Workers’ Wages and Social Security Procedures Approved, What Do Workers Get? (Full Text)
लगानी न्यूज
Kathmandu. The government has approved the ‘Work Procedure on Remuneration and Social Security of Workers Involved in Public Procurement, 2083’.
{{TAG_OPEN_div_137} The working procedure has made legal provisions to ensure fair wages, social security and labor rights to the workers involved in government infrastructure construction to industry, factories, consultancy, information technology and other public procurement, and to end the situation of fraud, labor exploitation and insecurity in case of accidents.
Minimum TAG_OPEN_div_135 wages have been ensured according to the work and skills. The minimum daily wage has been fixed for the workers working in the government construction and field (regional workers).
According to the procedure, the total daily rate for Category 1 basic assistants (unskilled) (sweeper, office assistant, etc.) has been fixed at Rs 1,740. Of these, Rs 1,450 is directly accounted, Rs 145 for 10 percent social security public sector partnership and Rs 145 for 10 percent of employer partnership.TAG_OPEN_div_133
The total daily rate of basic artisans (TAG_OPEN_div_131 unskilled) (security guards, light drivers, jammers, etc.) of Category 2 will be Rs. 1,920. This includes Rs. 1,600 for direct account, Rs. 160 for 10 percent of social security public sector partnership and Rs. 160 for 10 percent of employer partnership.
The total daily rate of semi-skilled helpers and service workers (security guards, light drivers, assistant mechanics/operators, etc.) of Category 3 will be Rs. 2,100. This includes Rs. 1,750 for direct account, Rs. 175 for 10% Social Security Public Institution Partnership and Rs. 175 for 10% Employer Partnership.TAG_OPEN_div_129
The total daily rate of skilled artisans and assistant supervisors (masons, plumbers, machine/computer operators, enumerators, etc.) of Category IV will be Rs. 2,280. This includes Rs. 1,900 in direct account, Rs. 190 for 10% Social Security Public Institution Partnership and Rs. 190 for 10% Employer Partnership.TAG_OPEN_div_127
The total daily rate of highly skilled and supervisors (foreman, heavy operator, sub-engineer, etc.) under category 5 will be Rs. 2,400. This includes Rs. 2,TAG_OPEN_div_125 000 for direct account, Rs. 200 for 10% social security public sector partnership and Rs. 200 for 10% employer partnership.
According to Minister Gautam, the minimum wage rate of intellectual and professional workers has also been fixed. The total monthly amount of basic (administrative) category 1 will be Rs 54,600. This includes Rs 1,750 per day, Rs 175 for social security public sector partnership and Rs 175 for 10 per cent employer partnership.TAG_OPEN_div_123
The total monthly amount of basic (TAG_OPEN_div_121 technical) category 2 will be Rs 76,440. This includes Rs 2,450 per day, Rs 245 for social security public sector partnership and Rs 245 for 10 per cent employer partnership.
The total monthly amount of Category 3 specialists (up to five years of experience) will be Rs 1,TAG_OPEN_div_119 20,120. This includes Rs 3,850 per day, Rs 385 for social security public sector partnership and Rs 385 for 10 per cent employer partnership.
The total monthly amount of Category IV specialist experts (in the case of 5 to 10 years of experience) will be Rs. 163,800. This includes Rs. 5,250 per day, Rs. 525 for 10 percent social security public sector partnership and Rs. 525 for 10 percent of employer partnership.
The total monthly amount of Category 5 expert team leader (in case of 10 to 15 years of experience) will be Rs 207,480. This includes Rs 6,650 per day, Rs 665 for social security public sector partnership and Rs 665 for 10 per cent employer partnership.TAG_OPEN_div_116
The total monthly amount of Category 6 Specialist Team Leader (in case of more than 15 years of experience) will be Rs 2,62,080. This includes Rs 8,400 per day, Rs 840 for social security public sector partnership and Rs 840 for 10 per cent employer partnership. According to the ministry, the minimum monthly wage rate of workers under industries, factories, vendors or manufacturers has also been fixed.
Out of which, the total amount will be Rs 32,TAG_OPEN_div_112 607 for Category 1 basic assistants (unskilled) (sweeper, office assistant, etc.). This includes Rs 27,172 per month in the account and Rs 5,435 which is 20 per cent of the social security contribution.
The total amount of basic artisans (unskilled) (security guards, light drivers, jammers, etc.) in Category 2 will be Rs. 38,448. This includes the monthly rate of Rs. 30,373 in the account and Rs. 6,075 which is 20% of the social security contribution.TAG_OPEN_div_110
The total amount of semi-skilled helpers and service workers (security guards, light drivers, assistant mechanics/operators, etc.) of Category 3 will be Rs. 39,242. This includes the monthly rate of Rs. 32,701 and the social security contribution of Rs. 6,441, according to the ministry.
