Section 117A
Trade Union Of Civil Employees
(1) In order to obtain registration of a national level trade union of civil employees to be formed pursuant to Clause (a) of Sub-section (2) of Section 53 of the Act, the office- bearer designated by the executive committee shall make an application in the form as set forth in Schedule-17C., accompanied by the statute, signed by the central office-bearers and members, to the Department of Labor and Employment Promotion.
(2) The application and statute to be made and submitted for the registration of the trade union pursuant to Sub-rule (1) shall be accompanied by the details of the formation at least Twenty district executive committees of the trade union and signature of at least Five Thousand members certified by the concerned body of the civil employees who have obtained the membership of the trade union.
(3) A Fifteen-day notice shall be published for claim and objection in relation to the application made pursuant to Sub-rules (1) and (2), and examination of the claim and objection, if any made, shall be carried out and registration shall be made and certificate thereof issued within Fifteen days after the expiration of the time-limit for making claim and objection, also examining whether the requirements for registration have been met.
(4) There may be formed a departmental level executive committee at the center and district level district executive committee under the central executive committee of the trade union at the national level.
(5) A departmental level executive committee may be formed in each Ministry, secretariat, Commission or Department and in a central level office. For the formation of such a departmental level executive committee, Twenty percent of the total civil employees who are serving in the said departmental level office and eligible to be associated with the trade union shall have obtained membership.
(6) For the formation of such a district level executive committee in each district, Twenty percent of the total civil employees who are serving in district, zonal or regional level offices situated in that district and eligible to be associated with the trade union shall have obtained membership.
(7) In order to obtain registration of the trade unions as referred to in Sub-rules (5) and (6), an application, accompanied by the signature of the employees who are associated with the trade unions, has to be made to the concerned Labour Office. If an application is so made, registration shall be made by fulfilling the procedures as referred to in Sub-rule (3).
Provided that, registration is not required pursuant to this Sub- rule for a national level recognized trade union to remain active at the district level.
(8) No civil employee shall be a member of more than one trade union at the same time.
(9) If a civil employee who is a member of a trade union becomes the Chief of Office, his or her membership of the trade union shall ipso facto be ineffective, and he or she shall have no right to vote in the trade union.
(10) The trade union registered pursuant to Sub-rules (3) and
(7) shall be renewed in every Four years, and in making renewal, the terms set forth in Sub-rules (2), (5) and (6) have also to be fulfilled.
Provided that, the said terms are not required to be fulfilled in order to obtain the renewal of a trade union that has secured more than Twenty percent votes in the election held immediate previously for the formal trade union.
(11) The statute of a trade union shall include the following matters:
(a) Name and address of the trade union,
(b) Objectives for the establishment of the trade union,
(c) Mode of formation and term of the executive committee (not more than Four years),
(d) Ordinary membership, number of office-bearers and procedure of their election,
(e) Provision relating to the fund of the trade union and its audit,
(f) Provision that a vote of no-confidence may be moved against office-bearers,
(g) Provision relating to the national convention of the trade union, functions, duties and powers of, and meetings of, the executive committee,
(h) Procedures for the amendment of the statute of the trade union,
(i) Provision relating to the dissolution of the trade union, and provision relating to its assets and liabilities in the event of such dissolution,
(j) Provision relating to representation in, recalling from, the formal trade union.
(12) Provisions relating to the election of the formal trade union shall be as follows:
(a) A central level formal trade union shall be elected from amongst the national level trade unions and a departmental/district level formal trade union shall be elected from amongst the concerned departmental/district level recognized trade unions.
(b) On the basis of votes secured in the election of formal trade union, the concerned trade unions shall select the office-bearers and members.
