Nepal
TRADE UNION RULES, 2050
(1993)
His Majesty's Government, in exercise of the power
conferred
by section 31 of the Trade Union Act, 2049, has made the
following rules.
1. Short Title and Commencement:
(1) These rules shall be called the "Trade
Union Rules,
2050".
(2) These rules shall come into force
immediately.
2. Definitions:
Unless the subject or context otherwise requires, in
these
rules :-
(1) "Act" means the Trade Union Act,
2049.
(2) "Registration Certificate" means
the registration
certificate issued by the
Registrar after registering
a Trade Union of
Enterprise Level under these rules,
and the word shall also
denote the registration
cetificate issued by the
Registrar after registering
the Association of Trade
Union or Federation of Trade
Unions under these rules.
3. Application for Registration of a Trade Union of Enterprise
Level:
(1) The official oppointed by the Working
Committee shall
have to submit an
application on the format as
prescribed in Schedule -
1 together with one hundred
and fifty rupees as
registration fee to the Registrar
in order to register a
Trade Union of Enterprise Lavel
under sub-section (2) of
section 3 of the Act.
(2) The following particulars also shall have to
be
clearly mentioned on the
application under sub-rule
(1) :-
(a) Name and
address of the Trade Union of Enterprise
Level.
(b) Date of
formation of the Trade Union of
Enterprise.
(c) Three copies of
Statute pursuant to section 10 of
the Act.
(d) Full name and
address of the officials.
(e) Total number of
workers obtaining membership of
the Trade Union of Enterprise Level till the date
of submitting application for registration and
their names, age, job-description and period of
service in the Enterprise.
(f) Copy of minute
of the Working Committee as
regards to submitting the application to the
Registrar for the registration.
(g) Letter of the
Working Committee as regards to
designating any official authorising him to
submit the application to the Registrar for
registration.
(h) Document as
regards to admission made by the
member-workers obtaining membership of the Trade
Union of Enterprise Level to be registered that
they have not taken membership of other Trade
Union of Enterprise Level.
4. Registration Certificate of Trade Union of Enterprise
Level:
If an application is submitted to the Registrar for
registration of a Trade Union of Enterprise Level
pursuant
to rule 3, the Registrar shall, after making
examination of
the particulars mentioned in sub-rule (2) of the same
rule
and also additional particulars as required under
section
6 of the Act and observing whether all formalities are
fulfilled or not, register such Trade Union of
Enterprise
Level on the book of registration pursuant to
sub-section
(3) of section 3 of the Act and issue the registration
certificate in a format as prescribed in Schedule - 2.
5. Application for Registration of Associations of Trade
Unions:
(1) The offcial appointed by the Working
Committee shall
have to submit an
application on the format as
prescribed in Schedule -
3 together with five hundred
rupees as registration
fee to the Registrar on order
to register an
Association of Trade Unions under sub-
section (3) of section 4
of the Act.
(2) The following particulars also have to
clearly
mentioned on the
application under sub-rule (1) :-
(a) Name and
address of the Association of Trade
Unions.
(b) Date of
formation of the Association of Trade
Unions.
(c) Three copies of
Statute pursuant to section 10 of
the Act.
(d) A copy of the
agreement made by and entered
between the Trade Union of Enterprise Level for
formation of the Association of Trade Union.
(e) Name of Trade
Unions of Enterprise Level which
form the Association of Trade Unions.
(f) Name, address
and job-nature of workers, in case
the Association of Trade Unions is formed by an
agreement made by and entered between the workers
who do thesame kind of work for different trade
and industry outsice the Enterprise.
(g) Full name and
address of the officials.
(h) Copy of the
minute of the Working Committee as
regards to submitting the application to the
Registrar for registration.
(i) Letter of the
Working Committee as regards to
designated any official authorising him to submit
the application to the Registrar for
registration.
(j) Document as
regard to admission made by Trade
Unions of Enterprise Level obtaining membership
of the Association of Trade Unions to be
registered that they have not taken membership of
other association of Trade Unions.
