yamraj047/nepali-legal-rag-data huggingface dataset:
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 62: Revocation, suspension of license or fine:
Subsection (4)
(1) The Department or Office issuing Notwithstanding anything contained elsewhere in this Section, if it appears that the labour supplier whose license has been revoked has any financial liability towards the Government of Nepal or any labour, he or she shall not get www.lawcommission.gov.np immunity from the performance of such liability by the reason of the revocation of the license.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 62: Revocation, suspension of license or fine:
Subsection (5)
(1) The Department or Office issuing The Department or Office may suspend as prescribed the license of any labour supplier if such a labour supplier fails to comply with the terms specified in and directions given under this Act and the rules framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 62: Revocation, suspension of license or fine:
Subsection (6)
(1) The Department or Office issuing If any labour supplier fails to comply with the terms specified in and directions given under this Act and the rules framed under this Act, the Department or Office may impose on such a labour supplier a fine not exceeding twenty-five thousand rupees for the first time.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 63: Payment of remuneration and other benefits:
(1) In the event of revocation of the license of a labour supplier, such a labour supplier shall pay such amount of remuneration and other benefits as is payable to a labour within fifteen days.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 63: Payment of remuneration and other benefits:
Subsection (2)
(1) In the event of revocation of In the event of failure to pay the amount of remuneration and other benefits receivable by a labour within the period specified in sub-section (1), the Department or Office that has issued the license shall arrange the payment of such amount from the deposit or bank guarantee furnished or given by such a labour supplier  to such a labour at the time of obtaining the license.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 63: Payment of remuneration and other benefits:
Subsection (3)
(1) In the event of revocation of Where the amount of deposit or bank guarantee is not sufficient to pay the remuneration and other benefits pursuant to sub-section (2), the payment shall be made on pro rata basis. If such a labour supplier body is liquidated or dissolved, payment of the remaining remuneration and other benefits shall be made in accordance with the prevailing law. If such a body is continuing other activities without being dissolved or liquidated, the Office shall give an order for the payment of such remuneration and benefits from its other properties.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
(1) The main employer shall, while employing a labour through a licensee labour supplier, so employ him or her in accordance with the agreement entered with such a labour supplier.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (2)
(1) The main employer shall, while The main employer shall, before entering into the agreement, arrange for the provision of such remuneration and benefits as may not be less than that specified in this Act or the rules framed under this Act to the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (3)
(1) The main employer shall, while The main employer shall regularly obtain information as to whether or not the labour supplier has provided the remuneration and benefits regularly to the labour employed through such a labour supplier. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (4)
(1) The main employer shall, while If, while obtaining information pursuant to sub-section (3), it is found that the labour supplier has not provided the remuneration and benefits to the labour, the main employer shall immediately recommend the labour supplier to provide such remuneration and benefits and give information thereof to the Department or Office as well.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (5)
(1) The main employer shall, while If the labour supplier fails to provide the remuneration and benefits to the labour in spite of the request made pursuant to sub-section (4), the main employer shall give information thereof to the Department or Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (6)
(1) The main employer shall, while If information is received pursuant to sub-section (5) or information is received through any other means about the labour supplier’s failure to provide the remuneration and benefits to a labour, the Department or Office may make payment from the deposit or bank guarantee furnished by such a labour supplier at the time of obtaining the license.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (7)
(1) The main employer shall, while The main employer shall take or make such measures and provisions or arrangements as required to be taken or made at the workplace for occupational safety and health.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (8)
(1) The main employer shall, while If the remuneration or benefits to be provided to the labour pursuant to the prevailing law increase after the agreement between the labour supplier and the main employer has been made, the main employer shall add and pay such increased remuneration or benefits.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (9)
(1) The main employer shall, while No labour shall be supplied from any enterprise established with the involvement of the main employer or of any manager or director or family member, on his or her behalf.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 64: Obligations of the main employer:
Subsection (10)
(1) The main employer shall, while Other provisions relating to the obligations of the main employer shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 65: To make inspection, supervision and monitoring:
(1) The Office shall regularly make inspection and monitoring as to whether or not the labour supplier has acted in accordance with this Act or the rules framed under this Act and the directions and conditions given and prescribed pursuant to this Act and the rules framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 65: To make inspection, supervision and monitoring:
Subsection (2)
(1) The Office shall regularly If it is found from an on-site inspection, monitoring or any other means that any labour supplier has not acted pursuant to this Act and the rules framed under this Act or the conditions specified as applicable to him or her, the Office may give necessary direction to the labour supplier. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 65: To make inspection, supervision and monitoring:
Subsection (3)
(1) The Office shall regularly It shall be the duty of the concerned labour supplier to comply with the direction given pursuant to sub-section (2).
