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Of Bhutanese Labour Law and Its Toothless Bite

Last week, the National Council Members debated on ways to give Labour Ministry the teeth it required by instituting a tribunal to look at the cases and resolve it amicably.  This comes after seven years of having Labour Law passed in the parliament.

The National Council Reasoned in Kuensel, “Without a labour tribunal, the labour and human resources   ministry (MoLHR) is confronted with serious challenges in ensuring adherence to laws with regards to labour issues . The labour tribunal was expected to offer quick, informal and inexpensive way of settling disputes between employees and employers.”

Out of the many cases that was left unresolved, my father’s case was one of them. The Regional Employment and Labour Office, Phuentsholing, made every effort to get it resolved. After through investigations, they issued letter to Chief Executive Officer of   Food Corporation of Bhutan to pay all the benefits.

However, it only took one call from their Director to mess up everything. This shows that there is no need for Tribunal or Set procedures if months of investigations and law at hand is not put to proper use. The Labour Ministry made mockery of themselves in the eyes of people like me who have been seeking justice for the past many many months. My analysis about the labour Ministry is that, it is more of stumbling block than the solution. If the Labour Ministry, as custodian of Labour Law cannot uphold the Labour, it has little meaning in its existence. So the concept of Labour Tribunal may be another layer of bureaucratic procedure that will act as  stumbling block to delay justice.

I believe that Law is not an invention of the strong to chain and rule the weak, nor is it an invention of the weak to limit and hold back the strong. It has two objects: to define and restrain wrongdoing, and to guide the simple.

To guide those who are unfortunately lacking in this positive morality, and to protect society and our freedoms, we have developed over the centuries a system of rules. These rules, the outgrowth of man's experience with life, respect the right of men and women to live their lives as they desire, provided they do not trespass on the rights of others.
From the earliest days of mankind, we have sought justice, and generation after generation has started the search anew.
What seems wholly just to us today is likely only the merest pinpoint of what we should see if we were to shift our point of view. Our justice would appear full of faults were we to climb a little higher so that we might compare it with what we shall call justice tomorrow.
There is nothing in the law which we cannot understand if we seriously desire to do so.
There have been irrational things done in the name of building a code of law, but one cherished theory running through all attempts is that law tries to achieve justice.
"Under shelter of the law" are key words. Our greatest danger is crime, which is made up of breaches of law and order, offences against individuals, and offences against families, communities and country. If we have no security of life, liberty and property, built upon a firm national structure, we run the danger of our democracy falling in pieces.
While one of the virtues of law is that it shall be constant, so that what was right yesterday shall be right today, there are great numbers of jurists giving attention not only to what the law is but also to what the law should be. Law must be considered in relation to the circumstances within which it operates.
Our social progress, due to many factors such as technology, increased population, and rising standards of living, demands that the law shall not lag too far behind the changing conditions that accompany it. Our law represents what we consider proper at this moment, and a half—century from now the law of Bhutan will likely be substantially different from what it is today. Perhaps we are like the Athenians of whom the great law—maker Solon said when asked if his laws were the best: "I have given them the best they were able to bear."
 The justice we mean is not the kind that refers merely to the treatment given a person who breaks the law. We are not going to look down a narrow corridor of legal thought to where a cold marble Justice sits blindfold, with a sword in her right hand and scales in her left.
Justice is more than an instinct for preservation, more than a product of our reason, more than a sentimental force. Once in a while we startle ourselves when our unconscious thought brings us face to face with a revelation of justice.
The precepts of legal justice are these: to live honourably, to injure no other man, to render to every man his due.


Karma Pelden said…
This is such a wonderful thought coming from refined education and intellectual brainstorming.
Sangay Passa said…
So true. If labour ministry cannot implement their own law,then who can. Like author say, what use is tribunal and other machinery if what is right in front of you is not utilised?
Rashid Devkar said…
Bhutanese are good at making laws but when it comes to implementing...the author has given whole panaroma of Bhutan's law. well done article.
Sangay Dema said…
Wonderful thoughts.
Gorap said…
A sublime thought. I think Rashid Devkar is right in saying that Bhutanese are good in making laws and not implementing it.
Sampa Lhendup said…
Fucked up FCB CEO. Don't worry about the consequences Tshering. I think FCB CEO will have lots of things to answer very soon.
Dechen Tshomo said…
law will take its own course so have patience till than young man. so long you have all the papers with you, what the hurry?
Dechen Tshomo said…
This fight should be story of David n Goliath. Well done Tshering. I like the way you manage FCB CEO.He is psycho.He shud go n have himself medically checked.
Sambu said…
there is neither rules nor law when it comes to fcb ceo. just wondering how he is running the company/
Anonymous said…
be careful about the sangay wangdi guy once again. he is the mastermind of all the problems that has come out.
Anonymous said…
is that bastard still there???
Anonymous said…
all the bastards are still there...not just sangay wangdi including ceo, ugyen chedup, pema wangchuk and others
Anonymous said…
aw...karma nidup should have resigned on moral ground by now before it goes to court. this is problem with bhutabnese leaders. other places, u first resign and then case starts. how can he be there when he is the subject of interrogation.
Sonam Jamtsho said…
karma nidup is there basking his ass. he doesnt even know what he is doing also. people across minsitry of agriculture and forest are all abuzz with what he has done at fcb.
Dechen Tshering said…
I appreciate the courage and patience you have in fighting FCB. Take it cool and see that all things are exposed in open.
Anonymous said…
dont leave that pema wangchuk, sangay wangdi, ugyebn chedup and karma nidup. the son of bitches should be treated with what they deserve.they should go to Chamgang jail and see their types there. and also dont leave sfo kezang. he is also not bad when it comes to manuipulating.
Lhakpa Tshering said…
Wonderful article. Can we publish it in our Educational Journal this year?

