chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Jhora Area Land Act, 1971

3. Cessation of landowner's right: (1) In respect of land in the Jhora area where this Act has come into force, which has not been personally cultivated by the landowner but has been cultivated by a tenant cultivator (Raiyat), all kinds of rights and interests of such landowner shall cease.

(2) Except where expressly provided in this Act, even if any person has, in any manner, become entitled to receive any land in the Jhora area up to the time of commencement of this Act, such person shall not, after the commencement of this Act, receive land in the Jhora area accordingly nor shall the land be registered in his name.

(3) The Government of Nepal shall give compensation, as prescribed, not exceeding five times the amount of land revenue assessed on such land, to the landowner whose rights in the land cease under sub-section (1). Provided that no compensation shall be given for any land which has not been registered according to the prevalent Nepal law.

(4) The landowner shall receive the amount of compensation payable under sub-section (3) from the prescribed office or institution as prescribed. 4. Sale and distribution of land: (1) The prescribed officer shall, at the prescribed price, sell and distribute as prescribed, the land in the Jhora area where this Act has come into force, to the tenant cultivator who has been cultivating the land while residing in that area for at least one year, at a rate not exceeding four _bighas_ in consideration of the size of his family.

(2) Land remaining after sale and distribution under sub-section (1) shall be sold and distributed by the prescribed officer to the prescribed category of persons at the prescribed price and as prescribed. 5. Registration of land: (1) The prescribed officer shall register in the prescribed register the land sold and distributed under section 4 in the name of the person entitled to the sale and distribution, and shall send a certified copy thereof to the concerned Land Revenue Office (Mal Adda), or in a district where there is no Land Revenue Office, to the Land Administration Office.

(2) Upon receipt of the certified copy of the register under sub-section (1), the concerned Land Revenue Office or Land Administration Office shall register the land in the name of the person entitled thereto in the capacity of a landowner. 6. Conditions to be observed by the person acquiring land: The person acquiring land under section 4 shall observe the following conditions:—

(a) The prescribed price of such land shall be paid in cash in a lump sum or in installments within the stipulated time at the prescribed office as prescribed.
Jhora Area Land Act, 1971

Conditions to be observed by the person acquiring land: The person acquiring land under section 4 shall observe the following conditions:—

(a) The prescribed price of such land shall be paid in cash in a lump sum or in installments within the stipulated time at the prescribed office as prescribed. Provided that nothing in this section shall be deemed to prevent any person from paying the whole amount payable or any installment amount payable before the stipulated time.

(b) Until the full amount payable for such land is paid, the land acquired under section 4 shall not be sold, transferred, gifted, or otherwise alienated in any manner, nor shall it be mortgaged to any person other than the Agricultural Development Bank or an institution established by a law relating to providing loans to farmers or the prescribed administration.

(c) Land revenue leviable according to the prevalent Nepal law on such land shall be paid from the year in which such land is registered. 7. Power to adopt Special Court procedure and exercise powers: In relation to disputes arising in the course of performing tasks under this Act, the prescribed officer shall adopt the procedure and exercise the powers of the Special Court Act, 2059. 8. Penalties: (1) If any person obtains land by showing false particulars or violates any provision of section 6, the prescribed officer may confiscate the land obtained by him and the amount paid for acquiring such land.

(2) If any person obstructs or opposes the performance of tasks under this Act, the prescribed officer may impose on him a fine of up to one thousand rupees or imprisonment for up to one year, or both. 9. No complaint or appeal to lie: No suit, complaint or appeal shall lie in any court against any act or decision done by the prescribed officer under this Act or the rules made under this Act. Provided that if a complaint is made against such decision of the prescribed officer, the Government of Nepal may have it reviewed. 10. Power to make rules: The Government of Nepal may make rules for the purpose of implementing this Act. 11. Saving: Matters written in this Act and the rules made under this Act shall be according to those provisions, and in other matters, according to the prevalent Nepal law.
Labour Act, 2017

Labour Act, 2074

Certification and Publication Date
2074.05.19

Amending Acts

1. Some Nepal Acts Amendment Act, 2075 2075.11.19
2. Act to Amend Some Nepal Acts Relating to Good Governance Promotion and Public Service Delivery, 2081 2081.12.18
3. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act Number 14 of the year 2074

An Act Made to Amend and Consolidate Laws relating to Labour

Preamble: Whereas, it is expedient to amend and consolidate laws relating to labour to make provisions for the rights, interests and facilities of workers, to develop good labour relations by making clear provisions for the rights and duties of workers and employers, to end all forms of labour exploitation and increase productivity,

