New bill seeks to guarantee employment

Kathmandu, August 23

The Right to Employment Bill registered by the Ministry of Labour, Employment and Social Security at the Parliament Secretariat yesterday guarantees the right to employment of each citizen.

According to Section 4, each citizen may pursue an employment of his/her choice depending on his/her qualification and capacity, and quit or change it subject to this bill and prevailing laws. “No one shall engage or persuade a person to be engaged in a job against his/her will,” it states.

The bill also stipulates a provision which prohibits dismissal of any person from the job without valid reason. “If any person is dismissed from the job in contravention of provisions relating to service and terms and conditions of the service, he/she may file a complaint at the concerned Employment Service Centre seeking retention in the job,” Section 7 reads. The centre remains under the local level.

On receipt of the complaint, the centre shall forward it to the concerned local level for necessary investigation into the reason for dismissal from the job. “If the investigation substantiates that the person was removed from the job without any reason, the local level shall direct the employer to reinstate him/her,” it says.

After the commencement of this law, the Government of Nepal, provincial governments and local levels shall conduct an employment programme to provide employment to unemployed persons.

“Any unemployed person desirous of getting engaged in a minimum employment (for at least 100 days) may submit an application, accompanied by details about his/her skills, qualifications and capacity, to the centre. Upon receipt of the application, the centre shall prepare and maintain records of genuine unemployed persons,” Section 11 reads.

The bill requires the centre to maintain a detailed list of employers available in its working area. The employers, both the governmental and non-governmental agencies, may request the centre to supply qualified persons for posts lying vacant in their offices. Any person deputed by the centre for the job shall have to abide by terms and conditions of the service.

There shall be an eight-member steering committee led by the minister or state minister for labour, employment and social security to supervise and conduct the functions relating to right to employment of citizens.

According to Section 20, the Government of Nepal, provincial governments and local levels shall conduct unemployment assistant programme to disseminate information about employment opportunities, conduct employment and skill training, provide subsidised loan through banks and financial institutions and create self-employment opportunities.

Section 22 provides for a provision of subsistence allowance to unemployed persons. “If the government fails to provide minimum employment to an unemployed person listed in the centre, he/she shall be entitled to an amount equivalent to 50 per cent of minimum salary of 100 days as prescribed by the ministry in a fiscal,” it reads.

Notwithstanding anything contained in Section 22, if any unemployed person gets employment for a period less than 100 days in a fiscal, he/she will obtain 50 per cent amount of the minimum salary of only the days remaining to complete 100 days.