(1) In order to register the trade union of national level civil servants formed according to clause (a) of subsection (2) of section 53 of the Act, the officials appointed by the working committee shall sign the central officials and members and attach the bylaws and attach Schedule-17C. An application should be submitted to the Department of Labor and Employment Promotion in the following format.
(2) In accordance with sub-rule (1), the application for registering a trade union and the legislation must be accompanied by the statement that at least twenty district working committees of the trade union have been formed and the signatures of at least five thousand members certified by the relevant body of the civil servants who have received the membership of the trade union.
(3) In relation to the application made under sub-rules (1) and (2) by publishing a notice of fifteen days for opposing the claim, if there is an opposition to the claim, to check the matter and check whether the procedure for registration has been reached or not, to register within fifteen days of the expiry of the deadline for opposing the claim and issue a certificate of the same. will fall.
(4) Under the central working committee of the trade union at the national level, a departmental working committee at the central level and a district working committee at the district level may be formed.
(5) A departmental level working committee of trade union of national level civil servants may be formed in each ministry/secretariat/commission or department and central level office.
(6) A district level working committee of trade unions of national level civil servants may be formed in each district.
(7) ………………… but national level recognized trade union is not required to be registered as per this sub-rule to remain active at the district level.
(8) No civil servant shall be a member of more than one trade union at a time (9) If a civil servant who is a member of the trade union becomes the head of the office, his membership of the trade union will automatically cease and he will not have voting rights in the trade union.
(10) Trade unions registered under sub-rule (3) shall be renewed every four years and upon renewal sub-rule (2)Must have fulfilled the condition. But for the official trade union to receive more than ten percent of the total votes cast in the immediately preceding election, the condition mentioned for renewing the trade union does not have to be fulfilled.
(10A) According to sub-rule (10), departmental and district level trade unions of national level civil servants trade unions which have not been renewed cannot be formed.
(11) The following items should be included in the constitution of the trade union:-(a) Name and address of the trade union,
(b) the purpose of establishing a trade union,
(c) Method of formation of working committee and working period (maximum four years),
(d) General membership, number of officers and their election process,
(e) Provisions relating to funds of trade unions and their audit (f) The provision that motion of no confidence can be brought against the office bearers,
(g) Provisions relating to work, duties, powers and meetings of the National Convention and Working Committee of Trade Unions (h) Procedure for amendment of constitution of trade union,
(j) Provisions relating to dissolution of trade union and provisions relating to its assets and liabilities in case of such dissolution,
(j) Arrangements for representation in the official trade union and recall.
(11a) For representation in the official trade union, ten percent of the total votes cast at the central level and departmental/district level should be obtained.
(12) The provisions regarding the election of the official trade union shall be as follows:-
(a) The election of the official trade union at the central level will be held from among the trade unions at the national level and the election of the official trade union at the departmental/district level will be held from among the recognized trade unions at the respective departmental/district level.
(b) Based on the votes received in the election of the official trade union, the relevant trade unions will select the officers and members and send them.
(c) The form of the official trade union shall be as follows:-
(1) In official trade union at central level the followingOfficers and members will be:-
(a) Chairman – 1
(b) Vice President – ​​1
(c) Secretary General – 1
(d) Secretary – 1
(e) Treasurer – 1
(f) Members – 16
(2) The official trade union at the departmental/district level will have the following officers and members:-
(a) Chairman – 1
(b) Vice President – ​​1
(c) Secretary – 1
(d) Joint Secretary – 1
(e) Treasurer – 1
(f) Members – 6
(d) The formation process of the official trade union at the central level will be as follows:-
(1) The appointment of trade union officers from national level trade unions will be made as follows:-
(a) Those who get the first vote – President and Treasurer (b) Second vote getter – General Secretary
(c) Third vote getter – Vice President
(d) 4th vote getter – Secretary
(2) The number of members of the official trade union from among the national level trade unions will be based on the percentage of votes received by considering the total number of members as 16 to 100. But in the event that four trade unions are not elected in the election of the official trade union, they will receive additional positions as follows:-
(a) Since only two trade unions are elected, the one who gets the first vote will get the position of vice-president and the one who gets the second vote will get the position of secretary.
(b) As only three trade unions are elected, the person who gets the first vote will be the vice president.
(e) The formation process of departmental/district level official trade union will be as follows:-
(1) Based on the percentage of votes cast at the relevant department level and district level in the election of the official trade union, the order of officials of the official trade union at the department/district level will be as follows:-
(a) First Voters – Chairman and Treasurer
(b) Second vote getter – Vice President
(c) Third vote holder – Secretary
(d) The person who gets the fourth vote – Joint Secretary
(2) The distribution of members will be based on the percentage of votes received by taking the total number of members as 6 to 100. But four trade unions in the election of the official trade unionIf they are not elected, they will get additional positions as follows:-
(a) Since only two trade unions are elected, the one who gets the first vote will get the post of Secretary and the one who gets the second vote will get the post of Joint Secretary.
(b) Joint secretary post by the first vote getter for only three trade unions being elected (f) The term of office of the official trade union shall be four years from the date of election (g) The date and time of the official trade union election will be determined for the first time by the Department of Labor and Employment Promotion in the case of the central level and the relevant labor office in the case of the departmental/district level. The date of the election to be held after that will be determined by mutual consent of the relevant official trade union and the Department of Labor and Employment Promotion or the relevant labor office.
