The former Department of Employment and Labour (DEL) was bifurcated into two independent departments to establish the Ministry of Labour and Human Resources in 2003. While the responsibility of employment promotion and facilitation of DEL was entrusted to the Department of Employment, Department of Labour was assigned with the responsibility of labour administration in the country. Labour administration is guided by the labour administration policy and the Labour and Employment Act of the Kingdom of Bhutan, 2007 and its Regulations.
VISION
” A Nation with just and fair labour administration system promoting GNH. ”
MISSION
” To promote and protect the wellbeing of both the employers and employees through sound labour policy, labour relations management, tripartrism, social protection and healthy and safe working conditions. ”
MANDATE
- Protection of workers’ rights and vulnerable groups;
- Placing job security at the workplace;
- Promote decent working conditions and safer working environments;
- Promote fair and just work place;
- Alleviation of poverty through benefits like provident fund, gratuity & various compensations;
- Disseminate information about Labour related laws, rules and regulations and other executive orders in place;
- Establish good working relationships at workplaces;
- Promote a fair social protection and welfare system in the country;
- Facilitate employment of foreign workers where national workers are not available. (foreign workers against the government ceilings);
- Manage revision of the National Minimum Wage Rate with the government;
- Promote employment creation; and
- Promote tripartism in order to create conducive working environments.
The Department of Labour delivers its services in the areas of labour protection, social protection, foreign workers administration, and labour relations through the following four divisions:
- Labour Protection Division;
- Social Protection Division;
- Foreign Workers Division;
- Labour relations Division.
LABOUR PROTECTION DIVISION
The Labour Protection Division is mainly responsible for enforcing Labour and Employment Act, 2007 and its compliance by the private and corporate sector and its employers and employees. Specific function of the division are as follows:
- Inspect enterprises on working conditions and work environment as empowered by the Labour and Employment Act, 2007;
- Educate, inform and advice employers, management and workers on the content and meaning of the laws, encourage self-compliance, adopt self-inspection and gain compliance through enforcement measures;
- Monitor the implementation of Act and Rules and Regulations with an aim to identify weaknesses and shortcomings thus, enabling improvement to be made;
- Report on the outcome of each inspection visit and prepare regular reports on the operation of labour inspection section;
- Coordinate and share information with all other departments and agencies, both government and private, concerned with labour inspection and labour protection;
- Assist the Head of Department to shape new policies by collecting information, undertaking basic research, and assisting in drafting policy papers on wages, sexual harassment and occupational health and safety;
- Supervise the work and operations of labour inspectors in the regional offices;
- Implement and enforce OSH rules and regulation and laws governing OSH at work places;
- Ensure working environment at work places is healthy and safe for workers and general public;
- Conduct research on new safety and health problems and issues and measures to reduce work related illnesses and injuries;
- Develop recommendations on OSH standards;
- Conduct training and educate workers, employers, inspectors and general public on OSH;
- Promote safe and health at work places through recommendations and capacity building of enterprises;
- Assist general inspectors on technical issues at workplaces during inspection;
- Develop a centralized inspection facility to provide the necessary clearances (to ensure that imported machinery, equipment and substances are safe prior to their installation and use);
- Take measures to reduce occupational diseases through constant monitoring of workplaces on substances used, noise pollution, dust, heat, illumination, vibration, confined spaces and ventilation, and
- Gradually to extend services, particularly concerning occupational health and safety, to workers not covered by formal contractual agreement including self-employed persons, family businesses and farmers.
LABOUR RELATIONS DIVISION
This division is responsible for promoting and ensuring harmony at the workplace in accordance to the Labour and Employment Act, 2007 and its Regulations. Specific functions of the division are as follows:
- Assist in formulating policies, programs, workplace grievance procedures and activities to promote individual and collective workplace harmony and co-operation and minimize the number and impact of workplace conflicts and disputes;
- Educate and Inform workers, employers, relevant government officials, and wider society on the nature and purpose of a labour relation system in the country;
- Train workers and employers at enterprise level on labour relation process and interaction skills including communication, consultation and negotiation;
- Resolve dispute through information and advice, conciliation and mediation;
- Support technically and administratively, the operation of an arbitration and dispute settlement mechanisms;
- Promote workplace harmony and co-operation through enforcement and compliance of the laws;
- Provide advice and information to employers and employees about their rights and obligations;
- Investigate the nature and causes of labour disputes and assist the disputing parties to resolve disputes amicably;
- Educate the conciliators and arbitrators on the provisions of the Act, their roles and responsibilities;
- Review the rights dispute cases that the Grievance and Complaints Section is unable to resolve;
- Represent the ministry in a court of law;
- Prepare charge sheet not only on labour disputes but also on other violations and prosecute defaulters in a court of law, and
- Provide legal opinions to the Ministry and Departments as and when sought on legal matters pertaining to employment, labour, and human resources development, etc.
FOREIGN WORKERS DIVISION
Foreign Workers Division is mainly responsible for assessing the need of the foreign workers in the country and providing approval accordingly. Specific functions of the division are as follows:
- Review applications for foreign workers and accord approval to recruit and employ foreign workers in line with the policies, norms and rules and regulations;
- Monitor proper utilization of foreign workers by employers;
- Ensure repatriation of foreign workers when validity of work permits expire;
- Ensure that foreign workers receive equal treatment;
- Ensure that every foreigner who is working in the country possesses valid work permit;
- Ensure that both employers and foreign workers abide by other provisions of the Labour and Employment Act, 2007 and its Rules and Regulations;
- Monitor the performance of Foreign Workers Recruitment Agents and strengthen them through supervision, inspection and training;
- Recommend revision/changes in the foreign workers policies, rules and regulations and recruitment procedures;
- Liaise with Department of Immigration on issues related to management of foreign workers;
- Assess the need for foreign workers and recommend to the government from time to time for quotas for:
- The maximum number of foreigners who may work in the Kingdom,
- The maximum number of foreigners who may work in specified industries, occupations or both in the Kingdom, and
- Propose closure of occupations to foreigners that can easily be taken up by Bhutanese.
- Ensure that the Labour Net functions smoothly 24 hours a day and 7 days a week;
- Generate reports on foreign workers as and when required by the Department, Ministry and Government;
- Ensure that the foreign workers database and information is secure and is not made accessible to unauthorized persons; and
- Continuously review the capacity and functioning of the Labour Net and suggest remedial measures.
SOCIAL PROTECTION DIVISION
The core responsibility of Social Protection Division (SPD) is to promote and ensure social security of workers in the country. It is also responsible for reviewing and revising the National Minimum Wage rate periodically. Specific functions of SPD are as follows:
- Conduct study and research on social protection issues in the country and propose recommendations to the government for decision;
- Review the existing provident fund and gratuity schemes and see how, if at all, they can be integrated into a wider pension scheme;
- Draw up a comprehensive administrative and operational framework for social protection including arrangements for decentralized service;
- Plan and implement public awareness campaigns on social protection targeted to employees in the corporate and the private sectors;
- Arrange public forum to discuss social protection issues;
- Produce and disseminate public awareness material on social protection issue; and
- Draft Rules and Regulations on gratuity and provident fund and enforce them through the inspections system.
