yamraj047/nepali-legal-rag-data huggingface dataset:
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (7)
(1) Where mediation does not In conducting the proceeding referred to in this Section, the arbitrator may consult or discuss with any expert.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (8)
(1) Where mediation does not Hearing shall be conducted at such date, time and place specified by the arbitrator, and the arbitration proceeding shall not sojourn for the sole reason that any party has remained absent or counter-claim has not been submitted.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (9)
(1) Where mediation does not The arbitrator shall make award not later than thirty days from the date of completion of the hearing pursuant to sub-section (8).
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (10)
(1) Where mediation does not The arbitrator may exercise such powers as the court has under the prevailing laws in relation to the matters including examining the evidence, taking depositions of witnesses, making on-site inspections, in connection with the proceeding.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (11)
(1) Where mediation does not Except as otherwise provided for in the agreement by the parties, other provisions relating to the arbitral proceeding shall be as determined by the arbitrator.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 120: Power to form labour arbitration tribunal:
(1) The Government of Nepal may form an independent labour arbitration tribunal for having mediation and arbitration with regard to the collective dispute.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 120: Power to form labour arbitration tribunal:
Subsection (2)
(1) The Government of Nepal may Where a labour arbitration tribunal is formed pursuant to subsection (1), the labour arbitration tribunal shall conduct the mediation and arbitration proceedings referred to in this Chapter. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 120: Power to form labour arbitration tribunal:
Subsection (3)
(1) The Government of Nepal may Other provisions relating to the labour arbitration tribunal shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 121: Right to strike for settlement of collective disputes:
(1) The collective bargaining committee may, if any of the following circumstances exists, organize a strike for the settlement of any collective dispute: (a) If there exists no circumstance requiring compulsory arbitration pursuant to sub-section (1) of Section 119, (b) If the arbitrator fails to perform the arbitral functions, (c) If an arbitration panel could not be formed within twenty-one days from the date of application to the Ministry or decision is not made requiring arbitration, (d) If award is not given by the arbitrator within the prescribed time, (e) If the employer refuses to enforce the arbitral award or challenges such an award on legal grounds, (f) If, except where compulsory arbitration is to be made, any party disagrees with the arbitral award pursuant to sub-section (2) of Section 122.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 121: Right to strike for settlement of collective disputes:
Subsection (2)
(1) The collective In order to make a strike pursuant to sub-section (1), a written notice along with the claims, demands, and also specifying the date from which the strike is to commence shall be submitted to the employer in advance of thirty days, and information thereof shall also be given to the local administration and the concerned Labour Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 121: Right to strike for settlement of collective disputes:
Subsection (3)
(1) The collective Notwithstanding anything contained elsewhere in this Act, if the Ministry gives an order for the settlement of the dispute through arbitration pursuant to sub-section (2) of Section 119 after the notice on strike is given or the strike is commenced pursuant to sub-section (2), they shall postpone such a strike and participate in the arbitral process.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 121: Right to strike for settlement of collective disputes:
Subsection (4)
(1) The collective Notwithstanding anything contained elsewhere in this Act, the labours deputed as sentries and guards for the security of the enterprise shall not be allowed to participate in the strike and do any act referred to in Section 125 during the time when they are assigned on duty.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 122: Arbitral award and collective agreement to be binding:
(1) If any collective dispute is settled through compulsory arbitration pursuant to sub-section (1) of Section 119, the arbitral award shall be binding on the concerned parties. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 122: Arbitral award and collective agreement to be binding:
Subsection (2)
(1) If any collective If any party to any dispute referred to arbitration in pursuance of the order by the Ministry pursuant to sub-section (2) of Section 119 who is not satisfied with the arbitral award on the dispute fails to node down disagreement in writing to the arbitrator not later than five working days from the date of the award, such an award shall also ipso facto be binding on the concerned party after the expiration of that period.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 122: Arbitral award and collective agreement to be binding:
Subsection (3)
(1) If any collective The collective agreement and arbitral award need to be registered in the Office for record and enforcement thereof.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 122: Arbitral award and collective agreement to be binding:
Subsection (4)
