yamraj047/nepali-legal-rag-data huggingface dataset:
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 17: Provisions relating to labour to be applicable:
Subsection (3)
(1) Notwithstanding anything Where an apprentice meets with an accident in the course of performing the work of the enterprise, the enterprise shall, unless otherwise agreed between the enterprise and the educational institute, have medical treatment of such an apprentice, and provide compensation to him or her if he or she suffers grievous hurt, as if he or she were a labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 17: Provisions relating to labour to be applicable:
Subsection (4)
(1) Notwithstanding anything The matters other than those set forth in sub-sections (1), (2) and (3) shall be as mentioned in the agreement between the enterprise and the educational institute.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 18: Engagement in work as trainee labour:
(1) An employer may employ any person as a trainee providing on the job training.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 18: Engagement in work as trainee labour:
Subsection (2)
(1) An employer may employ any person The period of training referred to in sub-section (1) shall not be more than one year. Provided that any period is specified by the prevailing law for a specific work or specific training period is required for it, a trainee may accordingly be employed for that period. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 18: Engagement in work as trainee labour:
Subsection (3)
(1) An employer may employ any person The employer shall provide the person employed a trainee pursuant to this Section with at least such facilities as may not be less than the minimum remuneration and other social security benefits including the sick leave, gratuity, provident fund and insurance.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 18: Engagement in work as trainee labour:
Subsection (4)
(1) An employer may employ any person The employer shall not be compelled to continue the employment of the trainee after the completion of the training period. Provided that if the same employer engages the trainee in work, the probation period shall not apply to him or her.
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 19: Part-time employment:
(1) An employer may employ a labour for part time. Provided that a worker who works full time shall not be employed in parttime work without his or her consent.
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 19: Part-time employment:
Subsection (2)
(1) An employer may employ a labour for part time. The remuneration of part time labours shall be fixed generally on the basis of working time (hours) or on the basis of the employment contract entered into between the two parties.
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 19: Part-time employment:
Subsection (3)
(1) An employer may employ a labour for part time. While fixing the remuneration of the part time labours pursuant to sub-section (2), such remuneration shall be fixed on the basis of at least the monthly remuneration of the labours working full time at the same level for the work of same nature.
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 19: Part-time employment:
Subsection (4)
(1) An employer may employ a labour for part time. Where a labour employed part-time pursuant to this Section is employed in the overtime work, such a labour shall be provided with a remuneration that is 1.5 times of the remuneration to which he or she is entitled under sub-section (2).
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 20: Not to restrain from working elsewhere: No part time labour shall be restrained
from working elsewhere.
The Labour Act, 2017 (2074),NEPAL
Chapter-5: Provisions Relating to Part-Time Labours
Section 21: Provisions relating to social security: In the case of a part-time labour who works
for more than one employer, each employer shall, on the basis of the basic remuneration to which the labour is entitled, make contribution for gratuity, provident fund or other social security related benefits. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
(1) No employer shall employ any foreign citizen as a labour without obtaining the work permit from the Department.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
Subsection (2)
(1) No employer shall employ any Notwithstanding anything contained in sub-section (1), the employer may, if the skilled labour that it needs cannot be supplied from among Nepali citizens, employ a foreign labour subject to this Section.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
Subsection (3)
(1) No employer shall employ any Prior to employing a foreign labour pursuant to sub-section (2), the employer shall publish an advertisement in a national daily newspaper in order to acquire the required skilled labour from among the Nepali citizens. If, in spite of such an advertisement, no application is received from any Nepali citizen as prescribed or any Nepali citizen cannot be selected, the employer may make an application, accompanied by the evidence thereof, to the Department for the work permit for employing a foreign labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
Subsection (4)
(1) No employer shall employ any The Department may, if it deems reasonable upon inquiring into the application received under sub-section (3) and the evidence attached therewith, issue a work permit for the employment of a foreign skilled labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
Subsection (5)
(1) No employer shall employ any Any employer who employs a foreign labour by obtaining the work permit pursuant to sub-section (4) shall make arrangement for making Nepali citizens skilled and gradual replacement of foreign labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 22: Restriction on employment of foreigners:
Subsection (6)
