Texts of pending comments

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s statement that the new Employment Policy of 2015 upholds the principle of equal remuneration and provides guidelines to create equal opportunity and employment across all sectors of the economy. It further notes that the Fourteenth Three-Year Development Plan (2016/17–2018/19) prescribes a comprehensive strategy to achieve sustainable social and economic development and encompasses five areas of focus, among which increase growth and employment through tourism, small and medium business and transformation of agriculture; and promotion of gender equality and social inclusion. The Government adds however that more time, efforts and resources are needed to make substantial improvements regarding gender inequality. The Committee notes that the Decent Work Country Programme (DWCP) acknowledges the persistence of gaps in women’s transition to decent work as women are mainly involved in agriculture, which is considered a low-return employment sector and, in urban areas, women are mostly employed in informal sectors with non productive, temporary, and low-quality jobs. Recalling that the last Labour Force Survey (LFS) was conducted in 2008, the Committee welcomes the fact that, in the framework of the DWCP and with the technical, advisory and financial support of the ILO, the Central Bureau of Statistics (CBS) designed and implemented the third LFS 2017–18. It notes that, according to the third LFS, significant gender disparities persist in the labour market where the labour force participation of women is 26.3 per cent compared to 53.8 per cent for men; 66.2 per cent of women are employed in the informal sector; and women represented only 13.2 per cent of workers in managerial positions. The Committee notes that the gender pay gap expressed in mean monthly earnings was estimated at 30 per cent and up to 33.3 per cent for median monthly earnings, while reaching more than 46 per cent for certain occupational categories such as professionals (46.2 per cent) and plant and machine operators and assemblers (46.5 per cent). The Committee observes that mean and median monthly earnings of women employed in same occupational category than men were systematically lower than those of men. The Committee further notes that, according to a survey published in June 2019 by the CBS, the gender pay gap is estimated at 29.45 per cent and exists at all levels of education (from 29 per cent for workers with a bachelor’s or equivalent degree and 23 per cent for workers with a master’s degree to 5.7 per cent for workers with doctoral degree). The Committee asks the Government to provide information on the concrete measures taken, including in the framework of the Employment Policy of 2015 and the Fourteenth Three Year Development Plan (2016/17–2018/19), to address the gender pay gap by combatting its underlying causes, such as vertical and horizontal occupational gender segregation and gender stereotypes, and by promoting women’s access to jobs with career prospects and higher pay. It asks the Government to provide information on any assessment made of the effectiveness of the measures implemented to that end, as well as on any study undertaken to assess the nature and extent of pay differentials in the informal economy. Welcoming the efforts made by the Government to collect updated statistical information on the labour market on 2017–18, the Committee asks the Government to continue to provide updated statistical information on the earnings of men and women, disaggregated by economic activity and occupation, in both the public and private sectors, as well as in the informal economy.

Article 2(2)(b). Minimum wages. Referring to its previous comment where it noted that minimum monthly wages were established according to the category of workers (unskilled, semi-skilled, skilled and highly skilled), the Committee notes with interest that the new Labour Act of 2017 repealed such classification of workers. Section 34 of the new Labour Act provides that remuneration and benefits will be defined by the employment agreement and shall in no case be less that the minimum wages fixed under the Labour Act and the Regulations. It further notes that, pursuant to section 106 of the Labour Act, in July 2018, the Government set two separate hourly, daily and monthly minimum wages composed of basic remuneration and “dearness” allowances (essentially a cost of living adjustment) for workers in tea estates, and other workers. The Committee however observes that the minimum wages (both basic remuneration and “dearness” allowances) for workers in tea estates is lower than those set for other workers. In light of the persistent gender pay gap and occupational gender segregation of the labour market as highlighted by the third Labour Force Survey 2017/2018, the Committee wishes to highlight that when minimum wages are set at sectoral level, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey on fundamental Conventions, 2012, paragraph 683). Consequently, the Committee asks the Government to provide information on the specific measures taken to ensure that, in setting minimum wages for workers in tea estates and for other workers, rates were fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on any future developments with respect to the coverage and rates of minimum wages. The Committee asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage in tea estates and in other workplaces.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that the new Labour Act provides that an agreement on remuneration can be reached through collective bargaining between the employer and the workers. The Government indicates, in its report, that the Minister of Labour and Employment regularly conducts interactions with different stakeholders, including workshops on collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide samples of collective bargaining agreements containing clauses on equal remuneration for men and women workers for work of equal value. The Committee further asks the Government to provide information on any concrete steps and actions undertaken to promote actively the implementation of the principle of the Convention with the cooperation of the social partners, including through training and awareness-raising activities, and the results of such initiatives.