Now, therefore, the Legislature-Parliament, in pursuance of Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Labour Act, 2074".
(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-
(a) "Basic Remuneration" means the basic remuneration a worker receives in return for employment, and the term also includes the amount of annual increment after completion of one year of service.
(b) "Chief Executive" means a person who bears ultimate responsibility concerning the work and operations of an establishment.
(c) "Workplace" means the place or site where a worker works, and the term also includes the place or condition in which a worker must stay or go to in the course of work.
(d) Amended by Some Nepal Acts Amendment Act, 2075. "Office" means the Labour and Employment Office.
(e) "Lockout" means a situation where an employer closes an establishment or workplace to prevent workers from fully or partially performing their regular work.
Labour Act, 2017

Provided that this term shall not denote a situation where a worker is kept on standby or work is stopped due to an imminent danger.
(f) "Prescribed or as Prescribed" means as prescribed in or according to rules made under this Act, and the term also includes a notification published in the Nepal Gazette as mentioned in this Act or rules made under this Act.
(g) "Inspector" means a Senior Labour Inspector, Labour Inspector, Senior Occupational Safety and Health Inspector, and Occupational Safety and Health Inspector, and the term also includes other employees deputed for inspection.
(h) "Council" means the Central Labour Advisory Council formed pursuant to Section 102.
(i) "Remuneration" means the basic remuneration a worker receives, and the term also includes allowances.
(j) "Establishment" means any company, private firm, partnership firm, cooperative society or association or other institution established, incorporated, registered or formed or operating according to prevailing law with the objective of conducting industry, business or service, whether for profit or not.
(k) "Ministry" means the Ministry of Amended by Some Nepal Acts Amendment Act, 2075. Labour, Employment and Social Security, Government of Nepal.
(l) "Principal Employer" means an employer who engages workers through a worker supplier.
(m) "Employer" means a person or establishment that engages a worker for work, and the term also, in the case of an establishment, includes the manager, and, in the case of workers supplied under this Act, includes the worker supplier.
(n) "Employment Contract" means an agreement made between an employer and a worker concerning the service, conditions and facilities of employment, and the term also includes the appointment letter given by the employer to the worker.
(o) "Period of Employment" means the period during which a worker has been employed with an employer, and the term also includes the following periods:-
 (1) Period of being on standby,
 (2) Period of leave with remuneration,
 (3) Period of leave without pay for maternity or puerperal care,
 (4) Period of leave during treatment due to an accident occurring while performing work for the employer or in the course thereof.
(p) "Regulation" means the regulation relating to service conditions of workers made by an establishment pursuant to Section 108, and the term also includes the Financial Administration Regulation of the establishment.
(q) "Department" means the Amended by Some Nepal Acts Amendment Act, 2075.
Labour Act, 2017

Department of Labour and Occupational Safety.
(r) "Manager" means the chief executive of an establishment, and the term also includes the head of any branch or unit appointed with ultimate responsibility or exercising authority.
(s) "Worker of Managerial Category" means a worker who has been appointed to a managerial level or higher position with the authority to evaluate, control and supervise the work of workers on behalf of the employer, and the term also includes the manager.
(t) "Social Security Fund" means the Social Security Fund established according to prevailing law.
(u) "Collective Agreement" means an agreement made between an employer or an organisation of employers and a trade union or collective bargaining committee concerning the remuneration, service conditions, facilities of workers or matters of mutual concern between the employer and workers.
(v) "Collective Bargaining Committee" means the collective bargaining committee pursuant to Sub-section (1) of Section 116.
(w) "Labour Court" means the Labour Court formed pursuant to Section 151.
(x) "Worker" means a labourer or employee who performs physical or intellectual work for an employer for remuneration, or a person engaged for work under any designation whatsoever.
(y) "Worker Supplier" means a person or institution licensed to supply workers pursuant to Chapter - 11.
(z) "Strike" means a situation where workers collectively reject, fully or partially, performing work they have been regularly performing. Provided that being on leave, stopping work due to an imminent danger, being unable to attend work or incapable of working due to circumstances beyond the control of workers shall not be considered a strike. Chapter - 2
Basic Provisions Relating to Workers

3. To Remain as Minimum Standards: (1) This Act shall remain as minimum standards in matters related to workers and workers.
(2) If an employment contract is made between an employer and a worker for receiving or giving remuneration or facilities less than those mentioned in this Act or rules made under this Act, or in a manner contrary to the conditions mentioned in this Act, such employment contract shall be deemed to be contrary to this Act, and to that extent, such employment contract shall be void. 4.
Labour Act, 2017

