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

Chapter-17 Provisions Relating to Internal Management of Enterprise

Section 108: Internal management may be made
1) Every enterprise may, for the purpose of its internal management, make a bye-law as required.
2) Any enterprise, when making a bye-law on service, conditions and benefits of labours, or any competent body to approve the bye-law made by any enterprise, when approving such a bye-law, shall do so make or approve as not to be contrary to the minimum standards set forth in this Act and the collective agreement.
3) The Ministry may, for the purpose of sub-section (1), make a model bye-law as required.
Provided that it shall not be deemed to bar the Nepal Rastra Bank, in the case of banks and financial institutions, and the regulatory authority, in the case of other enterprises, from making bye-laws.
4) One copy of the bye-law made by an enterprise shall be registered in the Office, such a bye-law shall be made available to any labour if he or she wishes to look at.
5) The enterprise shall, when making or amending the bye-law, consult the authorised trade union, if any, in the enterprise and an active trade union if there is no such authorised trade union.
6) Where any provision of the bye-law made by the enterprise contradicts with this Act, prevailing laws or collective agreement, the court may void such a provision of the bye-law or give other appropriate orders.

Labour Act 2074

Chapter-17 Provisions Relating to Internal Management of Enterprise

Section 109: Transfer may be made
1) The enterprise may transfer labour from one office, branch or unit of the enterprise to another office, branch or unit without causing any adverse effect on the conditions of service and benefits of him or her and without making a difference in the nature and level of his or her work.
Provided that transfer may be made in a manner that makes a difference in the nature and level of work in the following circumstances:
(a) With the consent of the concerned labour,
(b) Where the labour is promoted and placed,
(c) As mentioned in the collective agreement, or
(d) To transfer the labour to other work related to the training or skill or educational qualification acquired by him or her.
2) Any labour employed in any one enterprise may, with his or her consent, be transferred to another enterprise.
3) When making a transfer pursuant to sub-section (2), an agreement shall be made as prescribed between the enterprise making the transfer and the enterprise where the labour is transferred on the matter that the service period of the employee to be so transferred shall be added and the enterprise where the labour is transferred to shall bear all benefits to the receivable on the basis of the service period and on other conditions of service.
4) When transferring any labour from the workplace located in the place of his or her permanent residence or to any other place from the existing workplace, the employer shall provide benefits as prescribed.
Labour Act 2074

Chapter-17 Provisions Relating to Internal Management of Enterprise

Section 110: To be deputed as representative
1) Any enterprise may depute its labour to another enterprise to work in the capacity of its representative.
2) Except as otherwise agreed when making deputation pursuant to sub-section (1), the obligations relating to the service and benefits of such a labour shall be vested in the enterprise making such deputation.

Labour Act 2074

Chapter-17 Provisions Relating to Internal Management of Enterprise

Section 111: Formation of labour relation committee
1) The employer of an enterprise where ten or more than ten labourers work shall form a labour relation committee as prescribed.
2) The functions, duties and powers of the committee formed pursuant to sub-section (1) shall be as follows:
(a) To hold discussions as required for productivity increment and improvement in the operating system,
(b) To make an effort to settle any grievance in discussion with the concerned party if the labour has or is likely to have such a grievance,
(c) To improve the working environment of the workplace,
(d) To function in the capacity of the occupational  safety and health committee until it is formed and
(e) To perform such other functions as prescribed.
3) The labour relation committee referred to in sub-section (1) shall meet as required without adversely affecting the working hours of the enterprise.
4) Provisions relating to the formation, procedure and meeting of the committee shall be as prescribed.

Labour Act 2074

Chapter-17 Provisions Relating to Internal Management of Enterprise

Section 112: Performance evaluation of labours by enterprise
1) An enterprise may have a performance evaluation of its labourers generally once communicated to the labourers year.
2) The basis and procedure for the performance evaluation referred to in sub-section (1) shall be determined in a just and reasonable manner.
3) The basis and procedure referred to in sub-section (2) shall be communicated to the labourers before the period for the performance evaluation commences.
4) Upon completion of the performance evaluation pursuant to sub-section (1), the employer or the person designated by him or her shall discuss with the concerned labour about his or her strengths and weaknesses and give a reasonable opportunity to improve the weaknesses.
5) Where the concerned labour disagrees with the evaluation made pursuant to sub-section (4), such labourers shall be required to sign the evaluation form after providing him or her with an opportunity to note down disagreement.
6) Where a labour notes down disagreement pursuant to sub-section  (5), the enterprise shall make a provision for its review.
7) Other provisions relating to the performance evaluation of the labourers shall be as prescribed.
Labour Act 2074

