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

Chapter-2  Basic Provisions Relating to Labourers

Section 8: Right relating to trade union
1) Every labourer shall, subject to this Act and other laws, have a right to form and operate a trade union, acquire membership to, or get affiliated with, such union, or be involved in other activities relating to trade union.
2) While exercising the right relating to labour pursuant to this Act and other laws, the labour shall be dutiful and responsible towards the employer.

Labour Act 2074

Chapter-2  Basic Provisions Relating to Labourers

Section 9: Right to remedy
In the event of an infringement of any right conferred by this Act and other law to labour, such labour can get remedy pursuant to this Act or other law.

Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 10: Types of employment
1) An employer may engage a labour in any type of the following employment:
(a) Regular employment,
(b) Work-based employment,
(c) Time-based employment,
(d) Casual employment,
(e) Part-time employment.
Explanation: For the purpose of this Section, –
(1) “Regular employment” means employment of any type whatever other than that set forth in clauses (b), (c) and (d).
(2) “Work-based employment” means employment that the employer provides or has provided specifying any particular work or service for performance.
(3) “Time-based employment” means employment that the employer provides or has provided to the labour, specifying a certain period on the condition that the labour has to provide any service or perform any work within that period.
(4) “Casual employment” means employment that the employer provides or has provided to the labour on the condition that the labour has to provide any service or perform any work for seven days or less within a period of one month.
(5) “Part-time employment” means employment that the employer provides or has provided to the labour on the condition that the labour has to perform a work in thirty-five hours or less than thirty-five hours a week.
2) If there arises a question as to whether any employment is regular or not, it shall be determined as prescribed on the basis of the nature of the work, notwithstanding anything contained in the employment contract.

Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 11: Prohibition on employment without entering into employment contract
1) No employer shall employ a person without entering into an employment contract.
2) Notwithstanding anything contained in sub-section (1), it shall not be necessary to enter into an employment contract in writing for a casual employment.
3) While entering into an employment contract pursuant to sub-section  (1), remuneration, benefits to be received by the labour, conditions of employment and other matters as prescribed shall be set out in such a contract.
Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 12: Employment relationship to be established
1) Where the employer enters into an employment contract with labour or employs labour verbally or engages a worker in casual employment, the employment relationship between the employer and the employee shall be established, or in the case of casual employment, such relation is established from the date or time when the labour is employed or, he or she provides the service.
2) Where there arises a dispute as to whether the employment relationship has existed between an employer and labour, such a dispute shall be settled by the Office.
3) Where the dispute referred to in sub-section (2) is also included in any issue that is
sub judice
in the Department or a Court, such a dispute shall also be settled by the Department or Court.
4) For the purpose of sub-section (2), the Office may give an order to the employer to submit any evidence or document relating to the employment which remains in his or her custody, and if the employer does not submit such evidence or document in pursuance of the order, the employment relationship between the employer and the labour shall be deemed to have been established.

Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 13: Provision relating to probation period
In entering into an employment contract with a labour, the employer may so enter into the contract that he or she remains in a probation period for six months and terminate the employment contract with the labour if his or her work is not satisfactory during the probation period. After the end of the probation period for a labourer for whom the employment contract has not been terminated, the employment relation shall
ipso facto
be deemed valid.
Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 14: Continuity of existence of the employment relationship despite change in ownership
1) In the case of a change in or transfer of ownership of any work or business or any part thereof of any employer or hand over of such a work or business to another person for its operation or creation of a new enterprise or business as a result of the merger of two or more enterprises or businesses, the employment relationship of the labour working in such an enterprise or business
the ownership of which has been so changed or transferred or which has been so handed over to the other person for its operation or in the enterprise or business which has been merged shall continue to exist.
2) For the purpose of sub-section (1), the employer who so undertakes the ownership or acquires the ownership by way of transfer or undertakes responsibility to operate the work or business or, in the case of a merger of businesses or enterprises, the new enterprise or business created from such merger or, in the case of the transfer of the ownership and liability of a project in accordance with the prevailing law relating to private investment in the building and operation of infrastructures, the enterprise undertaking such ownership and liability shall bear the liability under this Act or the rules framed under this Act or the collective agreement, if any, entered into.
Provided that if any agreement on interim management has been made between the previous employer, new employer and union of the concerned enterprise, the provisions of the agreement shall apply.

