Industrial / Labour DisputesIndustrial / Labour Disputes

In Industrial Relations In Industrial Relations “dispute” indicates “dispute” indicates differences between Workers differences between Workers and the Management over and the Management over the issues related to their the issues related to their rights and interests.rights and interests.

Industrial / Labour disputesIndustrial / Labour disputes Causes & Issues of disputesCauses & Issues of disputes

– Wages / SalaryWages / Salary– BonusBonus– Staff RetrenchmentStaff Retrenchment– Union RecognitionUnion Recognition– LeaveLeave– Working hoursWorking hours– IndisciplineIndiscipline– Working standardWorking standard– Working conditionsWorking conditions

Dispute Settlement ProcessDispute Settlement Process

E m p loyers D IS P U TE S W orke rs

M u tu a lly S e tt le

S trikes / L ock ou ts G overn m en t A rb itra tion

L ab ou r C ou rtTrib u n a ls

F a ils o t S ett le S u cceed s(S ettlem en t)

C on c ilia tion O fficer

F a il to S e tt le

In d u s try

Dispute settlement ProcessDispute settlement Process(General)(General)

Filing Complaint to the EmployerFiling Complaint to the Employer Bilateral DiscussionBilateral Discussion Involvement of Labour OfficeInvolvement of Labour Office Strikes / Lock outStrikes / Lock out Mediator / ArbitratorMediator / Arbitrator Right to AppealRight to Appeal

Provisions in Labour Act (Nepal)Provisions in Labour Act (Nepal)Individual dispute settlementIndividual dispute settlement -Set claim individually or collectively in written before -Set claim individually or collectively in written before

ManagementManagement- - Management has to give decision within 15 daysManagement has to give decision within 15 days- - If not -satisfied with the management's verdict, the If not -satisfied with the management's verdict, the

employee may submit a complaint in the Labour Officeemployee may submit a complaint in the Labour Office- - Labour Office may call both the parties within 15 days Labour Office may call both the parties within 15 days

of such complaints and resole the problemof such complaints and resole the problem- - If the problem is not solved the Labour Office may If the problem is not solved the Labour Office may

make a decision within 7 days which shall be make a decision within 7 days which shall be applicable to everyoneapplicable to everyone

-  -  Party not accepting the verdict of the Labour Office Party not accepting the verdict of the Labour Office may got to the Labour Court within 35 day of such may got to the Labour Court within 35 day of such decisionsdecisions

Provision in Labour Act (Nepal)Provision in Labour Act (Nepal)Collective Dispute SettlementCollective Dispute Settlement Signature of 51%Signature of 51% Once in two years timeOnce in two years time management should call the parties and solve the management should call the parties and solve the

dispute within 21 daysdispute within 21 days if the problem is not solved the Labour Office has to if the problem is not solved the Labour Office has to

solve it within 15 dayssolve it within 15 days then also if the problem is not solved a Mediator may then also if the problem is not solved a Mediator may

be appointed or Tribunal is formed with the equal be appointed or Tribunal is formed with the equal representation of Management, Labour and Labour representation of Management, Labour and Labour OfficeOffice

the mediators or tribunal have to settle the claim within the mediators or tribunal have to settle the claim within 15days15days

the parties not liking the decision may set a claim in the parties not liking the decision may set a claim in Labour Office within 35-days of such decisionLabour Office within 35-days of such decision

if any agreement the decision is not reached then if any agreement the decision is not reached then workers may go on strike.workers may go on strike.

Some Major industrial Disputes Some Major industrial Disputes in Nepalin Nepal

Biratnagar Jute MillsBiratnagar Jute Mills Soaltee HotelSoaltee Hotel Balaju Textile IndustryBalaju Textile Industry Hetauda Textile Hetauda Textile

IndustryIndustry Himal Cement FactoryHimal Cement Factory Colgate PalmoliveColgate Palmolive Yak & Yeti HotelYak & Yeti Hotel Nepal BatteryNepal Battery

•Nepal Liver LimitedNepal Liver Limited•Shanti Banaspati Shanti Banaspati GheeGhee•Momento ApparelsMomento Apparels•Surya NepalSurya Nepal•Hulas SteelsHulas Steels•Bottlers NepalBottlers Nepal•Dabur NepalDabur Nepal•Birgunj Sugar MillBirgunj Sugar Mill