(1) If any collective The collective agreement shall remain valid for two years from the date of its entry into force, if any, specified in the agreement itself and, failing the specification of such a date, from the date of signing of the agreement and from the date of the arbitral award, if any, made, and shall be valid as of law.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 122: Arbitral award and collective agreement to be binding:
Subsection (5)
(1) If any collective Notwithstanding anything contained in sub-section (4), the provisions in the collective agreement or arbitral award shall continue to apply unless and until it is amended or repealed by another collective agreement or arbitral award.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 123: Special provisions relating to the submission of collective claims, demands
Subsection (1)
Trade union associations which are active in the tea estate, carpet sector, construction business, labour provider, transportation sector or any other group of manufacturers producing similar nature of goods or service providers providing similar nature of service or business as prescribed may form a collective bargaining committee as prescribed and submit collective bargaining claims, demands to the employers' association of the concerned group of industries.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 123: Special provisions relating to the submission of collective claims, demands
Subsection (2)
The manner of submitting claims, demands referred to in subsection (1), procedure relating to collective bargaining and provisions relating to the agreement shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 123: Special provisions relating to the submission of collective claims, demands
Subsection (3)
In the case of the enterprise to which the collective agreement referred to in this Section is applicable, no collective claims, demands and agreement may be submitted and made pursuant to this Chapter.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 123: Special provisions relating to the submission of collective claims, demands
Subsection (4)
Notwithstanding anything contained in sub-section (4) of Section 122, the Ministry may issue an order that collective claims, demands and negotiations should be submitted and held within a specified time. In the event of issuance of such an order, it may happen earlier or later than the time specified in the same sub-section of the same Section. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
(1) Where a strike is organized or continued without giving a notice pursuant to this Act or the collective dispute could not be settled through the procedure referred to in this Act, the management may, by giving justifiable grounds, lock out the enterprise by obtaining approval of the Department.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
Subsection (2)
(1) Where a strike is organized or continued without giving a Before making a lock-out pursuant to sub-section (1), the manager shall issue a notice in advance of at least seven days, also specifying the date of lock-out, for information to the labours that if the strike is not ended the lock-out will be made.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
Subsection (3)
(1) Where a strike is organized or continued without giving a Notwithstanding anything contained in sub-sections (1) and (2), where there is a possibility of causing loss to the enterprise because of gherao, riot, physical unrest etc. by the labours during the period of strike, the management may lock out the enterprise. If the lock-out is so made, information along with the justification for making such lock-out shall be given to the Office or Department and the local administration not later than three days.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
Subsection (4)
(1) Where a strike is organized or continued without giving a On receipt of the notice pursuant to sub-section (3), the local administration shall immediately make necessary security arrangement in such a workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
Subsection (5)
(1) Where a strike is organized or continued without giving a The Department may at any time declare the lock-out of any enterprise illegal in case it appears to be unjustifiable or it is likely to disturb the peace and security of the country or it is contrary to the economic interest of the country.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 124: Right to lock-outs:
Subsection (6)
(1) Where a strike is organized or continued without giving a Notwithstanding anything contained elsewhere in this Section, no lock-out may be made in an enterprise that operates any essential service.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 125: Picketing or assembly may be made:
(1) With the objective of exerting pressure to have fulfilled the demands when the strike or lock-out is continuing, the labours may picket or assemble at the main entrance of the workplace or enterprise peacefully.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 125: Picketing or assembly may be made:
Subsection (2)
(1) With the objective of exerting pressure In any circumstance other than the circumstance where strike or lockout, they may picket or assemble before or after the working hours or during the rest time without disturbing the work of the workplace or enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 125: Picketing or assembly may be made:
Subsection (3)
(1) With the objective of exerting pressure Even in cases where picketing or assembly is made pursuant to subsection (1), the labours may not do any act and action such as prohibiting others from entering or leaving the workplace or enterprise or causing any loss or damage to the workplace. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 126: Employment contract not to be violated: No labour shall be deemed to have
