Remove labour rights from fundamental rights, says FNCCI
KATHMANDU, JUL 21
The Federation of Nepalese Chambers of Commerce and Industry ( FNCCI ) on Monday asked the Constituent Assembly ( CA ) to remove labour rights from the list of fundamental rights in the new constitution as it could undermine employer interests.
Clause 39 of the draft constitution has categorized labour rights as a fundamental right. It states that workers will have the right of appropriate labour practice, and that every labourer will have the right to get appropriate remuneration, facility and social security. “Every labourer will have the right to open trade unions, participate in them and hold collective bargaining with the employers,” it says.
The private sector has voiced fears about the possible misuse of the provision regarding labour rights . “If the right is treated as a fundamental right, labourers could file a petition against their employers, and the state is liable to protect the right. This will create a dubious situation,” said the FNCCI in its recommendations submitted to CA Chairman Subas Nembang on Monday.
The private sector body urged labour rights be included under the principle of state directives in the constitution and address the issue of labour rights through the Labour Act.
Handing over the recommendations to Chairman Nembang, FNCCI President Pashupati Murarka said enterprises should be given the freedom to provide their workers social security as provisioned by law. “However, employers cannot guarantee the complete social security package by themselves.”
Similarly, the FNCCI demanded the formulation of necessary legal provisions to keep trade unions free of political influence. Nepal’s industrial sector has been suffering due to frequent strikes organized by trade unions for the political benefit of certain political parties.
The FNCCI has also sought protection for investment, simplified tax system, proper legal provision to settle possible business disputes, discount facility for businesses and a ban on all types of protests in the production sector for the promotion of both domestic and foreign investments. Similarly, the private sector has urged the CA to remove the provision of property tax in the new constitution. It has long been lobbying against property tax.
The FNCCI has also demanded assurances for a conducive business environment. It has asked for proper compensation for entrepreneurs suffering losses due to changes or poor implementation of government policies or any kind of unforeseen reasons. The proposed constitution says that royalties received from the use of natural resources fall under the jurisdiction of all the three tiers of government—central, provincial and local. The FNCCI has asked for a clear statement of how the royalties will be shared among them.
The FNCCI said that the constitution should ensure that entrepreneurs from one state are treated equally while doing business in another state. It also asked to ensure free movement of goods and services from one state to another.
The draft constitution has proposed to form eight federal states as per the 16-point agreement reached among the four major political parties. Likewise, the FNCCI said that the cooperative sector should be promoted as an important wing of the private sector. “Hence, cooperatives should be promoted to encourage entrepreneurship and mobilise capital for the development of the entire economy.”
Nembang said the political condition should create a gro-und for businesses to implement an economic revolution.
Source: The Kathmandu Post