Lhakpa Tshering
Education Ministry
Sangay Zangmo said…
Great though, great people. Like the way you write things. It is reflection of our society and people. Do continue to contribute and provide thought provoking ideas.
Kezang Phuntsho said…
Tshering, good that you presented FCB to Gedu College as case study on ethical behaviour. The case study was very well received by the students and faculty alike. They were impressed with the amount of evidences you collected and investigations you conducted. This is what we expect from Bhutanese intellects like you. We look upon breed like you to show examples.
Very well done.We look forward to more session like this in future and we also hope that you will get to present this paper in places like Sherubtse and other institutes.

Kezang Phuntsho
Gedu College of Business Studies
Sunanda Pokhrel said…
I think other lecturers should come up with real life situations like FCB case study which is very relevant to our study. FCB case study showed us how corporate scandal happen even in small country like Bhutan.

Activist and intellect should try to prevent such scandal because it involves huge fund and resources.
Sonam Pemo said…
it feels great to learn from sir about corporate culture and risks. this is the first time we are taught ethical behaviour and it really meant so much to us. thank you sir for live examples and case study on FCB. We will keep track of the developments and updates.
Karma Samphel said…
Law is the ultimate shelter under which innocent can take refuge. That is the reason why there is so much clamour for legilation. If people like FCB CEO do not take heed of the law being passed from the highest body, it is time to question the need for law and all these election hallla bullu.
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Unknown said…
Trekking in Nepal…Family Adventure style
The towering Himalayas are, to many travellers’ minds, the chief reason for visiting Nepal. The country tumbles steeply down from the 800km stretch of the Himalayan battlements that forms its northern border, and can claim no fewer than eight of the world’s ten highest peaks – including, of course, Everest, the highest of them all. The mountains are more than just physically astonishing, however. The cultures of highland-dwelling Nepalese peoples are rich and fascinating, and the relaxed, companionable spirit of trekking life is an attraction in itself. The Himalayas have long exerted a powerful spiritual pull, too. In Hindu mythology, the mountains are where gods go to contemplate, while the Sherpas and other mountain peoples hold certain peaks to be the very embodiment of deities.
Most visitors to mountain areas stick to a few well-established trekking routes. They have good reasons for doing so: the classic trails of the Everest region with its famous trails like Everest Base camp trek and the 3 high passes are both mind blowing ventures and highly popular in the world. And Annapurna regions are so popular because they offer close-up views of the very highest peaks; this includes Annapurna 1 & 2, fishtail peak and Ganesh Himal trek. Famous treks like the Ghorepani Poon Hill Trek, Annapurna Base camp trek & the Annapurna Circuit trek are some of the most famous on earth. Dramatic scenery and fascinating local cultures are most known in this area. Lodges on the main trails – some as sophisticated as ski chalets, these days – make it possible to go without carrying a lot of gear or learning Nepali, and without spending too much money, either. While trekking, you’ll likely eat and sleep for $20–30 a day. For those who put a high priority on getting away from it all, there are plenty of less-developed routes, of course, and simply going out of season or taking a side-route off the main trail makes a huge difference.
The Helambu and Langtang regions are less striking but conveniently close to Kathmandu, attracting a little fewer than ten percent of trekkers. The Langtang valley trek & the Ganja-La pass are known trails in this area. This leaves vast areas of eastern and far western Nepal relatively untrodden by visitors. To hike in these areas you’ll need either to get set for camping and carry your own supplies, and live like a local, or pay to join an organized trek with tents and accept the compromises that go along with that.
With a good operator, you can anywhere in the wild. A Great Himalayan Trail now runs the length of highland Nepal – though it will be for some time, if ever, before such a route will be serviced by lodges.
Treks in remote far eastern and far western Nepal are mostly restricted to two kinds of globe trotters, both adventurous in their own way. The majority come on organized camping treks with agencies – in fact, this is obligatory for those areas that require a permit. The minority are independent trekkers prepared either to carry tents and food or negotiate with porters, or to seek food and lodging in local homes and basic lodges. Some great camping outdoors include the Manaslu circuit Trek, Upper Mustang trek the Dhaulagiri circuit, Rara lake trek and the great Kangchenjunga trek, both north and south.
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Anonymous said…
There are employees who were influenced and made to hide truths by the earlier management. Corrupted Karma Nidup left the corporation without getting contract extension, desperate and greedy karma took all assets of company place at his resident. Though he is out, he has trapped several employee for aiding in his conspiracy. Its time they come forward and confess truths. Druk Food Inventory system was not a reliable one and users got to be extra careful assessing the system. System audit is must.