Article 3. Objective job evaluation. The Committee notes that the new Labour Act provides that the assessment of “equal value” shall be based on the nature of work, time and efforts required, skills and productivity. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage fixing mechanisms (see General Survey, 2012, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention, in the framework of the new Labour Act of 2017 or otherwise. It asks the Government to provide information on any job evaluation exercise carried out in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias in the private sector.

Monitoring and enforcement. In its previous comment, the Committee asked the Government to provide information on measures adopted or envisaged to raise awareness of the principle of the Convention and the available procedures, among workers, employers and their organizations, as well as to enhance the capacity of judges, labour inspectors and other officials to identify and address unequal remuneration. The Committee notes the Government’s statement that the Ministry of Labour and Employment conducted awareness-raising programmes at the local and central levels and disseminated relevant information on the principle of equal remuneration for men and women for work of equal value through the local radio stations. It notes the Government’s indication that 1,070 labour inspections were carried out in the formal sector but that no case of discrimination in remuneration was identified. The Government adds that there are no reported cases relevant to the principle of the Convention. The Committee wishes to recall that no society is free from discrimination and that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 871). In that regard, it notes the Government’s indication that during a tripartite meeting conducted in February 2017 on the Government’s report on the application of the Convention, several participants raised concerns regarding the need to effectively implement the national legislation to eliminate wage discrimination against women, particularly in the informal sector. The Committee notes that similar concerns were expressed, in its 2018 concluding observations, by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) which: (i) highlighted the inadequate inspection of workplaces both in the formal and informal sectors, including in domestic work and the entertainment sector, to guarantee the implementation of the working conditions defined in the new Labour Act; as well as (ii) the low level of awareness among women and girls of their rights and the mechanisms available for gaining access to justice and seeking remedies (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 10(a) and 34(d)). The Committee therefore asks the Government to provide information on the measures taken to strengthen the inspections of workplaces, in both the formal and informal sectors, in order to effectively address and eliminate wage discrimination against women in practice, including by ensuring the effective implementation of the new Labour Act of 2017. It also asks the Government to provide information on the number, nature and outcome of any cases or complaints concerning pay inequality dealt with by the labour inspectors, the courts or any other competent authorities.

