NGOs, INGOs fail to comply with Labor Act

KATHMANDU, Aug 9: Even though existing law makes it mandatory for non-governmental organizations (NGOs) and international non-governmental organizations (INGOs) to secure work-permit while hiring foreign nationals, the provision has been complied more in its breach.



That is not all. These NGOs and INGOs also cold-shouldered recent initiatives of the Department of Labor (DoL) in which it asked NGOs and Association of INGOs in Nepal (AIN) to provide details of foreigners working with them and comply with work-permit rule.[break]



“We took the initiatives in order to ensure effective implementation of the Labor Act and also to develop database of foreign nationals working in the country,” said Dr Man Bahadur BK, director general of the department.



However, only 300 workers responded to the department´s call. As a result of massive non-compliance, DoL has no record of volunteers and professionals working in Nepal. Nonetheless, DoL estimates that more than 20,000 foreign nationals are working with NGOs and INGOs.



DoI, however, has incomplete record of foreign professionals working in the private business organizations. According to it, around 7,000 foreigners are currently working in the private sector in Nepal with work-permit from DoI. But, even this figure is heavily under-represented, said officials.



In a bid to ensure similar compliance from NGOs and INGOs, DoL three weeks ago had asked AIN to provide details of foreigners working with INGOs.



So far, foreign nationals have been working in NGOs and INGOs in Nepal with the approval of Social Welfare Council (SWC). However, approval of SWC is not a work permit. Rather, it is a supporting document based on which foreign workers can apply for and get the work permit from DoL.



“Sadly, this provision has largely been flouted by NGOs and INGOs,” said BK who is also the coordinator of the Non-Nepali Employee Monitoring Committee (NNEMC) formed to inspect organizations employing foreigners.



He informed Republica that DoL has recently asked for details of foreign staff from the United Nations Development Program (UNDP), GIZ Nepal and INGOs through AIN. The department has asked the Ministry of Foreign Affairs (MoFA) to communicate with all diplomatic missions in Nepal and ask them to provide information about employees who do not enjoy diplomatic privilege.



“The committee is now preparing a list of multinational companies in Nepal and other organizations which are employing foreign staff without work permit,” said Krishna Hari Puskar, under-secretary at the Ministry of Labor and Transport Management (MoLTM).

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