chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Labour Act, 2017

69. Duties of employer towards worker: (1) In relation to occupational safety and health, the duties of the employer towards the worker shall be as follows:-
(a) to make proper arrangements for safety and health at the workplace and create a safe working environment,
(b) to arrange that the use, operation, storage and transport of chemical, physical or biological substances or equipment at the workplace do not adversely affect safety and health,
(c) to provide necessary information, knowledge and training relating to safety and health to the worker as required,
(d) to provide necessary training and information, in an appropriate language, regarding the use and operation of equipment or chemical, physical or biological substances related to work,
(e) to make proper arrangements for safe entry and exit at the workplace,
(f) to provide personal protective equipment to the worker as required,
(g) to make other arrangements as prescribed.

(2) The employer shall not charge any fee or charge from the worker for providing any safety-related facility or equipment. 70. Duties of employer towards non-worker: (1) The employer shall make necessary arrangements so that the safety and health of non-workers coming to or going from the workplace or passing through the workplace are not adversely affected.

(2) If any work process at the workplace may adversely affect or pose a risk to the safety or health of any person, the employer shall make arrangements to give, keep or provide information regarding signs in that regard.

(3) An establishment that uses or produces chemical substances shall manage the chemical substances, gas or any other things emitted during the operation of its work in such a way that they do not adversely affect local fauna, humans and the environment. 71. Duties of responsible person: It shall be the duty of the responsible person to ensure whether a workplace, equipment, article or substance is safe and healthy for the related work or not. Explanation: For the purposes of this Section, "responsible person" means a person who has ownership or control over the workplace, equipment, article or substance, and that term also denotes the person or entity that acquires ownership or control through an agreement regarding the use of such workplace chief, equipment, article or substance, if such an agreement exists. 72.
Labour Act, 2017

72. Duties of manufacturer, importer and supplier: (1) The duties of a manufacturer, importer or supplier of any equipment, article or substance used at the workplace shall be as follows:-
(a) to manufacture, import and supply equipment, articles or substances that, from the perspective of safety and health, are found suitable through testing for operation and use at the workplace,
(b) to determine the methods and procedures for operating or using such equipment, article or substance in an appropriate manner so that the safety and health of persons associated with the workplace are not adversely affected,
(c) to detect risks that may adversely affect safety or health from the use of such equipment, article or substance,
(d) to carry out necessary research, experiment or testing to eliminate or reduce the risk detected pursuant to Clause (c),
Provided that if there are reasonable grounds to rely on the results of any research, experiment or testing already conducted by someone else in that regard, such research, experiment or testing may be recognized,
(e) to prepare guidelines to fully inform about the necessary matters to be adopted from the perspective of safety and health when operating and using the equipment, article or substance to be operated and used at the workplace.

(2) A person or entity manufacturing or installing equipment to be used at the workplace shall provide the employer with a written report stating that if the equipment so manufactured or installed is used appropriately, it will not adversely affect anyone's safety or health.

(3) If any equipment, article or substance is not used in accordance with the information or advice provided by the manufacturer or supplier supplying the equipment, article or substance regarding its use, such equipment, article or substance shall not be deemed to have been used appropriately for the purposes of this Section.

(4) The manufacturer, importer or supplier of any chemical substance used at the workplace shall provide the employer with a chemical safety data sheet and other details as prescribed regarding such substance. 73.
Labour Act, 2017

73. Duties of worker: The duties of a worker in relation to occupational safety and health shall be as follows:-
(a) not to knowingly or negligently perform any act at the workplace that may adversely affect or pose a risk to his/her own or any other person's safety and health,
(b) to provide necessary assistance to the employer and the concerned person for the fulfilment or causing the fulfilment of any duty mentioned in this Chapter,
(c) to acquire knowledge about the guidelines, advice and other matters prepared for the safe and careful operation and use of the equipment, articles or substances to be operated and used at the workplace,
(d) to safely and carefully operate and use such workplace, equipment or substance in accordance with the guidelines, information and advice prepared for operating and using the workplace, equipment, article or substance,
(e) to mandatorily use the personal protective equipment provided by the employer. 74. To form Safety and Health Committee: (1) In an establishment where twenty or more workers are employed, the employer shall form a Safety and Health Committee as prescribed, with representation of workers as well.

(2) For the purposes of Subsection (1), workers employed through a labour supplier shall also be counted.

