News Summary
- The government has transferred labor attachés from the Ministry of Labor to the Ministry of Foreign Affairs through new organizational division regulations.
- Labor experts have opposed the restructuring of labor attachés via regulations contrary to the Foreign Employment Act 2064.
- Following the labor attachés’ transfer, the Ministry of Foreign Affairs has initiated an organizational and management survey on the issue.
22 Jestha, Kathmandu – Labor attachés, considered the primary mechanism for protecting the rights and interests of millions of Nepali workers abroad, have been removed from the Ministry of Labor and placed under the Ministry of Foreign Affairs.
According to the Government of Nepal’s Organizational Division Regulations 2083, the responsibility of labor attachés is now assigned to the Ministry of Foreign Affairs. Section 68 of the Labor Act mandates that in countries with at least 5,000 Nepali workers, labor attachés must be appointed from officers listed in the gazette. This means labor attachés should be appointed from administrative service officers of grade three or above. However, currently, personnel from the Ministry of Labor are being designated as labor attachés.
Contrary to the provisions of the Foreign Employment Act 2064, the government has shifted labor attachés under the Ministry of Foreign Affairs through revised regulations issued by the Cabinet. According to labor administration officials, the regulations have altered the required staffing structure, which previously mandated gazetted third-grade officers for this role.
Experts in labor administration and foreign employment have condemned this move as a serious manipulation against workers. They argue that the Cabinet has undermined the Ministry of Labor’s authority through regulations that contradict the intent of the Foreign Employment Act enacted by Parliament.
Officials from the Ministry of Youth, Labor, and Employment state that this issue is not merely about staff management but pertains to the overall governance system of foreign employment.
Areas such as demand certification, manpower company regulation, labor approval, worker rescue, compensation, grievance handling, repatriation, and welfare programs are still operated through the Ministry of Labor and the Department of Foreign Employment. Thus, placing labor attachés under the Ministry of Foreign Affairs creates structural imbalance, they argue.
According to an official from the Ministry of Labor, the primary responsibility of labor attachés is not diplomacy but protecting workers’ rights. Labor attachés have been engaged in rescuing workers, resolving employer-employee disputes, assisting imprisoned or stranded Nepalis, repatriating deceased workers’ bodies, initiating bilateral labor agreements, and advising workers.
“The Ministry of Foreign Affairs primarily focuses on diplomatic relations and protocol, whereas the labor attaché’s role involves workers’ labor rights, social security, and protection,” said the official. “Therefore, it is appropriate to maintain the labor attaché within the Ministry of Labor’s administrative framework.”
Dissatisfaction has emerged even within the Ministry of Labor regarding the government’s decision. Officials briefed the Secretary and Minister, recommending that labor attachés should not be moved to the Ministry of Foreign Affairs. However, the Cabinet ignored these suggestions and amended regulations accordingly, sources reveal.
Regulations Overriding the Act
Legally, the government’s decision has been questioned. According to Nepal’s legal system, regulations are subordinate to Acts. However, disregarding the spirit of the Foreign Employment Act passed by Parliament, the Cabinet has changed the labor attaché structure through subsidiary regulations.
Labor administration officials warn that such actions increase the risk of executive interference in other legal frameworks in the future.
By legal principles, regulations issued by ministries or the Cabinet cannot override Acts enacted by Parliament. Yet the government has transferred this matter to the Ministry of Foreign Affairs relying solely on revised regulations without amending the Act.
The government’s move challenges the supreme authority of Parliament by assimilating labor attachés into the Ministry of Foreign Affairs based on regulations serving narrow interests.
Previously, the Organizational Division Regulations 2074 were consistent with the Act, but the new regulations violate established legal standards, say Ministry of Labor officials.
Contradicting the ‘Fully Labor-Centered’ Principle
Labor expert Rameshwar Nepal expressed strong opposition, stating, “The matter of labor attachés is entirely a core labor issue, and transferring it from the Ministry of Labor to the Ministry of Foreign Affairs is wrong.”
He added, “The work of the Ministry of Foreign Affairs is diplomacy, not labor management. Therefore, transferring labor attachés to the Foreign Ministry is unacceptable.”
One of the main functions of Nepali embassies in Gulf countries (Qatar, Saudi Arabia, UAE, Bahrain) and Malaysia is addressing labor issues.
“If there were not four hundred thousand Nepali workers in Qatar, our embassy there would be unnecessary,” he said. “Even the Consulate General in Kolkata operates under the Ministry of Finance though it coordinates with the Ministry of Foreign Affairs. Similarly, labor attachés should work under the Ministry of Labor while maintaining coordination.”
Against Nepal’s principle of specialization, the government’s decision to place labor attachés under the Foreign Ministry risks weakening workers’ issues. Additionally, moving the Social Security Fund out of the Ministry of Labor is expected to create further problems.
“The Foreign Employment Act 2064 provides inter-ministerial coordination among various agencies,” he states. “The Ministry of Foreign Affairs does not retain all units but should cooperate with the Ministry of Labor; wanting to control everything is impractical.”
The experts worry that the government’s attempt to centralize all authority and agencies in one ministry or center will complicate the foreign employment sector.
With millions of youth leaving for foreign employment annually and numerous complaints and rescue incidents occurring abroad, demands to strengthen the role of labor attachés have increased. However, the government appears to be weakening it administratively.
Instead of enhancing the number, capacity, and performance of labor attachés, the decision to structurally weaken them indicates prioritizing inter-employee power struggles over workers’ interests.
The Ministry of Foreign Affairs has stated it is currently conducting an organizational and management survey (ONM survey), which began after labor attachés were placed under its jurisdiction per the Organizational Division Regulations. Once the final report is received, necessary procedures will follow.
Claim of Improved Foreign Employment Management by Transferring Labor Attachés
The Ministry of Foreign Affairs asserts that transferring labor attachés under its wing aims to make the foreign employment sector more organized, efficient, and worker-friendly. Officials believe that advancing foreign employment issues through ‘labor diplomacy’ will enhance protection of Nepali workers’ interests and coordination with destination countries.
A Ministry of Foreign Affairs official explained that labor management and labor diplomacy are distinct topics, noting that the Foreign Minister himself gets involved in handling issues related to Nepali workers abroad.
While labor management primarily relates to internal administration, coordinating with foreign governments, organizations, and employers to protect workers’ rights falls under diplomatic responsibility, the official said.
The Foreign Ministry highlights that having both labor attachés from the Ministry of Labor and ambassadors reporting separately within diplomatic missions causes performance issues. Dual command structures within a mission affect decision-making and coordination.
According to the Foreign Employment Act, when disagreements arise between ambassadors and labor attachés on labor matters, the labor attaché’s decision prevails. This arrangement weakens leadership clarity and accountability within missions, the Foreign Ministry argues.
They claim that destination countries prefer dealing with personnel appointed by the Ministry of Foreign Affairs, skilled in diplomatic dialogue, formal correspondence, international negotiations, and government coordination.
“In some sensitive cases like repatriation of deceased workers’ bodies, Foreign Ministry staff often lead the process; however, responsibility and credit go to separate structures,” the official noted. “Even in the host countries, Foreign Ministry staff are recognized as authorities.”
The Ministry of Foreign Affairs concludes that bringing labor attachés under its jurisdiction will strengthen foreign employment service delivery, coordination, and diplomatic initiatives.