4. Not to be Put to Forced Labour: (1) No worker shall be put, directly or indirectly, to forced labour.
(2) Notwithstanding anything contained in Sub-section (1), the following work or service performed by a worker shall not be considered forced labour:-
 (a) Work or service required to be performed under the duties of a citizen when the nation requires,
 (b) Work or service required to be performed as punishment pursuant to a decision or order of a court,
 (c) Work or service required to be performed as a member of a community for the benefit of that community. Explanation: For the purpose of this Section, "Forced Labour" means the act of making a worker perform any work or service against their will by showing fear of any kind of economic, physical or mental action if the worker does not perform any work or service. 5. Not to Engage Children in Work: No person shall engage a child in any work contrary to law. 6. Not to Discriminate: (1) An employer shall not discriminate against a worker on the basis of religion, colour, gender, caste, ethnicity, origin, language or ideological conviction or any other similar basis.
(2) Notwithstanding anything contained in Sub-section (1), the following actions shall not be considered discrimination:-
 (a) Giving priority in employment to a person based on the inherent requirement of the work or service,
 (b) Engaging a pregnant worker in convenient and appropriate work or service according to her physical condition without deducting remuneration and facilities, or
 (c) Giving priority to a worker with physical disability in work responsibilities suited to their physical condition. 7. No Discrimination in Remuneration for Equal Work: (1) There shall be no discrimination in remuneration for work of equal value between workers on the basis of gender.
(2) For the purpose of Sub-section (1), whether work is of equal value shall be determined based on the nature of the work concerned, the time and effort required to perform the work, skill, and the output obtained from the work. 8. Rights Relating to Trade Unions: (1) Subject to this Act and other laws, every worker shall have the right to form, operate, become a member of or affiliate with a trade union, or engage in other activities relating to trade unions.
(2) While exercising labour rights according to this Act and other laws, a worker must be dutiful and responsible towards the employer. 9. May Obtain Remedy: If any right provided to a worker pursuant to this Act and other laws is violated, such worker may obtain remedy according to this Act and other laws. Chapter - 3
Provisions Relating to Employment

10.
Labour Act, 2017

9. May Obtain Remedy: If any right provided to a worker pursuant to this Act and other laws is violated, such worker may obtain remedy according to this Act and other laws. Chapter - 3
Provisions Relating to Employment

10. Types of Employment: (1) An employer may engage a worker in any of the following types of 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 any type of employment other than those mentioned in clauses (b), (c) and (d).
 (2) "Work-based Employment" means employment given by an employer by specifying a particular work or service to be completed.
 (3) "Time-based Employment" means employment given by an employer by fixing a specific period for providing a service or completing work within that period.
 (4) "Casual Employment" means employment given by an employer for providing a service or completing work for a period of seven days or less within a period of one month.
 (5) "Part-time Employment" means employment given for completing work within thirty-five hours or less per week.
(2) If a question arises as to whether any employment is regular or not, notwithstanding anything mentioned in the employment contract, it shall be determined as prescribed based on the nature of the work. 11. Not to Engage in Work Without an Employment Contract: (1) An employer shall not engage a person in work without an employment contract.
(2) Notwithstanding anything contained in Sub-section (1), it shall not be necessary to make a written employment contract for casual employment.
(3) While making an employment contract pursuant to Sub-section (1), such contract must mention the remuneration, facilities, conditions of employment and other prescribed matters that the worker is entitled to. 12.
Labour Act, 2017

12. Establishment of Employment Relationship: (1) An employment relationship shall be established between an employer and a worker from the date or time the employer makes an employment contract with the worker, or provides employment orally, or, in the case of casual employment, from when the worker starts work or provides service.
(2) If a dispute arises as to whether an employment relationship has been established between an employer and a worker, the Office shall resolve such dispute.
(3) If a dispute falling under Sub-section (2) is also involved in any matter pending before the Department or court pursuant to this Act, the Department or court shall also resolve such dispute.
(4) For the purpose of Sub-section (2), the Office may order the employer to submit any evidence or record relating to employment in their possession, and if the employer fails to submit evidence or record according to such order, the employment relationship between the employer and worker shall be deemed to have been established. 13. Provision Relating to Probation Period: When making an employment contract with a worker, the employer may place the worker on a probation period of six months, and if the worker's work during the probation period is not found satisfactory, the employer may terminate the employment contract with such worker. If the employment contract is not so terminated, the employment relationship shall be deemed to be automatically confirmed upon the expiry of the probation period of the worker. 14. Employment Relationship to Remain Even After Change of Ownership: (1) If the ownership of an employer's work or business, or any part thereof, is changed or transferred according to law, or if the operation of such work or business is given to someone else, or if two or more establishments or businesses merge to create a new establishment or business, the employment relationship of the worker working in the work or business whose ownership has been changed or transferred, or given to someone else for operation, or in the merged establishment or business, shall remain subsisting.
(2) For the purpose of Sub-section (1), the liability under this Act or rules made under this Act, or under a collective agreement if any, shall be borne by the employer or establishment that takes ownership, receives by transfer, takes responsibility for operating the work or business, or, in case of merger, the new establishment or business resulting from the merger, or, if ownership and liability of a project is transferred pursuant to prevailing law relating to private investment in infrastructure construction and operation, the establishment taking over such ownership and liability.
Labour Act, 2017