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 66: Liability of labours to rest on the main employer: Where any main employer
employs any labour by supplying such a labour through a person or company who has not obtained the license to supply labours pursuant to this Act or contrary to the provisions of this Act, such a labour shall be deemed to be a labour of the main employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 67: Prohibition on collecting fee from labour: No labour supplier shall collect any
kind of fee or commission from any labour whom it has supplied.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 68: Formulation of safety and health Policy:
(1) Subject to the provisions of this Act, the rules framed under this Act and directions given pursuant to this Act and the rules framed under this Act, the employer shall formulate and implement a policy on safety and health of the labours and other persons at the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 68: Formulation of safety and health Policy:
Subsection (2)
(1) Subject to the provisions of this The policy formulated pursuant to sub-section (1) shall be registered with the Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 68: Formulation of safety and health Policy:
Subsection (3)
(1) Subject to the provisions of this Other provisions relating to the safety and health policy to be formulated by the employer shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 68: Formulation of safety and health Policy:
Subsection (4)
(1) Subject to the provisions of this The Office shall regularly monitor as to whether or not the safety and health policy formulated by the employer under this Section has been complied with.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 69: Duties of employer towards labour:
(1) The duties of the employer towards the labour in respect of occupational safety and health shall be as follows: (a) To make safe environment for work by making appropriate safety and health arrangements at the workplace, (b) To make provision for the use, operation, storing and transportation of chemical, physical or biological materials or equipment so that it would not adversely affect the safety and health, (c) To provide necessary information, notice and training relating to the safety and health to the labour, as required, www.lawcommission.gov.np (d) To provide necessary training and information in an appropriate language to the labour in relation to the use and operation of the equipment or chemical, physical or biological materials related to the work, (e) To make proper arrangement for the safe entry and exit from the workplace, (f) To provide personal safety means to the labour, as required, and (g) To make such other provisions as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 69: Duties of employer towards labour:
Subsection (2)
(1) The duties of the employer towards the The employer shall not collect any fee or charge from a labour in consideration for the provision of any safety related facility or equipment to the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 70: Duties of employer towards non-labour:
(1) The employer shall make such provision as may be necessary to avoid any adverse effect on the safety and health of any non-labour who walks in and out of, or passes through, the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 70: Duties of employer towards non-labour:
Subsection (2)
(1) The employer shall make such Where any operating system of the workplace is likely to cause any harmful effect or risk on the safety or health of any person, the employer shall make arrangement for giving, putting a signal or providing information in that respect.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 70: Duties of employer towards non-labour:
Subsection (3)
(1) The employer shall make such Any enterprise that uses or manufactures chemical materials shall so manage that the chemical substance, gas or any other thing emitting during the operation of its business does not cause any adverse effect on the local animals, vegetation, human beings and environment.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: Duties of the responsible person:
(1) It shall be the duty of the responsible person to ensure whether any workplace, equipment, product or material is safe and healthy for the concerned work. Explanation: For the purpose of this Section, "responsible person" means any person who has the ownership or control over the workplace, equipment, product or material, and this term also includes any person or organization assigned with the ownership or control in accordance with the agreement, if any, made in relation to the chief of such a workplace, use of the equipment, product or material. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (2)
The employer or responsible person shall, upon receipt of the information referred to in sub-section (1), immediately give appropriate direction in that respect.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (3)
Where the employer or responsible person is not available for the time being for the purpose of giving information referred to in sub-section (1), the labour himself or herself may stop such a work.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (4)
Where the work is stopped pursuant to sub-section (3), the labour who so stops the work shall immediately give information thereof to the employer or responsible person through the fastest means.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (5)
The employer or responsible person shall, upon receipt of the information referred to in sub-section (4), immediately inquire into the matter and prevent or mitigate the risks resulted therefrom. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (6)
Where there arises any dispute between the labour and the employer as to whether or not there has arisen any risk necessitating the stoppage of the work and the provision made for the prevention or mitigation of the risk is adequate, any party may make an application to the Office for the settlement of such a dispute.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (7)
