Protecting the right to employment

Nepal faces a critical issue: A significant number of its youth are leaving the country due to the lack of employment opportunities that match their qualifications and interests. Work is essential for human survival, yet the Nepali job market fails to recognize and retain its talented youth. It struggles to offer appropriate remuneration, security and facilities, making it difficult for the country to retain its skilled and capable young workforce. Government rhetoric focuses on presenting data on youth migration and providing false hopes to those abroad, without implementing relevant policies to retain its own talents within the country. 

Global frameworks on labor

Article 23 of the Universal Declaration of Human Rights (UDHR) 1948 states that everyone has the right to work under just and favorable conditions and to protection against unemployment. Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1976 further emphasizes the right to work, including the opportunity for individuals to gain a livelihood through freely chosen work. Article 7 ensures the right to just and favorable work conditions, including fair wages, safe working environment and reasonable working hours whereas Article 8 confirms the right to form trade unions. Various International Labour Organization (ILO) Conventions also cover issues like minimum wages, industrial relations, employment policy, social dialogue and social security.

Nepal ratified the ICESCR in 1991 but has ratified only some of the ILO standards.

National frameworks

The Constitution of Nepal defines a laborer as someone, who performs work for an employer in exchange for remuneration. Article 34 stipulates that every laborer has the right to appropriate work, fair pay, social security and the ability to form and join trade unions. The Labour Act of 2017 establishes minimum labor standards, including an eight-hour workday and 48 hours/week. It aims to ensure fair wages, safe working conditions and social security benefits, thereby fostering a more equitable work environment. The Labour Regulation of 2021 provides detailed guidelines for implementing these protections.

Securing labor rights
Despite the guaranteed frameworks, youth who remain in Nepal often face significant challenges in finding and retaining employment. Jobs that match their qualifications and interests are scarce, and unfair selection processes and office politics further hinder their prospects. Even when employed, workers often face exploitation, such as being forced to work extra hours without appropriate compensation or being unable to take leave without interference from employers.

Many employers exclude lunch hours from the official workday, effectively extending work hours to nine per day. Emotional pressure to work extra hours, framed as ‘learning hours’, is common, and those who resist face office politics. Although the Labour Act mandates overtime pay at 1.5 times the regular rate, and annual increments in remuneration, employers often manipulate these entitlements to the bare minimum.

Qualified youths are often reluctant to take on work that does not interest them. The job market is so misaligned that many employees work in fields unrelated to their academic qualifications. While changes in career interests can occur, it's crucial to consider the efficiency of professionals working outside their fields of expertise.

While laws guarantee the right to choose employment, in practice, there are limited options. Graduates, despite significant investment in their education, are often forced to take any available job to meet basic needs and ultimately leave the country for better opportunities. 

Way forward

The government must recognize that youth have no choice but to leave the country in search of sustainable livelihoods. Rather than expressing empty regrets about youth migration, the government should focus on creating policies that retain qualified, skilled, semi-skilled, and unskilled workers.

Proper legislation is significant to regulate advanced technologies like artificial intelligence and informal sectors like gig-economy, freelancing, e-commerce including ride-sharing, and food delivery. 

When such laws are particularly enacted, workers will have more opportunities to choose employment in these emerging fields.

Collaboration among the government, private sector, financial institutions, civil society and international NGOs is crucial to effectively implement labor laws. The Labour Act should be seen as a minimum standard, not a limit. Universally guaranteed human rights and constitutional rights should not be compromised at the employer's convenience.

Effective mobilization of trade unions is necessary to provide a platform for employees to voice concerns and improve work environments without bias. Office politics, which often targets women, especially those with family responsibilities or disabilities, must be dismantled. Ensuring an inclusive and fair workplace is essential to foster women’s leadership and retain talents within the country.

The author is an advocate