Despite so many allegation against Sangay Wangdi (FECD general manager) is being send for training and long term study leave which was not eligible. He is one corrupted and sly who always look for loops holes to gain something from the company. His past cases are still on pending...Somehow Sangay Wangdi is involved in Sugar Case and he is tagged with Pema Wangchuk SamdrupJongkhar RM.

Well, Pema Wangchuk -RM of Samdrup Jongkhar is another folk who misuse his power and authority. he pretends to be always supportive for his employee but go to hell ...he is another sly and corrupted person who has no respect. There are allegation against him involving in mishap of RICE. this case must outcome with final finding and actions.
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Himalayan Guide said…
Manaslu Tsum Valley Trekking is freshly open trekking path in Manaslu region. Manaslu Tsum Valley trekking supply stunning Himalayan views of Mt. Manaslu 8163m, Mt. mountain peak 8167m, Mt. Annapurna8091m, twenty-three different mountain peaks, stunning landscape, Tsum Valley and mixed Nepalese culture. Manaslu Tsum Valley trek could be a sacred Everest Trekking Routes circled by the Baudha Himal and Himal Chuli to the west, Ganesh Himal to the South and Sringi Himal to the north. Tsum Valley trekking is finite by 3 high passes Ngula Dhoj Hyang (5093 m.) to the west and Yamdro Pass (5326 m). Tsum word comes from the Tibetan word 'Tsombo', which suggests vividly. Manaslu tsum natural depression trekking tour is restricted trekking in the Kingdom of Nepal and needed special trekking to allow through legal Nepal trekking agency and minimum 2 people participant obligatory trekking in Manaslu Tsum natural depression space. The smart good shape and minimum 3 we tend treks vacation needed for Tsum Valley Trekking, however, Everest Trekking Routes prepare customized trekking service as per trekkers want and vacation schedule. Fall & spring season is the best time trekking in Tsum natural depression, however, we tend to ETR prepare around the year as per trekkers vacation schedule.Manaslu Tsum Valley trekking begins at Arughat Bazaar Gorkha once 6-7 hours drive from Kathmandu. Everest Trekking Routes trekking guide LED through stunning Valley of Machhikhola, Jagat Lakpa River Dupchet and at last reach the Tsum natural depression. Tsum natural depression Trekking has completely different choices Manaslu Circuit Larke larke la pass trekking, Tsum Valley, Manaslu circuit trekking, Manaslu Rupina La pass trekking or solely Tsum natural depression trek begin from Arughat and finish at the same place. Ordinarily, inhabitation / tented trekking is additional appropriate and cozy for Manaslu Tsum Valley trekking however currently a day’s tea house/lodge trekking is worn out this space. We tend to Everest Trekking Routes prepare either tea house or inhabitation trekking as per trekkers want and need. We’ve mentioned below 3 completely different choices trekking in Manaslu tsum Valley, however, trekking itinerary style in keeping with travelers/trekker’s demand.the part of Annapurna and Ganesh Himal between Wilderness and Restricted area of Nepal.

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Just as Royal Institute for Governance and Strategic Studies took helm to train world class leader in Bhutan, I am left determined to ask some pertinent questions that has been chiseling my mind for very long time to one of the privileged candidates of RIGSS, the Chief Executive Officer of Food Corporation of Bhutan. The question concerns ethics in business and moral responsibility as Chief Executive Officer of one of the oldest companies in Bhutan.    I bring forth this question because I could not keep quiet and it concerns ethical issues which touches the depth of human nature.  As a writer, I have always sought for refuge in my conscience. After having tolerated the swamp for very long time, I thought there are million reasons to ponder upon this case. Mr. Champay joined the service of FCB in March 1975 after completing class IX from Tashigang Central School. On August 31st, 2012, he reached superannuation age of 58 years and completed 37 years of service. As per the FCBL S