Chapter-18 Settlement of Individual Disputes

Section 113: Submission of individual claims
1) If any labour has an individual claim on any matter related to the right conferred by this Act, Regulation, prevailing laws or collective agreement, such labour may make an application in writing to the employer.
2) In the event of receipt of the application referred to in sub-section (1), the employer shall receive the application and give its receipt to the labour.
3) In the event of receipt of the application referred to in subsection (1), the employer shall settle the dispute relating to such a claim within fifteen days upon holding a discussion with the concerned labour.
4) Notwithstanding anything contained in sub-section (3), the period for the settlement of dispute may be extended through consent between the employer and the labour.

Labour Act 2074

Chapter-18 Settlement of Individual Disputes

Section 114: Application may be made to the Office
1) The concerned party may, in the following circumstance, make an application to the Office for the settlement by mediation of the individual claim referred to in Section 113:
(a) If the employer does not give a notice for discussion within seven days from the date on which the application was made pursuant to sub-section (1) of Section 113, or
(b) Failing an agreement upon discussion held pursuant to sub-section (3) of Section 113sub-section (1) after fifteen days from the date on which the original application was made to the employer.
2) In the event of receipt of the application pursuant to sub-section (1), the Office shall give the concerned employer and the labour a notice specifying the date and time for discussion.
3) The Office shall settle the dispute relating to the claim within twenty-one days from the date of receipt of the application pursuant to sub-section (1), by holding negotiations as required between the employer and the labour.