Articles 1 and 2 of the Convention. Work of equal value. Legislative developments. For a number of years, the Committee has been drawing the Government’s attention to the fact that article 13(4) of the interim Constitution and Rule No. 11 of the Labour Regulations, 1993, were narrower than the principle of the Convention, as they did not encompass the concept of “work of equal value”. The Committee notes that, despite its recommendations, article 18(4) of the new Constitution of 2015 and section 18(3) of the new National Civil Code of 2017, which entered into force on 17 August 2018, both merely reproduce the previous provision of the interim Constitution providing that there shall be no discrimination with regard to remuneration and social security between men and women “for the same work”. It takes also note of the adoption of the new Labour Act of 2017 and Labour Regulations of 2018, which apply to all entities in both the formal and informal sectors, including domestic workers, but excludes the civil service, Nepal army, police and armed forces, entities incorporated under other prevailing laws or situated in “special economic zones” (to the extent separate provisions are provided), as well as working journalists (unless specifically provided in the contract) (section 180). The Committee, however, notes with interest that section 7 of the Labour Act provides that there shall be no discrimination with regard to remuneration between men and women “for work of equal value”, which shall be assessed on the basis of the nature of work, time and efforts required, skills and productivity. It further notes the adoption of the Decent Work Country Programme (DWCP) for 2018–22 which sets as a specific outcome the fact that “tripartite constituents have enforced the new Labour Act of 2017 and Labour Regulations of 2018”, and defined as indicator “an increased number of workers benefiting from the provisions of the Labour Act”, as it is estimated that only 5 per cent of workers currently benefit from such provisions. Noting the Government’s statement, in its report, that the Labour Act which provides for equal remuneration for “work of equal value” is exactly in line with the Constitution which refers to equal remuneration for the “same work”, the Committee wishes to draw attention to the fact that the concept of “work of equal value”, which is fundamental to tackling occupational gender segregation in the labour market, permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee notes that the Government solicits ILO technical assistance to ensure the full implementation of the new Labour Act, in particular concerning the assessment of work of different nature which are nevertheless of equal value. Welcoming the adoption of the new Labour Act of 2017 and Labour Regulations of 2018, the Committee asks the Government to provide information on the application of section 7 of the Labour Act in practice, indicating how the term “work of equal value” has been interpreted on the basis of the criteria enumerated in the Labour Act, including by providing information on any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted. In light of article 18(4) of the new Constitution of 2015 and section 18(3) of the new National Civil Code of 2017 which are narrower than the principle of the Convention, it asks the Government to provide information on the measures taken to ensure that: (i) discrepancies between recently adopted legislations do not undermine the protection granted under the Labour Act; and (ii) the principle of the Convention is applied to all workers, including those excluded from the scope of application of the Labour Act, such as for example civil servants and members of the Nepal police, army and armed forces. The Committee asks the Government to provide information on the measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value and the relevant provisions of the Labour Act of 2017 and Labour Regulations of 2018, in particular in the framework of the Decent Work Country Programme for 2018–22, among workers, employers and their representative organizations, as well as among law enforcement officials, and of the remedies and procedures available, including detailed information on the contents of the training provided and awareness-raising activities undertaken to that end. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Article 1 of the Convention. Protection against discrimination. Legislation. For a number of years, the Committee has been noting that the labour legislation reform process was under way and requested the Government to ensure that the new legislation defines and prohibits direct and indirect discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention, and covers all workers and all aspects of employment and occupation. The Committee notes with interest the recent adoption of several legislative provisions on non-discrimination, namely:

-Article 18(1) of the new Constitution of 2015, which provides that every citizen shall be equal before the law, and Article 18(2), which provides that there shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health conditions, matrimonial status, pregnancy, economic condition, language or geographical region or ideology or any other such grounds;
-the new Labour Act of 2017 (section 180) and the Labour Regulations of 2018 (section 6) which prohibit discrimination on the basis of sex at work, covering all entities both in the formal and informal sectors, but excluding in particular the civil service, as well as the Nepal army, police and other armed forces from their scope of application;
-the new National Civil Code of 2017, which entered into force on 17 August 2018, which provides that there shall be no discrimination in the application of general laws and no person shall be discriminated against in any public and private place on the grounds of origin, religion, colour, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other grounds (section 18(1) and (2)). Section 18(4) provides that any citizen appointed to a governmental or public office shall be appointed only on the basis of the qualifications determined by law and shall not be discriminated against on the grounds of origin, religion, colour, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or similar other grounds; and
-the Right to Employment Act of 2018, which provides that every citizen shall have the right to employment (section 3) and that, except where special provisions apply by reason of the prevailing law for any particular class or community with respect to the provision of employment to the unemployed, no person shall be discriminated against on the grounds of origin, religion, colour, caste, ethnicity, sex, language, region, ideology or similar other grounds (section 6). The Act provides for a fine of 10,000 Nepalese rupees (NPR) in the case of discrimination made by the employer (sections 25 and 26).

