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

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 86: Provisions relating to transport labours
1) The obligations of the employers towards the transport labourers shall be as follows:
(a) To make compulsory provision for at least two drivers to rotationally drive any motor vehicle transporting passengers in a long route,
(b) To make arrangements for taking rest by drivers of any motor vehicle operating a long route in different places before reaching the final destination,
(c) To provide transport labour who is employed to work for more than eight hours a day with remuneration at the rate of 1.5 times the remuneration receivable by the transport labour,
Provided that if a trip allowance, food allowance, or similar other allowance is to be provided to the transport labour, he or she shall be entitled to only one such allowance and 1.5 times the amount that he or she chooses.
(d) If the motor vehicle breaks down before reaching the final destination or is required to be stopped in one place for any reason, the labour is to be provided with fifty percent of the allowance receivable by him or her at the time when the motor vehicle is in running condition,
(e) To keep medicines and medical treatment items in the motor vehicle as necessary for first-aid treatment.
Explanation: For the purpose of this Section, –
(1) “Long route” means a long route determined pursuant to the law.
(2) “Transportation work” means the transportation by mechanical means of passengers, animals or goods from one place to another.
(3) “Transport labour” means any labour engaged in the transportation work.
2) No transport labour who drives a motor vehicle shall consume alcoholic substances at least twelve hours before driving the vehicle until the final destination is reached.
3) A labour who acts contrary to sub-section (2) shall be deemed to have committed misconduct, and the concerned employer may remove him or her from the service.
Provided that an opportunity to submit an explanation shall be provided to such a labour before so removing him or herby from the service.
4) If the employer wishes to remove any labour working in a motor vehicle in his or her ownership because of a change in ownership effected by the sale of the vehicle or otherwise, the employer may terminate employment relation by providing him or her with such benefits as payable for retirement.
Provided that this provision shall not apply to an enterprise that operates motor vehicles.
Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 87: Special provisions relating to tourism labours
1) The obligations of the employers towards the tourism labourers shall be as follows:
(a) To provide a sufficient quantity of medicines and medical treatment items for first aid when sending labourers to the workplace,
(b) To rescue, or cause to be rescued, without delay, any labourer who gets in an accident or has a serious health problem.
2) When sending labour to the workplace as mentioned in sub-section (1), the employer shall provide the labour with any one of such facilities, field allowance, food allowance or similar other allowance or 1.5 times remuneration for overtime work that he or she chooses.
3) The employer operating any hotel, motel, restaurant, jungle safari or other business shall distribute, as prescribed, the service fees collected pursuant to the collective agreement.

Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 88: Provisions relating to domestic labours
1) The Government of Nepal may fix separate minimum remuneration for domestic labourers.
2) Notwithstanding anything contained elsewhere in this Act, provisions relating to public leave, weekly leave of domestic labourers and other provisions related thereto shall be as prescribed.
3) Where the employer has arranged for food and shelter of a domestic labour in his or her house or assisted in his or her study, the labour may deduct the amount for such purpose from the remuneration of the labour.
4) The employer shall allow domestic labour to celebrate festivals according to his or her culture, religion, or tradition.

Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 89: Provisions relating to seasonal enterprises
1) If any seasonal enterprise is closed during the off-season, the labourers working in such an enterprise shall be kept in reserve during the period of its closure.
Explanation: For the purpose of this Section, the term “seasonal enterprise” means an enterprise which can be operated in a particular season only, and this term also includes an enterprise which cannot be operated for more than one hundred eighty days in a year.
2) Notwithstanding anything contained elsewhere in this Act, the employer shall provide labour who is in regular employment with an amount equal to twenty-five per cent of the remuneration to which he or she is entitled during the period of the off-season when the seasonal enterprise remains closed.
3) If there arises a question of whether or not any enterprise is a seasonal enterprise, it shall be as decided by the Office.
Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 90: Provisions relating to enterprise which is incorporated in foreign country and  operates business in Nepal
If any foreign enterprise involved in the promotion of any business or sale of any goods or any other activity in Nepal violates the employment contract entered into with its representative or labour in Nepal, such a representative or labour may file a complaint to the Office or Labour Court in accordance with this Act.