6. Registration Certificate of Association of Trade Unions:
If an application is submitted to the Registrar for
registration of an Association of Trade Unions pursuant
to
rule 5, the Registrar shall, after making examination
of
the particulars mentioned in sub-rule (2) of the same
rule
and also additional particulars as required under
section
6 of the Act and observing whether all formalities are
fulfilled or not, register such Association of Trade
Union
on the book of registration pursuant to sub-section (4)
of
section 4 of the Act and issue the registration
certificate
in format as prescribed in Shedule - 4.
7. Application for Registration of Federation of Trade Unions:
(1) The official appointed by the Working
Committee shall
have to submit an
application on the format as
prescribed in Shedule - 5
together with one thousand
rupees as registration
fee to the Registrar in order
to register a Federation
of Trade Unions under sub-
section (2) of section 5
of the Act.
(2) The follwing particulars also shall have to
be clearly
mentioned on the
application under sub-rule (1) :-
(a) Name and
address of the Federation of Trade
Unions.
(b) Date of
formation of the Federation of Trade
unions.
(c) Three copies of
Statute pursuant to section 10 of
the Act.
(d) A copy of the
agreement made by and entered
between the Assiciation of Trade Unions for the
formation of the Federation of Trade Unions.
(e) Name of
Associations of Trade Unions which form
the Federation of Trade Unions.
(f) Full name and
address of the officials.
(g) Copy of the
minute of the Working Committee as
regards to submitting the application to the
Registrar for registration.
(h) Letter of
Working Committee as regards to
designating any official authorising him to
submit the application to the Registrar for
registration.
(i) Document as
regards to admission made by the
Association of Trade Unions obtaining membership
of the Federation of Trade Unions to be
registered that they have not taken membership of
other Federation of Trade Unions.
8. Registration Certificate of Federation of Trade Unions:
If an application is submitted to the Registrar for
registration of a Federation of Trade Unions pursuant
to
rule 7, the Registrar shall, after making examination
of
the particulars mentioned in sub-rule (2) of the same
rule
and also additional particulars as required under
section
6 of the Act and observing whether all formalities are
fulfilled or not, register such Federation of Trade
Unions
on the book of registration pursuant to sub-section (3)
of
section 5 of the Act and issue the registration
certificate
in a format as prescribed in Schedule - 6.
9. Period of Registration Certificate and Renewal:
(1) The period of validity of the registration
certificate
issued by the Registrar
after registering the Trade
Union under rules 4, 6
and 8 shall remain for two
years.
(2) The Trade Unions shall get its registration
certificate renewed three
months earlier before the
expiry of the period
pursuant to sub-rule (1). The
renewal fee of the
registration certificate shall be
prescribed in Schedule -
7.
(3) The registration certificate, if not renewed
within
the period of sub-rule
(2), may be renewed within
three months from the
date of expiry of the said
period having paid twenty
five percent of the renewal
fee as a fine, and in
default of renewal within the
said period the
registration of the registration
certificate shall be
cancelled.
10. Election of Trade Union as Authentic Body:
For the purpose of recognising a Trade Union of
Enterprise
Level as an authentic Trade Union in order to make
collective bargaining on behalf of the workers with the
management, the Registrar shall hold election in order
to
decide wherther such Trade Union of Entrprise has
obtained
support of majority of workers or not.
11. Designation of Returning Officer by the Registrar:
The Registrar may designate any official as a returning
officer for conducting the election of authentic Trade
Union pursuant to rule 10.
12. To prescribe the Election Procedure:
(1) The Registrar shall prepare an election
manual with
the consent of His
Majesty's Government for
prescribing the election
procedures to the applied in
the election of an
authentic Trade Union to be held
pursuant to Rule 10 and
enforce it to that effect.
(2) The returning officer appointed pursuant to
rule 11
shall, while conducting
the election of an authentic
Trade Union, conduct the
election following the
election manual as
prepared under sub-rule (1), and
the whole cost to be
incurred in such election shall
be borne by the concerned
Enterprise.
