Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Népal (Ratification: 1974)

Article 5 of the Convention. Enforcement. The Committee notes that, in reply to its previous comment, the Government indicates in its report, that: (i) the Labour Office is assigned with the authority to monitor the implementation of provisions on minimum wages under section 93(1) of the 2017 Labour Act; (ii) pursuant to sections 162, 163 and 165 of the 2017 Labour Act workers have the right to file a complaint against violations of the Labour Act or the rules made under the Labour Act, the Labour Office has the power to decide to make an employer pay a compensation in case of non-compliance with the minimum wage, and the Labour Office decisions can be appealed at the Labour Court; (iii) no complaints have been received regarding minimum wages until present; and (iv) the 2018 Labour Rules prescribe that employers shall specify in their annual labour audit report if any workers are paid less than the prescribed minimum remuneration. The Committee requests the Government to provide information on the application of the above-mentioned provisions in practice, including the functioning of the annual labour audit reporting system in practice and the activities carried out by the Labour Office related to the enforcement of minimum wages, the number of violations to minimum wage legislation detected and the sanctions imposed, as well as the number of complaints on minimum wages filed and treated and the decisions of the Labour Court in case of appeals.