Provided that if there is any agreement relating to interim management among the previous employer, the new employer and the union of the concerned establishment, the provision of that agreement shall apply. 15. Employment Relationship to Remain During Standby Period: (1) If any special circumstance arises at the workplace, the employer may suspend work and keep the worker on standby. Explanation: For the purpose of this Section, "Special Circumstance" means a situation where there is a lack of electricity, water, raw materials or financial resources, or due to any circumstance beyond control, it is impossible to reach the workplace or work or operate the workplace.
(2) When a worker is on standby pursuant to Sub-section (1), the employment relationship between such worker and the employer shall remain subsisting.
(3) An employer with ten or more workers may keep workers on standby pursuant to Sub-section (1) for up to fifteen days, but if it is necessary to keep them on standby for a longer period, consultation must be held with the authorised trade union or the labour relations committee.
(4) Other provisions relating to keeping workers on standby shall be as prescribed. Chapter - 4
Provisions Relating to Trainees and Apprentices

16. May Engage Apprentices for Work: (1) An establishment may, by making an agreement with an educational institution, engage a person as an apprentice for work according to the approved curriculum of such institution.
(2) An apprentice pursuant to Sub-section (1) shall not be considered a worker for the purpose of this Act. Provided that if engaged in work contrary to the approved curriculum, such person shall be deemed a worker in regular employment. 17. Provisions Relating to Workers to Apply: (1) Notwithstanding anything contained in Section 16, while engaging an apprentice for work pursuant to this Chapter, the apprentice shall not be engaged for work exceeding eight hours daily and forty-eight hours weekly.
(2) Provisions relating to occupational health and safety shall apply to an apprentice as if they were a worker.
(3) If an apprentice meets with an accident while performing training work, the establishment shall arrange for treatment for such apprentice as if they were a worker, and if disabled, shall provide compensation as per this Act, except where otherwise agreed between the establishment and the educational institution.
(4) Matters other than those mentioned in Sub-sections (1), (2) and (3) shall be as mentioned in the agreement made between the concerned educational institution and establishment. 18. May Engage as Trainee Worker: (1) An employer may engage a person for work by providing training while teaching the work.
(2) The training period pursuant to Sub-section (1) shall not exceed one year.
Labour Act, 2017

18. May Engage as Trainee Worker: (1) An employer may engage a person for work by providing training while teaching the work.
(2) The training period pursuant to Sub-section (1) shall not exceed one year. Provided that if any period is prescribed by prevailing law for specific job training, or if a specific period is necessary, the person may be engaged as a trainee for that period.
(3) The employer must provide a person engaged as a trainee pursuant to this Section with at least minimum remuneration, sick leave, and facilities ensuring no reduction in social security including gratuity, provident fund, insurance.
(4) After the completion of the training period, the employer shall not be obligated to retain the trainee in work. Provided that if the same employer retains such trainee in work, the probation period shall not apply to them. Chapter - 5
Provisions Relating to Part-time Workers

19. May Engage for Part-time Work: (1) An employer may engage a worker for part-time work. Provided that a full-time worker shall not be engaged in part-time work without their consent.
(2) The remuneration of a part-time worker shall generally be determined based on working hours or based on the employment contract made between the parties.
(3) While determining the remuneration of a part-time worker pursuant to Sub-section (2), it shall be determined based on at least the monthly remuneration of a full-time worker at the same level engaged in work of a similar nature.
(4) If a worker engaged for part-time work pursuant to this Section is engaged for overtime work, they shall be paid one and a half times the remuneration they would receive pursuant to Sub-section (2) for such overtime work. 20. Not to Prohibit Working Elsewhere: A part-time worker shall not be prohibited from working elsewhere. 21. Provision Relating to Social Security: In the case of a worker working part-time for more than one employer, each employer for whom such worker works shall contribute towards gratuity, provident fund or other facilities relating to social security based on the basic remuneration such worker receives. Chapter - 6
Provisions Relating to Labour Permits

22. Not to Engage Foreign Nationals in Work: (1) An employer shall not engage any foreign national as a worker without a labour permit from the Department.
(2) Notwithstanding anything contained in Sub-section (1), an employer may, subject to this Section, engage a foreign worker if the skilled workers required cannot be supplied by Nepali citizens.
(3) Before appointing a foreign worker pursuant to Sub-section (2), the employer must publish an advertisement in a national daily newspaper to obtain the required skilled workers from Nepali citizens.
Labour Act, 2017