Noting that the grounds of political opinion and national extraction set out in Article 1(1)(a) of the Convention are not expressly covered by the national legislation, which does not specifically refer to direct and indirect discrimination in employment and occupation. Further, the legislation appears in some important respects to grant protection against discrimination only to citizens. In view of the foregoing, the Committee draws the Government’s attention to the fact that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 850–853). The Committee also notes that, in its 2018 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expresses specific concern at the lack of explicit protection against direct and indirect discrimination against women (CEDAW/C/NPL/CO/6, 14 November 2018, paragraph 8(a)). The Committee urges the Government to take all the necessary steps to ensure that its national legislation includes an explicit prohibition of direct and indirect discrimination against all persons on at least all of the grounds enumerated in Article 1(1)(a) of the Convention concerning all stages of the employment process. It asks the Government to provide information on any progress made in that regard, while specifying how the protection of the Convention is ensured to all workers, including those in the informal economy and non-nationals, irrespective of their regular or irregular situation. In the meantime, the Committee asks the Government to provide information on the application in practice of section 180 of the Labour Act of 2017 section 6 of the Labour Regulations of 2018, section 18 of the National Civil Code of 2017 and section 6 of the Right to Employment Act of 2018, including on any relevant administrative or judicial decisions.

Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption of the Sexual Harassment at the Workplace (Prevention) Act of 2015, which prohibits both quid pro quo and hostile work environment sexual harassment (section 4) and requires employers to disseminate information about and prevent sexual harassment, as well as to set up an internal complaint mechanism. The Act also provides for penalties of six months of imprisonment and/or a fine of NPR50,000 against any person who commits sexual harassment (section 12). The Committee further notes that section 132 of the new Labour Act provides for the termination of the employment of any person who has committed sexual harassment. The Committee however notes that in its 2018 concluding observations, the CEDAW expresses concern that: (i) rates of violence against women are increasing; (ii) girls suffer sexual harassment, corporal punishment and abuse in school, including by teachers; (iii) cases of sexual harassment are under-reported and judicial and law enforcement officers, in particular at the local level, prevent the registration of cases of sexual and gender-based violence; and (iv) the Sexual Harassment at the Workplace (Prevention) Act is insufficiently implemented. The CEDAW specifically recommends that the culture of silence surrounding sexual harassment should be broken; that a confidential and safe complaint mechanism should be established; and that access to justice for victims of sexual harassment in the workplace should be facilitated (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 10(d), 20(a), 32(c), 34(c) and 35(c)). Lastly, noting that criminal proceedings require a higher burden of proof, the Committee recalls that the establishment of easily accessible dispute resolution procedures (in addition to criminal proceedings) can make an effective contribution to combating discrimination (see 2012 General Survey, paragraphs 792 and 855). The Committee requests the Government to indicate whether any implementing measures have been adopted since the enactment of the Sexual Harassment at the Workplace (Prevention) Act to combat sexual harassment. The Committee also requests the Government to take steps to address the social stigma attached to this issue for workers, employers and their representative organizations, as well as law enforcement officials. The Committee further requests the Government to report on the number of cases of sexual harassment at work dealt with by internal complaint mechanisms set up at the enterprise level, labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education institutions and at the workplace.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. The Committee previously welcomed the adoption of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, which prohibits caste-based discrimination and “untouchability” (sections 3 and 4). The Committee notes that Article 24(4) of the new Constitution provides that there shall be no racial discrimination in the workplace on the ground of “untouchability”. Noting the constitutional recognition of the National Dalit Commission (Articles 255 and 256 of the Constitution), the Committee notes the Government’s statement that no recommendation concerning the employment sector has been made so far by the Commission, but that information on the implementation of the Act of 2011 will be provided at a later stage. The Government adds that, from 2014 to 2016, 1,372 Dalit women and 1,553 Dalit men participated in training programmes conducted by the Vocational and Skill Development Training Centre of the Ministry of Labour and Employment. The Committee however notes that in their 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) and the CEDAW express concern at: (i) the insufficient funding of the National Dalit Commission, which is only operational in Kathmandu; (ii) the insufficient implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011; as well as (iii) reports that law enforcement officials are sometimes reluctant to act upon caste-based discrimination (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 18(a) and 40(b), and CERD/C/NPL/CO/17–23, 29 May 2018, paragraphs 9 and 11). The CERD also expresses deep concern as to the way in which caste-based occupational specialization obstructs socio-economic mobility and assigns members of certain castes to degrading and/or exploitative occupations (CERD/C/NPL/CO/17–23, 29 May 2018, paragraph 31). Recalling that continuous measures are required to put an end to discrimination in employment and occupation due to real or perceived membership of a certain caste, the Committee urges the Government to take proactive measures to ensure the effective implementation of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act of 2011, including by raising awareness among the general public, as well as law enforcement officials, of the prohibition of caste-based discrimination in the national legislation, the remedies and procedures available. The Committee also requests the Government to provide information on any measures envisaged or implemented to this end. The Committee further asks the Government to provide information on the activities of the National Dalit Commission, as well as on the number, nature and outcome of any complaints of caste-based discrimination dealt with by labour inspectors, the courts or any other competent authority.