13. Certificate of be issued to the Authentic Trade Union:
The Registrar shall issue a certificate of authenticity
of
the Trade Union on the format as prescribed in Shedule
- 8
to the Trade Union within fifteen days from the date of
a
written notice given by the Enterprise Level Trade
Union
pursuant to sub-section (2) of section 11 of the Act to
him
for the purpose of obtaining recognition as an
Authentic
Trade Union by securing support of majority workers.
14. Application for Registration of Trade Union of Enterprise
Level formed by Amalgamation:
(1) The Official designated by the Working
Committee shall
to submit an application
on the format as prescribed
in Schedule - 9 together
with one hundred fifty rupees
as registration fee to
the Registrar in order to
register a new Trade
Union of Enterprise Level formed
by amalgamation of two or
more Trade Unions of some
Enterprises into a single
Trade Union of Enterprise
Level pursuant to section
19 of the Act.
(2) The following particulars also have to be
clearly
mentioned on the
application under sub-rule (1) :-
(a) Name and
address of the Trade Union of the
Enterprise Level formed by amalgamation.
(b) Date of
formation by amalgamation.
(c) Three copies of
the Statute pursuant to section
10 of the Act.
(d) Number of votes
casted in favour of amalgamation
by the member of Trade Union of Enterprise Level
desiring to be amalgamated.
(e) A copy of the
agreement made by and entered
between the Trade Unions of Enterprise Level as
regards to amalgamation.
(f) Name of the
Trade Unions of Enterprise Level
amalgamated into a single Trade Union of
Enterpsrise Level.
(g) Full name and
address of officals.
(h) Copy of the
minute of the Working Committee as
regards to submitteing the application to the
Registrar for registration.
(i) Letter of
Working Committee as regards to
designating any official aurthorising him to
submit the application to the Registrar for
registration.
(3) If an application is submitted to the
Registrar for
registration of a new
Trade Union of Enterprise Level
formed by amalgamation
pursuant to sub-rule (1), the
Registrar shall, after
examining the particulars
mentioned in sub-rule (2)
and also additional
particulars as required
under section 6 of the Act and
observing whether all
formalities are fulfilled or
not, register such Trade
Union of Enterprise Level on
the book of registration
and issue the registration
certificate in a format
as prescribed in Schedule - 2.
15. Change in the Schedule:
His Majesty's Government may alter or change in the
Schedule as required.
Schedule - 1
(Related to Sub-rule (1) of Rule 3)
Format of Application for
Registration of Trade Union of
Enterprise Level
Date:-
The Registrar,
......................
......................
Dear Sir,
As I have been authorised by Working Committee to
perform
the works in regard to register the ..........................
Trade Union of Enterprise Level of the Entrprise named
........................... pursuant to sub-section (2) of
section 3 of the Trade Union Act, 2049, I hereby submit this
application together with one hundred fifty rupees as
registration fee and the particulars mentioned in sub-rule (2)
of rule (3) of the Trade Union Rules, 2050 for registration of
the said Trade Union of Enterprise Level.
Yours faithfully,
.....................
(On behalf of .........
Trade Union of Enterprise Level)
Schedule - 2
(Related to rule 4 and sub-rule (3) of rule 14)
Registration Certificate of Trade Union of
Enterprise Level
Registration Certificate No :-
His Majesty's Government
Ministry of Labour
Department of Labour
...........Labour Office
Registration Certificate of Trade Union of
Enterprise Level
Whereas the ................. Trade Union of Enterprise Level of
................. Enterprise has been hereby registered pursuant
to sub-section (3) of section 3 of the Trade Union Act, 2049,
now, therefore this Registration Certificate has been hereby
issued pursuant to rules 4 and 14 of the Trade Union Rules, 2050.
...................
Signature of the Registrar
Date of
issuePeriod of
validityDate of
RenewalSignature of
renewing officialRemarks
Schedule - 3
(Related to sub-rule (1) of rule 5)
Formation of Application for Registration of Trade
Union Association
Date :-
The Registrar,
...................
...................
Dear Sir,
As I have been authorised by the Working Committee to
perform the works in regard to register the ..................