Labour Act 2074

Chapter-18 Settlement of Individual Disputes

Section 115: Decision to be made by the Office
Where the problem could not be solved pursuant to Section 114, the Office shall, on the basis of the available evidence, make a decision within fifteen days.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 116: Collective claim may be submitted
1) Any enterprise employing ten or more than ten labourers shall have a collective bargaining committee as follows:
(a) A team of negotiating representatives designated on behalf of the elected authorised trade union of the enterprise,
(b) In cases where election to the authorised trade union referred to in clause (a) could not be held or where election has been held but its term has expired, a team of negotiating representatives nominated through mutual agreement of all the unions in the enterprise,
(c) In cases where there is no authorised trade union referred to in clause (a) or team referred to in clause (b), a team of representatives supported with the signatures of more than sixty percent of the labours working in the enterprise.
2) The collective bargaining committee may submit collective claims or demands in writing to the employer on issues relating to the interest of the labours.
3) Notwithstanding anything contained in sub-section (2), no collective claims or demands may be submitted on the following matters:
(a) A matter which is contrary to the Constitution of Nepal,
(b) A matter which contains an allegation with no evidence or basis and is thus contrary to the interest of anyone,
(c) A matter which affects the personal conduct of any employer or labour,
(d) A matter which is not related to the enterprise,
(e) Until the period specified in this Act lapses in cases where the collective agreement has been made,
(f) A matter relating to the rate of contribution and benefits specified for the social security scheme.
4) The collective bargaining committee may consist of a maximum of three to eleven members, as prescribed, on the basis of the number of labourers.
5) The collective bargaining committee formed pursuant to this Section shall have the powers to submit collective claims or demands, enter into an agreement, file a case against any person or defend a case.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 117: To hold negotiations on collective claims, demands
1) In the event of submission of collective claims or demands pursuant to Section 116, the concerned employer shall, not later than seven days of the date of submission of such claims or demands, give notice in writing to the collective bargaining committee, stating inter alia the venue and time for negotiation.
2) Where a notice is given pursuant to sub-section (1), the members of the collective bargaining committee shall be present for negotiations at the venue and time stated in the notice.
3) If, while conducting negotiations, any understanding or agreement is reached between both the parties, the disputes relating to the collective claims, demands shall be settled.
4) The understanding or agreement made pursuant to sub-section (3) shall be binding for the concerned parties.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 118: Settlement through mediation
1) The concerned party may, in the following circumstance, make an application to the Office for the settlement of collective claims and demands through mediation:
(a) Where the employer fails to give a notice to the collective bargaining committee for negotiations within the period referred to in sub-section (1) of Section 117, or
(b) Where an agreement could not be reached upon negotiation held pursuant to sub-section (3) of Section 117 not later than twenty-one days from the date of submission of claims, demands.
Provided that nothing shall be deemed to bar the extending of the said period with the consent of the parties in cases where the negotiation is going on.
2) In the event of receipt of an application pursuant to sub-section (1), the Office shall summon the presence of the concerned parties and settle the dispute through mediation.
3) The mediation proceeding referred to in sub-section (2) shall be completed not later than thirty days from the date of receipt by the Office of the application.
Provided that nothing shall be deemed to bar the extending of the said period with the consent of the parties in cases where the negotiation is going on.
4) The dispute relating to the collective claims, demands shall be settled if an agreement is reached between both the parties upon the negotiation held in presence of the Office pursuant to sub-section (3).
5) The agreement made pursuant to sub-section (4) shall be binding for the concerned parties.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 119: Settlement of dispute through arbitration
1) Where mediation does not succeed pursuant to Section 118, the dispute relating to the collective claims and demands shall, in the following circumstance, be settled through arbitration:
(a) If the collective bargaining committee and the employer agree to settle the dispute relating to collective claims, demands through arbitration,
(b) If a collective dispute arises in an enterprise providing essential services,
(c) If a collective dispute arises in an enterprise within the special economic zone, or
(d) If the strike is prohibited by the imposition of a state of emergency in accordance with the Constitution.
Explanation: For the purpose of this Chapter, the term “essential service” means any service which may, if interrupted, have an adverse impact on the life, health and safety of the people across the country or the people living in any part of the country.
2) Where the Ministry has ground to believe that a financial crisis may arise in the country as a result of ongoing or possible strike or lockout or that the dispute needs to be settled by arbitration, the Ministry may give an order for the settlement of any collective dispute through arbitration irrespective of the stage of such a dispute.
3) For the purpose of sub-sections (1) and (2), the Ministry may form an arbitration panel comprising representations from the labour, employer and Government of Nepal.
4) Expenses of the arbitration panel to be formed pursuant to sub-section (3) shall be borne by the Government of Nepal as prescribed.
5) Any party wishing to have the dispute settled through arbitration shall submit claims in writing to the arbitrator as prescribed.
6) On receipt of the claims referred to in sub-section (5), the arbitrator shall send a copy of such claims to the other party and provide an opportunity to such party to submit counter-claims in that respect.
7) In conducting the proceeding referred to in this Section, the arbitrator may consult or discuss with any expert.
8) A hearing shall be conducted at the date, time, and place specified by the arbitrator, and the arbitration proceeding shall not sojourn for the sole reason that no party has remained absent or the counter-claim has not been submitted.
9) The arbitrator shall make an award not later than thirty days from the date of completion of the hearing pursuant to sub-section (8).
10) The arbitrator may exercise such powers as the court has under the prevailing laws in relation to the matters, including examining the evidence, taking depositions of witnesses, and making on-site inspections in connection with the proceeding.
11) Except as otherwise provided for in the agreement by the parties, other provisions relating to the arbitral proceeding shall be as determined by the arbitrator.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 120: Power to form labour arbitration tribunal
1) The Government of Nepal may form an independent labour arbitration tribunal for having mediation and arbitration with regard to the collective dispute.