(c) The form/structure of formal trade union shall be as follows:
(1) A central level formal trade union shall consist of the following office-bearers and members:
(a) Chairperson -1
(b) Vice-chairperson -1
(c) General Secretary -1
(d) Secretary -1
(e) Treasurer -1
(f) Members -16
(2) A departmental/district level formal trade(d) The process of formation of a central level formal trade union shall be as follows:
(1) The distribution of office-bearers of the trade union from amongst the national level trade unions shall be made as follows:
(a) Who secures the first -Chairperson vote and Treasurer
(b) Who secures the -General second vote Secretary
(c) Who secures the third
-Vice-
vote chairperson
(d) Who secures the
fourth vote -Secretary
(2) The distribution of the members of the formal trade union from amongst the national level trade unions shall be made on the basis of the percent of votes secured, considering the total number of Sixteen members as Hundred.
Provided that, where Four trade unions are not elected in the election of the formal trade union, additional posts as follows shall be obtained in making distribution of posts:
(a) Where only Two trade unions are elected, one who secures the first vote shall get the post of Vice-chairperson and who secures the second vote shall get the post of secretary.
(b) Where only Three trade unions are elected, one who secures the first vote shall get the post of Vice-chairperson.
(e) The process of formation of a departmental/district level formal trade union shall be as follows:
(1) The distribution of office-bearers of the departmental/district level formal trade union shall be made as follows, on the basis of the percentage of votes cast at the concerned departmental level and the district level in the election to the formal trade union:
(a) Who secures the first -Chairperson vote and Treasurer
(b) Who secures the second -Vice-
vote chairperson
(c) Who secures the third
vote - Secretary
(d) Who secures the fourth -Joint vote Secretary(2) The distribution of members shall be made on the basis of the percent of votes secured, considering the total number of Six members as Hundred.
Provided that, where Four trade unions are not elected in the election of the formal trade union, additional posts as
follows shall be obtained in making distribution of posts:
(a) Where only Two trade unions are elected, one who secures the first vote shall get the post of secretary and who secures the second vote shall get the post of Joint Secretary.
(b) Where only Three trade unions are elected, one who secures the first vote shall get the post of Secretary.
(f) The term of the formal trade union shall be Four years from the date of election.
(g) In the case of the first election, the Department of Labor and Employment Promotion shall specify the date and time of election to the formal trade union, in the case of the central level, and the concerned Labor Office shall so specify in the case of the departmental/district level. The date of the subsequent election shall be settled with mutual consent of the concerned formal trade union and the Department of Labor and Employment Promotion or concerned Labor Office.
(h) All procedures relating to the election of the formal trade union shall be as set forth in the bye-laws on the election of the formal trade union.
(i) The Department of Labor and Employment Promotion shall, in consultation with the national
level trade unions formed pursuant to Sub-rules (1), (2) and (3), issue the statute of the formal trade union, bye-laws on election and fund operation manual.
(13) The provision of the formal trade union fund shall be as follows:
(1) There shall be a fund in the name of the formal trade union.
(2) The fund shall consist of the following amounts:
(a) Such amounts for the membership fees as received from the members of the trade union active in the formal trade union as specified by the formal trade union,
(b) Amounts received from the Government of Nepal,
(c) Amounts received from various organizations and persons,
(d) Amounts earned or enhanced from the operation and management of the fund,
(e) Amounts received from other sources.
(3) The distribution and use of the amounts credited to the formal trade union fund shall be as determined by the formal trade union.
(14) The formal trade union formed pursuant to Sub-rule (12) shall be entitled to make social dialogue and collective bargaining as
follows on the matters related with the rights and interests of employees such as security of service of civil employees, timely facilities, career development, security of body of employees and processional security of employees:
(a) It may present the demands related with various bodies at the local district level or below than that with the concerned body. Efforts shall be made to resolve the problems by holding mutual discussions at the local level in relation to the demands so presented. If the resolution of problems cannot be made in such manner, the demands shall be submitted in writing to the District Administration Office. It shall be the duty of the Chief District Officer to make efforts to resolve the problems by holding discussions on the problems so submitted within Twenty One days. If problems cannot be so resolved, such problems, accompanied by their details, shall be forwarded to the Ministry of General Administration.