Trade Union Association pursuant to sub-section (3) of section
4 of the Trade Union Act, 2049, I hereby submit this application
together with five hundred rupees as registration fee and the
particulars mentioned in sub-rule (2) of rule 5 of the Trade
Union Rules, 2050 for registration of the Trade Union
Association.
Yours faithfully,
....................
(On behalf of .......
Trade Union Association)
Schedule - 4
(Related to rule 5)
Registration Certificate of Trade Union Association
Registration Certificate No :-
His Majesty's Government
Ministry of Labour
Department of Labour
............Labour Office
Registration Certificate of Trade Union Association
Whereas the ............. Trade Union Association has been hereby
registered pursuant to sub-section (4) of section 4 of the Trade
Union Act, 2049, now, therefore this registration certificate has
been hereby issued pursuant to rule 6 of the Trade Union Rules,
2050.
...................
Signature of the Registrar
Date of
issuePeriod of
validityDate of
RenewalSignature of
renewing officialRemarks
Schedule - 5
(Related to sub-rule (1) of rule 7)
Format of Application for Registration of Federation
of Trade Unions
Date :-
The Registrar,
..................
..................
Dear Sir,
As I have been authorised by the Working Committee to
perform the works in regard to register the ................
Federation of Trade Unions pursuant to sub-section (2) of section
5 of the Trade Union Act, 2049, I hereby submit this application
together with one thousand rupees as registration fee and the
paticulars mentioned in sub-rule (2) of rule 7 of the Trade Union
Rules, 2050 for registration of the said Federation of Trade
Unions.
Yours faithfully,
......................
(On behalf of ........
Federation of Trade Unions)
Schedule - 6
(Related to rule 8)
Registration Certificate of Federation of Trade
Unions
Registraion Certificate No :-
His Majesty's Government
Ministry of Labour
Department of Labour
............Labour Office
Registration Certificate of Federation of Trade
Unions
Whereas the .................. Federation of Trade Unions has
been hereby registered pursuant to sub-section (3) of section 5
of the Trade Union Act, 2049, now, therefore this registration
certificate has been hereby issued pursuant to rule 8 of the
Trade Union Rules, 2050.
...................
Signature of the Registrar
Date of
issuePeriod of
validityDate of
RenewalSignature of
renewing officialRemarks
Schedule - 7
(Related to sub-rule (2) of rule 9)
Fee for Renewal of Registration Certificate
Fee for renewal of registration certificate shall be as follows
:-
Renewal fee
(1) Trade Union of Enterprise
Level
Rs. 75.00
(2) Trade Unions
Association
Rs. 250.00
(3) Federation of Trade
Unions
Rs. 500.00
Schedule - 8
(Related to Rule 13)
Certificate of Authentic Trade Union
Whereas the notice as regards to obtaining the recognition of
authentic Trade Union in order to make collective bargaining on
behalf of workers of Trade Union of Enterprise Level of .........
Enterprise being already given to the ................. Trade
Union of Enterprise Level pursuant to section 11 of the Trade
Union Act, 2049, now, therefore this certificate of authentic
Trade Union has been hereby issued to the said Trade Union of
Enterprise Level pursuant to rule 13 of the Trade Union Rules,
2050.
.........................
Signature of the Registrar
Date
:-
Schedule - 9
(Related to rule 14)
Format of Application for Amalgamation
Date :-
The Registrar,
................
................
Dear Sir,
As I have been authorised by the Working Committee to
perform the works in regard to register the ............... Trade
Union of Enterprise Level formed by amalgamation of the following
Trade Unions of Enterprise Level of .............. Enterprise
into a single Trade Union of Enterprise Level pursunat to sub-
section 19 of Trade Union Act, 2049, I hereby submit this
application together with one hundred fifty rupees as
registration fee and the particulars mentioned in sub-rule (2)
of rule 3 of the Trade Union Rules, 2050.
1...................
Yours faithfully,
2...................
..................
(On behalf of ......Federation
3...................
of Trade Unions)
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