(1) No employer shall employ any The fees and other provisions relating to the work permit shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 23: Foreign citizen to obtain work permit to work in Nepal:
(1) A foreign labour shall obtain the work permit as prescribed in order to work in Nepal.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 23: Foreign citizen to obtain work permit to work in Nepal:
Subsection (2)
(1) A foreign labour Notwithstanding anything contained elsewhere in this Act, any foreign citizen who work in Nepal shall, except where he or she is entitled to diplomatic immunity or is not required to obtain a work permit under any treaty or agreement concluded with the Government of Nepal, obtain a work permit as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 24: Work permit may be issued: Notwithstanding anything contained in Sections 22
and 23, the Department may, upon maintaining the records, issue the work permit to foreign nationals in the following circumstance: www.lawcommission.gov.np (a) The chief executive of an enterprise with foreign investment or operated with foreign assistance and such number of labours as prescribed to work in that enterprise, (b) Any technician who comes to repair or maintain any machinery object or install any new technology or to do similar other unforeseen work for a period of three months or less than three months.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 25: Language of the contract: While entering into the employment contract with a
foreign labour and providing information relating to the work to be performed by him or her, conditions of his or her service and benefits, the employer shall enter into, or cause to be entered into, such a contract or provide such information in such a language that he or she understands or in the English language.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 26: Remuneration may be repatriated in convertible foreign currency: Any
foreign labour who has obtained the work permit pursuant to this Chapter shall be allowed to repatriate to his or her country the amount of remuneration earned by working in Nepal in a convertible foreign currency.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 27: Remuneration, conditions of service, benefits of and other provisions relating
to foreign labours: (1) The remuneration to which a foreign labour is entitled for the work performed, conditions of service and benefits of him or her shall be so mentioned in the time-based or task-based employment contract entered into between the employer and the labour as not being less favourable than the standards set by this Act or the rules framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 27: Remuneration, conditions of service, benefits of and other provisions relating
Subsection (2)
The employment contract shall remain valid for such a period as mentioned in that contract, and failing such a provision, for a period not exceeding three years.
The Labour Act, 2017 (2074),NEPAL
Chapter-6: Provisions Relating to Work Permit
Section 27: Remuneration, conditions of service, benefits of and other provisions relating
Subsection (3)
Other provisions relating to foreign labours shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 28: Working hours:
(1) No employer shall employ labours to work more than eight hours a day and forty-eight hours a week.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 28: Working hours:
Subsection (2)
(1) No employer shall employ labours to work more than eight The labours shall be provided with half an hour rest after five hours of continuous work.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 28: Working hours:
Subsection (3)
(1) No employer shall employ labours to work more than eight In the cases of work which is not to be stopped and is to be carried out continuously, labours shall be provided with such a rest time turn by turn. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 28: Working hours:
Subsection (4)
(1) No employer shall employ labours to work more than eight The rest time to be provided pursuant to sub-sections (2) and (3) shall be counted in the working hours referred to in sub-section (1).
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 29: Not to compel to work overtime:
(1) No employer shall compel a labour to work more than the hours set forth in sub-section (1) of Section 28.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 29: Not to compel to work overtime:
Subsection (2)
(1) No employer shall compel a labour to work Notwithstanding anything contained in sub-section (1), if the nonperformance of a work is likely to cause an adverse effect on the life, safety and health of any person or a serious loss or damage to the employer, the concerned labour may, subject to sub-section (1) of Section 30, be caused to work overtime.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 30: Provisions relating to overtime:
(1) Where an employer needs to cause any labour to work for more than the working hours specified subject to Section 28, such a labour may be caused to work not exceeding four hours a day and twentyfour hours a week.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 30: Provisions relating to overtime:
Subsection (2)
(1) Where an employer needs to cause any The work which any labour has been caused by the employer to perform without giving the substitute leave pursuant to Section 42 shall be deemed to be an overtime work.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 31: Additional remuneration to be paid:
(1) While employing any labour to work overtime pursuant to Section 30, the employer shall pay to the labour remuneration at a rate of 1.5 times of the basic remuneration receivable during regular hours of work.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 31: Additional remuneration to be paid:
Subsection (2)