Labour Act 2074

Chapter- 3  Provisions Relating to Employment

Section 15: Continuity of existence of employment relationship during the period held in  reserve
1) If any special circumstance arises in the workplace, the employer may suspend the work and hold the worker in reserve.
Explanation: For the purpose of this Section, “special circumstance” means a situation involving the shortage of electricity, water, raw materials or, lack of financial resources or inability to reach the workplace or work or operate the workplace because of the occurrence of any situation beyond control.
2) Where any labour is held in reserve pursuant to sub-section (1), the employment relationship between such an employer and worker shall continue to exist.
3) Any employer employing ten or more labourers may hold the labour in reserve for a period not exceeding fifteen days, pursuant to sub-section (1).
Provided that if it is necessary to hold in reserve for more than the said period, the employer shall consult with the authorised trade union or labour relation committee.
4) Other provisions relating to holding the labour in reserve shall be as prescribed.
Labour Act 2074

Chapter-4  Provisions Relating to Trainees and Apprentices

Section 16: Trainees may be engaged in work
(1) Any enterprise may, by making an agreement with any educational institute, employ any person as an apprentice in accordance with the approved curriculum of such an institute.
(2) The apprentice referred to in sub-section (1) shall not be deemed a labour for this Act’s purpose.
Provided that if the person is employed contrary to the approved curriculum, he or she shall be deemed to be a labour in the regular employment.

Labour Act 2074

Chapter-4  Provisions Relating to Trainees and Apprentices

Section 17: Provisions relating to labour to be applicable
(1) Notwithstanding anything contained in Section 16, in employing an apprentice pursuant to this Chapter, he or she shall not be engaged in work for more than eight hours a day and forty-eight
hours a week.
(2) The provisions relating to occupational health and safety shall apply to the apprentices as if they were labourers.
(3) Where an apprentice meets with an accident in the course of performing the work of the enterprise, the enterprise shall, unless otherwise agreed between the enterprise and the educational institute, have medical treatment of such an apprentice and provide compensation to him or her if he or she suffers grievous hurt as if he or she were a labour.
(4) The matters other than those set forth in sub-sections (1), (2) and (3) shall be as mentioned in the agreement between the enterprise and the educational institute.

Labour Act 2074

Chapter-4  Provisions Relating to Trainees and Apprentices

Section 18: Engagement in work as trainee labour
(1) An employer may employ any person as a trainee providing on-the-job training.
(2) The period of training referred to in sub-section (1) shall not be more than one year.
Provided that any period is specified by the prevailing law for a specific work or specific training period is required for it, a trainee may accordingly be employed for that period.
(3) The employer shall provide the person employed a trainee pursuant to this Section with at least such facilities as may not be less than the minimum remuneration and other social security benefits including the sick leave, gratuity, provident fund and insurance.
(4) The employer shall not be compelled to continue the employment of the trainee after the completion of the training period.
Provided that if the same employer engages the trainee in work, the probation period shall not apply to him or her.
Labour Act 2074

Chapter-5  Provisions Relating to Part-Time Labourers

Section 19: Part-time employment
1) An employer may employ a part-time labourer part-time.
Provided that a worker who works full time shall not be employed in part-time work without his or her consent.
2) The remuneration of part-time labourers shall be fixed generally on the basis of working time (hours) or on the basis of the employment contract entered into between the two parties.
3) While fixing the remuneration of the part-time labourers pursuant to sub-section (2), such remuneration shall be fixed on the basis of at least the monthly remuneration of the labourers working full-time at the same level for work of the same nature.
4) Where a labour employed part-time pursuant to this Section is employed in the overtime work, such labour shall be provided with a remuneration that is 1.5 times the remuneration to which he or she is entitled under sub-section (2).