2) Where a labour arbitration tribunal is formed pursuant to sub-section (1), the labour arbitration tribunal shall conduct the mediation and arbitration proceedings referred to in this Chapter.
3) Other provisions relating to the labour arbitration tribunal shall be as prescribed.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 121: Right to strike for settlement of collective disputes
1) The collective bargaining committee may, if any of the following circumstances exists, organise a strike for the settlement of any collective dispute:
(a) If there exists no circumstance requiring compulsory arbitration pursuant to sub-section (1) of Section 119,
(b) If the arbitrator fails to perform the arbitral functions,
(c) If an arbitration panel could not be formed within twenty-one days from the date of application to the Ministry or a decision is not made requiring arbitration,
(d) If an award is not given by the arbitrator within the prescribed time,
(e) If the employer refuses to enforce the arbitral award or challenges such an award on legal grounds,
(f) If, except where compulsory arbitration is to be made, any party disagrees with the arbitral award pursuant to sub-section (2) of Section 122.
2) In order to make a strike pursuant to sub-section (1), a written notice along with the claims, demands, and specifying the date from which the strike is to commence shall be submitted to the employer in advance of thirty days and information thereof shall also be given to the local administration and the concerned Labour Office.
3) Notwithstanding anything contained elsewhere in this Act, if the Ministry gives an order for the settlement of the dispute through arbitration pursuant to sub-section (2) of Section 119 after the notice on strike is given or the strike is commenced pursuant to sub-section (2), they shall postpone such a strike and participate in the arbitral process.
4) Notwithstanding anything contained elsewhere in this Act, the labourers deputed as sentries and guards for the security of the enterprise shall not be allowed to participate in the strike and do any act referred to in Section 125 during the time when they are assigned on duty.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 122: Arbitral award and collective agreement to be binding
1) If any collective dispute is settled through compulsory arbitration pursuant to sub-section (1) of Section 119, the arbitral award shall be binding on the concerned parties.
2) If any party to any dispute referred to arbitration in pursuance of the order by the Ministry pursuant to sub-section (2) of Section 119 who is not satisfied with the arbitral award on the dispute fails to node down disagreement in writing to the arbitrator not later than five working days from the date of the award, such an award shall also ipso facto be binding on the concerned party after the expiration of that period.
3) The collective agreement and arbitral award need to be registered in the Office for record and enforcement thereof.
4) The collective agreement shall remain valid for two years from the date of its entry into force, if any, specified in the agreement itself and, failing the specification of such a date, from the date of signing of the agreement and from the date of the arbitral award, if any, made, and shall be valid as of law.
5) Notwithstanding anything contained in sub-section (4), the provisions in the collective agreement or arbitral award shall continue to apply unless and until it is amended or repealed by another collective agreement or arbitral award.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 123: Special provisions relating to the submission of collective claims, demands
1) Trade union associations which are active in the tea estate, carpet sector, construction business, labour provider, transportation sector or any other group of manufacturers producing similar nature of goods or service providers providing similar nature of service or business as prescribed may form a collective bargaining committee as prescribed and submit collective bargaining claims, demands to the employers’ association of the concerned group of industries.
2) The manner of submitting claims, demands referred to in sub-section (1), procedures relating to collective bargaining, and provisions relating to the agreement shall be as prescribed.
3) In the case of the enterprise to which the collective agreement referred to in this Section is applicable, no collective claims, demands and agreement may be submitted and made pursuant to this Chapter.
4) Notwithstanding anything contained in sub-section (4) of Section 122, the Ministry may issue an order that collective claims, demands and negotiations should be submitted and held within a specified time. In the event of issuance of such an order, it may happen earlier or later than the time specified in the same sub-section of the same Section.
Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 124: Right to lock-outs
1) Where a strike is organised or continued without giving notice pursuant to this Act or the collective dispute cannot be settled through the procedure referred to in this Act, the management may, by giving justifiable grounds, lock out the enterprise by obtaining approval of the Department.
2) Before making a lock-out pursuant to sub-section (1), the manager shall issue a notice in advance of at least seven days, also specifying the date of lock-out, for information to the labourers that if the strike has, etc., by the labourers not ended the lock-out will be made.
3) Notwithstanding anything contained in sub-sections (1) and (2), where there is a possibility of causing loss to the enterprise because of gherao, riot, physical unrest, etc., by the labourers during the period of strike, the management may lock out the enterprise. If the lock-out is so made, information along with the justification for making such lock-out shall be given to the Office or Department and the local administration not later than three days.
4) On receipt of the notice pursuant to sub-section (3), the local administration shall immediately make necessary security arrangement in such a workplace.
5) The Department may at any time declare the lock-out of any enterprise illegal in case it appears to be unjustifiable, or it is likely to disturb the peace and security of the country, or it is contrary to the economic interest of the country.
6) Notwithstanding anything contained elsewhere in this Section, no lock-out may be made in an enterprise that operates any essential service.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 125: Picketing or assembly may be made
1) With the objective of exerting pressure to fulfil the demands when the strike or lock-out is continuing, the labourers may picket or assemble at the main entrance of the workplace or enterprise peacefully.
2) In any circumstance other than the circumstance of strike or lockout, they may picket or assemble before or after working hours or during rest time without disturbing the work of the workplace or enterprise.
3) Even in cases where picketing or assembly is made pursuant to sub-section (1), the labourer may not do any act and action such as prohibiting others from entering or leaving the workplace or enterprise or causing any loss or damage to the workplace

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 126: Employment contract not to be violated
No labour shall be deemed to have violated the employment contract by the reason that he or she has made a strike, lock-out or picketing or made a complaint in accordance with the law, and during that period, the employment contract shall be deemed to continue to be effective.