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

Chapter-22 Provisions Relating to Labour Court

Section 156: Power to order payment of interest
1) Where judgment is made holding any party to the case liable to pay compensation or any other cash to the other party, payment of such compensation or cash shall be made not later than two months of the date of receipt of notice of the judgment or decision.
2) In the event of failure to pay such compensation or cash within the period referred to in sub-section (1), interest on such compensation or cash to be set by fifteen percent thereof shall be paid or recovered with effect from the date of judgment in the case.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 157: Case may be compromised
1) Notwithstanding the state of the proceeding of a case running in the Labour Court under this Act, the Labour Court may, on the basis of the application made by the concerned party, give permission to compromise, defer or withdraw such a case.
2) When compromising, deferring or withdrawing the case pursuant to sub-section (1), no fine, royalty or fee of any kind shall be charged.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 158: High Court to perform functions of Labour Court
1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal may, by notification in the Nepal Gazette, assign the functions of the Labour Court to any High Court upon specifying its jurisdiction.
2) The High Court assigned pursuant to sub-section (1) may exercise all such powers as may be exercisable by the Labour Court pursuant to this Chapter while trying and adjudicating the case.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 159: To forward the matter to the body having jurisdiction
In making a decision on a case filed in the Labour Court or the Office pursuant to this Act or the prevailing law that it has no jurisdiction, the Labour Court or Office shall appoint the date for appearance and send the parties, along with its case-file, to the concerned competent body for a decision.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 160: Procedures of the cases
Other provisions relating to the procedures of the cases to be filed in the Labour Court shall be as prescribed.

Labour Act 2074

Chapter-22 Provisions Relating to Labour Court

Section 161: Appeal to the Supreme Court
1) Any party who is dissatisfied with the order or judgment made by the Labour Court in a case originally tried and adjudicated by the Labour Court may make an appeal to the Supreme Court within thirty-five days of the date of knowledge of such an order or judgment.
2) Any decision made on appeal by the Labour Court shall be final.
Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 162: Right to make complaint
Where any person, employer, labour or office-bearer acts in violation of this Act or the rules framed under this Act, the party who is aggrieved by such act or the concerned trade union, with the written consent of the aggrieved party may make a complaint to the authority competent to make a decision pursuant to Section 163 or 164, not later than six months from the date of commission of such act.
Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 164: Decision may be made by the Labour Court
1) If any person engages anyone in forced labour, the Labour Court may punish such a person with imprisonment for a term not exceeding two years or a fine not exceeding five hundred thousand rupees or both and require such person to pay remuneration, allowance and benefits including damages that is two times of such amount to the labour.
Provided that if any person takes another person outside Nepal and engages him or her in forced labour, it shall also order the recovery of expenses incurred in bringing that other person into Nepal.
2) If any person dies or suffers grievous hurt as a result of violation, knowingly or recklessly, of any provision relating to occupational safety and health set forth in this Act or the rules framed under this Act or any person dies as or gets any of his or her bodily organ disabled or his or her physical or mental state becomes adversely affected a result of infection of occupational disease
caused as a result of performance or non-performance of any act or any part of the body becomes disabled or physical or mental state, the person who commits such act shall be liable to the punishment, if any, provided for in the prevailing law and, failing such provision, to the punishment of imprisonment for a term not exceeding two years, and the Labour Court may require such person to pay appropriate compensation to the aggrieved person.
3) Where a corporate body commits any offence punishable under this Act, such body shall be punished with a fine, and if imprisonment is also imposable for such offence, the chief executive of such body shall be imprisoned accordingly.

Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 165: Appeal
1) Any person who is not satisfied with any order or decision made by the Department or Office in accordance with this Act or the rules framed under this Act may make an appeal to the Labour Court within thirty-five days.
2) Any labour who is not satisfied with any decision made by the employer to terminate employment or with punishment imposed with respect to misconduct may make an appeal to the Labour Court within thirty-five days of the date of receipt of a notice of that decision or punishment.
3) Notwithstanding anything contained in sub-section (2), nothing shall be deemed to bar the making of an appeal accordingly if the bylaws of any enterprise provide for an internal appeal.
4) The aggrieved party may make an appeal to the Labour Court within thirty-five days of the date of receipt of a notice of the decision made by the appeal hearing body or of the date of sixty days of the date on which appeal was made if such party does not receive a notice about the decision on appeal within that period.
Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 166: Decisions to be executed
1) After a decision or judgment made by the Labour Court pursuant to this Act has become final or the limitation for making an appeal has expired, the concerned party shall execute such decision or judgment.
2) The concerned party shall execute, in good faith, any agreement reached in respect of an individual or collective claim between a labour or trade union and the employer bilaterally or before the Office or any other body or authority or any arbitral award.
3) Where the concerned party fails to execute the agreement or decision pursuant to sub-section (1) or (2), the other party may, on his or her own or through the trade union or employers’ association, make an application to the Office for that purpose.
4) On receipt of the application pursuant to sub-section (3), the Office shall write to the concerned employer or labour for the execution of such agreement, decision or judgment.
5) If so asked pursuant to sub-section (4), the concerned employer or labour shall execute such an agreement, decision or judgment within fifteen days from the date of receipt of such direction.
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6) The decision made by the department, office or officer empowered to make a decision pursuant to this Act and the regulations made under this Act shall be implemented by the concerned party.
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7) The department or office may take action against the party who does not implement the decision of the department, office or officer pursuant to Sub-section (6) in accordance with this Act and the regulations made under this Act.
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Added by the Act to Amend Certain Nepal Acts, 2074.

Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 167: Power of the Office to have execution of decisions
1) Where the decision, judgment or agreement is not executed pursuant to Section 166, the concerned party may make an application to the Office.
2) On receipt of the application pursuant to sub-section (1), the Office may cause such a decision, judgment, or agreement to be executed by adopting any or all of the following measures vis-à-vis the employer, enterprise or labour who has to execute such decision, judgment or agreement:
(a) To send a request to the concerned body or authority to withhold any immovable property or auction the property,
(b) To send a request to freeze a bank account,
(c) To send a request for the suspension or withholding of such concessions or facilities as may be enjoyable pursuant to the prevailing law,
(d) To suspend the labour permit or license of the concerned party,
(e) To make any other appropriate order.
3) If so requested by the Office to do any act referred to in sub-section (2), the concerned body shall do accordingly.
4) If the decision or judgment is not executed within three months from the date when the application was made pursuant to sub-section (1) or within fifteen days of the completion of the process referred to in sub-sections (2) and (3) or such a decision or judgment is challenged legally, a complaint may be made in the Labour Court for punishment pursuant to Section 168.
Labour Act 2074

Chapter-23 Provisions Relating to Complaint, Punishment and Appeal

Section 168: Power to impose punishment in the event of non-execution of judgment,  compromise or agreement
1) The Labour Court shall give a notice prescribing the time limit to the concerned party for the execution of any judgment on labour-related matters made by the Labour Court or the Supreme Court.
2) The Labour Court may impose the punishment with a fine not exceeding one hundred thousand rupees or with imprisonment for a term not exceeding one year on any employer or labour who fails to execute or delays or lingers the implementation of the order given by the Office for the execution of the order, judgment made by the Labour Court or arbitral award or understanding or agreement entered into between the employer and the labour pursuant to this Act.
Provided that if the order, judgment, compromise, agreement or understanding is executed within the period prescribed by the Labour Court, the Labour Court may annul such punishment or give partial or full exemption from the enforcement of such punishment if already sentenced.

Labour Act 2074

Chapter-24 Miscellaneous

Section 169: Procedure relating to service of notice
1) A process or notice sent by the employer to the labour or vice versa shall immediately be acknowledged, and a receipt of such acknowledgement be provided.
2) Where a process or notice could not be served in accordance with sub-section (1), such a process or notice shall be deemed to have been received by the concerned party if it is sent by registered courier or post to his or her address, with one copy thereof being posted at the workplace, and a memorandum being executed in witness of three persons, and information thereof is given to the Office.
Provided that in the case of the application or notice given by the labour, it is not required to post it at the workplace.
3) Where refuses to accept such a process or notice, it may be sent through fax or email, or other electronic means of communication to him or her. If so sent, such a process or notice shall be deemed to have been served except as otherwise proved.
4) Where, in the case of any matter required to be informed by the employer collectively, such information shall be deemed to have been received by all the labourers if the notice thereof is posted on the notice board of the workplace and written information thereof is given to the trade unions active in the enterprise.