If applications are not received from Nepali citizens as prescribed, or if no Nepali citizen can be selected despite such advertisement, the employer may apply to the Department for a labour permit to engage a foreign worker, along with evidence thereof. Amended by Some Nepal Acts Amendment Act, 2075. Provided that in the case of foreign nationals coming to work as technicians or experts pursuant to this Act on matters mentioned in investment agreements made by various ministries, departments, the Investment Board, and councils, institutions or other official bodies fully or partially owned by the Government of Nepal with the approval of the Government of Nepal or the concerned ministry, it shall not be necessary to publish an advertisement.
(4) The Department may, after examining the application and the evidence attached therewith received pursuant to Sub-section (3), grant a labour permit permitting the engagement of a skilled foreign worker if deemed appropriate.
(5) An employer who engages a foreign worker having obtained a permit pursuant to Sub-section (4) must make arrangements to gradually replace the foreign worker by training Nepali citizens.
(6) Fees relating to labour permits and other provisions shall be as prescribed. 23. Foreign National Must Obtain Work Approval to Work in Nepal: (1) A foreign worker must obtain work approval as prescribed to work in Nepal.
(2) Notwithstanding anything contained elsewhere in this Act, a foreign national working in Nepal must obtain work approval as prescribed, except for those enjoying diplomatic immunity or those not required to obtain work approval under any treaty or agreement with the Government of Nepal. 24. Labour Permit May be Granted: Notwithstanding anything contained in Sections 22 and 23, the Department may, by maintaining records, grant a labour permit to foreign nationals in the following circumstances:-
 (a) The chief executive of an establishment with foreign investment or operated through foreign aid, and the prescribed number of workers working in that establishment,
 (b) Technicians coming for a period of three months or less to repair machinery or equipment, install new technology, or perform other similar casual work. 25. Language of Contract: When making an employment contract with a foreign worker, the employer shall provide the information regarding the work to be performed by such worker, their service, conditions and facilities in a language understood by the worker or in the English language. 26. May Take Remuneration in Convertible Foreign Currency: A foreign worker who has obtained a labour permit pursuant to this Chapter may take the remuneration amount received from working in Nepal to their home country in convertible foreign currency. 27.
Labour Act, 2017

26. May Take Remuneration in Convertible Foreign Currency: A foreign worker who has obtained a labour permit pursuant to this Chapter may take the remuneration amount received from working in Nepal to their home country in convertible foreign currency. 27. Remuneration, Service Conditions and Facilities of Foreign Workers and Other Provisions: (1) The remuneration, service conditions and facilities that a foreign worker receives for performing work shall be as mentioned in the time-based or work-based employment contract made between the employer and the worker, provided they are not less than the standards determined by this Act or rules made under this Act.
(2) If a time period is mentioned in the employment contract, it shall be according to that, and if not, such employment contract shall remain valid for up to three years.
(3) Other provisions relating to foreign workers shall be as prescribed. Chapter - 7
Provisions Relating to Working Hours

28. Working Hours: (1) An employer shall not engage a worker for more than eight hours per day and forty-eight hours per week.
(2) After a worker has worked continuously for five hours, a rest period of half an hour must be provided.
(3) If work cannot be interrupted and must be carried on continuously, such rest period shall be provided to workers in rotation.
(4) The rest period provided pursuant to Sub-sections (2) and (3) shall be counted within the working hours pursuant to Sub-section (1). 29. Not to Compel Overtime Work: (1) An employer shall not compel a worker to work for more than the time mentioned in Sub-section (1) of Section 28.
(2) Notwithstanding anything contained in Sub-section (1), if non-completion of any work could adversely affect someone's life, safety or health, or cause serious loss or damage to the employer, the concerned worker may be engaged in additional work subject to Sub-section (1) of Section 30. 30. Provision Relating to Engaging Overtime Work: (1) If an employer needs to engage a worker for more than the working hours determined under Section 28, the worker may be engaged for not more than four hours per day and twenty-four hours per week.
(2) Work engaged by an employer without providing compensatory leave pursuant to Section 42 shall be considered overtime work. 31.
Labour Act, 2017

31. Additional Remuneration Must be Paid: (1) When engaging a worker for overtime work pursuant to Section 30, the employer must pay one and a half times the basic remuneration received for regular work.
(2) Notwithstanding anything contained in Sub-section (1), nothing in this Section shall be deemed to prevent a collective agreement from making provision for receiving certain facilities in lieu of additional remuneration for overtime work, or, in the case of a worker of managerial category, providing facilities as mentioned in the employment contract. 32. Determination of Working Hours: (1) The time for starting and finishing work for a worker shall be as mentioned in the employment contract, and if not mentioned, as determined by the employer.
(2) Other provisions relating to working hours shall be as prescribed. 33. Must Arrange Transportation: When engaging a female worker such that the working period starts or ends after sunset or before sunrise, the employer must make necessary arrangements for transportation to and from the workplace. Chapter - 8
Provisions Relating to Remuneration