Labour Act 2074

Chapter-14 Provisions Relating to Fair Labour Practice

Section 91: To observe fair labour practice
The employer, enterprise, and trade union shall observe fair labour practice in their conduct with each other during the course of their respective activity.

Labour Act 2074

Chapter-14 Provisions Relating to Fair Labour Practice

Section 92: Deemed to be unfair labour practice
1) The employer and trade union shall not commit, or cause to commit, any unfair labour practice referred to in sub-section (2) or (3).
2) If any employer does any of the following acts, the employer shall be deemed to have committed the unfair labour practice:
(a) Not to comply with the labour law or cause such non-compliance,
(b) To restrict the exercise of any right conferred by the labour law,
(c) To create knowingly false evidence with intent to take action against any labour,
(d) To commit any act with the sole intention to trouble or harass a labour knowingly,
(e) To interfere or cause interference in the formation, operation and administrative functions of the trade union,
(f) To continue the lock-out declared unlawful,
(g) To assault or manhandle any labour,
(h) To provoke or incite any labour with an intent to create enmity or animosity among the labourers.
3) If the trade union commits any of the following acts, it shall be deemed to have committed the unfair labour practice:
(a) To pressurise or threaten any labour or not to become a member of any union,
(b) To collect donations or assistance forcibly,
(c) To picket or surround the employer’s private residence or other enterprise except the workplace or causing such picketing or surrounding,
(d) To assault the employer or his or her representative or any labour or do any other illegal activity in order to have their demand fulfilled or causing such assault or activity,
(e) To commit any act of damaging the employer’s property intentionally.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 93: Provisions relating to Office and inspectors
1) The Government of Nepal may, for the implementation of this Act and prevailing Nepal law on labour, establish such Labour Offices as may be required.
2) The districts which fall within the jurisdiction of the Labour Offices established pursuant to sub-section (1) shall be as specified by the Ministry.
3) The Government of Nepal may, by notification in the Nepal Gazette, appoint one inspector or more than one inspector for any area according to the need.
Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 95: Powers, functions and duties of inspector
1) The performance of such functions and duties and the exercise of such powers as to be performed and exercised by the Office shall be by the inspector and subordinate employee as prescribed.
2) Notwithstanding anything contained in sub-section (1), if this Act or other law so mentions any function as to be performed by the occupational safety and health inspector himself or herself, the occupational safety and health inspector shall have the power to perform for and on behalf of the Office such function or inspection of the machineries and tools of the factor, occupational safety and health-related function and other technical function.
Provided that nothing contained in this sub-section shall be deemed to bar any Office from engaging any occupational safety and health inspector serving in another office or a technician having knowledge in the concerned subject in the function of inspection and the labour inspector from performing the function accordingly, for and on its behalf, if the Office has no occupational safety and health inspector.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 96: Obligations of inspector or employee
1) The obligations of the inspector or employee deputed to inspect any enterprise or workplace pursuant to Section 95 shall be as follows:
(a) To enter any enterprise or workplace only after showing his or her identity card,
(b) To give a written receipt thereof while taking custody of any register, document, record or goods,
(c) To keep the identity of any complainant confidential if he or she requests to do so,
(d) To perform the duties of his or her office without causing hindrance in the work of the enterprise or workplace,
(e) To keep such notice, information or data as received during inspection confidential except as required to be disclosed in accordance with the law.
2) Where the inspector or any employee who is deputed to inspect any enterprise or workplace fails to perform the duties referred to in sub-section (1), does any act that is disrespectful or contrary to the duties of his or her office or causes any loss or damage by doing any act with mala fide intention, the concerned person shall give information thereof to the competent authority through the Office.
3) If the inspector or employee is found guilty upon making necessary inquiries pursuant to sub-section (2), the competent authority may take departmental action pursuant to the prevailing law.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 97: To render necessary assistance
It shall be the duty of the concerned employer, labour and trade union to render necessary assistance to the inspector or employee deputed to inspect the enterprise or workplace in the function of inspection.
Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 98: Report to be submitted
The inspector or employee shall submit a report setting out such particulars as prescribed to the Office within fifteen days from the date of completion of the inspection of the enterprise or workplace made pursuant to this Chapter, except as otherwise directed.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 99: Power of the Office to give direction
1) On receipt of the report pursuant to Section 98, the Office may, upon studying it as required, give direction immediately to make the improvement, if any, required to be made in relation to
any work, working procedure or other matter of the enterprise or workplace or labour or trade union and stop any act, if any, being committed contrary to law.
2) A party who is not satisfied with the direction referred to in sub-section (1) may make an appeal to the Labour Court within thirty-five days.
3) The decision made by the Labour Court on the appeal made pursuant to sub-section (2) shall be final.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 100: Labour audit to be made
1) Each enterprise shall make a labour audit as prescribed as to whether or not acts and actions are being performed by the enterprise in accordance with this Act, Regulation and prevailing law and prepare a report thereof.
2) The report referred to in sub-section (1) shall be provided to the Office or inspector during inspection made pursuant to this Chapter or as and when so demanded by the Office or inspector.

Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 101: Making application in convenient Office
Labour of any enterprise with its branch or workplace in an area where there is more than one Office may make an application to the Office which is convenient to him or her, and the concerned Office shall, on receipt of such an application, conduct a hearing on the application.
Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 102: Formation of Central Labour Advisory Council
(1) There shall be formed a Central Labour Advisory Council as follows for giving advice on labour matters to the Government of Nepal:
(a)
Minister or Minister of State for Labour and Employment
Chairperson
(b)
Secretary, Ministry of Finance
Member
(c)
Secretary, Ministry of Labour and Employment
Member
(d)
Secretary, Ministry of Physical Infrastructure and Transport
Member
(e)
Secretary, Ministry of Agricultural Development
Member
(f)
Secretary, Ministry of Industry
Member
(g)
Secretary, Ministry of Health
Member
(h)
Director General, Department of Labour
Member
(i)
Executive Director, Social Security Fund
Member
(j)
Executive Director, Vocational Skill Development Training Centre
Member
(k)
Five persons, including at least two women nominated as prescribed by the Ministry from among the employers
Member
(l)
Five persons including at least two women nominated as prescribed by the Ministry from amongst the trade union federations
Member
(m)
Joint Secretary (Responsible for the concerned Division), Ministry of Labour and Employment
Member-Secretary
2) The tenure of the members referred to in clauses (k) and (l) of sub-section (1) shall be three years, and they may be re-nominated.
3) While nominating the members pursuant to clauses (k) and (l) of sub-section (1), the Ministry shall make nomination on the recommendation of the employers’ association, in case of employers, and of the Joint Trade Union Coordination Centre, in case of trade union federations.
4) The members referred to in clauses (k) and (l) of sub-section (1) may nominate their alternative members to take part, in their absence, in the meetings of the Council.
Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 103: Functions, duties and powers of the Council
1) The functions, duties and powers of the Council shall be as follows:
(a) To give advice and suggestions to the Government of Nepal on labour policies,
(b) To give necessary advice and suggestions to the Government of Nepal for making timely reforms in the labour laws,
(c) To give suggestions to the Government of Nepal in relation to the ratification and implementation of any labour-related international convention to which Nepal is a party,
(d) To give advice and suggestions to the Government of Nepal in relation to the report to be submitted by the Government of Nepal under any labour-related international convention to which Nepal is a party,
(e) To prepare occupational safety and health standards and recommend the same to the Government of Nepal,
(f) To prepare codes of conduct on fair labour practice and recommend the same to the Government of Nepal,
(g) To give advice and suggestions to the Government of Nepal for the formulation of policies concerning vocational training and skill development (apprentice) training,
(h) To make necessary coordination with the Government of Nepal, employers and trade unions for maintaining industrial peace, sound industrial relationships and minimising labour disputes,
(i) To make necessary coordination with the Government of Nepal, employers and trade unions for enhancing employment and productivity,
(j) To frame and issue directives on collective bargaining as required, and
(k) To perform such other functions as prescribed.
2) The Council may form any committee or task force, as required, for the performance of its functions.
3) The functions, duties and powers of the committee or task force formed pursuant to sub-section (2) shall be as specified by the Council at the time of formation of such a committee.
4) The secretariat of the Council shall be located in the Ministry.

Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 104: Office of member of the Council to be vacant
1) The office of any member of the Council referred to in clause (k) or (l) of sub-section (1) of Section 102 shall become vacant in the following circumstance:
(a) If the member submits resignation in writing to the Ministry through the chairperson,
(b) If the member remains absent from three consecutive meetings of the Council without giving any notice,
Provided that this provision shall not apply if the alternative member attends the meeting.
(c) If his or her tenure expires, or
(d) If he or she dies.
2) Before removing any member of the Council from his or her office pursuant to clause (b) of sub-section (1), he or she shall be provided with an opportunity to defend.
3) Where the office of any member falls vacant pursuant to sub-section (1), the nomination of another person shall be made for the remainder of tenure from the same sector where that member was nominated from and by following the same procedure.
Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 105: Provisions relating to meetings of the Council
1) Meetings of the Council shall be held as required at the date, place and time specified by the chairperson of the Council.
Provided that the interval between the two meetings is not more than four months,
2) The chairperson shall call a meeting within fifteen days if one-fourth of the total number of members of the Council makes a written request to call a meeting.
3) The member-secretary of the Council shall give notice along with the agenda of the meeting to all the members at least twenty-four hours in advance of the time when such meeting is scheduled.
4) The presence of more than at least fifty percent of the total number of members representing the Government of Nepal, employers and trade unions shall constitute a quorum for the meeting of the Council.
5) The chairperson of the Council shall preside over the meeting of the Council, and in his or her absence, the secretary of the Ministry shall preside it over.
6) A labour expert may be invited to the meeting of the Council.
7) Any decision of the Council shall be taken on the basis of consensus.
8) If consensus is not reached pursuant to sub-section (7), a decision shall be taken on the basis of majority of the members representing the Government of Nepal, employers and unions.
9) There shall be maintained a separate minute book for recording the decisions of the meetings of the Council, and such decisions shall be authenticated by the member-secretary of the Council.
10) Other procedures relating to the meeting of the Council shall be as determined by the Council itself.
11) Members of the Council shall get such meeting allowance as specified by the Government of Nepal.

Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 105A: State Government may constitute a State Labour Advisory Council
1) The Provincial Government may constitute a Provincial Labour Advisory Council to facilitate the implementation of this Act and to organise the work of reforms to be carried out in the labour sector at the provincial level.
2) The formation, operation and other arrangements of the Provincial Labour Advisory Council shall be as prescribed by the Provincial Government.
Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 106: Fixation of minimum remuneration
1) The Ministry shall, on the recommendation of the Minimum Remuneration Fixation Committee referred to in Section 107, fix the minimum remuneration of labourers every two years.
2) Notwithstanding anything contained in sub-section (1), the Ministry may fix the minimum remuneration in the event of failure of the Minimum Wage Fixation Committee referred to in Section 107 to recommend the minimum remuneration due to the absence of consensus.
3) The Ministry shall publish the minimum remuneration fixed pursuant to this Section in the Nepal Gazette.
4) The minimum remuneration fixed pursuant to sub-section (3) shall come into force on the first day of the new financial year.
Provided that if it is otherwise agreed between the trade union and the employer concerning the date of coming into force of the minimum remuneration, it shall come into force accordingly.
5) When fixing the minimum remuneration in accordance with other prevailing laws, such remuneration shall not be so fixed as to be less than the remuneration fixed pursuant to this Act.

Labour Act 2074

Chapter-16 Provisions Relating to Council and Committee

Section 107: Minimum remuneration fixation committee
(1) The Ministry shall form a permanent minimum remuneration fixation committee as prescribed, consisting of representatives from the Government of Nepal, trade unions and employers associations for the purpose of recommending the minimum remuneration of labourers.
(2) The committee formed pursuant to sub-section (1) may while recommending the minimum remuneration of labourers, recommend the minimum remuneration of labourers applicable for the whole of Nepal or for enterprises or industries of any specific sector or nature or specific sector of employment.
(3) The grounds for a recommendation of the minimum remuneration shall be determined by the minimum remuneration fixation committee itself, referred to in sub-section (1).
(4) The minimum remuneration fixation committee referred to in sub-section (1) shall commence the process of reviewing the minimum remuneration from the month of Baishak (mid-April) every two years.
(5) Procedures and other provisions relating to the meetings of the committee referred to in sub-section (1) shall be as prescribed.