(3) The functions, duties and powers of the Safety and Health Committee formed pursuant to Subsection (1) shall be as follows:-
(a) to regularly advise the employer on the safety and health arrangements to be made at the workplace and on making such arrangements effective,
(b) to evaluate the safety and health arrangements made at the workplace and draw the employer's attention to making such arrangements even more effective,
(c) if no action is taken upon drawing attention pursuant to Clause (b), to inform the Office thereof,
(d) to review the safety and health policy formulated under Section 68 every year,
(e) to perform other functions as prescribed. 75. Protection from action: The employer shall not take disciplinary action against any worker merely for the reason of having done any of the following acts:-
(a) giving or assisting in giving information, notification or complaint against the employer regarding failure to make safety and health arrangements,
(b) performing any work in the capacity of the Health and Safety Committee under Section 74, or
(c) stopping work under Section 76 or 77 due to an immediate risk to safety and health. 76.
Labour Act, 2017

76. To stop work in case of immediate danger: (1) If, without immediately stopping any work, there is a risk of physical injury or danger to the worker performing such work or any other person, or a serious adverse effect on his/her health, or unexpected damage or loss to any equipment, article or substance, the worker engaged in such work shall inform the employer or the responsible person under Section 71 thereof.

(2) After receiving information pursuant to Subsection (1), the employer or the responsible person shall immediately give appropriate instructions in that regard.

(3) If the employer or the responsible person is not immediately available to give information pursuant to Subsection (1), the worker may stop such work himself/herself.

(4) If work is stopped pursuant to Subsection (3), the worker stopping such work shall immediately inform the employer and the responsible person thereof by the quickest means.

(5) After receiving information pursuant to Subsection (4), the employer or the responsible person shall immediately investigate the matter and eliminate or mitigate the risk arising therefrom.

(6) If there is any dispute between the worker and the employer as to whether any immediate danger requiring the stoppage of work has arisen, and whether the arrangements made to eliminate or mitigate the risk are adequate, either party may submit an application to the Office for the settlement of such dispute.

(7) If an application is submitted pursuant to Subsection (6), the Office shall investigate the matter, hear both parties, and, if necessary, take evidence and settle such dispute.

(8) The decision of the Office settling the dispute pursuant to Subsection (7) shall be final, and both the employer and the worker shall abide by such decision.

(9) Notwithstanding anything elsewhere in this Section, work shall not be stopped with the intention of causing loss or damage to the employer, causing trouble or taking revenge.

(10) During the period work is stopped under this Section, the employer may assign the worker to other work, subject to his/her terms of service. 77.
Labour Act, 2017

77. To give order to stop work: (1) If, from inspection or any other source, it appears that there is an immediate danger or likely immediate danger to the safety and health of workers or other persons at the workplace of any establishment, the Office may give an order to the employer to immediately stop work at such workplace.

(2) When giving an order pursuant to Subsection (1), the reason and basis for the danger shall also be specified.

(3) When giving an order pursuant to Subsection (1), if the Office finds that any equipment at the workplace is not suitable for operation or use, it may order that such equipment not be used, and while giving such order, it may also seal or affix a tag to such equipment or any part thereof.

(4) If the Office has given an order to stop work pursuant to Subsection (1), the employer shall immediately stop the work.

(5) An employer who is not satisfied with the order given by the Office under this Section may submit an application to the Department within seven days of receiving such order.

(6) The Department shall decide on the application submitted pursuant to Subsection (5) within fifteen days.

(7) Work shall not be permissible during the period referred to in Subsection (6). Provided that if the Office informs that there is no immediate danger to the safety and health of any person during such period, work may be resumed. 78. Special provisions relating to occupational safety and health: (1) The safety and health standards to be complied with by an establishment performing work related to the following subjects shall be as prescribed:-
(a) Arrangements for eye protection,
(b) Arrangements for protection from chemical substances,
(c) Arrangements for operation of pressure plant,
(d) Arrangements for machine guarding,
(e) Arrangements for lifting heavy loads,
(f) Other necessary arrangements.

(2) Provisions relating to the testing of pressure plant and boiler shall be as prescribed.

(3) Information about the establishment of an establishment and other occupational safety and health arrangements shall be as prescribed. 79. To give information: If any accident occurs at the workplace, or any person is injured or dies due to an accident, or contracts an occupational disease, the employer shall immediately give information thereof to the Office. 80.
Labour Act, 2017

79. To give information: If any accident occurs at the workplace, or any person is injured or dies due to an accident, or contracts an occupational disease, the employer shall immediately give information thereof to the Office. 80. To make arrangements for prevention of communicable diseases: (1) The employer shall make appropriate arrangements for the prevention and control of communicable diseases at the workplace.

(2) If a worker contracts a communicable disease and requires treatment, he/she may be prohibited from coming to work during the entire period of treatment.

(3) If the sick leave of such worker for treatment pursuant to Subsection (2) is insufficient, the employer may direct the worker to adjust it to other leave or to take special leave without pay.