On receipt of the application pursuant to sub-section (6), the Office shall settle such a dispute upon examining the matter and hearing both the parties, and also examining the evidence if so required.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (8)
A decision made for the settlement of such a dispute shall be final and both the employer and the labour shall abide by such a decision.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (9)
Notwithstanding anything contained elsewhere in this Section, no work shall be stopped with the intention of causing loss or damage, trouble to or satisfy enmity with the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 71: 
Subsection (10)
During the time when the work remains stopped pursuant to this Section, the employer may engage a labour in another work subject to the conditions of his or her service.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 72: Duties of manufacturers, importers and suppliers:
(1) The duties of the manufacturer, importer or supplier of any equipment, product or material to be used at the workplace shall be as follows: (a) To manufacture, import and supply equipment, product or material found suitable from the examination for the operation and use at the workplace from the viewpoint of safety and health; (b) To determine such a method or process for using or operating such equipment, product or material properly so that the safety and health of the concerned persons at the workplace is not affected adversely, (c) To identify possible risks of causing adverse effect on the safety and health by the use of such equipment, product or material, (d) To conduct necessary research, use or experiment to eliminate or minimize the risks identified pursuant to clause (c), Provided that where there is a reasonable ground to believe in the results of any research, use or experiment conducted earlier by any other person such a research, use or experiment may be given recognition. (e) To prepare a manual in order to provide all the information relating to the necessary measures required to be taken, from the viewpoint of safety and health, during the operation and use of the equipment, product or material to be operated or used at the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 72: Duties of manufacturers, importers and suppliers:
Subsection (2)
(1) The duties of the A person or organization that manufactures or installs any equipment to be used in the workplace shall give the employer a report in writing to the effect that such equipment so manufactured or installed, if used properly, will not cause any adverse effect on the safety or health of any person.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 72: Duties of manufacturers, importers and suppliers:
Subsection (3)
(1) The duties of the If any equipment, product or material is not used in accordance with the information or instruction provided by the manufacturer or supplier providing such equipment, product or material in relation to the use of the equipment, product or material, such equipment or material shall, for the purpose of this Section, not be deemed to have been used properly.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 72: Duties of manufacturers, importers and suppliers:
Subsection (4)
(1) The duties of the The manufacturer, importer or supplier of any chemical material to be used in the workplace shall provide the employer with such other details including the chemical safety data sheet in relation such material as prescribed. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 73: Duties of labour:
(1) The duties of the labour in relation to occupational safety and health shall be as follows: (a) Not to perform any such act in the workplace intentionally or recklessly that may cause adverse effect or risk on the safety and health of him or her or of others, (b) To provide necessary assistance to the employer and concerned person in the fulfilment of any duties mentioned in this Chapter, (c) To obtain information about the manuals, instructions and other matters prepared for the operation and use of the equipment, product or material to be operated and used in the workplace safely and cautiously, (d) To operate and use the workplace, equipment, product or material safely and cautiously in accordance with the manuals, information and instructions prepared for the operation and use of such a workplace, equipment, product or material, and (e) To use compulsorily the personal safety equipment provided by the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 74: To form safety and health committee:
(1) The employer shall form such a safety and health committee with representation of the labours also as prescribed in an enterprise where twenty or more labours are employed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 74: To form safety and health committee:
Subsection (2)
(1) The employer shall form such a safety For the purpose of sub-section (1), the labours employed through a labour supplier shall also be counted.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 74: To form safety and health committee:
Subsection (3)
(1) The employer shall form such a safety The functions, duties and powers of the safety and health committee formed pursuant to sub-section (1) shall be as follows: (a) To give advice to the employer regularly on the arrangement on safety and health required to be made in the workplace and on making such an arrangement effective, (b) To evaluate the arrangement on safety and health made in the workplace, and draw the attention of the employer for making such an arrangement more effective, www.lawcommission.gov.np (c) In the event of failure to do the act in spite of the attention drawn pursuant to clause (b), to give information thereof to the Office, (d) To review each year the safety and health policy formulated pursuant to Section 68, (e) To perform such other functions as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 75: Saving from action: No employer shall take disciplinary action against any labour