34. Worker to Receive Remuneration: (1) Every worker shall receive remuneration and facilities from the date of starting work.
(2) The remuneration and facilities a worker receives shall be as mentioned in the employment contract, provided they are not less than those prescribed in this Act or rules made under this Act.
(3) Except in circumstances mentioned in a collective agreement between the employer and workers, the remuneration and facilities a worker has been receiving shall not be reduced. 35. Payment of Remuneration: (1) When paying remuneration to a worker, the employer shall do so as mentioned in the employment contract, and if not mentioned, at the time determined by the employer. Provided that the following workers shall be paid remuneration as follows:-
 (a) A worker working for a period of less than one month shall be paid within three days from the date of completion of work, and
 (b) A worker engaged in casual work shall be paid immediately upon completion of work.
(2) Notwithstanding anything contained in Sub-section (1), the interval between times for payment of remuneration shall not exceed one month. 36. To Receive Annual Increment: A worker who has completed one year of service shall receive an annual increment each year of an amount equal to at least half a day's remuneration of the monthly basic remuneration. 37.
Labour Act, 2017

38. Not to Deduct Remuneration: (1) Except in the following circumstances, the remuneration receivable by a worker shall not be deducted:-
 (a) Any tax, fee leviable according to law,
 (b) Contribution amount payable for provident fund or insurance or any other social security contribution,
 (c) Amount required to be deducted pursuant to an order or decision of any judicial or quasi-judicial body or arbitration,
 (d) Prescribed amount in lieu of prescribed service or facility provided by the employer to the worker,
 (e) Remuneration amount for the period injured at work,
 (f) If cash or goods of the employer are damaged or lost due to bad faith or negligence, the amount of such cash or goods as per records, or in the case of production value, an amount equal to the production cost,
 (g) Amount mentioned in a collective agreement as deductible from remuneration,
 (h) Membership fee charged by a trade union,
 (i) Loan or advance amount provided by the employer to the worker.
(2) When deducting an amount pursuant to clauses (c), (d), (e), (f), (g), (h) or (i) of Sub-section (1), it shall be deducted from the monthly remuneration remaining after deducting the amounts mentioned in clauses (a) and (b) of the same sub-section.
(3) The limit, method and other provisions relating to the amount deductible pursuant to Sub-section (2) shall be as prescribed.
(4) If a worker dies or ceases to be in service for any reason before deducting the amount required to be deducted pursuant to this Section, such amount may be deducted from any amount receivable by the worker.
(5) If the amount required to be deducted cannot be recovered even after deduction pursuant to Sub-section (4), the employer shall give a fifteen-day notice to the legal heir of the deceased worker according to law to deposit such amount.
(6) If the amount is not deposited even within the period pursuant to Sub-section (5), the employer may file a petition before the court for recovery of such amount within thirty-five days from the date of expiry of that period. 39. Remuneration During Standby Period: If a worker is kept on standby according to this Act, the employer shall pay half the amount of remuneration the worker would receive until work resumes. Provided that, unless mentioned in the notice regarding being kept on standby that attendance is required, such worker shall not be required to be present at the workplace during that period. Chapter - 9
Provisions Relating to Leave

40. Weekly Holiday: A worker shall receive one day of weekly holiday each week. 41.
Labour Act, 2017

Chapter - 9
Provisions Relating to Leave

40. Weekly Holiday: A worker shall receive one day of weekly holiday each week. 41. Public Holiday: (1) Each worker shall receive thirteen days of public holiday with pay each year including May Day, and in the case of a female worker, fourteen days including International Working Women's Day.
(2) Notwithstanding anything contained in Sub-section (1), if the body regulating an establishment determines public holidays, it shall be as determined by such body for that establishment, and in other cases, as determined by the employer. 42. Compensatory Leave: (1) A worker engaged in work that cannot be stopped or must be performed continuously shall receive compensatory leave for working on a weekly holiday or public holiday.
(2) Compensatory leave must be given within twenty-one days from the date a worker was engaged in work on a weekly holiday or public holiday. 43. Home Leave: (1) A worker shall receive home leave with pay at the rate of one day for every twenty days of the period worked.
(2) A worker working in an educational institution or a worker who receives summer or winter vacation shall not receive home leave. Provided that if such vacation is less than the home leave period, the worker shall receive home leave for the number of days the vacation is shorter. 44. Sick Leave: (1) A worker shall receive twelve days of sick leave with pay annually. Provided that a worker working for one year or less shall receive sick leave in the same proportion.
(2) A worker requesting sick leave for more than three consecutive days must submit a certificate from a registered medical practitioner.
(3) If a worker has to take leave due to sudden illness, they shall inform the employer or the person designated by the employer as soon as possible by available means. 45.
Labour Act, 2017