(b) Demands related with a Ministry, Department, Constitutional Body, Commission shall be presented with the concerned body, and the Ministry, Department, Constitutional Body, Commission shall fulfill the legitimate demands than can be fulfilled by its decision upon holding discussions on the demands so presented within Twenty One days and, in the case of the matters that are required to be submitted to another body, shall forward them to the concerned body and give information thereof to the trade union, and the
respective bodies shall also seek solution within Twenty One days through the process of social dialogue and collective bargaining. If the problems cannot be so resolved, such problems, accompanied by their details, shall be forwarded to the Ministry of General Administration.
(c) The central level formal trade union may present demands in writing, on the matters related with the rights and interests of civil employees, with the Ministry of General Administration. It shall be the duty of both the Ministry of General Administration and the formal trade union by holding discussions between them. If the Ministry of General Administration does not show readiness to seek settlement of dispute or settlement of dispute cannot be made within Twenty One days, the formal trade union shall take this matter to the employees fro discussion. If a total of Sixty percent of executive committee of the formal trade union at the central, departmental and district levels express support to the demands, the demands, along with the support, shall be again submitted to the Ministry of General Administration. If the dispute cannot be settled by mutual consent within Twenty One days after the submission of such demands, the matter shall be forwarded to the Ministry of Labor and Transport Management.
(d) The Ministry of Labor and Transport Management shall make effort to resolve the dispute within Twenty One days by holding negotiations between
both parties on the matters submitted pursuant to Clause (c).
(e) If the dispute cannot be resolved pursuant to Clause (d) and the employees wish to launch a protest programme, the formal trade union shall give a notice containing its demands, claims and rationale for the same, a resolution adopted by Sixty percent votes of the members affiliated with the central, departmental and district level trade unions and a notice in writing to the Ministry of General Administration in advance of Thirty days, and give information thereof to the Ministry of Labor and Transport Management, Ministry of Home Affairs and Department of Labor and Employment Promotion, and may exercise the forms of collective bargaining like propagation, putting on back strap, pen down, peaceful demonstration and peaceful strike.
Provided that,
(1) Activities such as extortion against one's will, coercion, making presentation in a vulgar manner, damaging public properties, locking out offices, closure of vehicles and Nepal Bandh are not allowed.
(2) It is not allowed to make obstruction in such place, in such circumstance and in the operation of such essential service as specified, strike is
prohibited in consideration of special circumstance and as specified by the Government of Nepal by publishing a notice in the Gazette.
(f) The Government of Nepal shall make efforts to fulfill the financial demands presented by the formal trade union pursuant to this Sub-rule, taking into account the economic condition and capacity of the country, and the decision of the Government of Nepal (Council of Ministries) shall be final in this respect.
(g) Notwithstanding anything contained in this Sub- rule, making hindrance in the business of another office and strike in relation to the problems of any one office is not allowed.
(15) Where the processes as referred to in Clauses (a), (b), (c) and (d) of Sub-rule (14) are going on and prior thereto, protest programmes as referred to in Clause (e) of Sub-rule (14) are not allowed.
(16) In holding negotiations for collective bargaining pursuant to Clause (d) of Sub-rule (14), representation of both parties shall be had in the equal number.
(17) Notwithstanding anything contained in Sub-rule (14), the claims or demands as follows shall not be made:
(a) Contrary to the Constitution,
(b) Contrary to any one's interest on the basis of unproved or baseless charge,
(c) Matter affecting the personal conduct of any employees,
(d) Matter not related with civil employees, and if there is a dispute as to whether any matter is related with civil employees pursuant to this Clause or not, decision of the Attorney General shall be final.
(e) Without expiration of Two years after the holding of social dialogue and collective bargaining.
(18) An agreement made to settle disputes pursuant to this Rule shall be registered with the Ministry of Labor and Transport Management. The agreement so registered shall come into force on the date, if such date is mentioned in the agreement, and on the date of its registration with the Ministry of Labor and Transport Management if such date is not mentioned in the agreement. It shall be the duty of both parties to observe the terms set forth in the agreement.