(4) It shall be the duty of the concerned worker to comply with the direction given pursuant to Subsection (3). 81. To assign to light work: (1) If a female worker becomes pregnant, she shall, attaching the certificate of having undergone a health examination, give information thereof to the employer.

(2) Upon receiving information pursuant to Subsection (1), the employer shall ordinarily assign the pregnant female worker to work that does not adversely affect her health. 82. Special provisions relating to treatment of occupational diseases: (1) If a worker contracts any occupational disease as prescribed while working in an establishment, such establishment shall provide the worker with the treatment expenses as prescribed for the treatment of such disease, and if such disease is incurable, compensation as prescribed.

(2) Notwithstanding anything written in Subsection (1), if the worker is entitled to receive treatment expenses or compensation for an occupational disease from the Social Security Fund, the establishment shall not be required to provide treatment expenses or compensation under Subsection (1). 83. Power to give instructions: (1) The Office may periodically or randomly inspect whether or not the employer has made safety and health arrangements.

(2) While inspecting pursuant to Subsection (1), if the employer is found not to have made safety and health arrangements at the workplace as per this Act or the prevailing law, the Office shall set a time limit and give instructions to the concerned employer to make such arrangements.
Labour Act, 2017

Provided that if it appears that failure to make such arrangements immediately would endanger the safety and health of workers or other persons or adversely affect the environment, instructions shall be given immediately to make such arrangements, stating the same.

(3) The Office may give instructions to the employer to provide necessary information and details regarding accidents, occupational diseases, or the health and safety of workers and other persons at the workplace.

(4) It shall be the duty of the concerned employer to comply with or cause compliance with the instructions given pursuant to Subsection (2) or (3). Chapter-13

Provisions relating to Industries or Services of a Special Nature

84. Special provisions relating to tea estate workers: (1) The liabilities of the employer towards tea estate workers shall be as follows:-
(a) to make arrangements for suitable housing within the tea estate for tea estate workers who do not reside near the tea estate, and their dependent families,
(b) to provide free first aid for minor injuries to tea estate workers and members of their dependent families, and to make arrangements for health treatment materials including a trained person for that purpose,
(c) to make arrangements so that daily necessities can be easily available if there is no market facility near the tea estate,
(d) to make appropriate arrangements for sports and recreation for the physical and mental development of tea estate workers and members of their dependent families. Explanation: For the purposes of this Section:-
(1) "Tea estate" means a tea estate registered under the prevailing law, and that term also includes the factory, other physical infrastructure and its premises established within the tea estate.
(2) "Tea estate worker" means a worker engaged in digging, ploughing, leveling, weeding, sowing, planting, hoeing, cutting, plucking, uprooting or similar other work on the land of the tea estate, and that term also includes a worker involved in tea processing or any other work of the tea estate.
(3) "Dependent family" means the family of the tea estate worker who lives with him/her and whom he/she is required to support.

(2) This Section shall not be deemed to prevent an agreement between workers working in a tea estate and the employer regarding the completion of any work of the tea estate. 85. Special provisions relating to construction workers: (1) The liabilities of the employer towards construction workers shall be as follows:-
(a) to provide necessary tools, equipment and materials in sufficient quantity for construction,
(b) to arrange temporary shelter and pure drinking water for workers who do not reside near the construction site, and to arrange for the supply of necessary foodstuffs,
(c) to make appropriate safety arrangements at the construction site.
Labour Act, 2017

Explanation: For the purposes of this Section,-
(1) "Construction work" means the work of constructing buildings, roads, bridges, canals, tunnels, internal or inter-country waterways, railways, construction work or power houses, telecommunications, telephone or telegraph structures and similar other structures, and that term also includes the work of installing machinery, tools or equipment in such structures.
(2) "Construction worker" means a worker engaged in construction work.

(2) A person or entity taking the responsibility or contract of construction work shall be deemed an employer for the purposes of this Act.

(3) While determining the rates of remuneration and other facilities for construction workers, mandatory representation of the concerned level of trade union and the construction entrepreneurs' association shall be ensured.

(4) Other provisions relating to construction workers shall be as prescribed. 86. Special provisions relating to transport workers: (1) The liabilities of the employer towards transport workers shall be as follows:-
(a) to mandatorily arrange at least two drivers to drive alternatively a vehicle transporting passengers over long distances (long route),
(b) to make arrangements for drivers of long-distance vehicles to rest at various places before reaching the destination,
(c) to pay a transport worker employed for more than eight hours a day remuneration at the rate of one and a half times the remuneration receivable by him/her for overtime work,
Provided that if a trip allowance, food allowance or other similar allowance is to be given to the transport worker, he/she shall receive only one of such allowance or the one and a half amount, as he/she chooses.
(d) if the vehicle breaks down and cannot run before reaching the destination, or if it has to be stopped at one place for any reason, the worker shall be paid fifty percent of the allowance he/she would have received while the vehicle was running,
(e) to keep necessary medicines and health treatment materials for first aid in the vehicle. Explanation: For the purposes of this Section,-
(1) "Long distance" means a long route determined pursuant to law.
(2) "Transport work" means the work of transporting people, animals or goods from one place to another by means of mechanical means.
(3) "Transport worker" means a worker engaged in transport work.