45. Maternity Leave: (1) A pregnant female worker shall receive fourteen weeks of maternity leave before or after delivery.
(2) A pregnant worker must compulsorily take leave from at least two weeks before the expected date of delivery until at least six weeks after delivery.
(3) A female worker taking maternity leave pursuant to Sub-section (1) shall receive full remuneration for sixty days and shall not receive remuneration for the remaining period.
(4) If a registered medical practitioner recommends additional rest for the health of the female worker who has given birth or her infant, the employer shall approve leave without pay for up to an additional one month continuously with the maternity leave, or grant leave adjusted with other leave.
(5) If a female worker with a pregnancy of seven months or more has a stillbirth or miscarriage, she shall receive leave equivalent to maternity leave.
(6) If the mother dies within sixty days of childbirth, the worker whose wife has died may take leave with pay for the remaining period from his employing employer for childcare.
(7) If a male worker's wife is about to give birth, he shall receive fifteen days of paternity care leave with pay. 46. Must Submit Birth Registration Certificate: A female worker who has taken maternity leave, except in the case of death of the newborn, must submit a copy of the birth registration certificate as prescribed to the employer. 47. Not Required to Pay Remuneration: Notwithstanding anything contained elsewhere in this Chapter, if provision is made for a female worker to receive remuneration for the maternity leave period from the Social Security Fund, the employer shall not be required to pay remuneration to the worker for such leave period pursuant to this Chapter to that extent. 48. Mourning Leave: (1) A worker shall receive thirteen days of mourning leave upon the death of a spouse, or if the worker themselves is required to observe mourning according to their religion, or if a married female worker is required to observe mourning upon the death of her parents or parents-in-law.
(2) A worker taking mourning leave pursuant to Sub-section (1) shall receive full remuneration. 49.
Labour Act, 2017

49. Leave Accumulation: (1) A worker may accumulate home leave up to ninety days and sick leave up to forty-five days.
(2) If a worker ceases to be in service for any reason, or upon their death, the worker or their family member as prescribed shall receive a lump sum amount calculated at the rate of the last basic remuneration the worker was receiving for the accumulated home leave and sick leave.
(3) A worker accumulating leave beyond the period mentioned in Sub-section (1) shall receive, at the end of each year, an amount calculated at the rate of the worker's basic remuneration for such excess leave period. 50. Calculation of Year: For the purpose of calculating a year for leave, it shall be calculated based on the following:-
 (a) If determined by law, according to that,
 (b) If determined by the regulatory body, according to that,
 (c) If not determined as per clause (a) or (b), as mentioned in the employment contract, and
 (d) If not determined as per clauses (a), (b) and (c), according to the fiscal year of the Government of Nepal. 51. Leave is Not a Right: (1) Leave other than sick leave, mourning leave, and maternity leave receivable by a worker pursuant to this Chapter are only concessions and cannot be claimed as a matter of right.
(2) The employer may refuse, postpone, deduct or change the time of approved leave for leaves other than those mentioned in Sub-section (1) requested by the worker, stating reasons, based on the needs of the workplace work. Chapter - 10
Provisions Relating to Provident Fund, Gratuity and Insurance

52.
Labour Act, 2017

Chapter - 10
Provisions Relating to Provident Fund, Gratuity and Insurance

52. Must Deposit Provident Fund Amount: (1) The employer shall deduct ten percent from the basic remuneration of each worker and add an equal amount of one hundred percent and deposit the amount as the provident fund amount.
(2) The employer shall deposit the amount pursuant to Sub-section (1) in the Social Security Fund in the name of the concerned worker, effective from the day the worker starts work.
(3) Notwithstanding anything contained in Sub-section (2), in the following circumstances, the employer shall deposit such provident fund amount as prescribed:-
 (a) Until the Social Security Fund is established and becomes operational, or
 (b) Until the law relating to the Social Security Fund becomes applicable to the concerned employer.
(4) In the case of a worker for whom provident fund amount was not deposited before the commencement of this Act, the employer shall deposit the provident fund amount from the date of commencement of this Act.
(5) The provident fund amount accumulated in a retirement fund or any other similar fund established according to prevailing law at the time of commencement of this Act, or in the custody of the employer, shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
(6) Notwithstanding anything contained elsewhere in this Section, if for any reason it is not possible to deposit the provident fund amount pursuant to Sub-section (2) or (3), the employer shall add ten percent of the basic remuneration of such worker and pay it. 53.
Labour Act, 2017