(1) While employing any labour to work Notwithstanding anything contained in sub-section (1), nothing contained in this Section shall bar the collective agreement to provide for certain benefits or the providing of such benefits as mentioned in the employment contract in the case of the labour of managerial level, in lieu of the additional remuneration receivable for an overtime work.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 32: Fixation of working hours:
(1) Where an employment contract specifies the starting and finishing time of working hours for workers, it shall be followed accordingly or in its absence, it shall be as determined by the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 32: Fixation of working hours:
Subsection (2)
(1) Where an employment contract specifies the Other provisions relating to working hours shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-7: Provisions Relating to Working Hours
Section 33: Arrangement for transportation to be made: In employing a female labour
where the working hours begin after the sunset or before the sun rise, the employer shall make necessary arrangement for transportation to and from the workplace. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 34: Entitlement of labours to remuneration:
(1) Each worker shall be entitled to receive the remuneration and benefits from the date on which he or she starts the work.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 34: Entitlement of labours to remuneration:
Subsection (2)
(1) Each worker shall be entitled to The remuneration and benefits which a labour is entitled to shall be so specified in the employment contract as not to be less than that specified in this Act and the rules framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 34: Entitlement of labours to remuneration:
Subsection (3)
(1) Each worker shall be entitled to Except as mentioned in the collective agreement between the employer and the labour, the remuneration and benefits being received and enjoyed by the labour shall not be decreased.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 35: Payment of remuneration:
(1) In paying the remuneration to the labour, the employer shall make such payment in accordance with the provision, if any, mentioned in the employment contract to that effect, and failing such a provision, at such a time as determined by the employer. Provided that the remuneration shall be paid as follows to the following labour: (a) In the case of a labour working for a period of less than one month, within three days from the date of completion of the work. (b) In the case of a labour employed in a casual work, immediately after the completion of the work.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 35: Payment of remuneration:
Subsection (2)
(1) In paying the remuneration to the labour, the Notwithstanding anything contained in sub-section (1), the interval between the dates for payment of remuneration shall not be more than one month.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 36: Entitlement to annual increment in remuneration (grade): Any labour who has
completed one year of service period shall be entitled to an annual increment in remuneration (grade) each year in an amount equal to at least half a day remuneration based on the monthly basic remuneration to which the labour is entitled.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 37: Entitlement to festival expense:
(1) Each labour shall be entitled to an amount equal to the basic remuneration of one month as the festival expense each year for the festival to be celebrated according to his or her religion, culture and tradition.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 37: Entitlement to festival expense:
Subsection (2)
(1) Each labour shall be entitled to an amount A labour may make a written request to the employer for the payment of the festival expense referred to in sub-section (1) at one time in one fiscal year on the occasion of the main festival to be celebrated according to his www.lawcommission.gov.np or her religion, culture and tradition. In the case absent such a request, the festival expense shall be provided at the time of Dashain festival every year.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 37: Entitlement to festival expense:
Subsection (3)
(1) Each labour shall be entitled to an amount A labour who has not completed one year of service period on or before the day of payment of the festival expense shall be entitled to such expense in proportion to the period of service he or she has completed.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
(1) Except in the following circumstance, no amount shall be deducted from the remuneration receivable by the labour: (a) Any tax, fees leviable under law, (b) Any amount of contribution required to be made for provident fund or insurance or any other social security, (c) Any amount required to be deducted pursuant to the order or decision by any judicial or quasi-judicial body or arbitration, (d) Such amount as prescribed for such service or facility provided by the employer to the labour as prescribed, (e) Amount of remuneration for the period during which the labour remains absent from the work, (f) In the event of loss of or damage to cash or in-kind of the employer with ulterior motive or recklessly, such amount as mentioned in the cash or in-kind book or the amount equivalent to the production cost in the case of a manufactured good, (g) Such amount as specified in the collective agreement to be deductible from remuneration, (h) Membership fee chargeable by the trade union, (i) Amount of loan or advance provided or paid to the labour by the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
Subsection (2)
(1) Except in the following While deducting the amount pursuant to sub-section (c), (d), (e), (f), (g), (h) or (i), it shall be deducted from the monthly remuneration that remains after deducting the amounts set forth in sub-sections (a) and (b).
