chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 38: Prohibition on deduction of remuneration
1) Except in the following circumstance, no amount shall be deducted from the remuneration receivable by the labour:
(a) Any tax, fees leviable under law,
(b) Any amount of contribution required to be made for the provident fund or insurance or any other social security,
(c) Any amount required to be deducted pursuant to the order or decision by any judicial or quasi-judicial body or arbitration,
(d) Such amount as prescribed for such service or facility provided by the employer to the labour as prescribed,
(e) Amount of remuneration for the period during which the labour remains absent from the work,
(f) In the event of loss of or damage to cash or in-kind of the employer with ulterior motive or recklessly, such amount as mentioned in the cash or in-kind book or the amount equivalent to the production cost in the case of a manufactured good,
(g) Such amount as specified in the collective agreement to be deductible from remuneration,
(h) Membership fee chargeable by the trade union,
(i) Amount of loan or advance provided or paid to the labour by the employer.
2) While deducting the amount pursuant to sub-section (c), (d), (e), (f), (g), (h) or (i), it shall be deducted from the monthly remuneration that remains after deducting the amounts set forth in sub-sections (a) and (b).
3) The limit of procedure and other provisions relating to the amount deductible under sub-section (2) shall be as prescribed.
4) Where a labour dies or is relieved of service for any reason whatsoever before the amount deductible pursuant to this Section is deducted, such an amount may be deducted from any amount whatsoever payable to such labour.
5) Where the amount to be deducted cannot be recovered even after making deductions pursuant to sub-section (4), and the labour has died, the employer shall give notice of fifteen days to his or her heir under the law for the payment of such an amount.
6) Where the amount is not paid even within the period referred to in sub-section (5), the employer may make a petition to the court for the recovery of such an amount within thirty-five days of the expiry of the period.

Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 39: Remuneration for reserve period
Where a labour is held in reserve pursuant to this Act, the employer shall pay half the remuneration to which he or she is entitled until the work is resumed.
Provided that such labour shall not be required to make attendance in the workplace during the reserve period unless the requirement of attendance is mentioned in the notice on holding the labour in reserve.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 40: Weekly leave
A labourer shall get one day of weekly leave each month.
Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 41: Public leave
1) Each labour shall each year get a paid public leave of thirteen days, including May Day, and fourteen days, including International Women’s Labour Day, in the case of a female labour.
2) Notwithstanding anything contained in sub-section (1), the public holidays in the case of an enterprise shall be as determined by the regulatory authority, if any, that regulates such an enterprise and as determined by the employer in the other situations.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 42: Substitute leave
1) A labour who is involved in work that must not be stopped or must be done continuously shall get the substitute leave in consideration for having worked on any day of weekly or public leave.
2) Any labour who has been engaged in work on a day of weekly or public leave shall be provided with the substitute leave within twenty-one days of the date of engagement in work.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 43: Home leave
1) Every labour shall get paid home leave at the rate of one day for twenty days of the period he or she has worked.
2) A labourer who is employed in an educational institution or who gets summer or winter leave shall not get home leave.
Provided that where such leave is less than the period of home leave, the labourer shall get home leave for such number of days as is so lesser.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 44: Sick leave
1) A labourer shall get paid sick leave twelve days a year.
Provided that a labour who works for a period of one year or less than one year shall get the sick leave proportionately.
2) A labourer who seeks sick leave for more than three consecutive days shall submit a certificate for his or her medical check-up by a recognised doctor.
3) Where labour has to take leave because of sudden illness, the labour shall inform the employer or the person specified by the employer through the fastest means to the extent available.
Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 45: Maternity leave
1) A pregnant female labourer shall get maternity leave for a total of fourteen weeks before or after delivery.
2) A pregnant labourer shall compulsorily take leave from at least two weeks before the expected date of delivery to at least six weeks after the date of delivery.
3) A female labour who takes the maternity leave referred to in sub-section (1) shall get full remuneration for sixty days and shall not get remuneration for the remaining period.
4) Where a recognised medical doctor recommends that the female labour who has delivered a baby needs further rest for her or her baby’s health, the employer shall approve unpaid leave of up to one month in addition to the period referred to in the sub-section (1) or sanction such leave to be adjusted with other leave, in continuity with the maternity leave.
5) Where a female labour in a state of seven months’ pregnancy or more than seven months gives birth to a deceased child or suffers miscarriage, she shall get leave as if she made normal delivery.
6) Where the mother dies before the completion of sixty days of the birth of her child, the labour whose wife has so died may take paid leave for the remaining period for the care of the child from the employer for whom he is working.
7) If a male labour’s wife is going to deliver a baby, he shall get paid maternity care leave for a period of fifteen days.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 46: Birth registration certificate to be submitted
Except where a newly born child dies, a female worker who is on maternity leave shall submit a copy of such birth registration certificate as prescribed to the employer.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 47: Remuneration need not be paid
Notwithstanding anything contained elsewhere in this Chapter, where a provision is made that female labour is to receive remuneration for the period of maternity leave from the Social Security Fund, the employer shall not be required to pay, to that extent, the remuneration referred to in this Chapter to the labour for such a period of leave.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 48: Mourning leave
1) Where labour himself or herself has to mourn according to his or her religion or because his or her husband or wife dies or a married female worker has to mourn the death of her father or mother or father-in-law or mother-in-law, such labour shall get a mourning leave of thirteen days.
2) The labour who goes on the mourning leave referred to in sub-section (1) shall get full remuneration.
Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 49: Accumulation of leave
1) A labourer is entitled to accumulate the home leave and the sick leave for up to ninety days and forty-five days, respectively.
2) Where labour is relieved of the service for any reason or dies, he or she or such family member of him or her, as prescribed, shall get the lump sum amount to be set by the last basic remuneration being drawn by him or her for his or her accumulated home leave and sick leave.
3) A labour whose accumulated leave exceeds the period specified in sub-section (1) shall, at the end of each year, get the amount to be set by his or her basic remuneration for the leave of such excess period.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 50: Computation of year
A year shall, for the purpose of leave, be computed on the following basis:
(a) Where it is determined by law, it shall be in accordance with such law,
(b) Where it is determined by the regulatory body, it shall be in accordance with such provision,
(c) Where it is not determined pursuant to clause (a) or (b), it shall be as set out in the employment contract,
(d) Where it is not determined as set forth in clauses (a), (b) and (c), it shall be in accordance with the financial year of the Government of Nepal.

Labour Act 2074

Chapter- 9  Provisions Relating to Leave

Section 51: Leave not as a matter of right
(1) All leaves except the sick leave, mourning leave, and maternity leave, which the labour is entitled to pursuant to this Chapter, are only facilities and cannot be claimed as a matter of right.
(2) In the case of leaves other than that mentioned in sub-section (1), the employer may, for the reason to be specified, refuse, withhold, deduct or alter the time of the approved leave, on the basis of the need of the work at the workplace.
Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 52: Contribution for provident fund
1) The employer shall deduct ten percent of the basic remuneration of each labour, add cent percent to that amount and deposit the total amount for the purpose of provident fund.
2) The employer shall deposit the amount referred to in sub-section (1) in the Social Security Fund in the name of the concerned labour, with effect from the date on which he or she started to work.
3) Notwithstanding anything contained in the sub-section (2), the employer shall, in the following circumstance, deposit such provident fund amount as prescribed:
(a) Until the Social Security Fund is established and comes into operation, or
(b) Until the law relating to the Social Security Fund becomes applicable to the concerned employer.
4) In the case of labour for whom the amount for the provident fund was not contributed before the commencement of this Act, the employer shall contribute the amount for the provident fund from the date of the commencement of this Act.
5) The amount for the provident fund deposited in the retirement fund or any other similar fund established under the laws in force at the time of the commencement of this Act or held in the custody of the employer shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
6) Notwithstanding anything contained elsewhere in this Section, the employer shall make payment of an additional amount equivalent to ten percent of the basic remuneration of such a labour if the amount for the provident fund cannot be deposited pursuant to Section (2) or (3) for any reason.
Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 53: To receive gratuity
1) The employer shall deduct an amount equivalent to eight point three and three (8.33) percent of the basic remuneration of each labour each month and deposit it for the purpose of gratuity.
2) The amount referred to in sub-section (1) shall be deposited in the Social Security Fund in the name of the concerned labour with effect from the date on which such labour begins to work.
3) Notwithstanding anything contained in sub-section (2), the employer shall, in the following circumstance, deposit such amount of gratuity as prescribed:
(a) Until the Social Security Fund is established and comes into operation, or
(b) Until the law relating to the Social Security Fund is applicable to the concerned employer.
4) The employer shall provide the gratuity referred to in sub-section (1) from the date of the commencement of this Act in the case of a labour to whom the gratuity is not required to be paid before the commencement of this Act.
5) The amount for gratuity deposited in the retirement fund or any other similar fund established under the laws in force at the time of the commencement of this Act or held in the custody of the employer shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
6) Notwithstanding anything contained elsewhere in this Section, the employer shall pay to a labour an additional amount equivalent to eight point three and three (8.33) percent of the basic remuneration of such labour if the amount for gratuity cannot be deposited for any reason pursuant to sub-section (2) or (3).
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Extracted from the Act to Amend Certain Nepal Acts, 2075 BS.

Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 54: Medical insurance to be made
(1) The employer shall procure make an annual medical insurance of at least one hundred thousand rupees for each labour.
(2) The premium required for the medical insurance referred to in sub-section (1) shall be borne by both the employer and the labour on a pro-rata basis.

Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 55: Accidental insurance to be made
(1) The employer shall procure accidental insurance of at least seven hundred thousand rupees covering all kinds of accidents for each labour.
(2) The whole premium required for the accidental insurance referred to in sub-section (1) shall be borne by the employer.
(3) If labour dies or gets completely incapacitated mentally or physically as a result of an accident, such labour or his or her legal heir under the prevailing law shall get for compensation the per cent of the amount of insurance referred to in sub-section (1).
(4) If a labourer gets injured or incapacitated in an accident, he or she shall get compensation on the basis of the percentage of incapacitation as prescribed.
Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 56: Amount to be paid by the employer
Where a labour or his or her dependent heir is not able to obtain the amount of insurance because of the failure of the employer to procure insurance referred to in this Chapter or any recklessness or error made in the making of insurance, the employer shall pay an amount equivalent to the insurance to such a labour or dependent heir.

Labour Act 2074

Chapter-10 Provisions Relating to Provident Fund, Gratuity and Insurance

Section 57: Social security scheme to be applicable
Any employer or labour who so makes a contribution to the Social Security Scheme as to be entitled to the benefits, including the provident fund, gratuity and medical insurance pursuant to the law relating to the Social Security Fund, shall not be required to make additional contributions or insurance under this Chapter, to the extent of such contribution.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 58: Labours may be employed through supplier
1) The Ministry shall, on the recommendation of the Council, publish a list of works in which labourers may be employed through labour suppliers by publishing a notification in the Nepal Gazette.
2) While employing labour through a labour supplier pursuant to sub-section (1), the employer shall employ him or her in any work other than the core work of the business or service.
3) While inviting or submitting any kind of proposal or tender for the purpose of supplying or causing to supply labour through a labour supplier or entering into an agreement for the supply of labour, such proposal, tender or agreement shall be invited or submitted or entered into so that the remuneration and other benefits of the labour to be supplied shall not be less than that specified in this Act.
4) Any proposal or tender invited or submitted or agreement entered into contrary to sub-section (3) shall
ipso facto
be invalid.
Explanation: For the purpose of this Section, “core work” means the work mentioned while establishing the business and work directly related thereto.
Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 59: License to be obtained
1) A company that wishes to supply labourers shall obtain a license pursuant to this Act.
Explanation: For the purpose of this Chapter, “company” means any company incorporated in accordance with law.
2) A company that wishes to obtain a license shall make an application in the prescribed format, accompanied by such fees, details and documents as prescribed, to the Office of the concerned area.
Provided that a company that wishes to supply labourers in an area with more than one Office shall make an application in the prescribed format, accompanied by such fees, details and documents as prescribed, to the Department in order to obtain the license.
3) If the content of an application received pursuant to sub-section (2) seems to be reasonable upon its examination, the Department or Office shall, by taking such a deposit or bank guarantee as prescribed, issue the license to such an applicant on such conditions and in such a format as prescribed not later than fifteen days.
4) While issuing a license pursuant to sub-section (3), the work or service and scope of work relating to the supply of labour shall be mentioned in such a license.
Provided that the same company is not allowed to supply labour for more than two works or services,
5) Any organisation or person carrying out labour supply related supply-related business at the time of commencement of this Act shall, not later than six months from the date of commencement of this Act, incorporate a company carrying out the business of supplying labour in accordance with the prevailing company law and obtain the license pursuant to this Section.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 60: Submission of details by licensee
A licensee who has obtained a license from the Office shall submit to the Office, and a licensee who has obtained a license from the Department shall submit to the Department such details as prescribed before the last day of the month of Poush (mid-January) each year.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 61: Obligations of labour supplier
1) The labour supplier shall not perform acts and actions contrary to the conditions or directions as prescribed under this Act or the rules framed under this Act.
2) The labour supplier shall, in the capacity of the employer referred to in this Act, provide such remuneration and other benefits regularly to the labour it supplies as may not be less than that determined under this Act.
3) The labour supplier shall regularly obtain information as to whether or not the main employer has taken or made such measures and provisions or arrangements as required to be taken or made in the workplace for occupational safety and health of the labour and recommend for making such arrangements immediately if it is found that such arrangements have not been made.
4) Where it is found that the main employer has not implemented the recommendation referred to in sub-section (3), the labour supplier shall give information thereof to the Department or concerned Office.
Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 62: Revocation, suspension of license or fine
1) The Department or Office issuing the license may revoke the licence of a labour supplier in the following circumstances:
(a) If the labour supplier makes an application in writing for the revocation of his or her license or
(b) If, in spite of the fine imposed pursuant to sub-section (6), the labour supplier continues to violate the conditions specified or directions issued pursuant to this Act or the rules framed under this Act.
2) Prior to the revocation of a license pursuant to clause (b) of sub-section (1), the concerned labour supplier shall be provided with an opportunity of at least seven days to furnish his or her explanation.
3) A notice of the decision made to revoke the license pursuant to this Section shall be published publicly.
4) Notwithstanding anything contained elsewhere in this Section, if it appears that the labour supplier whose license has been revoked has any financial liability towards the Government of Nepal or any labour, he or she shall not get immunity from the performance of such liability by reason of the revocation of the license.
5) The Department or Office may suspend, as prescribed, the license of any labour supplier if such a labour supplier fails to comply with the terms specified in the directions given under this Act and the rules framed under this Act.
6) If any labour supplier fails to comply with the terms specified in and directions given under this Act and the rules framed under this Act, the Department or Office may impose on such a labour supplier a fine not exceeding twenty-five thousand rupees for the first time.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 63: Payment of remuneration and other benefits
1) In the event of revocation of the license of a labour supplier, such a labour supplier shall pay such amount of remuneration and other benefits as is payable to a labour within fifteen days.
2) In the event of failure to pay the amount of remuneration and other benefits receivable by a labour within the period specified in sub-section (1), the Department or Office that has issued the license shall arrange the payment of such amount from the deposit or bank guarantee furnished or given by such a labour supplier to such a labour at the time of obtaining the license.
3) Where the amount of deposit or bank guarantee is not sufficient to pay the remuneration and other benefits pursuant to sub-section (2), the payment shall be made on a pro-rata basis. If such a labour supplier body is liquidated or dissolved, payment of the remaining remuneration and other benefits shall be made in accordance with the prevailing law. Suppose such a body is continuing other activities without being dissolved or liquidated. In that case, the Office shall give an order for the payment of such remuneration and benefits from its other properties.