for the sole reason that he or she has committed the following act: (a) To give information, notice or make or assist in the making of a complaint against the employer as to failure to make arrangements on safety and health, (b) To do any act in the capacity of a member of the safety and health committee referred to in Section 74, or (c) To stop the work pursuant to Section 76 or 77 because of occurrence of an immediate danger to safety and health.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 76: To stop work in the case of immediate danger:
(1) Where it is likely to cause bodily injury or risk to, or serious effect on the health of, a labour or other person or cause unexpected loss or damage to any equipment, product or material if any work is not stopped immediately, the labour involved in such a work shall give information thereof to the employer or responsible person referred to in Section
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
(1) Where it appears from the inspection or any other source that there exists a ground that an immediate danger has arisen or is likely to arise in the safety and health of the labour or other person in the workplace of any enterprise, the Office may give direction to the employer to immediately stop the work in such a workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (2)
(1) Where it appears from the inspection or any other A direction to be issued pursuant to sub-section (1) shall set out, inter alia, the reason and ground why such danger has so arisen.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (3)
(1) Where it appears from the inspection or any other While issuing the direction pursuant to sub-section (1), the Office may, if it appears that it is not appropriate to operate or use any equipment in the workplace, issue an order forbidding the use of such equipment, and while so issuing the order, it may also affix a seal or Tancha on such equipment or any part of it.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (4)
(1) Where it appears from the inspection or any other If the Office gives direction to stop a work pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (1)
(1) Where it appears from the inspection or any other , the employer shall immediately stop the work.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (5)
(1) Where it appears from the inspection or any other The employer who is not satisfied with a direction given by the Office pursuant to this Section may make an application to the Department within seven days of the receipt of such a direction. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (6)
(1) Where it appears from the inspection or any other The Department shall settle the application made under sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (5)
(1) Where it appears from the inspection or any other within fifteen days.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 77: Direction to stop the work:
Subsection (7)
(1) Where it appears from the inspection or any other It is not allowed to do the work during the period referred to in subsection (6). Provided that if the Office gives information during that period that any immediate threat has not arisen to the safety and health of persons, the work may be resumed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 78: Special provisions relating to occupational safety and health:
(1) The safety and health standards to be followed by the enterprise engaged in the work related to the following matters shall be as prescribed: (a) Provisions relating to protection of eyes, (b) Provisions relating to protection from chemical substance, (c) Provisions relating to operation of pressure plants, (d) Provisions relating to safeguard of machines, (e) Provisions relating to lifting of load, (f) Other necessary provisions.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 78: Special provisions relating to occupational safety and health:
Subsection (2)
(1) The safety Provisions relating to the inspection of pressure plants and boilers shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 78: Special provisions relating to occupational safety and health:
Subsection (3)
(1) The safety Provisions relating to information about the establishment of any enterprise and other provisions relating to occupational safety and health shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 79: To give information: Where any accident occurs or any person is injured or dies
in an accident or suffers from any occupational disease in the workplace, the employer shall give information thereof to the Office immediately.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 80: Arrangements for control of infectious diseases to be made:
(1) The employer shall make necessary arrangements for the prevention and control of infectious diseases in the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 80: Arrangements for control of infectious diseases to be made:
Subsection (2)
(1) The employer If any labour suffering from any infectious disease needs to undergo treatment, he or she may be prevented from attending the work during the period of treatment.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 80: Arrangements for control of infectious diseases to be made:
Subsection (3)
(1) The employer Where the sick leave of such a labour is not sufficient for treatment pursuant to sub-section (2), the employer may give direction to that labour to make adjustment with any other leave or take the special unpaid leave. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 80: Arrangements for control of infectious diseases to be made:
Subsection (4)
(1) The employer It shall be the duty of the concerned labour to abide by the direction given pursuant to sub-section (3).
