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

Chapter-19 Settlement of Collective Disputes

Section 127: Remuneration for strike or lock-out period
1) Any labour who makes a strike in a manner to be contrary to the prevailing law shall not be entitled to any remuneration for the period of such a strike.
2) Labourers shall be entitled to full remuneration for the period of lock-out if such lock-out is made by the employer in a manner contrary to the prevailing law.
3) If the collective agreement contains any agreement in relation to the remuneration, the matter shall be governed accordingly; and failing such agreement to that effect, the labour shall get half the remuneration for the period of strike or lock-out made in fulfilment of the procedure of this Act.
4) If there arises any dispute as to whether any strike or lockout made in an enterprise is contrary to law or not, the Department shall conduct necessary inquiries and make the decision not later than thirty-five days.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 128: Prohibition on filing of case against loss
1) Where any financial loss is caused to the employer or labour because of a strike, picketing or lock-out made in fulfilment of the procedures referred to in this Act, no case may be filed in any
court against any labour, collective bargaining committee, trade union or employer involved in such a strike, picketing or lock-out in relation to such a loss.
2) Notwithstanding anything contained in sub-section (1), if any person or group makes destruction or arson in the workplace or destruction of any property in any other manner or causes physical damage, the amount equivalent to the loss or damage may be recovered from such a person or group.

Labour Act 2074

Chapter-19 Settlement of Collective Disputes

Section 129: Collective bargaining or agreement to be made in good faith
1) The trade union or collective bargaining committee or employer shall, in making a collective bargaining or collective agreement, do so in good faith.
2) Other provisions relating to the collective bargaining or agreement shall be as prescribed.

Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 130: Observance of discipline and duties
It shall be the duty of each labour to observe discipline and fulfil duties referred to in this Act or the rules framed under this Act or the by-law.
Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 132: Prohibition of sexual harassment
1) No person shall commit, or cause to be committed, any such act, with the exertion of undue influence, as considered to be sexual harassment under the law in the workplace or in the course of work.
2) The employer may, depending on the condition and gravity of the act, impose punishment to the extent of even dismissal from the service on the labour who commits sexual harassment.
3) Where the employer or chief executive of any enterprise commits sexual harassment, the trade union, victim, or any member of his or her family may file a complaint in accordance with the law.

Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 133: Provisions relating to misconduct may be made in the bye-law
1) Where specific punishment for a specific type of misconduct has been prescribed by the respective regulatory bodies regulating banks or financial institutions, schools, telecom service providers, hospitals, air services, insurance services or enterprises of a specific nature, provisions may be made in the bye-laws accordingly.
2) Provisions may be made in the bye-law of an enterprise for dismissal from the service as per the collective agreement or with the approval of the Department in the event of commission of misconduct of a serious nature.
Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 134: Power to suspend
1) Where any labour is detained in accordance with law, such labour shall ipso facto be suspended during that period and shall not be entitled to remuneration for that period.
Provided that if a labour who is detained upon a complaint filed by the employer himself or herself is proved to be innocent, he or she shall be entitled to the full remuneration for that period.
2) Except in the cases referred to in sub-section (1), if it does not appear appropriate to keep on engaging in work labour for whom the punishment referred to in sub-section (4) of Section 131 has been proposed or if there is a possibility that he or she may destroy the evidence relating to the charge made against him or her or obstruct the investigation, the employer may suspend such labour.
3) While suspending any labour pursuant to sub-section (2), he or she may not be suspended generally for more than three months.
Provided that the period of suspension may be extended by a maximum of one month if the investigation is not completed.
4) The labour shall be entitled to half the remuneration during the period of suspension referred to in sub-section (2).
5) Where a labour who has been suspended pursuant to sub-section (2) is acquitted of the allegation made against him or her, he or she shall be entitled to all such remuneration and increment in salary, if any, receivable by him or her that remains after deducting the amount of remuneration which he or she has received during the period of suspension.
6) Except where any labour is held in detention upon first information report or complaint by the employer himself or herself, the employer may terminate the service of such labour if the period of suspension referred to in sub-section (1) exceeds ninety days. The opportunity hearing needs not to be given to the concerned labourers while terminating the service.

Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 135: Opportunity to be given to submit clarification
Prior to imposing punishment on any labour for misconduct, the authority imposing punishment shall provide such labour with a notice giving an opportunity to submit clarification within a
period of seven days, and such notice shall clearly state also the facts of the commission of the misconduct and possible punishment imposable if it is proved.

Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 136: Authority imposing punishment
1) The power to impose punishment for misconduct shall be vested in its chief executive in the case of an enterprise.
2) Notwithstanding anything contained in sub-section (1), if the bye-law empowers any managerial level labour to make a final decision concerning the punishment imposable for any misconduct, such an authority shall have the power to investigate and impose punishment.
Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 137: Period for taking decision
1) Where any labour is found to have committed misconduct, it is necessary to commence an action within two months from the date of knowledge of the commission of such misconduct.
2) A decision shall be taken within three months from the date of commencement of the action pursuant to sub-section (1).

Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 138: Punishment may be remitted
(1) Nothing contained in this Chapter shall be deemed to bar the imposing of lesser punishment on any labour by proposing higher punishment.
(2) Where any enterprise has made a bye-law providing for lesser punishment than that imposable under this Chapter, the provision of the bye-law shall apply to the labours of such an enterprise.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 139: Security of employment
1) Employment of any labour shall not be terminated in any condition except in accordance with this Act and the rules or bye-law framed under this Act.
2) Proper and sufficient reason shall be given when terminating the employment.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 140: Termination of time-based and work-based employment
Employment of a labour engaged in a time-based or work-based employment shall be terminated in the following circumstances:
(a) After the expiry of the time specified in the employment contract, in the case of the labour engaged in the time-based employment,
Provided that if the labour is in project-based employment and the period is extended or the period for the completion of such a work is extended on the basis of the nature of the work, the
employment shall not terminate until that period.
(b) After the completion of the work specified in the employment contract in the case of a labour who is in work-based employment, or
Provided that if the labour is in project-based employment and the work is added or the period for the completion of such a work is extended on the basis of the nature of the work, the employment shall not terminate until that work remains.
(c) In the case of labour in casual employment, at the will of the employer or labour.
Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 141: Employment may be terminated voluntarily
1) Any labour may, by submitting a resignation in writing to the employer, terminate the employment.
2) The employer shall accept the resignation submitted pursuant to sub-section (1) within fifteen days and give information thereof to the labour.
3) Where the employer does not accept the resignation within the time-limit referred to in sub-section (2), such resignation shall be deemed to have been accepted ipso facto from the day following the day on which the time-limit expires.
4) Notwithstanding anything contained elsewhere in this Section, the resignation submitted by labour may be cancelled through mutual consent between the employer and the labour.
5) If the labour continues working in the same enterprise even after the day on which his or her resignation is accepted and becomes effective, his or her resignation shall be deemed to have been cancelled.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 142: Employment may be terminated on the ground of incompetence
1) If, while evaluating the work performance of any labour pursuant to the provisions set forth in this Act or the rules and bye-law framed under this Act, the work performance of such labour is found unsatisfactory or poor for three or more than three consecutive years, the employer may terminate the employment of such labour.
2) Prior to terminating the employment pursuant to sub-section (1), the work performance evaluation must have been made as set forth in this Act or the rules and bye-law framed under this Act.
3) Prior to terminating the employment of any labour pursuant to this Section, the employer of any enterprise employing ten or more labourers shall give a period of at least seven days to the concerned labour for clarification.
Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 143: Employment may be terminated on the ground of health
1) Where any labour becomes incapable of working as a result of physical or mental incapacitation or grievous hurt or injury, or it affects the work because of the long time required for medical treatment, the employer may, on the basis of a recommendation by a medical doctor, terminate the employment of such labour.
2) Notwithstanding anything contained in sub-section (1), the employment of any labour may not be terminated during the period he or she is undergoing treatment in a hospital because of any accident or occupational disease while performing the work specified by the employer or until one year from the date of commencement of his or her treatment at home if he or she is undergoing treatment at home, and the employer shall provide full remuneration during such a period.
Provided that the employer shall not be required to provide remuneration if the labour is entitled to receive the remuneration facility from the Social Security Fund for the period of treatment.
3) In the case of labourers who are not able to attend the work of the enterprise on the grounds of medical treatment circumstances other than that
set forth in sub-section (2), the employment of such a labour may not be terminated until six months.
Provided that this sub-section shall not be deemed to bar the removal from the service prior to that period if there is a clear recommendation by a medical doctor to the effect that the labour cannot return to work.
4) Notwithstanding anything contained in sub-section (1), in cases where the labour who is physically incapacitated or has sustained grievous hurt or injury can be engaged in any work suitable to the condition of his or her health, the employer shall engage such labour in work.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 144: Notice to be given
1) Prior to terminating the employment relation in any circumstance except when employment is terminated upon action taken for misconduct, the employer or labour shall give notice as follows to each other:
(a) Prior to at least one day, in the case of employment for a maximum of four weeks,
(b) Prior to at least seven days, in the case of employment for a period of four weeks to one year, and
(c) Prior to at least thirty days, in the case of employment, for a period of more than one year.
2) Where the employer terminates employment without giving the notice referred to in sub-section (1), the employer shall pay the amount equal to the remuneration for the period requiring the notice to be given to the concerned labour.
3) Where the labour terminates employment without giving notice to the employer pursuant to sub-section (1), the employer may deduct the amount equal to the remuneration for the period requiring the notice to be so given from the remuneration payable to the concerned labour.
Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 146: Resumption of operation
(1) Where, for any reason, the retrenchment of its labours has been made but the enterprise resumes its operation within two years or needs to supply additional labours, the preference for employment shall be given to the labours retrenched pursuant to Section 145.
(2) Notwithstanding anything contained in sub-section (1), any other persons may be employed if the labour who has been retrenched fails to appear in spite of the notice given to him or her as prescribed.
(3) Where the employer does not give notice or does not employ, the concerned labour may, not later than thirty-five days, make an application to the Labour Court.
(4) Other provisions relating to this matter shall be as prescribed.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 147: Compulsory retirement
Any labour who is in regular employment shall get compulsory retirement after completing the age of fifty-eight years.
Provided that if there is a need to make compulsory retirement at an age below the age of fifty-eight years for the work of a particular nature, provision to that effect may be made in the bye-law by obtaining approval from the Council as prescribed.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 148: Payment of benefits
1) In the case of an employee whose employment is terminated because of misconduct or in any other manner whatsoever, the employer shall pay all amounts, including the remuneration, benefits receivable by him or her at the time of such termination to the labour, not later than fifteen days of the termination of employment.
2) The employer shall extend necessary assistance in the provision of such amount or benefits that is receivable by the labour from the Social Security Fund, insurance or other body.
3) In the case of failure to pay such remuneration or benefits that is receivable by the labour within the period referred to in sub-section (1) or to extend assistance pursuant to sub-section (2), remuneration shall be paid to such labour until the amount is paid as if he or she were in the service.
4) Where the labour does not appear to receive the remuneration or benefits, the employer may make payment to the labour’s account or deposit the same with the Office directly.
5) Other provisions relating to the deposit and payment of the amount referred to in sub-section (4) shall be as prescribed.

Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 149: Labours to get first priority
Notwithstanding anything contained in other prevailing law, in case of closure or liquidation of any enterprise, the remuneration or other benefits due and payable to the labourers shall be paid with first priority.
Provided that where the insolvency law is applicable, it shall be dealt with accordingly.
Labour Act 2074

Chapter-21 Provisions Relating to Termination of Employment

Section 150: To issue the certificate of experience
Where the labourer whose employment has been terminated requests the certificate of experience, the employer shall give the certificate of work experience, stating, inter alia, the period of service and post of such labour.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 151: Formation of Labour Court
1) The Government of Nepal shall, by notification in the Nepal Gazette, form a required number of labour courts.
2) The jurisdiction and seat of the Labour Court to be formed pursuant to sub-section (1) shall be as specified in the same notice.
3) The Labour Court shall consist of one chairperson and two members.
4) Any sitting judge of the High Court or any person having the qualification of becoming a Judge of the High Court shall be qualified to be the chairperson or member of the Labour Court.
5) Except when a sitting judge of the High Court is appointed, the tenure of the chairperson and members of the Labour Court shall be four years.
6) The conditions of service and facilities of the chairperson and members of the Labour Court shall be the same as those of the Judges of the High Court.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 152: Majority decision to prevail
1) The chairperson and members shall collectively exercise the jurisdiction of the Labour Court.
Provided that where the chairperson or any one member is absent, even the bench of two members may try and adjudicate cases.
2) A decision of majority of members shall be deemed to be a decision of the Labour Court.
3) If the two members constituting the bench hold different opinions, such opinions shall be submitted to the third member, and the opinion concurred by the third member shall be deemed to be a decision of the Labour Court. If the chairperson and member hold different opinions, the opinion of the chairperson shall be deemed to be a decision of the Labour Court.
Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 153: Powers of Labour Court
The Labour Court may, in the course of deciding a case, exercise the following powers, in addition to the powers set forth in this Act or the rules framed under this Act:
(a) To examine witness, evidence,
(b) To take the defendant’s statement equal to the note of defence, as per necessity,
(c) To order any party who is not made party or opponent in the case, on the basis of an application by such party or of the nature of the case, to appear in the course of the hearing  and set as a party to the case if so required,
(d) To inspect any place or workplace related to the dispute,
(e) If the application made by any party to the case submitting that it is necessary to defer the case until any case sub-judice in the Labour Court is finally settled or to continue the same appears to be reasonable, notwithstanding the state of the case, to issue an interlocutory order to any party to the case to stop any act for a certain time or give continuity to any act being carried out, with or without fixing a period,
(f) To uphold, withhold or alter any direction, decision or order given by the Office or the employer,
(g) The Labour Court shall, in holding the proceeding of and adjudicating the case, have the powers as mentioned in the case of the matters set forth in this Act or the rules framed under this Act, and the same powers as the District Court may exercise, in the case of the other matters.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 154: Proceeding against contempt of court
1) The Labour Court may institute proceedings for its contempt.
2) Where an act of contempt is established in the proceeding instituted pursuant to sub-section (1), the Labour Court may impose punishment of a fine not exceeding ten thousand rupees or imprisonment for a term not exceeding six months or both on the offender.
Provided that if the offender begs pardon to the satisfaction of the Labour Court, the Labour Court may forgive him or her or absolve him or her of the punishment if already determined or reduce such punishment or order not to execute the punishment subject to the compliance with such conditions as specified by the Labour Court, after deferring the punishment on such conditions.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 155: Power to demand bank guarantee or deposit
If there is a possibility that one party will be entitled to receive any amount from the other party when the case running under this Act is adjudged and there is a likelihood of non-payment of such amount by such a party, the Labour Court may, for the execution of the decision, require such a party to deposit the amount equivalent to that amount or furnish a bank guarantee covering that amount.