(2) A transport worker driving a vehicle shall not consume intoxicating substances from at least twelve hours before driving the vehicle until reaching the destination.

(3) A worker acting contrary to Subsection (2) may be removed from service by the concerned employer, deeming that he/she has behaved badly.
Labour Act, 2017

Provided that before such removal from service, such worker shall be given an opportunity to submit an explanation.

(4) If the employer wishes to remove a worker employed in a vehicle owned by him/her due to the sale of such vehicle or change of ownership for any other reason, the employer may terminate the employment relationship by providing the facilities payable as retirement. Provided that this provision shall not apply in the case of an establishment operating vehicles. 87. Special provisions relating to workers connected with tourism: (1) The liabilities of the employer towards workers connected with tourism shall be as follows:-
(a) to provide sufficient medicines and health treatment materials for first aid when sending workers to the workplace,
(b) to carry out or cause to carry out immediate rescue operations if a worker is in a serious health problem or accident.

(2) The employer shall provide the worker referred to in Subsection (1) with one of the following facilities, as chosen by the worker: field allowance, food allowance or other similar allowance, or one and a half remuneration for overtime work.

(3) An employer engaged in hotel, motel, restaurant, jungle safari or other businesses shall distribute the service charge amount collected pursuant to a collective agreement as prescribed. 88. Provisions relating to domestic workers: (1) The Government of Nepal may determine a separate minimum remuneration for domestic workers.

(2) Notwithstanding anything elsewhere in this Act, the public holidays, weekly holidays and other provisions relating thereto for domestic workers shall be as prescribed.

(3) If the employer has arranged for the domestic worker to eat and stay at home or has provided assistance in studies, the employer may deduct the amount therefor from the remuneration.

(4) The employer shall allow the domestic worker to celebrate festivals according to his/her culture, religion, and traditions. 89. Provisions relating to seasonal establishments: (1) If a seasonal establishment is closed during the off-season, the workers working in such establishment shall be kept in reserve for the entire period the establishment is closed. Explanation: For the purposes of this Section, "seasonal establishment" means an establishment that can be operated only in a particular season, and that term also includes an establishment that cannot be operated for more than one hundred and eighty days in a year.

(2) Notwithstanding anything elsewhere in this Act, the employer shall pay a worker in regular employment an amount equal to twenty-five percent of the remuneration receivable by him/her during the off-season period when the seasonal establishment is closed.

(3) If any question arises as to whether any establishment is a seasonal establishment or not, the decision thereof shall be made by the Office. 90.
Labour Act, 2017

90. Provisions relating to establishments registered abroad and operating business in Nepal: If a foreign establishment engaged in promoting any business, selling any goods, or any other work in Nepal violates the employment agreement with its representative or worker in Nepal, such representative or worker may lodge a complaint under this Act with the Office or the Labour Court. Chapter-14

Provisions relating to Fair Labour Practices

91. To comply with fair labour practices: Employers, establishments and trade unions shall comply with fair labour practices while dealing with each other in the course of their work and activities. 92. Acts deemed to be unfair labour practices: (1) Employers and trade unions shall not engage in or cause to engage in unfair labour practices as per Subsection (2) or (3).

(2) If an employer commits any of the following acts, it shall be deemed to have engaged in an unfair labour practice:-
(a) failing to comply with or cause compliance with labour laws,
(b) restricting the exercise of rights conferred by labour laws,
(c) knowingly creating false evidence with the intention of taking action against a worker,
(d) committing any act solely with the intention of knowingly causing trouble or harassment to a worker,
(e) interfering or causing interference in the formation, operation and administrative work of a trade union,
(f) continuing a lock-out declared illegal,
(g) assaulting or causing assault on a worker,
(h) inciting or provoking workers with the intention of creating animosity or discord among workers.

(3) If a trade union commits any of the following acts, it shall be deemed to have engaged in an unfair labour practice:-
(a) pressuring or threatening a worker to become or not become a member of any union,
(b) forcibly collecting donations or contributions,
(c) picketing or gheraoing at the employer's private residence or another establishment of the employer, except at the workplace,
(d) assaulting or causing assault on the employer, his/her representative or a worker, or engaging in any other illegal activity to get its demands fulfilled,
(e) knowingly committing any act causing loss or damage to the employer's property. Chapter-15

Provisions relating to Inspection

93. Provisions relating to Office and Inspector: (1) For the implementation of this Act and the prevailing Nepali laws relating to labour, the Government of Nepal may establish offices as required.