53. To Receive Gratuity: (1) The employer shall deposit an amount equal to eight point thirty-three percent of the basic remuneration of each worker each month as gratuity.
(2) The employer shall deposit the amount pursuant to Sub-section (1) in the Social Security Fund in the name of the concerned worker, effective from the day the worker starts work.
(3) Notwithstanding anything contained in Sub-section (2), in the following circumstances, the employer shall deposit such gratuity amount as prescribed:-
 (a) Until the Social Security Fund is established and becomes operational, or
 (b) Until the law relating to the Social Security Fund becomes applicable to the concerned employer.
(4) In the case of a worker who was not required to be paid gratuity before the commencement of this Act, the employer shall pay gratuity pursuant to Sub-section (1) from the date of commencement of this Act.
(5) The gratuity amount accumulated in a retirement fund or any other similar fund established according to law at the time of commencement of this Act, or in the custody of the employer, shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
(6) Notwithstanding anything contained elsewhere in this Section, if for any reason it is not possible to deposit the gratuity amount pursuant to Sub-section (2) or (3), the employer shall add eight point thirty-three percent of the basic remuneration of such worker and pay it to the worker. Omitted by Some Nepal Acts Amendment Act, 2075.(7)

54. Must Arrange Medical Treatment Insurance: (1) The employer must arrange medical treatment insurance for each worker of at least one hundred thousand rupees annually.
(2) The insurance premium for

(5) If any labour supplier fails to comply with the conditions and instructions prescribed under this Act and the rules made under this Act, the Department or the Office may suspend the license of such labour supplier as prescribed.

(6) If any labour supplier fails to comply with the conditions and instructions prescribed under this Act and the rules made under this Act, the Department or the Office may impose a fine of up to twenty-five thousand rupees on such labour supplier for the first time. 63.
Labour Act, 2017

If such entity is not cancelled or dissolved and is carrying out other activities, the Office shall order the payment of remuneration and other facilities from the other assets of such entity. 64. Liability of principal employer: (1) When employing workers through a licensed labour supplier, the principal employer shall employ them on the basis of an agreement made with such supplier.

(2) Before making an agreement, the principal employer shall ensure arrangements to provide remuneration and facilities not less than those prescribed under this Act or the rules made under this Act, and shall then make the agreement.

(3) The principal employer shall regularly obtain information as to whether or not the labour supplier regularly provides remuneration and facilities to the workers employed through the labour supplier.

(4) If, upon obtaining information pursuant to Subsection (3), it is found that the labour supplier has not provided remuneration and facilities to the worker, the principal employer shall immediately request the labour supplier to provide such remuneration and facilities, and shall also inform the Department or the Office thereof.

(5) If, despite a request made pursuant to Subsection (4), the remuneration and other facilities are not provided to the worker, the principal employer shall inform the Department or the Office thereof.

(6) If information is received pursuant to Subsection (5) or if information that the labour supplier has not provided remuneration and facilities to the worker is received through any other means, the Department or the Office may make payment from the deposit or bank guarantee deposited by such labour supplier at the time of obtaining the license.

(7) The principal employer shall adopt measures and arrangements or provisions required to be made at the workplace for occupational health and safety.

(8) After an agreement has been concluded between the labour supplier and the principal employer, if the remuneration or facilities to be provided to the worker under the prevailing law are increased, the principal employer shall additionally pay such increased remuneration or facilities.

(9) Labour supply shall not be made from an establishment established with the involvement of the principal employer himself/herself or with the involvement, on behalf of the employer, of his/her manager or director or family member.

(10) Other provisions relating to the liability of the employer shall be as prescribed. 65.
Labour Act, 2017

65. To conduct inspection, supervision and monitoring: (1) The Office shall regularly inspect and monitor whether or not the labour supplier is working in accordance with this Act or the rules made under this Act and the instructions given or conditions prescribed under this Act or the rules made under this Act.

(2) If, through on-site inspection, monitoring or any other means, a labour supplier is found not to be carrying out activities in accordance with this Act or the rules made under this Act or the conditions prescribed for him/her, the Office may give necessary instructions to the labour supplier.

(3) It shall be the duty of the concerned labour supplier to comply with the instructions given pursuant to Subsection (2). 66. To be deemed a worker of the principal employer: If the principal employer employs a worker by means of labour supply through a person or company that has not obtained a license to supply labour under this Act, or contrary to the provisions mentioned in this Act, such worker shall be deemed a worker of the principal employer. 67. Not to charge fees from workers: A labour supplier shall not charge any kind of fee or commission from the worker supplied by him/her. Chapter-12
Provisions relating to Occupational Safety and Health

68. To formulate policy relating to safety and health: (1) Subject to this Act, the rules made under this Act, and the instructions given under this Act or the rules made under this Act, the employer shall formulate and implement a policy relating to the safety and health of workers and other persons at the workplace.

(2) The policy formulated pursuant to Subsection (1) shall be registered at the Office.

(3) Other provisions relating to the safety and health policy to be formulated by the employer shall be as prescribed.

(4) The Office shall regularly monitor whether or not the safety and health policy formulated by the employer under this Section is being complied with. 69.