Labour Act 2074

Chapter-20 Provisions Relating to Conduct and Punishment

Section 131: Misconduct and punishment
1) If a labour commits the following misconduct, he or she may be reprimanded:
(a) To remain absent from the work without having a leave sanctioned,
(b) To leave the workplace without obtaining permission from the management,
(c) To appear late from  work frequently without obtaining permission,
(d) To disobey any order given in relation to the work by the employer or any employee superior in level to him or her,
(e) To commit such other misconduct as specified in the bye-law.
2) In the event of commission of any of the following misconducts, remuneration equal to a maximum of one day may be deducted:
(a) To refuse to receive any letter or notice given by the employer or sentencing authority,
(b) To take part in an illegal strike or force others to do so or make delay or slow in work collectively,
(c) To cause loss or damage to the enterprise by decreasing the production or service recklessly or negligently,
(d) To make attempt to take benefits by submitting false documents,
(e) To not use the equipment provided by the employer if he or she is the labour responsible for using such equipment,
(f) To commit such other misconduct of similar nature as specified in the bye-law.
3) In the event of commission of any of the following misconducts, an annual salary increment of one year may be withheld or promotion withheld for one year:
(a) To take any property outside the enterprise without the permission of the competent person and use it or allow it to be used by any an unauthorised person,
(b) To make an attempt to make embezzlement in the employer’s transaction,
(c) To damage the employer’s property recklessly or negligently,
(d) To stop the supply of food, water, telephone, electricity service or prevent movement within the workplace,
(e) To intentionally misuse, or cause loss or damage to any goods kept or provisions made for the benefit, safety or health of the labourers,
(f) To commit such other misconduct of a similar nature as specified in the by-law.
4) A labour may be dismissed from the service if he or she commits anyone any of the following misconducts:
(a) To batter or cause bodily injury to, or take hostage the employer, any labour, customer or any person concerned with the workplace with or without the use of arms or weapon, or cause unrest or destruction in the area of the enterprise,
(b) To take or give a bribe,
(c) To steal any one’s property in the workplace
(d) To make financial misappropriation in the enterprise,
(e) To intentionally cause damage to any property that belongs to or is in the custody or use of the employer,
(f) To remain absent from the work for more than thirty consecutive days without having a leave sanctioned,
(g) To do any act of divulging secrecy of any production technology-related formula or confidential information of the enterprise or workplace where he or she is working with the intention of causing loss or damage to such an enterprise,
(h) To act in collaboration with a competitive employer in the similar nature of business of the enterprise or carry on any competitive business on his or her own or provide any secret information of the enterprise where he or she is employed to any competitive employer,
(i) To get convicted by the court of any criminal offence involving moral turpitude during the period of employment,
(j) To make and submit any fake educational certificate and other certificate for the purpose of appointment,
(k) To consume narcotic substance or liquor during working hours or come to the workplace upon consuming the same,
(l) To get punished for committing more attempts than two times attempt misconduct pursuant to sub-sections (1), (2) and (3) within a period of three years,
(m) To commit any misconduct if the prevailing law provides for the dismissal from service in the case of commission of such misconduct.