The Committee is raising other matters in a request addressed directly to the Government.

Article 1(1)(a) of the Convention. Discrimination based on political opinion. The Committee previously noted with concern that sections 10 and 61(2) of the Civil Service Act, which provides that “moral turpitude” shall be a ground for exclusion or removal from the civil service, could lead in practice to discrimination based on political opinion due to the lack of clarity as to the meaning of the term. Noting the Government’s repeated indication that it does not consider that this provision provides a ground for exclusion or removal on the basis of political opinion, the Committee takes note of the two judgments handed down by the Administrative Court in 2011 and 2015, which were forwarded by the Government. In these judgments, the Court held that being involved in the trafficking of two women or stealing and selling Government’s property was considered “moral turpitude”. The Court states that “although there is no concrete definition [of] crimes of moral turpitude, generally it is distinct from criminal cases and is considered as act related with moral, behavioral and personal character degradation of person of sound knowledge and depends upon the gravity of the subject matter, society’s perception upon such act, international standards and precedence.” Welcoming this information, the Committee asks the Government to continue to provide information on any cases where a Court has interpreted the term “moral turpitude”, including administrative or judicial decisions in relation to sections 10 and 61(2) of the Civil Service Act, in particular in the context of the expression of the exercise of political opinion.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Rights of Persons with Disabilities Act of 2017 which provides that the Government shall provide vocational training in order to develop professionalism and create self-employment by enhancing the skills of the persons with disabilities and that no enterprise shall discriminate against persons with disabilities with regard to employment and any matter related thereto (section 24(1) and (3)). It notes however that in its concluding observations, the UN Committee on the Rights of persons with Disabilities (CRPD) expressed concern about (i) the overall lack of information on social, economic, employment and other areas of public life of women with disabilities in Nepal – including their economic and employment status; (ii) the system of special and segregated schools for persons with disabilities; and (iii) the lack of information on the effectiveness of the employment quota for persons with disabilities in the civil service (CRPD/C/NPL/CO/1, 16 April 2018, paragraphs 11, 35 and 39). The Committee asks the Government to provide information on the application of section 24(1) and (3) of the Rights of Persons with Disabilities Act of 2017 in practice, including on its impact on the integration of persons with disabilities in the labour market. It asks the Government to provide information on any measures taken to promote equality of opportunity and treatment of persons with disabilities in all aspects of employment and occupation, including access to education and vocational training, access to employment and to particular occupations, and terms and conditions of employment, such as quotas, and on the results achieved, both in the public and private sectors. The Committee also asks the Government to provide statistical information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Articles 2 and 3. National equality policy. Referring to its previous comments, the Committee welcomes the adoption in 2015 of the National Employment Policy which provides guidelines to create equal opportunity and employment across all sectors of economy by targeting determined social groups. The Committee however notes that the National Gender Equality Policy remains pending and that, in its concluding observations, the CEDAW expressed specific concern in that regard (CEDAW/C/NPL/CO/6, 14 November 2018, paragraph 12(b)). The Committee asks the Government to provide information on the implementation of the National Employment Policy of 2015, including information on the content of the target programmes and their achievements. It further asks the Government to provide information on any progress made in the adoption of the National Gender Equality Policy, as well as on any other specific programmes and projects aimed at promoting equality of opportunity and treatment in employment and occupation of women, Dalits, indigenous peoples, and other marginalized groups, including access to resources.

