CHAPTER – 3 Operation, Management and Recognition of the Trade Union
8. Autonomous and Corporate body:
(1) The Trade Union shall be an autonomous and Corporate body having perpetual succession.
(2) The Trade Union Shall have a seal of its own to carry out its activities.
(3) The Trade Union may acquire, posses, dispose or manage by other means
of its movable and immovable property as a person.
(4) The Trade Union may sue or be sued under its name as a person.
9. Objectives:
(1) The Objectives of the Trade Union shall be as follows:
(a) To engage in economic and social development of the workers by improving their working conditions .
(b) To make an effort to establish good relationship between worker and management.
(c) To assist in the development of Enterprise by increasing the productivity of Enterprise.
(d) Try to make the workers dutiful and disciplined.
(2) In addition to the objectives mentioned in Sub-section (1), the Trade Union Association and the Trade Union Federation shall have the following objectives:-
(a) To conduct activities providing education to the worker.
(b) To establish relation with International institutions for the benefit of the workers.
(c) To provide necessary advice to Government of Nepal in formulating the Labour Policy.
(d) AS required to conduct workshops, seminar etc and publish facts and figures beneficial to the workers.
(e) In order to protect and promote the rights and interest of the workers negotiate with Government of Nepal and take other necessary measures subject to the prevailing law.
9A. Functions, Duties and Powers of Trade Union: In addition to the functions, duties and powers referred to in its Statute of a Trade Union, the other functions, duties and powers of a Trade Union shall be as follows:-
(a) To carry out and cause to be carried out the activities and programmes as required for the achievement of the
objectives of the Trade Union as referred to in Sub-section (1) of Section 9
(b) To require its members to participate in the election of the Authorized Trade Union of Enterprise level,
(c) To require the workers of an Enterprise to abide by the decisions of the Authorized Trade Union of Enterprise level.
9b. Functions Duties and powers of Trade Union Association and Trade Union Federation: In addition to the functions, duties and powers referred to in their Statute of the Trade Union Association and Trade Union Federation, the other functions, duties and powers of the Trade Union Association and Trade Union Federation shall be as follows:-
(a) To carry out and cause to be carried out the acts and proceedings and programmes as required for the achievement of the objectives of the Trade Union Association and Trade Union Federation as referred to
in sub- section (2) of Section 9,
(b) To require their members to participate in the elections of Trade Union Association and Trade Union Federation,
(c) To require their members to abide by the decisions of the Trade Union Association and Trade Union Federation.
(d) To take necessary measures in order to resolve the Labour disputes by entering into negotiations with Government of Nepal, with professional associations and federations of various types as well as with the Enterprises, representing the entire workers on policy level labour disputes,
(e) To negotiate with the concerned Enterprise and Managers on behalf
of the Trade Union of Enterprise level,
(f) To establish and operate various types of funds for the benefit and
welfare of the workers,
(g) To make public the facts of oppression committed against a worker
and Trade Union and to make aware the concerned Enterprise of
such acts, as required.
10. Statute : (1) The following particulars shall be included in the statute of the Trade
Union:-
(a) Name and address of Trade Union;
(b) Objective of the establishment of Trade Union;
(c) Procedure of the formation of the working committee as well as the
term of office to be a maximum period of four years;
(d) General Membership, the number of officials and the mechanism
(process) of their election;
(e) Provision that only a worker, who is a Nepali Citizen and having
served continuously for one year to be elected for the official post;
(f) Provision regarding fund of the Trade Union and its auditing;
(g) Provision regarding inspection and examination of the account of the
Trade Union.
(h) Provision to bring the vote of no confidence against the officials;
(i) Provision regarding functions, duties, powers and meeting of the
working committee and the General Meeting of the Trade Union.
(j) The Procedure of amendment of the statute of Trade Union;
(k) Provision regarding dissolution of the Trade Union;
(l) Provision regarding liability and assets of the Trade Union after its
dissolution.