(2) The districts falling within the jurisdiction of the offices established pursuant to Subsection (1) shall be as prescribed by the Ministry.

(3) The Government of Nepal may, by publishing a notice in the Nepal Gazette, appoint one or more Inspectors as required for any area. 94.
Labour Act, 2017

95. Functions, duties and powers of Inspector: (1) The performance of functions and duties and the exercise of powers to be carried out on behalf of the Office shall be carried out by the Inspector and subordinate employees as prescribed.

(2) Notwithstanding anything written in Subsection (1), if any Act or other law specifies that a particular work must be done by an Occupational Safety and Health Inspector, the power to perform such work or to inspect the machinery and tools of a factory, matters relating to occupational safety and health, and other technical work shall vest in the Occupational Safety and Health Inspector on behalf of the Office. Provided that if an Occupational Safety and Health Inspector is not available in an Office, the provisions written in this Subsection shall not be deemed to prevent the Office from assigning inspection work to an Occupational Safety and Health Inspector working in another Office or to a technical expert knowledgeable in the related subject, and from having the Labour Inspector work on behalf of the Office accordingly. 96. Liability of Inspector or employee: (1) The duties of an Inspector or employee assigned to inspect an establishment or workplace under Section 95 shall be as follows:-
(a) to enter the establishment or workplace only after showing his/her identity card,
(b) to give a written receipt for taking control of any register, document or record or article,
(c) to keep the identity of the complainant confidential if the complainant requests to keep his/her identity confidential,
(d) to perform his/her official duties without interfering with the work of the establishment or workplace, and
(e) to keep confidential the information, knowledge or statistics obtained during inspection, except in circumstances where disclosure is required by law.

(2) If an Inspector or employee assigned to inspect an establishment or workplace fails to perform duties under Subsection (1), does any indecent act or act contrary to official duty, or causes loss or damage by doing any act with malice, the concerned person shall inform the authority concerned through the Office.

(3) If, upon necessary investigation of the Inspector or employee pursuant to Subsection (2), he/she is found guilty, the authority concerned may impose departmental punishment under the prevailing law. 97. To provide necessary assistance: It shall be the duty of the concerned employer, worker and trade union to provide necessary assistance to an Inspector or any employee assigned for the inspection of an establishment or workplace during the inspection. 98.
Labour Act, 2017

97. To provide necessary assistance: It shall be the duty of the concerned employer, worker and trade union to provide necessary assistance to an Inspector or any employee assigned for the inspection of an establishment or workplace during the inspection. 98. To submit report: Unless otherwise instructed, the Inspector or employee shall, within fifteen days from the date of completion of the inspection of the establishment or workplace under this Chapter, submit a report to the Office specifying the details as prescribed. 99. Office may give instructions: (1) After receiving a report under Section 98, the Office shall conduct necessary study and, if any work, work process or other matter of an establishment or workplace or worker or trade union needs improvement, may immediately give instructions to make such improvement and to stop any work process being carried out contrary to law.

(2) A party not satisfied with the instruction under Subsection (1) may file an appeal in the Labour Court within thirty-five days.

(3) The decision given by the Labour Court on the appeal filed under Subsection (2) shall be final. 100. To conduct labour audit: (1) Every establishment shall conduct a labour audit on whether or not the work and activities in the establishment have been carried out in accordance with this Act, the regulations and the prevailing law, and prepare a report thereof as prescribed.

(2) The report under Subsection (1) shall be made available to the Office or the Inspector at the time of inspection under this Chapter or when requested by the Office or the Inspector. 101. To submit application to convenient Office: Workers of an establishment having branches or workplaces in an area with more than one Office may submit an application to the Office convenient to them, and upon such application being submitted, the concerned Office shall hear such application. Chapter-16
Provisions relating to Council and Committee

102.
Labour Act, 2017

Chapter-16
Provisions relating to Council and Committee

102. Formation of Central Labour Advisory Council: (1) A Central Labour Advisory Council as follows shall be formed to advise the Government of Nepal on matters relating to labour:

 Post Description

 (a) Minister or Minister of State for Labour and Employment - Chairperson
 (b) Secretary, Ministry of Finance - Member
 (c) Secretary, Ministry of Labour and Employment - Member
 (d) Secretary, Ministry of Physical Infrastructure and Transport - Member
 (e) Secretary, Ministry of Agricultural Development - Member
 (f) Secretary, Ministry of Industry - Member
 (g) Secretary, Ministry of Health - Member
 (h) Director General, Department of Labour - Member
 (i) Executive Director, Social Security Fund - Member
 (j) Executive Director, Vocational Skill Development
 Training Centre - Member
 (k) Five persons, including at least two women, nominated by the Ministry as prescribed from among employers - Member
 (l) Five persons, including at least two women, nominated by the Ministry as prescribed from among trade union federations - Member
 (m) Joint Secretary (looking after the concerned division), Ministry of Labour and Employment - Member-Secretary

(2) The term of office of the members under Clause (k) and (l) of Subsection (1) shall be three years, and they may be re-nominated.