(19) If there arises any dispute in relation to the implementation of the agreement, the dispute shall be settled through mutual discussions. If the dispute cannot be settled through discussions, an application may be made to the Labor Count for the implementation of the agreement. The decision of the Labor Court on that matter shall be final.
(2) The application and statute to be made and submitted for the registration of the trade union pursuant to Sub-rule (1) shall be accompanied by the details of the formation at least Twenty district executive committees of the trade union and signature of at least Five Thousand members certified by the concerned body of the civil employees who have obtained the membership of the trade union.
(3) A Fifteen-day notice shall be published for claim and objection in relation to the application made pursuant to Sub-rules (1) and (2), and examination of the claim and objection, if any made, shall be carried out and registration shall be made and certificate thereof issued within Fifteen days after the expiration of the time-limit for making claim and objection, also examining whether the requirements for registration have been met.
(4) There may be formed a departmental level executive committee at the center and district level district executive committee under the central executive committee of the trade union at the national level.
(5) A departmental level executive committee may be formed in each Ministry, secretariat, Commission or Department and in a central level office. For the formation of such a departmental level executive committee, Twenty percent of the total civil employees who are serving in the said departmental level office and eligible to be associated with the trade union shall have obtained membership.
(6) For the formation of such a district level executive committee in each district, Twenty percent of the total civil employees who are serving in district, zonal or regional level offices situated in that district and eligible to be associated with the trade union shall have obtained membership.
(7) In order to obtain registration of the trade unions as referred to in Sub-rules (5) and (6), an application, accompanied by the signature of the employees who are associated with the trade unions, has to be made to the concerned Labour Office. If an application is so made, registration shall be made by fulfilling the procedures as referred to in Sub-rule (3).
Provided that, registration is not required pursuant to this Sub- rule for a national level recognized trade union to remain active at the district level.
(8) No civil employee shall be a member of more than one trade union at the same time.
(9) If a civil employee who is a member of a trade union becomes the Chief of Office, his or her membership of the trade union shall ipso facto be ineffective, and he or she shall have no right to vote in the trade union.
(10) The trade union registered pursuant to Sub-rules (3) and
(7) shall be renewed in every Four years, and in making renewal, the terms set forth in Sub-rules (2), (5) and (6) have also to be fulfilled.
Provided that, the said terms are not required to be fulfilled in order to obtain the renewal of a trade union that has secured more than Twenty percent votes in the election held immediate previously for the formal trade union.
(11) The statute of a trade union shall include the following matters:
(a) Name and address of the trade union,
(b) Objectives for the establishment of the trade union,
(c) Mode of formation and term of the executive committee (not more than Four years),
(d) Ordinary membership, number of office-bearers and procedure of their election,
(e) Provision relating to the fund of the trade union and its audit,
(f) Provision that a vote of no-confidence may be moved against office-bearers,
(g) Provision relating to the national convention of the trade union, functions, duties and powers of, and meetings of, the executive committee,
(h) Procedures for the amendment of the statute of the trade union,
(i) Provision relating to the dissolution of the trade union, and provision relating to its assets and liabilities in the event of such dissolution,
(j) Provision relating to representation in, recalling from, the formal trade union.
(12) Provisions relating to the election of the formal trade union shall be as follows:
(a) A central level formal trade union shall be elected from amongst the national level trade unions and a departmental/district level formal trade union shall be elected from amongst the concerned departmental/district level recognized trade unions.
(b) On the basis of votes secured in the election of formal trade union, the concerned trade unions shall select the office-bearers and members.
(c) The form/structure of formal trade union shall be as follows:
(1) A central level formal trade union shall consist of the following office-bearers and members:
(a) Chairperson -1
(b) Vice-chairperson -1
(c) General Secretary -1
(d) Secretary -1
(e) Treasurer -1
(f) Members -16
(2) A departmental/district level formal trade(d) The process of formation of a central level formal trade union shall be as follows:
(1) The distribution of office-bearers of the trade union from amongst the national level trade unions shall be made as follows:
(a) Who secures the first -Chairperson vote and Treasurer
(b) Who secures the -General second vote Secretary
(c) Who secures the third
-Vice-
vote chairperson
(d) Who secures the
fourth vote -Secretary
(2) The distribution of the members of the formal trade union from amongst the national level trade unions shall be made on the basis of the percent of votes secured, considering the total number of Sixteen members as Hundred.