(2) If any amendment is made in the statute of the Trade Union, the
concerned ♣ Trade Union shall inform the Registrar with a copy of such amendment
within 35 days after such amendment has been made and approval of such
amendment have to taken from the Registrar.
11. Recognition of the Authorized Trade Union: (1) The Authorized Trade Union
shall be recognized for the collective bargaining with the management on behalf of
the workers of authorized enterprise level Trade Union.
? (1a) where only one Trade Union is registered in any Enterprise, the
Trade Union registered earlier shall be recognized as the Authorized Trade Union
if another Trade Union is not registered within three months from the date of such
registration.
? (1b) In reckoning the time period of three months as referred to Sub-
section (1a), it shall be reckoned from the date of commencement of this Act.
(2) The Authorized Trade Union recognized pursuant to Sub-section (1)
shall inform to the Registrar and the Manager within fifteen days after such
recognition has been extended.
(3) The Registrar shall provide the certificate of Authorised Trade Union
as prescribed within 15 days from the date of receipt of notice pursuant to Sub-
section (2).
? (4) The procedures relating to the election of the Authorised Trade
Union shall be as prescribed.
12. Presentation of Claim: (1) Notwithstanding anything contained in Section 74 (1)
in the Labour Act, 2048 (1991), the working committee of the Authorised Trade
Union on behalf of the workers may present claims in written form with the number
and names of its representative to the management for collective bargaining.
(2) The Authorised Trade Union shall not go on strike in Enterprise or
do such action that may assist it in any manner without completing the procedure
mentioned in Section 76 of the Labour Act, 2048 (1991).
13. Duration of Validity of the Recognition of the Authorized Trade Union: The
duration to bargain collectively on behalf of the workers of the authorised Trade
Union recognized pursuant in Section 11 with the management shall remain valid
for two years from the date of issue of the certificate by the Registrar pursuant to
Sub-section (3) of the same Section.
? Provided that in cases where the registration of such Authorized Trade
Union is cancelled or such Trade Union is dissolved, the election for another
Authorized Trade Union shall be conducted within three months from the date of
such cancellation or dissolution
Operation, Management and Recognition of the Trade Union
8. Autonomous and Corporate body: (1) The Trade Union shall be an autonomous
and Corporate body having perpetual succession.
(2) The Trade Union Shall have a seal of its own to carry out its activities.
(3) The Trade Union may acquire, posses, dispose or manage by other means
of its movable and immovable property as a person.
(4) The Trade Union may sue or be sued under its name as a person.
9. Objectives: (1) The Objectives of the Trade Union shall be as follows:
(a) To engage in economic and social development of the workers by
improving their working conditions .
(b) To make an effort to establish good relationship between worker and
management.
(c) To assist in the development of Enterprise by increasing the productivity of
Enterprise.
(d) Try to make the workers dutiful and disciplined.
(2) In addition to the objectives mentioned in Sub-section (1), the Trade
Union Association and the Trade Union Federation shall have the following
objectives:-
(a) To conduct activities providing education to the worker.
(b) To establish relation with International institutions for the
benefit of the workers.
(c) To provide necessary advice to Government of Nepal in
formulating the Labour Policy.
(d) AS required to conduct workshops, seminar etc and publish facts and
figures beneficial to the workers.
(e) In order to protect and promote the rights and interest of the workers
negotiate with Government of Nepal and take other necessary
measures subject to the prevailing law.
? 9A. Functions, Duties and Powers of Trade Union: In addition to the functions,
duties and powers referred to in its Statute of a Trade Union, the other functions,
duties and powers of a Trade Union shall be as follows:-
(a) To carry out and cause to be carried out the activities
and programmes as required for the achievement of the
objectives of the Trade Union as referred to in Sub-section
(1) of Section 9
(b) To require its members to participate in the election of
the Authorized Trade Union of Enterprise level,
(c) To require the workers of an Enterprise to abide by the
decisions of the Authorized Trade Union of Enterprise level.
