Labour Act, 2017

163. Department or Office may decide: (1) The Department may, upon conducting necessary inquiry into complaints received on the following matters, do as follows:

(a) Impose a fine of up to two hundred thousand rupees on a person supplying workers without obtaining a license under this Act and on a person employing workers through such supplier, and issue necessary orders subject to this Act;

(b) Impose a fine of up to two hundred thousand rupees, based on the number of workers, on a person employing a foreigner without obtaining a labor license under this Act, and if such foreigner is continued to be employed after such penalty, impose an additional fine at the rate of five thousand rupees per person per month;

(c) Impose a fine of up to one hundred thousand rupees on a person discriminating contrary to Chapter 2 at the time of or after employment, and order to ensure equality;

(d) Impose a fine of up to five hundred thousand rupees at the rate of ten thousand rupees per remuneration on a person employing without providing an appointment letter or entering into an employment agreement, and order to make an appointment letter or employment agreement;

(e) Initiate departmental action under prevailing law against an Inspector who, through negligence or mala fide intent, causes loss or damage by performing any act contrary to Chapter 15;

(f) Issue necessary orders if any person engages in unfair labor practices, transfers a worker unjustly contrary to this Act, or conducts promotion-related work contrary to the establishment's by-laws;

(g) Issue necessary directives to the concerned Office if, in matters to be performed by the Office under this Act or Rules framed under this Act, where a time limit is specified, such work is not completed within thirty days after the expiry of that period;

(h) Perform necessary work to resolve a dispute arising between a labor supplier and the principal employer regarding remuneration and facilities to be provided to workers.

(2) The Office may, upon conducting necessary inquiry into applications received on the following matters, do as follows:

(a) Order the employer who employs a worker at a remuneration lower than the minimum remuneration or who deducts remuneration or facilities contrary to this Act or the Rules framed under this Act to pay the concerned worker, in addition to the deducted amount, compensation of up to double that amount;

(b) Impose a fine of up to twenty thousand rupees on an employer, worker, or other person who obstructs a government employee in the discharge of duty, submits false details, gives false statements, exerts undue influence in any manner, or attempts to do so;

(c) Impose a fine at the rate of ten thousand rupees per trainee or apprentice on an employer who employs any person as a trainee or apprentice contrary to this Act, and order the employer to keep such person working as a trainee or apprentice in regular employment and to provide remuneration and facilities accordingly;

(d) Order an employer who fails to deposit the gratuity or provident fund amount receivable by a worker, or the amount to be deposited in the Social Security Fund under this Act or Rules framed under this Act, or fails to provide medical treatment expenses or insure against compensation, to pay such compensation and double the amount thereof as compensation;

(e) Direct an employer who places a worker on reserve contrary to this Act or in a discriminatory manner not to do so;

(f) Issue necessary directives to an employer who terminates employment or prevents a worker from attending work contrary to this Act or the Rules or By-laws framed under this Act.

(3) Notwithstanding anything written elsewhere in this Section, nothing shall be deemed to prevent a worker from submitting an application to the employer by adopting the individual dispute resolution process and resolving the dispute accordingly.

(4) The proceedings and disposal of a complaint filed with the Department or Office shall be as prescribed.