(3) While nominating representatives under Clause (k) and (l) of Subsection (1), the Ministry shall nominate on the recommendation of the organization of employers in the case of employers, and on the recommendation of the Joint Trade Union Coordination Centre in the case of trade union federations.

(4) Members under Clause (k) and (l) of Subsection (1) may nominate an alternate member to participate in the meetings of the Council in their absence. 103. Functions, duties and powers of the Council: (1) The functions, duties and powers of the Council shall be as follows:-
(a) to provide opinions and suggestions to the Government of Nepal on labour policy,
(b) to provide necessary opinions and suggestions to the Government of Nepal for contemporary reform

(5) The procedures and other arrangements relating to the meeting of the committee pursuant to sub-section (1) shall be as prescribed. Chapter-17

Provisions Relating to Internal Management of an Enterprise

108. Internal management may be made: (1) Every enterprise may, as required, make by-laws for its internal management.

(2) Amended by the Act Amending Some Nepal Acts, 2075 (2018).
Labour Act, 2017

Chapter-17

Provisions Relating to Internal Management of an Enterprise

108. Internal management may be made: (1) Every enterprise may, as required, make by-laws for its internal management.

(2) Amended by the Act Amending Some Nepal Acts, 2075 (2018). While making by-laws relating to service, terms and facilities for workers, or while granting approval to such by-laws made by an enterprise, the body authorised to grant approval to such by-laws shall do so in a manner not contrary to the minimum standards mentioned in this Act and the collective agreement.

(3) For the purpose of sub-section (1), the Ministry may, as required, prepare model by-laws. Provided that, nothing shall be deemed to prevent the Nepal Rastra Bank, in the case of banks and financial institutions, and the regulatory body, in the case of other enterprises, from making by-laws.

(4) One copy of the by-laws made by the enterprise shall be registered in the office, and if a worker wants to see such by-laws, the same shall be made available to him/her.

(5) While making or amending by-laws, the enterprise shall consult the authorized trade union, if any, in the enterprise, and if there is no such authorized trade union, the active trade union.

(6) If any provision of the by-laws made by the enterprise conflicts with this Act, prevailing law, or collective agreement, the court may invalidate such provision of the by-laws or issue any other appropriate order. 109. Transfer may be made: (1) The enterprise may transfer a worker from one office, branch, or unit to another office, branch, or unit of the enterprise in a manner that does not adversely affect his/her service terms and facilities and does not change the nature and level of his/her work.
Labour Act, 2017

Transfer may be made: (1) The enterprise may transfer a worker from one office, branch, or unit to another office, branch, or unit of the enterprise in a manner that does not adversely affect his/her service terms and facilities and does not change the nature and level of his/her work. Provided that, in the following circumstances, a transfer may be made involving a change in the nature and level of work:-
(a) with the consent of the concerned worker,
(b) in a situation where the worker is transferred upon promotion,
(c) as mentioned in the collective agreement, or
(d) to transfer a worker to other work related to the training, skill, or educational qualification received by him/her.

(2) A worker working in one enterprise may be transferred to another enterprise with his/her consent.

(3) While making a transfer pursuant to sub-section (2), the service period of the worker so transferred shall be linked, and an agreement shall be made as prescribed between the transferring enterprise and the receiving enterprise regarding the fact that all facilities obtainable on the basis of service period and other terms of service shall be borne by the receiving enterprise.

(4) If a worker is transferred outside the place of his/her permanent residence or outside the original workplace, the employer shall provide facilities as prescribed. 110. May be deputed as representative: (1) Any enterprise may send its worker to work in another enterprise in the capacity of its representative.

(2) In the case of being deputed pursuant to sub-section (1), unless otherwise agreed, the liability relating to the service and facilities of such worker shall remain with the enterprise so deputing. 111. Formation of Labour Relations Committee: (1) In an enterprise where ten or more workers are employed, the employer shall form a Labour Relations Committee as prescribed.

(2) The functions, duties, and powers of the Labour Relations Committee formed pursuant to sub-section (1) shall be as follows:-
(a) to hold necessary discussions regarding productivity enhancement and improvement of work systems,
(b) if there is a complaint from a worker or a potential situation arises, to discuss with the concerned party and attempt to resolve it,
(c) to improve the working environment of the workplace,
(d) to act as the Occupational Health and Safety Committee until such committee is formed,
(e) to perform other functions as prescribed.