(h) The entire process related to the election of the official trade union will be as mentioned in the regulations related to the election of the official trade union.
(i) Official trade union statutes, election related regulations and fund management guidelines will be issued by the Department of Labor and Employment Promotion in consultation with national level trade unions formed in accordance with sub-rules (1), (2) and (3).
(13) The fund arrangement of the official trade union shall be as follows:-
(1) There shall be a fund in the name of the official trade union (2) The fund will have the following amount:-
(a) The amount determined by the official trade union out of the amount of membership fee received from the members of the active trade union in the official trade union, b) The amount received from the Government of Nepal,
(c) Funds received from various associations and individuals,
(d) the amount earned or increased by the operation and management of the fund,
(e) Amount received from other sources.
(3) The disposal and utilization of the funds accumulated in the fund of the official trade union shall be as determined by the official trade union.
(14) The official trade union formed in accordance with sub-rule (12) shall ensure the security of service of civil servants, timely facilities, professional development, security of livelihood of employees, professional security of employees etc.Employees will be allowed to engage in social dialogue and collective bargaining as follows only in matters related to employee rights and interests:-
(a) Demands related to various agencies at the local district level or below can be submitted to the relevant agency. In relation to the demands presented in this way, efforts should be made to find a solution to the problem through mutual discussion at the local level. If the problem cannot be solved in this way, it should be submitted in writing to the district administration office as a demand. It will be the duty of the chief district officer to discuss the problem presented in this way and try to solve it within twenty one days. If the problem cannot be solved accordingly, it should be sent to the Ministry of General Administration along with the details.
(b) Demands related to ministries, departments, constitutional bodies, commissions shall be submitted in writing to the relevant bodies and after discussing the demands presented in this way, the ministries, constitutional bodies, commissions themselves decide to fulfill the reasonable demands within twenty one days and other In the case of issues that need to be submitted to the agency, the trade union should be informed about it by sending it to the relevant agency, and the agency should also find a solution within twenty one days through the process of social dialogue and collective bargaining. If the problem cannot be solved accordingly, it should be sent to the Ministry of General Administration along with the details.
(c) The central level official trade union can submit demands in writing to the Ministry of General Administration on matters related to the rights and interests of civil servants. It will be the duty of both the Ministry of General Administration and the official trade union to find a solution to the dispute in relation to the issues presented in this way. If the Ministry of General Administration does not show readiness to find a solution to the dispute or if the solution to the dispute cannot be found within twenty one days, the official union will take the matter to the employees for discussion. If a total of 60 percent of the official union's central, departmental and district working committees support the said demands, the support will be attached and submitted to the Ministry of General Administration.will be submitted. In this way, if the dispute is not resolved by mutual agreement within twenty one days after the submission of the demands, it will be sent to the Ministry of Labor and Transport for resolution.
(d) The Ministry of Labor and Transport Management shall try to resolve the dispute within twenty-one days by negotiating between the two parties regarding the matters submitted under clause (c).
(e) If the dispute cannot be resolved in accordance with clause (d), if the employee wants to conduct a protest program, the official trade union must submit a notice with its demand and justification to the Ministry of General Administration thirty days in advance, passed by sixty percent of the members affiliated to the trade union at the center, department and district level. After giving the proposal and related written notification to the Ministry of Labor and Transport, the Ministry of Home Affairs and the Department of Labor and Employment Promotion, using forms of collective bargaining such as building black bars, boycotting work, peaceful demonstrations and peaceful strikes. can do But,
(1) Acts such as coercion against someone's will, extortion, indecent presentation, vandalism of public property, locking of offices, chakkajam and Nepal Banda are not permitted.
(2) Places designated by the Government of Nepal by publication of notices in the gazette, under special circumstances where strikes are prohibited, and the operation of essential services cannot be obstructed or striked.
(f) The Government of Nepal will try to fulfill the economic demands presented by the official trade union in accordance with this sub-rule considering the economic condition and capacity of the country and the decision of the Government of Nepal (Council of Ministers) in this regard will be final.
(g) Regardless of what is written in this bye-law, it is not allowed to disrupt the work of other offices and strike due to the problems of one office.
(15) It is not allowed to conduct protest programs in accordance with clause (e) of sub-rule (14) while the process under clause (a), (b), (c) and (d) of sub-rule (14) is underway and before that. > (16) According to Clause (d) of sub-rule (14), both parties shall be represented in equal numbers when negotiating for collective bargaining.
(17) Notwithstanding anything written in sub-rule (14), the following demands or claims shall not be presented:-
(a) being contrary to the Constitution,
(b) Prejudicing anyone's interest on the basis of unproven or baseless allegations,
(c) matters affecting the personal conduct of an employee,
(d) Matters not related to civil servants, if there is a dispute as to whether a matter is related to civil servants or not according to this section, the decision of the Attorney General shall be final.
(e) social dialogue and collective bargaining not having elapsed for two years.
(18) According to this rule, the agreement made to settle the dispute shall be registered in the Ministry of Labor and Transport. If the date of implementation is mentioned in the agreement registered according to this, it will be implemented from the same date and if no date is mentioned, it will be implemented from the date of registration in the Ministry of Labor and Transport. It will be the duty of both parties to comply with the conditions mentioned in the contract.
(19) If any dispute arises regarding the implementation of the agreement, it will be resolved through mutual discussion. If the solution cannot be resolved even through discussion, an application can be made to the labor court for the implementation of the agreement. The decision of the Labor Court will be final.