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
Subsection (3)
(1) Except in the following The limit of, procedure and other provisions relating to the amount deductible under sub-section (2) shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
Subsection (4)
(1) Except in the following Where a labour dies or is relieved of service for any reason whatsoever before the amount deductible pursuant to this Section is deducted, such an amount may be deducted from any amount whatsoever payable to such a labour. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
Subsection (5)
(1) Except in the following Where the amount to be deducted cannot be recovered even after making deductions pursuant to sub-section (4) and the labour has died, the employer shall give a notice of fifteen days to his or her heir under the law for the payment of such an amount.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 38: Prohibition on deduction of remuneration:
Subsection (6)
(1) Except in the following Where the amount is not paid even within the period referred to in sub-section (5), the employer may make a petition to the court for the recovery of such an amount within thirty-five days of the expiry of the period.
The Labour Act, 2017 (2074),NEPAL
Chapter-8: Provisions Relating to Remuneration
Section 39: Remuneration for reserve period:  Where a labour is held in reserve pursuant to
this Act, the employer shall pay half the remuneration which he or she is entitled to until the work is resumed. Provided that such a labour shall not be required to make attendance in the workplace during the reserve period unless the requirement of attendance is mentioned in the notice on holding the labour in reserve.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 41: Public leave:
(1) Each labour shall each year get a paid public leave of thirteen days including the May Day, and fourteen days including International Women Labour Day in the case of a female labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 41: Public leave:
Subsection (2)
(1) Each labour shall each year get a paid public leave of thirteen Notwithstanding anything contained in sub-section (1), the public holidays in the case of an enterprise shall be as determined by the regulatory authority, if any, that regulates such an enterprise and as determined by the employer in the other situations.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 42: Substitute leave:
(1) A labour who is involved in a work that must not be stopped or must be done continuously shall get the substitute leave in consideration for having worked on any day of weekly or public leave.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 42: Substitute leave:
Subsection (2)
(1) A labour who is involved in a work that must not be stopped Any labour who has been engaged in work on a day of weekly or public leave shall be provided with the substitute leave within twenty-one days of the date of engagement in work.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 43: Home leave:
(1) Every labour shall get paid home leave at the rate of one day for twenty days of the period he or she has worked.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 43: Home leave:
Subsection (2)
(1) Every labour shall get paid home leave at the rate of one day for A labour who is employed in an educational institution or who gets summer or winter leave shall not get home leave. www.lawcommission.gov.np Provided that where such leave is lesser than the period of home leave, the labour shall get home leave for such number of days as is so lesser.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 44: Sick leave:
(1) A labour shall get paid sick leave of twelve days a year. Provided that a labour who work for a period of one year or lesser than one year shall get the sick leave proportionately.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 44: Sick leave:
Subsection (2)
(1) A labour shall get paid sick leave of twelve days a year. A labour who seeks the sick leave for more than three consecutive days shall submit a certificate on his or her medical check-up by a recognized doctor.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 44: Sick leave:
Subsection (3)
(1) A labour shall get paid sick leave of twelve days a year. Where a labour has to take leave because of sudden illness, the labour shall inform the employer or the person specified by the employer through the fastest means to the extent available.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
(1) A pregnant female labour shall get a maternity leave of a total of fourteen weeks before or after delivery.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (2)
(1) A pregnant female labour shall get a maternity leave of a A pregnant labour shall compulsorily take leave from at least two weeks before the expected date of delivery to at least six weeks after the date of delivery.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (3)
(1) A pregnant female labour shall get a maternity leave of a A female labour who takes the maternity leave referred to in subsection (1) shall get full remuneration for sixty days and shall not get remuneration for the remaining period.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (4)
(1) A pregnant female labour shall get a maternity leave of a Where a recognized medical doctor recommends that the female labour who has delivered a baby needs further rest for her or her baby’s health, the employer shall approve unpaid leave of up to one month in addition to the period referred to in sub-section (1) or sanction such leave to be adjusted with other leave, in continuity with the maternity leave.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (5)
(1) A pregnant female labour shall get a maternity leave of a Where a female labour in a state of seven months’ pregnancy or more than seven months gives birth to a deceased child or suffers miscarriage, she shall get leave as if she made normal delivery.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (6)