Labour Act 2074

Chapter-24 Miscellaneous

Section 170: Fixation of basic remuneration
1) The basic remuneration of labour for task-based employment shall be determined as prescribed.
Provided that if not so determined, the minimum remuneration fixed for the labourers shall be regarded as the basic remuneration.
2) In the case of labourers on piece rate work, the rate of wage per piece shall be determined as prescribed on the basis of the minimum remuneration fixed pursuant to this Act.
Labour Act 2074

Chapter-24 Miscellaneous

Section 171: Special provisions relating to managers and managerial level labours
1) Notwithstanding anything contained elsewhere in this Act, nothing contained in this Act shall be deemed to bar the hiring of a managerial level labour working in the capacity of chief executive on time-based employment, fixing of terms and benefits of service and termination of his or her service.
2) The managers and managerial level labourers are not allowed to submit collective demands or take part in collective bargaining or in a strike on behalf of any trade union.

Labour Act 2074

Chapter-24 Miscellaneous

Section 172: Entitlement to remuneration and other benefits
1) Where a labour who is terminated from the employment is reinstated in employment by an order or decision of the Office or Department or Labour Court, such labour shall be entitled to receive the remuneration and other benefits from the employer for the period from the date of termination to the date of reinstatement.
2) Nothing contained in this Act shall be deemed to bar the making of judgment enabling the labour to receive a reasonable amount as compensation in addition to the amount referred to in sub-section (1) from the employer, instead of reinstating such labour on the basis of the merits of the case.

Labour Act 2074

Chapter-24 Miscellaneous

Section 173: Increment of insurance amount
On the recommendation of the Council, the Government of Nepal may, by notification in the Nepal Gazette, periodically increase the medical insurance and accidental insurance amount specified in this Act.

Labour Act 2074

Chapter-24 Miscellaneous

Section 174: Delegation of authority
The Ministry or Department or Office may so delegate any or all of the powers conferred on it by this Act that such power is exercisable by any office or officer. If such delegation is made, a notice thereof shall be published in the Nepal Gazette.

Labour Act 2074

Chapter-24 Miscellaneous

Section 175: Saving of acts done in good faith
No action shall be instituted against any labour inspector, occupational safety and health inspector or any officer or employer or labour deputed in inspection for the loss or damage, if any, caused to any person as a result of any act done or attempted to be done in good faith in the course of performing his or her duties.
Provided that such person shall be personally liable with respect to any act done knowingly or with bad intention.
Labour Act 2074

Chapter-24 Miscellaneous

Section 176: Special powers of the Ministry
If information is received that the party is compelled to suffer harassment because of failure to decide any application made to the Office or Department for a long time, except for the matter which is sub judice in the Labour Court under this Act or if it seems appropriate that such application is to be proceeded with by the Ministry because of the subject matter contained in the application being complex, nothing contained elsewhere in this Act shall be deemed to bar the Ministry form examining and deciding such application. The decision so made shall be deemed to be a decision made by the body of first instance, and the party who is not satisfied with such decision may make an appeal to the Labour Court.

Labour Act 2074

Chapter-24 Miscellaneous

Section 177: Labour coordination committee
1) There shall be a central-level labour coordination committee consisting of such members as prescribed, under the chairpersonship of the Director General of the Department.
2) The functions, duties and powers of the committee shall be as prescribed.

Labour Act 2074

Chapter-24 Miscellaneous

Section 178: Transitional provisions
1) The labourers engaged in permanent service at the time of commencement of this Act shall ipso facto be deemed to be the labourers in regular employment pursuant to this Act.
2) The labourers employed on contract, daily wage basis or otherwise at the time of commencement of this Act shall be required to make the employment contract pursuant to Chapter 3. Nothing contained in this Act shall be deemed to bar the making of adjustment of the remuneration and benefits receivable at the time of making such employment contract to the provident fund amount and other benefits payable pursuant to this Act not later than three months of the commencement of this Act.
3) Nothing contained in this Act shall be deemed to be prejudicial to the conditions of service and benefits of any labour who is receiving the benefits in excess of that set forth in the Act under the prevailing law or collective agreement at the time of the commencement of this Act.
4) For the purpose of sub-section (3), the benefits that remain after paying the benefits specified in the Act to the prescribed body shall be provided by adjusting the same in other headings.
5) Where any judgment made by the Office, Labour Court or other court under the Labour Act, 1992 (2048) and Trade Union Act, 1992 (2049) before the commencement of this Act has not been executed and an application is made within one year of the date of the commencement of this Act, such a judgment, decision or order shall be executed or caused to be executed as if it were made in accordance with this Act.
6) The welfare fund established under Section 37 of the Labour Act, 1992 (2048) and Section 13 of the Bonus Act, 1974 (2030) shall continue its operation until a separate law relating to social security is made.
7) The Court in existence at the time of the commencement of this Act shall exist until the formation of the court pursuant to this Act.
Labour Act 2074

Chapter-24 Miscellaneous

Section 179: This Act to prevail
The matters contained in this Act and the rules framed under this Act shall be governed by this Act and Regulation and the other matters by the prevailing laws.