Equality of opportunity and treatment for men and women. Referring to its previous comments concerning the significant horizontal segregation in certain industries, the Committee notes the Government’s statement that vertical segregation in the labour market is declining but that horizontal occupational segregation prevails. It notes that the Fourteenth Three-Year Development Plan (2016/17–2018/19) prescribes a comprehensive strategy to achieve sustainable social and economic development and encompasses several areas of focus, which include: (i) increase growth and employment through tourism, small and medium business and transformation of agriculture; and (ii) the promotion of gender equality and social inclusion. While taking note of the constitutional recognition of the National Women’s Commission (articles 252 and 253 of the Constitution), the Committee notes the Government’s statement that no recommendation concerning employment has been made by the Commission so far. The Government adds that a gender-focused person or unit has been established in each ministry to ensure gender mainstreaming and institutionalization of gender equality and social inclusion. The Government adds that the new Employment Policy of 2015 provides guidelines to create equal opportunity and employment across all sectors of economy by targeting particular social groups. The Government, however, indicates that more time, effort and resources are needed to make substantial improvements regarding gender inequality. The Committee welcomes the adoption of the new Decent Work Country Programme (DWCP) for 2018–2022 which explicitly establishes gender equality and non-discrimination as a cross-cutting policy driver, while acknowledging that in the workplace, women face several forms of discrimination, such as limited access to jobs, unequal pay and little protection against abuse. In this regard, the Committee takes note of the third Labour Force Survey (LFS) 2017/2018 carried out by the Central Bureau of Statistics (CBS), in collaboration with the ILO in the framework of the DWCP. It notes more particularly that the labour force participation of women is still substantially lower than that of men (26.3 per cent and 53.8 per cent respectively), while the unemployment rate of women remains high (13.1 per cent compared to 10.3 per cent for men). The Committee further notes from the LFS that 66.2 per cent of women are employed in the informal sector (compared to 59.7 per cent of men). The LFS further acknowledges that vertical and horizontal occupational segregation persists with women being mainly concentrated in agriculture (33 per cent), wholesale and retail trade (20.6 per cent) and manufacturing (13.4 per cent) while representing only 13.2 per cent of managers (compared to 86.8 per cent for men). In addition, the Committee notes that in its concluding observations, the CEDAW expressed concern about (i) the lack of information on measures taken to eliminate horizontal and vertical segregation in the labour market; (ii) the lower enrollment and higher drop-out rates among girls; (iii) the lack of access to natural resources and credit facilities for women, especially those belonging to vulnerable groups; and (iv) the low level of awareness among women and girls of their rights and the mechanisms available for gaining access to justice and seeking remedies (CEDAW/C/NPL/CO/6, 14 November 2018, paragraphs 10(a), 24(a), 32, 34 and 40). The Committee urges the Government to strengthen its efforts to address gender stereotypes and vertical and horizontal occupational gender segregation, by enhancing women’s economic empowerment and access to formal employment and decision-making positions, as well as by encouraging girls and women to choose non-traditional fields of study and professions while reducing early dropout from school for girls, including in the framework of the Fourteenth Three-Year Development Plan (2016/17–2018/19) and the Decent Work Country Programme for 2018–2022. It asks the Government to provide information on the specific measures taken to that end, including through the removing of any restriction imposed on women wishing to emigrate for domestic work, as well as on any awareness-raising activities undertaken on the principle of the Convention and the available procedures and remedies, in particular among women to better understand and claim their rights. The Committee asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Special measures of protection and assistance. The Committee previously noted the quotas introduced in the civil service, police and other Government services in order to increase the representation of women and disadvantaged groups, but observed large disparities between men and women recruited in each target group and the low level of women in the civil service. The Committee welcomes the Government’s indication that actions were taken to promote women’s participation in the civil service and this resulted in an increase from 8.5 per cent in 2008 to 17.7 per cent in 2016. The Committee further notes that article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017, both provide that the adoption of special provisions by law for the protection, empowerment or advancement of disadvantaged categories of persons such as women socially and culturally disadvantaged, Dalits, minorities, indigenous people, persons with disabilities, or citizens originating from isolated regions and financially deprived citizens, shall not be considered as discrimination. The Committee asks the Government to continue to provide information on the achievements of the quotas set in the public service for women and other disadvantaged groups, including statistical information on the number of workers belonging to these target groups employed in the civil service, disaggregated by sex, grade and occupational category. It further asks the Government to provide information on the application of article 18(3) of the new Constitution and section 19 of the new National Civil Code of 2017 in practice, including on any additional special measures of protection or assistance envisaged or taken within this framework, in both the public and private sectors.