(1) A pregnant female labour shall get a maternity leave of a Where the mother dies before the completion of sixty days of the birth of her child, the labour whose wife has so died may take paid leave for the remaining period for the care of the child from the employer for whom he is working.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 45: Maternity leave:
Subsection (7)
(1) A pregnant female labour shall get a maternity leave of a If a male labour’s wife is going to deliver a baby, he shall get paid maternity care leave for a period of fifteen days. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 46: Birth registration certificate to be submitted: Except where a newly born child
dies, a female worker who is on maternity leave shall submit a copy of such birth registration certificate as prescribed to the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 47: Remuneration need not be paid: Notwithstanding anything contained elsewhere
in this Chapter, where a provision is made that a female labour is to receive remuneration for the period of maternity leave from the Social Security Fund, the employer shall not be required to pay, to that extent, the remuneration referred to in this Chapter to the labour for such a period of leave.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 48: Mourning leave:
(1) Where a labour himself or herself has to mourn according to his or her religion or because her husband or his wife dies or a married female worker has to mourn on the death of her father or mother or father-in-law or mother-in-law, such a labour shall get a mourning leave of thirteen days.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 48: Mourning leave:
Subsection (2)
(1) Where a labour himself or herself has to mourn according to The labour who goes on the mourning leave referred to in subsection (1) shall get full remuneration.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 49: Accumulation of leave:
(1) A labour is entitled to accumulate the home leave and the sick leave for up to ninety days and forty-five days, respectively.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 49: Accumulation of leave:
Subsection (2)
(1) A labour is entitled to accumulate the home leave and Where a labour is relieved of the service for any reason or dies, he or she or such family member of him or her as prescribed shall get the lump sum amount to be set by the last basic remuneration being drawn by him or her for his or her accumulated home leave and sick leave.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 49: Accumulation of leave:
Subsection (3)
(1) A labour is entitled to accumulate the home leave and A labour whose accumulated leave exceeds the period specified in sub-section (1) shall, at the end of each year, get the amount to be set by his or her basic remuneration for the leave of such excess period.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 50: Computation of year: A year shall, for the purpose of leave, be computed on the
following basis: (a) Where it is determined by law, it shall be in accordance with such law, (b) Where it is determined by the regulatory body, it shall be in accordance with such provision, (c) Where it is not determined pursuant to clause (a) or (b), it shall be as set out in the employment contract, (d) Where it is not determined as set forth in clauses (a), (b) and (c), it shall be in accordance with the financial year of the Government of Nepal. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 51: Leave not as a matter of right:
(1) All leaves except the sick leave, mourning leave and maternity leave which the labour is entitled to pursuant to this Chapter are only facility and cannot be claimed as a matter of right.
The Labour Act, 2017 (2074),NEPAL
Chapter-9: Provisions Relating to Leave
Section 51: Leave not as a matter of right:
Subsection (2)
(1) All leaves except the sick leave, mourning In the case of leaves other than that mentioned in sub-section (1), the employer may, for the reason to be specified, refuse, withhold, deduct or alter the time of the approved leave, on the basis of the need of the work at the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
(1) The employer shall deduct ten percent of the basic remuneration of each labour, add cent percent to that amount and deposit the total amount for the purpose of provident fund.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
Subsection (2)
(1) The employer shall deduct ten percent of The employer shall deposit the amount referred to in sub-section (1) in the Social Security Fund in the name of the concerned labour, with effect from the date on which he or she started to work.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
Subsection (3)
(1) The employer shall deduct ten percent of Notwithstanding anything contained in the sub-section (2), the employer shall, in the following circumstance, deposit such provident fund amount as prescribed: (a) Until the Social Security Fund is established and comes into operation, or (b) Until the law relating to the Social Security Fund becomes applicable to the concerned employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
Subsection (4)
(1) The employer shall deduct ten percent of In the case of a labour for whom the amount for provident fund was not contributed before the commencement of this Act, the employer shall contribute the amount for provident fund from the date of the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
Subsection (5)
(1) The employer shall deduct ten percent of The amount for the provident fund deposited in the retirement fund or any other similar fund established under the laws in force at the time of the commencement of this Act or held in the custody of the employer shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 52: Contribution for provident fund:
Subsection (6)