The total amount of skilled artisans and assistant supervisors (machine/computer operators, etc.) of Category IV will be Rs. 43,431. This includes Rs. 36,192 at the monthly rate of Rs. 36,192 and Rs. 7,239 for Social Security contribution.TAG_OPEN_div_106
The total amount of highly skilled and supervised (foreman, heavy operator, supervisor, sub-engineer, accountant, etc.) of Category 5 will be Rs. 45,844. Out of this, the monthly rate of account is Rs. 38,203 and the social security contribution is Rs. 7,641.TAG_OPEN_div_104
In addition to the minimum monthly wage, the employer should also provide festival expenses, holidays and allowances to the workers as per the prevailing law.TAG_OPEN_div_102
According to the procedure, the social security and registration of the workers should be made mandatory. Contractors, labor suppliers, industries, factories, consultants and other service providers participating in government contracts and public procurement will have to deposit regular contributions by enrolling all their workers in the social security fund. Free registration and identity card of every worker should be provided.TAG_OPEN_div_100
Employers who are not affiliated to the Social Security Fund will not be allowed to participate in the public procurement process. If it is proved that the workers have not been included in the fund, the concerned firm or company will be barred from participating in the public procurement. The ban will be lifted after all the workers submit proof that they have been included in the fund.
Along with the wages, the government will also have to contribute to social security. The government will pay 10 percent of the 20 percent contribution to the social security of the workers in construction work and consultancy services. For example, a highly skilled worker who gets a daily salary of Rs 2,000 will contribute an additional Rs 400 to the social security. Out of this, Rs 200 will be borne by the government and Rs 200 will be borne by the employer. In this way, the workers will also get the protection of social security along with their wages. Daily wage earners and short-term workers will also be included in the social security system from day one.TAG_OPEN_div_96
} The procedure states that the wages of the worker should be deposited directly in his bank account. The middleman cannot take commission, collect fees for getting the work done or deposit the amount in the bank account and take it back by pressuring him. If it is proved that the wages of the worker have not been paid, the government can deduct from the amount to be paid to the contractor and pay it to the account of the worker.
Provision of safety equipment, clean drinking water, toilets and first aid at the workplace has also been made mandatory. In case of an accident, it will be the responsibility of the employer to provide immediate rescue and treatment. Government agencies will facilitate insurance, compensation and rehabilitation.TAG_OPEN_div_92
TAG_OPEN_div_90 The procedure states that not only permanent but also part-time workers, daily wages, temporary, seasonal and short-term workers will be registered free of cost and will get identity cards. An electronic record of their work, wages and social security contributions will be kept.
If there is a change in employment or personal details, the information will be sent to the worker’s mobile through SMS. This will help in ensuring workers’ rights, transparency and accountability by including informal labor in the formal economy.
{{TAG_OPEN_div_86} The procedure also ensures that the grievances of the workers are heard and their rights are protected. In case of non-payment, treatment or facilities in an accident, harassment at the workplace or violation of other rights, the worker can file a complaint orally, in writing or electronically.
The employer will have to resolve the complaint within seven days. If the complaint is not resolved or is not satisfied, the worker can directly file a complaint with the local Employment, Skills and Entrepreneurship Center or the Workers’ Welfare Unit. The local center will have to inform the concerned party within three days and initiate a solution within 15 days. If it is not resolved, it will be sent to the Labour Office or the investigating body according to the nature of the offence. The identity of the complainant will be kept confidential and no one will be allowed to be fired, deducted, threatened, or retaliated against for the complaint.
According to Minister Gautam, important relief has also been provided to the businessmen and service providers. While ensuring the rights of the workers, the financial and business interests of the contractors, consultants and other service providers working with the government have also been taken into consideration.TAG_OPEN_div_82
The government will bear 10 per cent of the 20 per cent social security contribution of the employer for construction and consultancy services. This will reduce the cost burden of the businessmen. An additional 10 per cent will be included for social security in the preparation of the cost estimate of the new construction and consultancy services. This will help the businessmen to compete according to the actual labour cost.TAG_OPEN_div_80
The overhead amount can be included in addition to the prevailing cost in the estimate of the cost of purchasing consultancy services. Also, the certified monthly labor report submitted by the businessman will be considered official. Different details will not have to be submitted to different agencies again and again on the same subject.
Similarly, businesses that violate the provisions related to workers’ wages, social security and other rights will be issued a red card for the first time and instructed to make corrections within a maximum of 30 days. If the red card is still in place, it will be recommended to be blacklisted for at least one year.
} The businessman who deposits wages in the account of the worker and recovers the money by pressuring them to recover the money will be blacklisted for the maximum period in the first instance. The bill payment will be stopped until the weakness of the businessman who does not pay wages for more than three months, employs foreign workers without a labor permit or serious negligence in workplace safety.
Firms or companies that do not include workers in the Social Security Fund will be barred from participating in public procurement. Before taking action, the concerned party will be given an opportunity to submit an explanation in accordance with the law. This procedure has been issued with the expectation that the labor of the workers should be respected, the investment of the businessmen and the labor cost should be properly protected, and the government projects should be completed on time and quality.TAG_OPEN_div_72
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