Nepal – 1st – worker
The Nepalese NAP contains background sections on:
2.1.1 Rights of Workers
2.1.4 Rights of workers in foreign employment
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 6 | To provide basic information to the employees concerned and business proprietors about workers’ rights prior to providing business operation license. | MOICS, | Local level/MOLESS | continu ous | Company propri etor and concerned employees are informed about labour rights |
| 8 | To develop national employment management information system (NEMIS) and maintain records of labour force working in the formal and informal sector, and available in the market, and the available job opportunities | MOLESS | MOICS/local level business enterprises, /trade union and workers | Third year | Integrated records prepared |
| 9 | To develop an action plan to ensure the labour rights of the workers in the informal sector. | MOLESS | trade union and workers | Second year | Action plan |
| 10 | To set up human rights desk in the thematic association/federation of the business sector | Thematic association/ federations | Employers/business enter prises/trade union/workers | First year | Human Right Desk established in the federations |
| 11 | To develop and operate a tripartite monitoring mechanism for compliance of labour rights | MOLESS | Business enterprises trade union and workers | Continu ous | Tripartite monitoring mechanism developed and mobilized |
| 12 | To conduct awareness programs related to labour rights (prohibition of child labour, prohibition of forced labour, minimum wages/ benefits, holidays, social security, working hours, special rights of women and respect for labour, equal pay for equal work). | Labour and employment offices/ local level/ employers/ trade union | Provincial government, organisations working in the field of human rights, civil society | Continu ous | Awareness programmes on labour rights implemented in local levels |
| 13 | To enroll all workers in self-employment, and in the formal and informal sectors to the con tribution-based social security system. | Social Security Fund | MOLESS/ business enter prise/trade union | Continu ous from first year | All workers to the social security fund |
| 15 | To reach bilateral and multilateral labour agreement to ensure that Nepali citizens who are employed abroad receive service and benefits according to international standards | MOLESS | Ministry of Foreign Affairs/ Nepali diplomatic mission/ | Continu ous | Nepali workers in foreign employment receive service and benefits as per international labour law |
| 16 | To monitor if the workers working in multinational companies are getting service and benefits as in the multination companies in the origin countries | MOIC/trade union | MOLESS | Continu ous | Monitoring report |
| 17 | To formulate occupational safety and health standards. | Labour and occupational safety department | MOLESS, trade union, hu man experts | Third year | Standards formulated |
| 30 | Including business and human rights issues in the bilateral labour agreement and MoUs reached with the destination countries for foreign employment | MOLESS | MoFA/diplomatic mission/ destination countries | Continu ous | Business and human rights issues included in labour agreements |
| 31 | To effectively implement the legal provision of sending trained workers for foreign employment | MOLESS | Training provider institutions/ foreign employment entrepreneurs/destination countries | Second year | Increase in number of trained workers |
| 32 | Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countries | MOFA/diplomatic mission | MOLESS/foreign employment entrepreneurs | Continu ous | Equal pay for equal work implemented |
| 47 | Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prises | MOLESS/MOICS | Business enterprises | Continu ous | Gender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available |
| 48 | To make easy availability of tools and equipment used by the workers/labourers with disability. | MOWCSC | Business enterprises | Continu ous | Easy availability of tools and equipment used by people with disability |
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 54 | To carry out training programmes for the skills development and capacity building of workers and employees working in the business enterprises. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Skills developed and capacity enhanced of workers and employees working in the enterprises |
| 55 | The party employing in daily wage labour to do so by signing a mandatory contract agreement with the workers. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Mandatory contract agreement with workers |
| 56 | Business enterprise to fully implement international standards related to occupational safety and health. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Implementation of international standards related to occupational safety and health |
| 57 | To carry out coordination, cooperation and collaboration in labour inspection activities. | Employer/business enterprise | Trade Union/thematic association, federation | Continuous | Coordination and collaboration |
| 58 | Respect the rights of workers and consumers in the goods and services supply chain. | Employer/business enterprise/thematic association/federation | Trade Union/MOICS | Continuous | Respect of workers and consumer rights |
| 60 | To provide regular health service and psychosocial counselling service in the enterprises. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | health service and psychosocial counselling service available |
| 62 | To develop the structures used for business operations in a consumer (disabled/senior citizen/women and children) friendly manner | Business enterprises | Thematic association/ federation/consumer rights activists | Continuous | Consumer-friendly structures |
| 64 | To build discrimination-free, sexual violence free, abuse-friend and human rights friendly working environment in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Labour law complied |
| 66 | To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Provision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets |
| 67 | To put an end to sexual exploitation, abuse and gender-based discrimination in the workplace and fully comply with human rights law. | Enterprises and business associations/ federation | Trade union/MOLESS | Continuous | Compliance of labour law |
| 68 | The 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/ federation | Department of foreign employment/Foreign Employment Board | Second year | Development and enforcement of ethical recruitment policy |
| 70 | To 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/ federation | MOLESS/Foreign Employment Board/ diplomatic missions | Continuous | Safe workplace guaranteed |
| 71 | To coordinate for arrangement of accommodation, food and medical care of the Nepali workers in destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | Employers of destination countries/Foreign Employment Board | Continuous | Provision of ac commodation, food and medical treatment |
| 72 | The 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/ federation | Foreign Employment Entrepreneurs | First year | Code of conduct implemented |
| 83 | To implement equal pay for equal work provision without any discrimination based on gender, geography, ethnicity, religion, language and ideology in the business enterprise | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Provision of equal pay for equal work implemented |
| 85 | To run orientation and sensitization pro gramme on human rights in the workplace for equality and non-discrimination. | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Programme implemented |
3. Remedy
| 92 | To enhance the capacity of employees in the market monitoring committees at the federal, province and local level. | MOICS | Department of commerce, supplies and consumer interest protection/province government/local level | Continuous | Capacity developed |
| 99 | To establish and mobilize a compensation fund for the victim worker/labourer women and children. | MOWCSC | Business enterprises/ thematic association/ federation | Continuous | Fund established and mobilized |
| 104 | To 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 missions | Employer/foreign employment association/ federation and entrepreneurs | Continuous | Easy access to remedy |
| 105 | Enhance 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 tribunal | MOLESS | Continuous | Capacity development |
| 106 | To 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 tribunal | MOLESS | Continuous | Problem resolved |
| 118 | Set up fast-track working mechanism for immediate hearing of the violence based on gender, geography, ethnicity, religion, language and ideology that has taken place in the business enterprise. | Business enterprises | MOLESS | Continuous | Fast track mechanism to have been developed |