(1) The employer shall deduct ten percent of Notwithstanding anything contained elsewhere in this Section, the employer shall make payment of an additional amount equivalent to ten percent of www.lawcommission.gov.np the basic remuneration of such a labour if the amount for the provident fund cannot be deposited pursuant to Section (2) or (3) for any reason.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
(1) The employer shall deduct an amount equivalent to eight point three and three (8.33) percent of the basic remuneration of each labour each month and deposit it for the purpose of gratuity.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (2)
(1) The employer shall deduct an amount equivalent to eight The amount referred to in sub-section (1) shall be deposited in the Social Security Fund in the name of the concerned labour with effect from the date on which such a labour begins to work.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (3)
(1) The employer shall deduct an amount equivalent to eight Notwithstanding anything contained in sub-section (2), the employer shall, in the following circumstance, deposit such amount of gratuity as prescribed: (a) Until the Social Security Fund is established and comes into operation, or (b) Until the law relating to the Social Security Fund is applicable to the concerned employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (4)
(1) The employer shall deduct an amount equivalent to eight The employer shall provide the gratuity referred to in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (1)
(1) The employer shall deduct an amount equivalent to eight from the date of the commencement of this Act in the case of a labour whom the gratuity is not required to be paid to before the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (5)
(1) The employer shall deduct an amount equivalent to eight The amount for gratuity deposited in the retirement fund or any other similar fund established under the laws in force at the time of the commencement of this Act or held in the custody of the employer shall be transferred to the Social Security Fund as prescribed after the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (6)
(1) The employer shall deduct an amount equivalent to eight Notwithstanding anything contained elsewhere in this Section, the employer shall pay to a labour an additional amount equivalent to eight point three and three (8.33) percent of the basic remuneration of such a labour if the amount for gratuity cannot be deposited for any reason pursuant to sub-section (2) or (3).
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 53: To receive gratuity:
Subsection (7)
(1) The employer shall deduct an amount equivalent to eight Any labour who is entitled to pension shall not get the gratuity referred to in this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 54: Medical insurance to be made:
(1) The employer shall procure make an annual medical insurance of at least one hundred thousand rupees for each labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 54: Medical insurance to be made:
Subsection (2)
(1) The employer shall procure make an annual The premium required for the medical insurance referred to in subsection (1) shall be borne by both the employer and the labour on pro rata basis. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 55: Accidental insurance to be made:
(1) The employer shall procure accidental insurance of at least seven hundred thousand rupees covering all kinds of accidents for each labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 55: Accidental insurance to be made:
Subsection (2)
(1) The employer shall procure accidental The whole premium required for the accidental insurance referred to in sub-section (1) shall be borne by the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 55: Accidental insurance to be made:
Subsection (3)
(1) The employer shall procure accidental If a labour dies or gets completely incapacitated mentally or physically as a result of an accident, such a labour or his or her legal heir under the prevailing law shall get for compensation the cent percent of the amount of insurance referred to in sub-section (1).
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 55: Accidental insurance to be made:
Subsection (4)
(1) The employer shall procure accidental If a labour gets injured or incapacitated in an accident, he or she shall get compensation on the basis of the percentage of incapacitation as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 56: Amount to be paid by the employer: Where a labour or his or her dependent heir
is not able to obtain the amount of insurance because of the failure of the employer to procure insurance referred to in this Chapter or any recklessness or error made in the making of insurance, the employer shall pay an amount equivalent to the insurance to such a labour or dependent heir. \
The Labour Act, 2017 (2074),NEPAL
Chapter-10: Provisions Relating to Provident Fund, Gratuity and Insurance
Section 57: Social security scheme to be applicable: Any employer or labour who so makes
contribution in the social security scheme as to be entitled to the benefits including the provident fund, gratuity and medical insurance pursuant to the law relating to the Social Security Fund shall not be required to make additional contribution or insurance under this Chapter, to the extent of such contribution.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 58: Labours may be employed through supplier:
(1) The Ministry shall, on recommendation of the Council, publish a list of works in which labours may be employed through labour suppliers, by publishing a notification in the Nepal Gazette.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 58: Labours may be employed through supplier:
Subsection (2)
(1) The Ministry shall, on While employing a labour through a labour supplier pursuant to subsection (1), the employer shall employ him or her in any work other than the core work of the business or service.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 58: Labours may be employed through supplier:
Subsection (3)