? 9b. Functions Duties and powers of Trade Union Association and Trade Union
Federation: In addition to the functions, duties and powers referred to in their
Statute of the Trade Union Association and Trade Union Federation, the other
functions, duties and powers of the Trade Union Association and Trade Union
Federation shall be as follows:-
(a) To carry out and cause to be carried out the acts and proceedings and
programmes as required for the achievement of the objectives of the
Trade Union Association and Trade Union Federation as referred to
in sub- section (2) of Section 9,
(b) To require their members to participate in the elections of Trade
Union Association and Trade Union Federation,
(c) To require their members to abide by the decisions of the Trade
Union Association and Trade Union Federation.
(d) To take necessary measures in order to resolve the Labour disputes
by entering into negotiations with Government of Nepal, with
professional associations and federations of various types as well as
with the Enterprises, representing the entire workers on policy level
labour disputes,
(e) To negotiate with the concerned Enterprise and Managers on behalf
of the Trade Union of Enterprise level,
(f) To establish and operate various types of funds for the benefit and
welfare of the workers,
(g) To make public the facts of oppression committed against a worker
and Trade Union and to make aware the concerned Enterprise of
such acts, as required.
10. Statute : (1) The following particulars shall be included in the statute of the Trade
Union:-
(a) Name and address of Trade Union;
(b) Objective of the establishment of Trade Union;
(c) Procedure of the formation of the working committee as well as the term of office to be a maximum period of four years;
(d) General Membership, the number of officials and the mechanism (process) of their election;
(e) Provision that only a worker, who is a Nepali Citizen and having served continuously for one year to be elected for the official post;
(f) Provision regarding fund of the Trade Union and its auditing;
(g) Provision regarding inspection and examination of the account of the Trade Union.
(h) Provision to bring the vote of no confidence against the officials;
(i) Provision regarding functions, duties, powers and meeting of the working committee and the General Meeting of the Trade Union.
(j) The Procedure of amendment of the statute of Trade Union;
(k) Provision regarding dissolution of the Trade Union;
(l) Provision regarding liability and assets of the Trade Union after its
dissolution.
(2) If any amendment is made in the statute of the Trade Union, the concerned ♣ Trade Union shall inform the Registrar with a copy of such amendment within 35 days after such amendment has been made and approval of such
amendment have to taken from the Registrar.
11. Recognition of the Authorized Trade Union:
(1) The Authorized Trade Union shall be recognized for the collective bargaining with the management on behalf of
the workers of authorized enterprise level Trade Union.
(1a) where only one Trade Union is registered in any Enterprise, the Trade Union registered earlier shall be recognized as the Authorized Trade Union if another Trade Union is not registered within three months from the date of such
registration.
(1b) In reckoning the time period of three months as referred to Sub- section (1a), it shall be reckoned from the date of commencement of this Act.
(2) The Authorized Trade Union recognized pursuant to Sub-section (1) shall inform to the Registrar and the Manager within fifteen days after such recognition has been extended.
(3) The Registrar shall provide the certificate of Authorised Trade Union as prescribed within 15 days from the date of receipt of notice pursuant to Sub- section (2).
? (4) The procedures relating to the election of the Authorised Trade
Union shall be as prescribed.
12. Presentation of Claim:
(1) Notwithstanding anything contained in Section 74 (1) in the Labour Act, 2048 (1991), the working committee of the Authorised Trade Union on behalf of the workers may present claims in written form with the number
and names of its representative to the management for collective bargaining.
(2) The Authorised Trade Union shall not go on strike in Enterprise or do such action that may assist it in any manner without completing the procedure mentioned in Section 76 of the Labour Act, 2048 (1991).
13. Duration of Validity of the Recognition of the Authorized Trade Union: The duration to bargain collectively on behalf of the workers of the authorised Trade Union recognized pursuant in Section 11 with the management shall remain valid for two years from the date of issue of the certificate by the Registrar pursuant to Sub-section (3) of the same Section.
Provided that in cases where the registration of such Authorized Trade Union is cancelled or such Trade Union is dissolved, the election for another Authorized Trade Union shall be conducted within three months from the date of
such cancellation or dissolution