Provided that, where Four trade unions are not elected in the election of the formal trade union, additional posts as follows shall be obtained in making distribution of posts:
(a) Where only Two trade unions are elected, one who secures the first vote shall get the post of Vice-chairperson and who secures the second vote shall get the post of secretary.
(b) Where only Three trade unions are elected, one who secures the first vote shall get the post of Vice-chairperson.
(e) The process of formation of a departmental/district level formal trade union shall be as follows:
(1) The distribution of office-bearers of the departmental/district level formal trade union shall be made as follows, on the basis of the percentage of votes cast at the concerned departmental level and the district level in the election to the formal trade union:
(a) Who secures the first -Chairperson vote and Treasurer
(b) Who secures the second -Vice-
vote chairperson
(c) Who secures the third
vote - Secretary
(d) Who secures the fourth -Joint vote Secretary(2) The distribution of members shall be made on the basis of the percent of votes secured, considering the total number of Six members as Hundred.
Provided that, where Four trade unions are not elected in the election of the formal trade union, additional posts as
follows shall be obtained in making distribution of posts:
(a) Where only Two trade unions are elected, one who secures the first vote shall get the post of secretary and who secures the second vote shall get the post of Joint Secretary.
(b) Where only Three trade unions are elected, one who secures the first vote shall get the post of Secretary.
(f) The term of the formal trade union shall be Four years from the date of election.
(g) In the case of the first election, the Department of Labor and Employment Promotion shall specify the date and time of election to the formal trade union, in the case of the central level, and the concerned Labor Office shall so specify in the case of the departmental/district level. The date of the subsequent election shall be settled with mutual consent of the concerned formal trade union and the Department of Labor and Employment Promotion or concerned Labor Office.
(h) All procedures relating to the election of the formal trade union shall be as set forth in the bye-laws on the election of the formal trade union.
(i) The Department of Labor and Employment Promotion shall, in consultation with the national
level trade unions formed pursuant to Sub-rules (1), (2) and (3), issue the statute of the formal trade union, bye-laws on election and fund operation manual.
(13) The provision of the formal trade union fund shall be as follows:
(1) There shall be a fund in the name of the formal trade union.
(2) The fund shall consist of the following amounts:
(a) Such amounts for the membership fees as received from the members of the trade union active in the formal trade union as specified by the formal trade union,
(b) Amounts received from the Government of Nepal,
(c) Amounts received from various organizations and persons,
(d) Amounts earned or enhanced from the operation and management of the fund,
(e) Amounts received from other sources.
(3) The distribution and use of the amounts credited to the formal trade union fund shall be as determined by the formal trade union.
(14) The formal trade union formed pursuant to Sub-rule (12) shall be entitled to make social dialogue and collective bargaining as
follows on the matters related with the rights and interests of employees such as security of service of civil employees, timely facilities, career development, security of body of employees and processional security of employees:
(a) It may present the demands related with various bodies at the local district level or below than that with the concerned body. Efforts shall be made to resolve the problems by holding mutual discussions at the local level in relation to the demands so presented. If the resolution of problems cannot be made in such manner, the demands shall be submitted in writing to the District Administration Office. It shall be the duty of the Chief District Officer to make efforts to resolve the problems by holding discussions on the problems so submitted within Twenty One days. If problems cannot be so resolved, such problems, accompanied by their details, shall be forwarded to the Ministry of General Administration.
(b) Demands related with a Ministry, Department, Constitutional Body, Commission shall be presented with the concerned body, and the Ministry, Department, Constitutional Body, Commission shall fulfill the legitimate demands than can be fulfilled by its decision upon holding discussions on the demands so presented within Twenty One days and, in the case of the matters that are required to be submitted to another body, shall forward them to the concerned body and give information thereof to the trade union, and the
respective bodies shall also seek solution within Twenty One days through the process of social dialogue and collective bargaining. If the problems cannot be so resolved, such problems, accompanied by their details, shall be forwarded to the Ministry of General Administration.