(1) The Ministry shall, on While inviting or submitting any kind of proposal or tender for the purpose of supplying or causing to supply a labour through a labour supplier or www.lawcommission.gov.np entering into an agreement for the supply of labour, such proposal or tender or agreement shall be invited or submitted or entered into so that the remuneration and other benefits of the labour to be supplied shall not be less than that specified in this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 58: Labours may be employed through supplier:
Subsection (4)
(1) The Ministry shall, on Any proposal or tender invited or submitted or agreement entered into contrary to sub-section (3) shall ipso facto be invalid. Explanation: For the purpose of this Section, "core work" means the work mentioned while establishing the business and work directly related thereto.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 59: License to be obtained:
(1) A company that wishes to supply labours shall obtain a license pursuant to this Act. Explanation: For the purpose of this Chapter, "company" means any company incorporated in accordance with law.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 59: License to be obtained:
Subsection (2)
(1) A company that wishes to supply labours shall obtain A company that wishes to obtain a license shall make an application in the prescribed format, accompanied by such fees, details and documents as prescribed, to the Office of the concerned area. Provided that a company that wishes to supply labours in an area with more than one Offices shall make an application in the prescribed format, accompanied by such fees, details and documents as prescribed, to the Department in order to obtain the license.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 59: License to be obtained:
Subsection (3)
(1) A company that wishes to supply labours shall obtain If the content of an application received pursuant to sub-section (2) seems to be reasonable upon its examination, the Department or Office shall, by taking such a deposit or bank guarantee as prescribed, issue the license to such an applicant on such conditions and in such a format as prescribed not later than fifteen days.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 59: License to be obtained:
Subsection (4)
(1) A company that wishes to supply labours shall obtain While issuing a license pursuant to sub-section (3), the work or service and scope of work relating to the supply of labours shall be mentioned in such a license. Provided that the same company shall not be allowed to supply labours for more than two works or services.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 59: License to be obtained:
Subsection (5)
(1) A company that wishes to supply labours shall obtain Any organization or person carrying out labour supply related business at the time of commencement of this Act shall, not later than six months from the date of commencement of this Act, incorporate a company carrying out the business of supplying labours in accordance with the prevailing company law and obtain the license pursuant to this Section. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 60: Submission of details by licensee: A licensee who has obtained a license from
the Office shall submit to the Office, and a licensee who has obtained a license from the Department shall submit to the Department, such details as prescribed before the last day of the month of Poush (mid January) each year.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 61: Obligations of labour supplier:
(1) The labour supplier shall not perform acts and actions contrary to the conditions or directions as prescribed under this Act or the rules framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 61: Obligations of labour supplier:
Subsection (2)
(1) The labour supplier shall not perform acts The labour supplier shall, in the capacity of the employer referred to in this Act, provide such remuneration and other benefits regularly to the labour it supplies as may not be less than that determined under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 61: Obligations of labour supplier:
Subsection (3)
(1) The labour supplier shall not perform acts The labour supplier shall regularly obtain information as to whether or not the main employer has taken or made such measures and provisions or arrangements as required to be taken or made in the workplace for occupational safety and health of the labour, and recommend for making such arrangements immediately if it is found that such arrangements have not been made.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 61: Obligations of labour supplier:
Subsection (4)
(1) The labour supplier shall not perform acts Where it is found that the main employer has not implemented the recommendation referred to in sub-section (3), the labour supplier shall give information thereof to the Department or concerned Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 62: Revocation, suspension of license or fine:
(1) The Department or Office issuing the license may revoke the licence of a labour supplier in the following circumstance: (a) If the labour supplier makes an application in writing for the revocation of his or her license, or (b) If, in spite of the fine imposed pursuant to sub-section (6), the labour supplier continues to violate the conditions specified or directions issued pursuant to this Act or 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 (2)
(1) The Department or Office issuing Prior to the revocation of a license pursuant to clause (b) of subsection (1), the concerned labour supplier shall be provided with an opportunity of at least seven days to furnish his or her explanation.
The Labour Act, 2017 (2074),NEPAL
Chapter-11: Provisions Relating to Supply of Labours
Section 62: Revocation, suspension of license or fine:
Subsection (3)
(1) The Department or Office issuing A notice on the decision made to revoke the license pursuant to this Section shall be published publicly.