Labour Act 2074

Chapter-24 Miscellaneous

Section 180: This Act not to apply
1) The following matters shall be governed as follows:
(a) This Act shall not apply to the Nepal army, Nepal Police, Armed Police Force and National Investigation.
(b) The prevailing law relating to civil service shall apply in the case of the civil service.
2) Where the prevailing law provides for the conditions and benefits of service in relation to the service established under a special law and the special economic zone, such service shall be governed accordingly.
3) Where the prevailing law has no provision in relation to the remuneration, conditions and benefits of service of any labour, the provisions of this Act shall ipso facto apply in the case of the remuneration, conditions and benefits of service of such labour.
4) When making any decision, order or judgment that this Act will not apply to any labour, such decision, order, or judgment shall be made setting out, inter alia, which law provides for the rights and benefits conferred by this Act in the case of such labour.
5) Where the employer of an enterprise to which the Working Journalists Act, 2051 applies executes the employment contract pursuant to this Act or any agreement thereby making applicable the provisions of this Act between the employer and the labour of such enterprise, this Act shall also apply to such labour.

Labour Act 2074

Chapter-24 Miscellaneous

Section 181: To frame and implement directives and procedures
1) The Ministry may, for the purpose of implementation of this Act or the rules framed under this Act, frame and implement necessary directives and procedures.
2) Employers’ commodities associations or federations and trade union associations or federations may frame and implement codes of good labour practice on policy matters relating to labour.

Labour Act 2074

Chapter-24 Miscellaneous

Section 182: Powers to frame rules
1) The Government of Nepal may frame necessary rules for the implementation of this Act.
2) When framing rules pursuant to sub-section (1), separate rules may be framed in the case of businesses, services and industries of special nature or of the informal sector.

Labour Act 2074

Chapter-24 Miscellaneous

Section 183: Repeal and saving
1) The following Acts have been repealed:
(a) The Labour Act, 1992 (2048),
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(b) The Industrial Apprenticeship and Training Act, 1983 (2039),
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(c) The Retirement Fund Act, 1986 (2042).
2) The cases filed and sub judice under the Acts set forth in sub-section (1) shall be transferred to the Labour Court.
3) Any acts and actions performed under the Acts set forth in sub-section (1) shall be deemed to have been performed under this Act.
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Amended by the Act to Amend Certain Nepal Acts, 2075 BS.
Note: The “Ministry of Labour and Employment” has now been replaced by the “Ministry of Labour, Employment and Social Security”.
श्रम ऐन २०७४

प्रस्तावना
श्रम ऐन, २०७४
प्रमाणीकरण तथा प्रकाशित मिति
२०७४/५/१९
संशोधन गर्ने ऐन
केही नेपाल ऐन संशोधन गर्ने ऐन, २०७५                                २०७५।११।१९
सम्वत्‌ २०७४ सालको ऐन नं. १४
प्रस्तावना: श्रमिकको हक, हित तथा सुविधाको व्यवस्था गर्न, श्रमिक र रोजगारदाताको अधिकार तथा कर्तव्यको स्पष्ट व्यवस्था गरी असल श्रम सम्बन्धको विकास गर्न, श्रम शोषणका सबै अवस्थालाई अन्त्य गरी उत्पादकत्व वृद्धि गर्न श्रम सम्बन्धी कानूनलाई संशोधन र एकीकरण गर्न वाञ्छनीय भएकोले,
नेपालको संविधानको धारा २९६ को उपधारा (१) बमोजिमको व्यवस्थापिका-संसदले यो ऐन बनाएको छ ।

श्रम ऐन २०७४

परिच्छेद-१ प्रारम्भिक

दफा १ः संक्षिप्त नाम र प्रारम्भ
१) यस ऐनको नाम “श्रम ऐन, २०७४” रहेको छ ।
२) यो ऐन तुरुन्त प्रारम्भ हुनेछ ।