Restrictions on women’s access to employment and on women’s employment. The Committee notes that, in its 2018 report, the UN Special Rapporteur on the human rights of migrants expressed concern about (i) the 2015 guidelines regarding Nepalese migrant domestic workers which require Nepalese women who wish to emigrate for domestic work to have reached the age of 24 and prohibits women with a child below the age of 2 from taking up domestic work outside Nepal; and (ii) the fact that in early 2017 the parliamentary International Relations and Labour Committee instructed the Government to temporarily stop Nepalese women migrants from going to the countries of the Gulf Cooperation Council for domestic work. The Special Rapporteur was concerned about stigma around the migration of women, loosely associated with prostitution or trafficking for sex work, and highlighted that the solution to the problems faced by domestic workers could not be to discriminate against them through the imposition of bans or other means of violating their right to leave the country (A/HRC/38/41/Add.1, 30 April 2018, paragraphs 77 and 78). The Committee further notes that in its concluding observations, the CEDAW also expressed concern about (i) the restrictions imposed on women with regard to access to employment abroad under the Foreign Employment Act of 2007, in addition to the guidelines on women migrant domestic workers; and (ii) the restrictions on freedom of movement and limited predeparture training programmes, which leave women exposed to discriminatory practices, including physical abuse and sexual assault, forced labour and unequal pay (CEDAW/C/NPL/CO/6, paragraph 36). The Committee asks the Government to take the necessary steps to remove any restriction imposed on women with regard to access to employment abroad and to provide information on any progress made in this regard. In order to allow women the same opportunities as men regarding access to all types of employment, the Committee also asks the Government to consider taking active measures to ensure better protection for men and women wishing to work abroad, in particular as domestic workers, such as for example, concluding bilateral labour agreements, ensuring full monitoring and accountability of recruitment agencies, ensuring that women have an employment contract before migrating and equipping embassies to respond quickly to complaints of abuse.

Enforcement. The Committee notes the Government’s indication that during the tripartite meeting conducted on February 2017 on the Government’s report on the application of the Convention, several participants raised concerns about the need to improve the implementation of the national legislation. The Committee notes that, as highlighted in the DWCP for 2018–2022, the increased scope and functions of the labour inspectorate, coupled with the fact that its staff is limited, raises questions as to the effectiveness of labour inspections. It notes that in its concluding observations, the CEDAW also expressed concern about the inadequate inspection of workplaces in the formal and informal sectors, including in domestic work and the entertainment sector, directed at guaranteeing the implementation of the working conditions defined in the new Labour Act (CEDAW/C/NPL/CO/6, paragraph 34(d)). The Committee asks the Government to provide information on the measures taken to effectively implement the national legislation, including through the strengthening of the labour inspectorate, and to raise awareness of direct and indirect discrimination in employment and occupation among law enforcement officials, workers, employers and their respective organizations, as well as of the remedies and procedures available. It further asks the Government to provide information on the number, nature and outcome of any cases or complaints on discrimination in employment dealt with by labour inspectors, the courts or any other competent authority.

