Nepal – 1st – Migrant workers

The Nepalese NAP contains a background section on:

2.1.4 Rights of workers in foreign employment

2.2 Business and Human Rights Implementation Action Plan

1. Protection

S.No.  ActivityResponsible agencyPartner agencyTimelinePerformance Indicator
15To reach bilateral and multilateral labour agreement to ensure that Nepali citizens who are employed abroad receive service and benefits according to international standardsMOLESSMinistry of Foreign Affairs/ Nepali diplomatic mission/Continu ousNepali workers in foreign employment receive service and benefits as per international labour law
16To monitor if the workers working in multinational companies are getting service and benefits as in the multination companies in the origin countriesMOIC/trade unionMOLESSContinu ousMonitoring report
30Including business and human rights issues in the bilateral labour agreement and MoUs reached with the destination countries for foreign employmentMOLESSMoFA/diplomatic mission/ destination countriesContinu ousBusiness and human rights issues included in labour agreements
31To effectively implement the legal provision of sending trained workers for foreign employmentMOLESSTraining provider institutions/ foreign employment entrepreneurs/destination countriesSecond yearIncrease in number of trained workers
32Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countriesMOFA/diplomatic missionMOLESS/foreign employment entrepreneursContinu ousEqual pay for equal work implemented

2. Respect

68The foreign employment entrepreneurs to develop and enforce ethical recruitment policy of the organization as per the prevailing national and international labour laws.Entrepreneurs/foreign employment entre preneurs association/ federationDepartment of foreign employment/Foreign Employment BoardSecond yearDevelopment and enforcement of ethical recruitment policy
69To increase the awareness and capacity of foreign employment entrepreneurs on business and human rights sensitization and compliance.Entrepreneurs/foreign employment entre preneurs association/ federationDepartment of foreign employment/Foreign Employment BoardContinuouscapacity of foreign employment entre preneurs increased
70To carry out effective coordination with stakeholder agencies and employers in the destination countries for ensuring safety and decent working environment for Nepali workers in the destination countries.Entrepreneurs/foreign employment entre preneurs association/ federationMOLESS/Foreign Employment Board/ diplomatic missionsContinuousSafe workplace guaranteed
71To coordinate for arrangement of accommodation, food and medical care of the Nepali workers in destination countries.Entrepreneurs/foreign employment entre preneurs association/ federationEmployers of destination countries/Foreign Employment BoardContinuousProvision of ac commodation, food and medical treatment
72The foreign employment entrepreneurs’ association/federation to develop and enforce a code of conduct for business operation and protection of human rights.Entrepreneurs/foreign employment entre preneurs association/ federationForeign Employment EntrepreneursFirst yearCode of conduct implemented

3. Remedy

104To make access of the workers to judicial and non-judicial mechanism easy and effective in order to guarantee the right of the Nepali workers to selection process, decent sand safe working environment, accommodation, food and unrestricted mobility.MOLESS/diplomatic missionsEmployer/foreign employment association/ federation and entrepreneursContinuousEasy access to remedy
105Enhance the capacity and expand the scope of services of agencies including foreign employment board, department of foreign employment and foreign employment tribunal for the access of Nepali workers, who have faced problems and cheated in course of foreign employment, to relief, rescue, compensation and justice.Foreign employment board, department of foreign employment and foreign employment tribunalMOLESSContinuousCapacity development
106To address the problem of undocumented workers, workers in jail and those undergoing treatment in hospital after falling seriously ill in the destination countries through justified measures.Foreign employment board, department of foreign employment and foreign employ ment tribunalMOLESSContinuousProblem resolved