(3) A meeting of the Labour Relations Committee pursuant to sub-section (1) shall be held as required in a manner that does not adversely affect the working hours of the enterprise.

(4) Arrangements relating to the formation, procedures, and meetings of the committee shall be as prescribed. 112.
Labour Act, 2017

112. Enterprise may conduct performance evaluation of workers: (1) The enterprise may generally conduct a performance evaluation of workers once a year.

(2) The basis and procedure for performance evaluation pursuant to sub-section (1) shall be determined in a fair and reasonable manner.

(3) The basis and procedure pursuant to sub-section (2) shall be informed to the worker before the commencement of the period in which the performance evaluation is to be conducted.

(4) After conducting the performance evaluation pursuant to sub-section (1), the employer or a person designated by him/her shall discuss with the concerned worker regarding his/her strengths and weaknesses and provide a reasonable opportunity to improve the shortcomings.

(5) If the concerned worker disagrees with the evaluation made pursuant to sub-section (4), he/she shall be given an opportunity to record the disagreement, and his/her signature shall be obtained on the performance evaluation form.

(6) If a worker expresses disagreement pursuant to sub-section (5), the enterprise shall make arrangements for a review regarding the same.

(7) Other arrangements relating to the performance evaluation of workers shall be as prescribed. Chapter-18
Resolution of Individual Disputes

113. Individual claim may be submitted: (1) If a worker has an individual claim on any matter relating to a right entitled under Amended by the Act Amending Some Nepal Acts, 2082 (2025). this Act and the rules made under this Act, prevailing law, or collective agreement, such worker may submit a written application to the employer.

(2) Upon receiving an application pursuant to sub-section (1), the employer shall give a receipt to the worker.

(3) Upon receiving an application pursuant to sub-section (1), the employer shall, within fifteen days, discuss with the concerned worker and resolve the dispute relating to such claim.

(4) Notwithstanding anything written in sub-section (3), the period for resolving the dispute may be extended on the basis of an agreement between the employer and the worker. 114.
Labour Act, 2017

114. Application to the Office: (1) In the following circumstances, the concerned party may submit an application to the Office for the resolution of an individual claim pursuant to section 113 by conciliation:-
(a) if the employer fails to give notice for discussion within seven days of the application under sub-section (1) of section 113, or
(b) if agreement cannot be reached during discussion under sub-section (3) of section 113, after fifteen days from the date of the initial application to the employer.

(2) Upon receiving an application pursuant to sub-section (1), the Office shall fix a date and time for discussion and notify the concerned employer and worker.

(3) The Office shall, within twenty-one days of receiving the application pursuant to sub-section (1), cause necessary negotiations between the employer and the worker and resolve the dispute relating to the claim.

(4) Notwithstanding anything written in sub-section (3), the period for resolving the dispute may be extended on the basis of an agreement among the Office, employer, and worker.

(5) If an agreement is reached between the concerned employer and worker during the negotiations arranged pursuant to sub-section (3), the dispute relating to such claim shall be deemed to have been resolved.

(6) The agreement made pursuant to sub-section (5) shall be binding on the concerned parties. 115. Office to decide: If the matter is not resolved pursuant to section 114, the Office shall, on the basis of the evidence received, decide within fifteen days. Chapter-19
Resolution of Collective Disputes

116.
Labour Act, 2017

115. Office to decide: If the matter is not resolved pursuant to section 114, the Office shall, on the basis of the evidence received, decide within fifteen days. Chapter-19
Resolution of Collective Disputes

116. Collective demand may be submitted: (1) In an enterprise where ten or more workers are employed, there shall be a collective bargaining committee as follows:-
(a) a group of bargaining representatives designated from the elected authorized trade union of the enterprise,
(b) if the election of the authorized trade union under clause (a) cannot be held, or if elected, the term has expired, a group of bargaining representatives nominated by mutual agreement of all unions present in the enterprise,
(c) in the absence of an authorized trade union under clause (a) or a group under clause (b), a group of representatives supported by the signatures of more than sixty percent of the workers employed in the enterprise.

(2) The collective bargaining committee may submit a collective demand in writing to the employer on matters relating to the interests of the workers.

(3) Notwithstanding anything written in sub-section (2), a collective demand shall not be submitted on the following matters:-
(a) matters contrary to the Constitution of Nepal,
(b) matters that adversely affect the interest of any person based on unsubstantiated or baseless allegations,
(c) matters affecting the personal conduct of any employer or worker,
(d) matters unrelated to one's own enterprise,
(e) until the period mentioned in this Act has elapsed after a collective agreement has been made,
(f) relating to the rate of contribution and benefits prescribed for the social security scheme.