Article 1 of the Convention. Coverage of all groups of wage earners. The Committee notes the adoption of a new Labour Act, Act No. 14 of 2017, which contains provisions on minimum wage fixing in sections 106 and 107. Further to its previous comments on the coverage of the minimum wage system, the Committee notes with interest that, unlike previous legislation, the new Labour Act applies to all enterprises irrespective of the number of workers employed (section 2(j)), and that section 88(1) establishes that the Government may fix a minimum wage for domestic workers. It also notes that, while the Labour Act does not apply to the civil service and services established under special laws (section 180), it provides that where the special laws do not have provisions on wages, employment conditions and benefits, the Labour Act shall be automatically applicable in relation to those matters. The Committee also notes the Government’s indications in its report that the monthly wages of civil servants are fixed by the Government, on the recommendation of committees formed for reviewing wages, in application of the corresponding special legislation.

Article 4(2) and (3). Full consultation with and direct participation of employers and workers in the minimum wage-fixing machinery. Further to its previous comments, the Committee notes with interest that section 107(1) of the Labour Act provides for the establishment of a permanent tripartite Minimum Wage Fixing Committee (MWFC) responsible for formulating recommendations on the minimum wage. It also notes that section 106(1) establishes that the Government may fix the minimum wage in the case that the MWFC fails to recommend the minimum wage due to lack of consensus.

Article 5. Enforcement. The Committee notes that section 182 of the Labour Act provides that the Government may make necessary rules for the effective enforcement of the Act and that during that process, separate rules for businesses, services and industries with special characteristics or for the informal sector may be made. The Committee requests the Government to indicate whether any rules have been adopted under section 182 to ensure the effective enforcement of the Labour Act, and to provide information particularly on the measures taken or envisaged to ensure compliance with the provisions therein on the minimum wage.

Article 5 of the Convention. Effective tripartite consultations. In its 2016 direct request, the Committee requested the Government to report on the measures taken to promote tripartite consultations on international labour standards, and the frequency and nature of such consultations. In addition, the Committee requested the Government to provide full particulars on the content and outcome of tripartite consultations held in respect of Article 5(1) of the Convention. The Government reports that the mechanisms and procedures for tripartite consultations include: the Central Labour Advisory Council, the Minimum Wage Fixation Committee, the Labour Coordination Committee and the International Labour Standards Reporting Committee. The Committee notes the Government’s indication that representatives of the tripartite constituents are invited and involved in discussing reporting requirements, commissioning studies on unratified Conventions and determining the Government’s response and comments at the International Labour Conference. In respect to the frequency in which the tripartite consultations are held, the Government indicates that, in 2018, there were 46 meetings. The Committee notes that the agenda of the 106th and 107th International Labour Conferences were shared among the constituents and consultations were also held on the Government’s proposed comments. In addition, the 2014 Protocol to the Forced Labour Convention, 1930 (No. 29), the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), were shared and discussed among the constituents. Tripartite consultations were also held during the reporting period regarding the reports to be made to the ILO on the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Weekly Rest (Industry) Convention, 1921 (No. 14), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Minimum Wage Fixing Convention, 1970 (No. 131), the Forced Labour Convention, 1930 (No. 29), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Abolition of Forced Labour Convention, 1957 (No. 105), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Minimum Age Convention, 1973 (No. 138), the Worst Forms of Child Labour Convention, 1999 (No. 182), the Social Protection Floors Recommendation, 2012 (No. 202) and the Occupational Safety and Health Convention, 1981 (No. 155) (Article 5(1)(d)). The Government indicates that a total of 20 tripartite consultations were held in 2016 and 2017 on Convention No. 155 and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). The Committee once again requests the Government to provide information on the measures taken to promote tripartite consultations on international labour standards. The Committee further requests that the Government provide updated detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and on reports on ratified Conventions (Article 5(1)(d)).

Comments adopted by the CEACR: Nepal

Adopted by the CEACR in 2019

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)