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 81: To engage in easier work:
(1) Where any female labour is pregnant, she shall give information thereof, accompanied also by a proof showing her health checkup, to the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 81: To engage in easier work:
Subsection (2)
(1) Where any female labour is pregnant, she shall If the information referred to in sub-section (1) is received, the employer shall generally so engage such a female labour in work that it does not cause any adverse effect on her health.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 82: Special provisions relating to treatment of occupational disease:
(1) Where any labour suffers from any such occupational disease as prescribed while doing work of any enterprise, the enterprise shall provide the labour with such treatment expense as prescribed for the treatment of such a disease and such amount of compensation as prescribed, if such a disease is incurable.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 82: Special provisions relating to treatment of occupational disease:
Subsection (2)
(1) Where any Notwithstanding anything contained in sub-section (1), the enterprise shall not be required to provide the amount of treatment expense or compensation referred to in sub-section (1) if the labour is entitled to the amount of expense for the treatment of the occupational disease or compensation from the Social Security Fund.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 83: Direction may be issued:
(1) The Office may make a sudden or periodic inspection as to whether or not the employer has made safety and health related arrangements.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 83: Direction may be issued:
Subsection (2)
(1) The Office may make a sudden or periodic If, while making inspection pursuant to sub-section (1), it is not found that the employer has made the arrangement on safety and health in the workplace as referred to in this Act or the prevailing law, the Office shall give a direction to the concerned employer specifying the period for making arrangement thereof. Provided that if it appears that failure to make such arrangement immediately will cause danger to the safety and health of labours or other persons or adverse effect on the environment, it shall give direction indicating the matter to make such arrangement immediately.
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 83: Direction may be issued:
Subsection (3)
(1) The Office may make a sudden or periodic The Office may give direction to the employer to provide necessary information and details regarding any accident occurred in the workplace, occupational disease or safety and health of labours and other persons. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-12: Provisions Relating to Occupation Safety and Health
Section 83: Direction may be issued:
Subsection (4)
(1) The Office may make a sudden or periodic It shall be the duty of the concerned employer to abide by or cause to be abided by the direction given pursuant to sub-section (2) or (3).