(4) The collective bargaining committee may consist of three to a maximum of eleven members as prescribed on the basis of the number of workers.

(5) The collective bargaining committee formed pursuant to this section shall have the right to submit a collective demand, enter into an agreement, file a case against any person, or defend a case. 117. To negotiate regarding collective demand: (1) If a collective demand is submitted pursuant to section 116, the concerned employer shall, within seven days of the submission of the demand, give a written notice to the collective bargaining committee mentioning the place and time of negotiation.

(2) If a notice is given pursuant to sub-section (1), the members of the collective bargaining committee shall be present at the place and time mentioned in the notice to negotiate.

(3) If an agreement or settlement is reached between both parties during negotiation under sub-section (2), the dispute relating to the collective demand shall be resolved.

(4) The agreement made pursuant to sub-section (3) shall be binding on the concerned parties. 118.
Labour Act, 2017

118. To conciliate: (1) In the following circumstances, the concerned party may submit an application to the Office to resolve the dispute relating to the collective demand by conciliation:-
(a) if the employer fails to give notice to the collective bargaining committee for negotiation within the period under sub-section (1) of section 117, or
(b) if agreement cannot be reached within twenty-one days of the submission of the demand during negotiation under sub-section (3) of section 117. Provided that, if negotiations are ongoing, such period shall not be deemed to be prevented from being extended with the consent of the parties.

(2) Upon receiving an application pursuant to sub-section (1), the Office shall summon the concerned parties and resolve the dispute by conducting conciliation.

(3) The proceedings relating to conciliation under sub-section (2) shall be concluded within thirty days from the date of receipt of the application at the Office. Provided that, if negotiations are ongoing, such period shall not be deemed to be prevented from being extended with the consent of the parties.

(4) If an agreement is reached between both parties during negotiation under sub-section (3) in the presence of the Office, the dispute relating to the collective demand shall be resolved.

(5) The agreement made pursuant to sub-section (4) shall be binding on the concerned parties. 119. Dispute to be resolved by arbitration: (1) If conciliation is not made pursuant to section 118, the dispute relating to the collective demand shall be resolved through arbitration in the following circumstances:-
(a) if there is an agreement between the collective bargaining committee and the employer to resolve the dispute relating to the collective demand through arbitration,
(b) if a collective dispute arises in an enterprise operating an essential service,
(c) if a collective dispute arises in an enterprise within a special economic zone, or
(d) if a state of emergency is imposed under the Constitution and strikes are prohibited.
Labour Act, 2017

Explanation: For the purpose of this section, "essential service" shall be understood as a service the disruption of which adversely affects the life, health, and security of persons residing in the whole country or any part of the country.

(2) If a strike or lockout has occurred or is likely to occur, and the Ministry is convinced that the situation may cause an economic crisis in the country or that the dispute must be resolved by an arbitrator, the Ministry may, even if the collective dispute has reached any stage, order the resolution of the collective dispute by arbitration.

(3) For the purpose of sub-sections (1) and (2), the Ministry shall constitute an arbitrator comprising representation of workers, employers, and the Government of Nepal.

(4) The expenses of the arbitrator formed pursuant to sub-section (3) shall be borne by the Government of Nepal as prescribed.

(5) A party wishing to have the dispute resolved by arbitration shall submit a claim in writing to the arbitrator as prescribed.

(6) After receiving the claim pursuant to sub-section (5), the arbitrator shall send a copy of such claim to the other party and give an opportunity to submit a counter-claim.

(7) The arbitrator may consult or discuss with any expert while conducting proceedings under this section.

(8) The hearing shall be held on the date, time, and place fixed by the arbitrator, and the arbitration proceedings shall not be stayed solely because a party is absent or has failed to submit a counter-claim.

(9) The arbitrator shall deliver the decision within thirty days from the date of completion of the hearing under sub-section (8).

(10) The arbitrator shall have the same powers as a court under the prevailing law regarding taking evidence, recording witness statements, conducting spot inspections, and similar matters in relation to its proceedings.

(11) Unless otherwise provided by agreement of the parties, other arrangements relating to arbitration proceedings shall be as determined by the arbitrator. 120. Labour Arbitration Tribunal may be constituted: (1) The Government of Nepal may constitute an independent Labour Arbitration Tribunal for conciliation and arbitration in relation to collective disputes.

(2) In the event that a Labour Arbitration Tribunal is constituted under sub-section (1), the conciliation and arbitration proceedings under this Chapter shall be conducted by that same Labour Arbitration Tribunal.

(3) Other arrangements relating to the Labour Arbitration Tribunal shall be as prescribed. 121.