Labour Act 2074

Chapter-5  Provisions Relating to Part-Time Labourers

Section 20: Not to restrain from working elsewhere
No part-time labour shall be restrained from working elsewhere.

Labour Act 2074

Chapter-5  Provisions Relating to Part-Time Labourers

Section 21: Provisions relating to social security
In the case of a part-time labour who works for more than one employer, each employer shall, on the basis of the basic remuneration to which the labour is entitled, make a contribution for gratuity, provident fund or other social security-related benefits.
Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 22: Restriction on employment of foreigners
1) No employer shall employ any foreign citizen as a labour without obtaining a work permit from the Department.
2) Notwithstanding anything contained in sub-section (1), the employer may, if the skilled labour that it needs cannot be supplied from among Nepali citizens, employ a foreign labour subject to this Section.
3) Prior to employing foreign labour pursuant to sub-section (2), the employer shall publish an advertisement in a national daily newspaper in order to acquire the required skilled labour from among the Nepali citizens. If, in spite of such an advertisement, no application is received from any Nepali citizen as prescribed or any Nepali citizen cannot be selected, the employer may make an application, accompanied by the evidence thereof, to the Department for the work permit for employing foreign labour.
1
Provided that advertisements shall not be required to be published in the case of foreign nationals coming to work as technicians or experts pursuant to this Act on matters specified in the investment agreements entered into by various ministries, departments, the Investment Board of the Government of Nepal and associations, organisations or other official bodies wholly or partially owned by the Government of Nepal with the approval of the Government of Nepal or the concerned ministry.
4) The Department may, if it deems reasonable upon inquiring into the application received under sub-section (3) and the evidence attached therewith, issue a work permit for the employment of a foreign skilled labour.
5) Any employer who employs foreign labour by obtaining the work permit pursuant to sub-section (4) shall make arrangements for making Nepali citizens skilled and gradually replacement of foreign labourers.
6) The fees and other provisions relating to the work permit shall be as prescribed.
1 Amended by the Act to Amend Certain Nepal Acts, 2075 BS.

Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 23: Foreign citizen to obtain work permit to work in Nepal
1) A foreign labourer shall obtain the work permit as prescribed in order to work in Nepal.
2) Notwithstanding anything contained elsewhere in this Act, any foreign citizen who works in Nepal shall, except where he or she is entitled to diplomatic immunity or is not required to obtain a work permit under any treaty or agreement concluded with the Government of Nepal, obtain a work permit as prescribed.
Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 24: Work permit may be issued
Notwithstanding anything contained in Sections 22 and 23, the Department may, upon maintaining the records, issue the work permit to foreign nationals in the following circumstances:
(a) The chief executive of an enterprise with foreign investment or operated with foreign assistance and such number of labourers as prescribed to work in that enterprise,
(b) Any technician who comes to repair or maintain any machinery object or install any new technology, or to do similar other unforeseen work for a period of three months or less than three months.

Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 25: Language of the contract
While entering into the employment contract with a foreign labour and providing information relating to the work to be performed by him or her, conditions of his or her service and benefits, the employer shall enter into, or cause to be entered into, such a contract or provide such information in such a language that he or she understands or in the English language.

Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 26: Remuneration may be repatriated in convertible foreign currency
Any foreign labour who has obtained the work permit pursuant to this Chapter shall be allowed to repatriate to his or her country the amount of remuneration earned by working in Nepal in a convertible foreign currency.

Labour Act 2074

Chapter-6  Provisions Relating to Work Permit

Section 27: Remuneration, conditions of service, benefits of and other provisions relating  to foreign labours
1) The remuneration to which a foreign labour is entitled for the work performed, conditions of service and benefits of him or her shall be so mentioned in the time-based or task-based employment contract entered into between the employer and the labour as not being less favourable than the standards set by this Act or the rules framed under this Act.
2) The employment contract shall remain valid for such a period as mentioned in that contract and, failing such a provision, for a period not exceeding three years.
3) Other provisions relating to foreign labourers shall be as prescribed.

Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 28: Working hours
1) No employer shall employ labourers to work more than eight hours a day and forty-eight hours a week.
2) The labourers shall be provided with half an hour’s rest after five hours of continuous work.
3) In cases where work is not to be stopped and is to be carried out continuously, labourers shall be provided with such rest time turn by turn.
4) The rest time to be provided pursuant to sub-sections (2) and (3) shall be counted in the working hours referred to in sub-section (1).
Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 29: Not to compel to work overtime
1) No employer shall compel labour to work more than the hours set forth in sub-section (1) of Section 28.
2) Notwithstanding anything contained in sub-section (1), if the non-performance of a work is likely to cause an adverse effect on the life, safety and health of any person or a serious loss or damage to the employer, the concerned labour may, subject to sub-section (1) of Section 30, be caused to work overtime.

Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 30: Provisions relating to overtime
(1) Where an employer needs to cause any labour to work for more than the working hours specified subject to Section 28, such labour may be caused to work not exceeding four hours a day and twenty-four hours a week.
(2) The work which any labour has been caused by the employer to perform without giving the substitute leave pursuant to Section 42 shall be deemed to be overtime work.

Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 31: Additional remuneration to be paid
1) While employing any labour to work overtime pursuant to Section 30, the employer shall pay the labour remuneration at a rate of 1.5 times the basic remuneration receivable during regular work hours.
2) Notwithstanding anything contained in sub-section (1), nothing contained in this Section shall bar the collective agreement to provide for certain benefits or the providing of such benefits as mentioned in the employment contract in the case of the labour of managerial level,
in lieu
of the additional remuneration receivable for overtime work.

Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 32: Fixation of working hours
1) Where an employment contract specifies the starting and finishing time of working hours for workers, it shall be followed accordingly, or in its absence, it shall be as determined by the employer.
2) Other provisions relating to working hours shall be as prescribed.

Labour Act 2074

Chapter-7  Provisions Relating to Working Hours

Section 33: Arrangement for transportation to be made
In employing female labour where the working hours begin after sunset or before the sun rises, the employer shall make necessary arrangements for transportation to and from the workplace.

Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 34: Entitlement of labours to remuneration
(1) Each worker shall be entitled to receive the remuneration and benefits from the date on which he or she starts the work.
(2) The remuneration and benefits to which a labourer is entitled shall be so specified in the employment contract as not to be less than that specified in this Act and the rules framed under this Act.
(3) Except as mentioned in the collective agreement between the employer and the labour, the remuneration and benefits being received and enjoyed by the labour shall not be decreased.
Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 35: Payment of remuneration
1) In paying the remuneration to the labour, the employer shall make such payment in accordance with the provision, if any, mentioned in the employment contract to that effect, and failing such a provision, at such a time as determined by the employer.
Provided that the remuneration shall be paid as follows to the following labour:
(a) In the case of a labour working for a period of less than one month, within three days from the date of completion of the work.
(b) In the case of a labour employed in a casual work immediately after the completion of the work.
2) Notwithstanding anything contained in sub-section (1), the interval between the dates for payment of remuneration shall not be more than one month.

Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 36: Entitlement to annual increment in remuneration (grade)
Any labour who has completed one year of service period shall be entitled to an annual increment in remuneration (grade) each year in an amount equal to at least half a day remuneration based on the monthly basic remuneration to which the labour is entitled.

Labour Act 2074

Chapter-8  Provisions Relating to Remuneration

Section 37: Entitlement to festival expense
1) Each labour shall be entitled to an amount equal to the basic remuneration of one month as the festival expense each year for the festival to be celebrated according to his or her religion, culture and tradition.
2) A labour may make a written request to the employer for the payment of the festival expense referred to in sub-section (1) at one time in one fiscal year on the occasion of the main festival to be celebrated according to his or her religion, culture and tradition. In the case of such a request, the festival expense shall be provided at the time of the Dashain festival every year.
3) A labour who has not completed one year of service period on or before the day of payment of the festival expense shall be entitled to such expense in proportion to the period of service he or she has completed.