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 84: Provisions relating to tea-estate labours:
(1) The obligations of the employers towards the tea-estate labours shall be as follows: (a) To make arrangement for suitable quarters within the tea-estate for the labours who do not have their own settlement near the tea-state and their dependent family members, (b) To make arrangement for free first-aid-service for the treatment of minor injuries sustained by the labours and their dependent family members and for trained medical staff, medical items for that purpose, (c) To make arrangement for the easy availability of the daily consumable goods if there is no market facility near the tea-estate, (d) To make proper arrangement for sports and entertainment for physical and mental development of the tea-estate labours and their dependent family members. Explanation: For the purpose of this Section, -
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 84: Provisions relating to tea-estate labours:
Subsection (1)
(1) The obligations of the employers "Tea estate" means a tea-estate registered pursuant to the prevailing law, and this term also includes a factory, other physical infrastructures established within the tea-estate and its premises.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 84: Provisions relating to tea-estate labours:
Subsection (2)
(1) The obligations of the employers "Tea-estate labour" means a labour who does the work of digging, ploughing, levelling, cutting, plucking, scattering, sowing, collecting, uprooting or similar other work in the land of a tea estate, and this term also includes a labour who is engaged in tea processing and any other work of the tea estate.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 84: Provisions relating to tea-estate labours:
Subsection (3)
(1) The obligations of the employers "Dependent family" means his or her family member who lives with a tea-estate labour and whom he or she has to maintain. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 84: Provisions relating to tea-estate labours:
Subsection (2)
(1) The obligations of the employers This Section shall not be deemed to bar the making of an agreement between the labour working in a tea-estate and the employer in relation to any work of the tea-estate to be performed.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
(1) The obligations of the employers towards the construction labours shall be as follows: (a) To provide such tools, equipment and material in a sufficient quantity as may be required for construction, (b) To make arrangement for temporary quarters to the labours who do not have settlement near the construction workplace, clean drinking water and supply of necessary food items, (c) To make appropriate safety arrangement in the construction workplace. Explanation: For the purpose of this Section, -
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
Subsection (1)
(1) The obligations of the "Construction work" means the construction of a building, road, bridge, canal, tunnel, internal or inter-state waterway, railway, construction work or construction of a power station, telecommunication, telephone or telegraphic structure and similar other structure, and this term also includes installation of any machine, tool or equipment in that structure.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
Subsection (2)
(1) The obligations of the "Construction labour" means a labour who is engaged in the construction work.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
Subsection (3)
(1) The obligations of the Any person or organization who takes responsibility or contract for the construction work shall be deemed to be the employer for the purpose of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
Subsection (4)
(1) The obligations of the When fixing the rate of remuneration and other benefits for the construction labours, representation of the trade union of the concerned level and of the construction entrepreneurs’ association shall be compulsory.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 85: Special provisions relating to construction labours:
Subsection (5)
(1) The obligations of the Other provisions relating to the construction labours shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
(1) The obligations of the employers towards the transport labours shall be as follows: www.lawcommission.gov.np (a) To make compulsory provision for at least two drivers to rotationally drive any motor vehicle transporting passengers in a long route, (b) To make arrangement for taking rest by drivers of any motor vehicle operating in a long route in different places before reaching the final destination, (c) To provide a transport labour who is employed to work for more than eight hours a day with remuneration at the rate of 1.5 times of the remuneration receivable by the transport labour, Provided that if a trip allowance, food allowance or similar other allowance is to be provided to the transport labour, he or she shall be entitled to only one of such allowance and 1.5 times amount that he or she chooses. (d) If the motor vehicle breaks down before reaching the final destination or is required to be stopped in one place for any reason, the labour is to be provided with fifty percent of the allowance receivable by him or her at the time when the motor vehicle is in running condition, (e) To keep in the motor vehicle such medicines and medical treatment items as may be necessary for first-aid treatment. Explanation: For the purpose of this Section, -
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (1)
(1) The obligations of the employers "Long route" means a long route determined pursuant to the law.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (2)
(1) The obligations of the employers “Transportation work” means the transportation by mechanical means of passengers, animals or goods from one place to another.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (3)
(1) The obligations of the employers "Transport labour" means any labour engaged in the transportation work.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (2)
