Contemporary Issues and Challenges of Labor Law Making Process in Developing World

1. Contemporary Issues and Challenges of Labor Law
Making Process in Developing World
(with special reference to Nepal)
By
Krishna H Pushkar
10th of October, 2014
khpushkar@gmail.com
Public Policy:

2. Understanding Labor Laws in Developing World
Set of Laws
Social Security
and Benefits
Policy decisions
of legislative,
executive and
judiciary
Foreigner
employment
regulations
Foreign
Employment
regulation
Occupational
health and
safety
Child Labor
Prohibition
Bonus
Management
Labor &
Employment
Relation
Trade Union
Regulation and
Management
Labor Laws

3. Interaction:
Labor Law Management
Observers( Int’l
org, Civic actors
etc.
Kitchen
cabinet
arrangements
Government
Employer
Labor/Union
Tripartite Mechanisms for Entire Labor Governance

4. Where Law MaPkrineg- Process starts
Mature law
Making
Process
State System (
legislative,
executive and
judiciary etc.)
Labor/Trade
Union
Institutions
Observers ( Intl
Org, NGOs/
civic society/
political parties
etc.
Employers
Institutions
Who Initiates Law Making
Process and Where?

5. Executive
Authorities
Sectorial/Line and
Staff Ministries,
and Committees
Cabinet approval
Mature Law Making Systemic Process
Legislative
authorities
Parliamentary
Committees/
expert and
technical
discussion
Legislation
Approval
President’s
approval
Speaker”
Notarization
President’s
Approval
Executive
Authorities
(Note: ordinance process is differ than above described process)

6. General: Issues and Challenges
Political and
constitutional
transition/restr
ucturing
process
Politicization
/Criminalizati
on of entire
stakeholders
Traditionalism/
Change
resistance
Fragile
Institutional
competency
Domestic and
international
commitments
Policy
corruption and
authority
abuses
Impunity and
anarchism

7. Impacts
State is almost
failed In Labor
Management
Full of
Disputes/Conflicts
Degrading
productivity
Politicization and
Polarizations
among
stakeholders and
labor management
actors
Labor shortage &
High Migration
Crime and social
disabilities
No stakeholders
are happy/ No
Trust among each
other

8. Recent Progress/Hopes
Restructuring of
entire labor
management/ law
and intuitional
reforms are under
progress etc.
Technologization of
operation and
management are
under progress
Depolticization of
trade unions and
employers
associations are
under progress
Effective Law
enforcement
practices ( stick and
carrot) / Public
private Partnership/
Collaboration with
Development partner
are under progress

9. Conclusion
Transformation process is under progress and
about to deliver better productivity with the help and
collaboration of our domestic and international
development partners
The Labor Law management overall status is getting better in
comparison to previous years of insurgency and post
insurgency phases of Nepal.

10. Welcome to Q & A Session
Questions
Observations
Comments