(c) The central level formal trade union may present demands in writing, on the matters related with the rights and interests of civil employees, with the Ministry of General Administration. It shall be the duty of both the Ministry of General Administration and the formal trade union by holding discussions between them. If the Ministry of General Administration does not show readiness to seek settlement of dispute or settlement of dispute cannot be made within Twenty One days, the formal trade union shall take this matter to the employees fro discussion. If a total of Sixty percent of executive committee of the formal trade union at the central, departmental and district levels express support to the demands, the demands, along with the support, shall be again submitted to the Ministry of General Administration. If the dispute cannot be settled by mutual consent within Twenty One days after the submission of such demands, the matter shall be forwarded to the Ministry of Labor and Transport Management.
(d) The Ministry of Labor and Transport Management shall make effort to resolve the dispute within Twenty One days by holding negotiations between
both parties on the matters submitted pursuant to Clause (c).
(e) If the dispute cannot be resolved pursuant to Clause (d) and the employees wish to launch a protest programme, the formal trade union shall give a notice containing its demands, claims and rationale for the same, a resolution adopted by Sixty percent votes of the members affiliated with the central, departmental and district level trade unions and a notice in writing to the Ministry of General Administration in advance of Thirty days, and give information thereof to the Ministry of Labor and Transport Management, Ministry of Home Affairs and Department of Labor and Employment Promotion, and may exercise the forms of collective bargaining like propagation, putting on back strap, pen down, peaceful demonstration and peaceful strike.
Provided that,
(1) Activities such as extortion against one's will, coercion, making presentation in a vulgar manner, damaging public properties, locking out offices, closure of vehicles and Nepal Bandh are not allowed.
(2) It is not allowed to make obstruction in such place, in such circumstance and in the operation of such essential service as specified, strike is
prohibited in consideration of special circumstance and as specified by the Government of Nepal by publishing a notice in the Gazette.
(f) The Government of Nepal shall make efforts to fulfill the financial demands presented by the formal trade union pursuant to this Sub-rule, taking into account the economic condition and capacity of the country, and the decision of the Government of Nepal (Council of Ministries) shall be final in this respect.
(g) Notwithstanding anything contained in this Sub- rule, making hindrance in the business of another office and strike in relation to the problems of any one office is not allowed.
(15) Where the processes as referred to in Clauses (a), (b), (c) and (d) of Sub-rule (14) are going on and prior thereto, protest programmes as referred to in Clause (e) of Sub-rule (14) are not allowed.
(16) In holding negotiations for collective bargaining pursuant to Clause (d) of Sub-rule (14), representation of both parties shall be had in the equal number.
(17) Notwithstanding anything contained in Sub-rule (14), the claims or demands as follows shall not be made:
(a) Contrary to the Constitution,
(b) Contrary to any one's interest on the basis of unproved or baseless charge,
(c) Matter affecting the personal conduct of any employees,
(d) Matter not related with civil employees, and if there is a dispute as to whether any matter is related with civil employees pursuant to this Clause or not, decision of the Attorney General shall be final.
(e) Without expiration of Two years after the holding of social dialogue and collective bargaining.
(18) An agreement made to settle disputes pursuant to this Rule shall be registered with the Ministry of Labor and Transport Management. The agreement so registered shall come into force on the date, if such date is mentioned in the agreement, and on the date of its registration with the Ministry of Labor and Transport Management if such date is not mentioned in the agreement. It shall be the duty of both parties to observe the terms set forth in the agreement.
(19) If there arises any dispute in relation to the implementation of the agreement, the dispute shall be settled through mutual discussions. If the dispute cannot be settled through discussions, an application may be made to the Labor Count for the implementation of the agreement. The decision of the Labor Court on that matter shall be final.