation, but method, ability and efficiency,' Prime Minister Shah said, 'Employees should serve the people, not any party.'

All provisions such as the definition of trade unions, formation of trade unions, duties and representation in the Civil Service Act have been removed from the amendment. The Act had a provision that gazetted employees, except for those who have to work in an office, and employees of the third category (branch officer) or below, could form and become members of national-level civil servant trade unions for the benefit of their professional rights.

The Act gave them the right to social dialogue and collective bargaining for the rights of employees. The entire provision related to official trade unions of civil servants in Section 53, including the provision that trade union officials should be transferred to places where their work area is convenient, has been removed through the amendment.

Ekdev Adhikari, spokesperson for the Ministry of Federal Affairs and General Administration, said that the legal status of employee trade unions has ended with the amendment of the Act and its publication in the Gazette. ‘Various trade unions that existed till yesterday have now been dissolved,’ he told Kantipur. ‘Employees can no longer carry out organized activities.’ He mentioned that since trade unions are registered with the Department of Labor, the dissolution process will take place from there. There were 7 different trade unions of civil servants.

The provision of forming an official trade union, joining it, and bargaining in the Health Service Act has also been removed from the ordinance. Similarly, the provision of employee unions in Section 73 of the Federal Parliament Secretariat Act has been removed. There was a provision that employees working in the secretariat, except for the civil servants, could form an employee union for the benefit of their professional rights.

The provision of the Federal Parliament Secretariat Act has also been amended and removed in the ordinance made to amend some Nepal Acts. The government has recently issued 8 different ordinances. In them, the government had prioritized the issue of abolishing the employee trade union. The government abolished the trade union through the ordinance when the Ministry of Federal Affairs and General Administration prepared the Civil Service Bill and made it public for discussion.

Along with prohibiting the opening or membership of a trade union, the Act also provides that the government employees can present their grievances, complaints and grievances in writing or orally to the head of the office. Such grievances must be resolved by the head of the office concerned within 30 days. If a resolution is not possible, the officer responsible for hearing the complaint must inform the concerned party of the decision in writing, including the basis and reasons, within 15 days.

If the decision is not satisfied, an application can be filed with the officer at a higher level for review, and if the hearing on such a review application is not satisfactory, a new provision has been made in the Act to proceed in accordance with the prevailing law.

Rajesh

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