(1) The obligations of the employers No transport labour who drives a motor vehicle shall consume alcoholic substance at least twelve hours before driving the vehicle until the final destination is reached.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (3)
(1) The obligations of the employers A labour who acts contrary to sub-section (2) shall be deemed to have committed a misconduct, and the concerned employer may remove him or her from the service. www.lawcommission.gov.np Provided that an opportunity to submit explanation shall be provided to such a labour before so removing him or her from the service.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 86: Provisions relating to transport labours:
Subsection (4)
(1) The obligations of the employers If the employer wishes to remove any labour working in a motor vehicle in his or her ownership because of a change in ownership effected from the sale of the vehicle or otherwise, the employer may terminate employment relation by providing him or her with such benefits as payable for retirement. Provided that this provision shall not apply to an enterprise that operates motor vehicles.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 87: Special provisions relating to tourism labours:
(1) The obligations of the employers towards the tourism labours shall be as follows: (a) To provide sufficient quantity of medicines and medical treatment items for first aid when sending labours to the workplace, (b) To rescue, or cause to be rescued, without delay any labour who gets in an accident or serious health problem.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 87: Special provisions relating to tourism labours:
Subsection (2)
(1) The obligations of the When sending a labour to the workplace as mentioned in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 87: Special provisions relating to tourism labours:
Subsection (1)
(1) The obligations of the , the employer shall provide the labour with any one of such facility out of a field allowance, food allowance or similar other allowance or 1.5 times remuneration for overtime work that he or she chooses.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 87: Special provisions relating to tourism labours:
Subsection (3)
(1) The obligations of the The employer operating any hotel, motel, restaurant, jungle safari or other business shall distribute, as prescribed, the service fees collected pursuant to the collective agreement.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 88: Provisions relating to domestic labours:
(1) The Government of Nepal may fix separate minimum remuneration for domestic labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 88: Provisions relating to domestic labours:
Subsection (2)
(1) The Government of Nepal may fix Notwithstanding anything contained elsewhere in this Act, provisions relating to public leave, weekly leave of domestic labours and other provisions related thereto shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 88: Provisions relating to domestic labours:
Subsection (3)
(1) The Government of Nepal may fix Where the employer has arranged for food and shelter of a domestic labour in his or her house or assisted in his or her study, the labour may deduct the amount for such purpose from the remuneration of the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 88: Provisions relating to domestic labours:
Subsection (4)
(1) The Government of Nepal may fix The employer shall allow a domestic labour to celebrate festivals as per his or her culture, religion or tradition.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 89: Provisions relating to seasonal enterprises:
(1) If any seasonal enterprise is closed during the off-season, the labours working in such an enterprise shall be kept in reserve during the period of its closure. www.lawcommission.gov.np Explanation: For the purpose of this Section, the term “seasonal enterprise” means an enterprise which can be operated in a particular season only, and this term also includes an enterprise which cannot be operated for more than one hundred eighty days in a year.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 89: Provisions relating to seasonal enterprises:
Subsection (2)
(1) If any seasonal enterprise is Notwithstanding anything contained elsewhere in this Act, the employer shall provide a labour who is in regular employment with an amount equal to twenty-five percent of the remuneration to which he or she is entitled during the period of off-season when the seasonal enterprise remains closed.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 89: Provisions relating to seasonal enterprises:
Subsection (3)
(1) If any seasonal enterprise is If there arises a question of whether or not any enterprise is a seasonal enterprise, it shall be as decided by the Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-13: Provisions Relating to Industry or Service of Special Nature
Section 90: Provisions relating to enterprise which is incorporated in foreign country and
operates business in Nepal: If any foreign enterprise involved in the promotion of any business or sale of any goods or any other activity in Nepal violates the employment contract entered into with its representative or labour in Nepal, such a representative or labour may file a complaint to the Office or Labour Court in accordance with this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-14: Provisions Relating to Fair Labour Practice
Section 91: To observe fair labour practice: The employer, enterprise and trade union shall
observe fair labour practice in their conduct with each other in the course of their respective activity.
The Labour Act, 2017 (2074),NEPAL
Chapter-14: Provisions Relating to Fair Labour Practice
Section 92: Deemed to be unfair labour practice:
(1) The employer and trade union shall not commit, or cause to commit, any unfair labour practice referred to in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-14: Provisions Relating to Fair Labour Practice
Section 92: Deemed to be unfair labour practice:
Subsection (2)
(1) The employer and trade union shall not or (3).