Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 163: Power of the Department or Office to decide
1) The Department may conduct a necessary inquiry into a complaint made on any of the following matters and do as follows:
(a) To issue necessary order subject to this Act and impose a fine not exceeding two hundred thousand rupees on any person that supplies labourers without obtaining any license pursuant to this Act and any person that hires and employs labourers through such a labour supplier,
(b) To impose, on the basis of the number of such labourers, a fine not exceeding two hundred thousand rupees on any person who employs a foreigner without obtaining the labour permit pursuant to this Act, and an additional fine at the rate of five thousand rupees per person per month in case such a person continues to employ such a foreigner in spite of the punishment so imposed,
(c) To issue an order to maintain equality by imposing a fine not exceeding one hundred thousand rupees on any person who discriminates against labourers at the time of employing or during
employment contrary to Chapter 2,
(d) To order a person who employs  labour without giving an appointment letter or without entering into an employment contract, giving an appointment letter or entering into an employment contract upon imposing on such a person a fine not exceeding five hundred thousand rupees at the rate of ten thousand rupees per labour,
(e) To take departmental action pursuant to the prevailing law against any inspector who causes loss or damage by committing any act recklessly or with ulterior motive pursuant to Chapter 15,
(f) To give necessary order in case any person exercises any unfair labour practice or makes transfer contrary to this Act to the detriment of the labour or performs any act action relating to
promotion contrary to the bye-law of the enterprise,
(g) To give necessary direction to the concerned Office in case it does not perform any act, action required to be performed by it within a certain period, pursuant to this Act and the rules framed under this Act, even within thirty days of the expiry of that period,
(h) To do necessary work for the settlement of a dispute, if any, arising between a labour supplier and a main employer regarding the remuneration and benefits to be provided to labourers.
2) The Office may make necessary inquiry into an application made on any of the following matters and do as follows:
(a) To require the employer who employs labour by paying remuneration below the minimum remuneration or deducts remuneration or benefits contrary to this Act or the rules framed
under this Act to pay the deducted amount and a compensation not exceeding two times of such amount to the concerned labour,
(b) To impose a fine not exceeding twenty thousand rupees on any employer, labour or other person who hinders a government employee in the course of performance of his or her duties or submit false description or makes false statement or exerts or attempts to exert undue influence in any way,
(c) To impose a fine at the rate of ten thousand rupees per apprentice or trainee on an employer who engages any person as an apprentice or trainee contrary to this Act, issue an order to employ such an apprentice or trainee on regular employment and to pay the remuneration and benefits accordingly,
(d) To order recovering such compensation and damages that is two times higher than the compensation from the employer who does not deposit such amount of gratuity and of provident fund or contribute such amount to the social security fund as may be receivable by the labour pursuant to this Act or the rules framed under this Act or pay medical expenses or make insurance for compensation,
(e) To give direction to the employer who makes retrenchment contrary to this Act or in a discriminatory manner to refrain from doing so,
(f) To give necessary direction to the employer who terminates the employment or prevents any labour from attending the work contrary to this Act or the rules or bye-law framed under this Act.
3) Notwithstanding anything contained elsewhere in this Act, nothing shall be deemed to bar the making of an application by any labour to the employee to pursue the personal dispute settlement process and settle the dispute accordingly.
4) Any complaint made to the Department or the Office shall be proceeded with and settled as prescribed.