violated the employment contract by the reason that he or she has made a strike, lock-out or picketing or made a complaint in accordance with the law, and during that period, the employment contract shall be deemed to continue to be effective.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 127: Remuneration for strike or lock-out period:
(1) Any labour who makes a strike in a manner to be contrary to the prevailing law shall not be entitled to any remuneration for the period of such a strike.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 127: Remuneration for strike or lock-out period:
Subsection (2)
(1) Any labour who makes a strike Labours shall be entitled to full remuneration for the period of lockout if such lock-out is made by the employer in a manner to be contrary to the prevailing law.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 127: Remuneration for strike or lock-out period:
Subsection (3)
(1) Any labour who makes a strike If the collective agreement contains any agreement in relation to the remuneration, the matter shall be governed accordingly; and failing such agreement to that effect, the labour shall get half the remuneration for the period of strike or lock-out made in fulfilment of the procedure of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 127: Remuneration for strike or lock-out period:
Subsection (4)
(1) Any labour who makes a strike If there arises any dispute as to whether any strike or lockout made in an enterprise is contrary to law or not, the Department shall conduct necessary inquiry and make decision not later than thirty-five days.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 128: Prohibition on filing of case against loss:
(1) Where any financial loss is caused to the employer or labour because of a strike, picketing or lock-out made in fulfilment of the procedures referred to in this Act, no case may be filed in any court against any labour, collective bargaining committee, trade union or employer involved in such a strike, picketing or lock-out in relation to such a loss.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 128: Prohibition on filing of case against loss:
Subsection (2)
(1) Where any financial loss is caused Notwithstanding anything contained in sub-section (1), if any person or group makes destruction or arson in the workplace or destruction of any property in any other manner or causes physical damage, the amount equivalent to the loss, damage may be recovered from such a person or group.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 129: Collective bargaining or agreement to be made in good faith:
(1) The trade union or collective bargaining committee or employer shall, in making a collective bargaining or collective agreement, do so in good faith.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 129: Collective bargaining or agreement to be made in good faith:
Subsection (2)
(1) The trade Other provisions relating to the collective bargaining or agreement shall be as prescribed. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 130: Observance of discipline and duties: It shall be the duty of each labour to
observe discipline and fulfil duties referred to in this Act or the rules framed under this Act or the by-law.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 131: Misconduct and punishment:
(1) If a labour commits the following misconduct, he or she may be reprimanded: (a) To remain absent from the work without having a leave sanctioned, (b) To leave the workplace without obtaining permission of the management, (c) To appear late in work frequently without obtaining permission, (d) To disobey any order given in relation to the work by the employer or any employee superior in level to him or her, (e) To commit such other misconduct as specified in the bye-law.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 131: Misconduct and punishment:
Subsection (2)
(1) If a labour commits the following misconduct, In the event of commission of any of the following misconducts, remuneration equal to a maximum of one day may be deducted: (a) To refuse to receive any letter or notice given by the employer or sentencing authority, (b) To take part in an illegal strike or force others to do so or make delay or slow in work collectively, (c) To cause loss or damage to the enterprise by decreasing the production or service recklessly or negligently, (d) To make attempt to take benefits by submitting false documents, (e) To not use the equipment provided by the employer if he or she is a labour responsible for using such equipment, (f) To commit such other misconduct of similar nature as specified in the bye-law.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 131: Misconduct and punishment:
Subsection (3)
(1) If a labour commits the following misconduct, In the event of commission of any of the following misconducts, annual salary increment of one year may be withheld or promotion withheld for one year: (a) To take any property outside the enterprise without the permission of the competent person and use it or allow it to be used by any unauthorized person, www.lawcommission.gov.np (b) To make attempt to make embezzlement in the employer’s transaction, (c) To damage the employer’s property recklessly or negligently, (d) To stop the supply of food, water, telephone, electricity service or prevent movement within the workplace, (e) To intentionally misuse, or cause loss or damage to any goods kept or provisions made for the benefit, safety or health of the labours, (f) To commit such other misconduct of similar nature as specified in the by-law.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 131: Misconduct and punishment:
Subsection (4)
(1) If a labour commits the following misconduct, A labour may be dismissed from the service if he or she commits any of the following misconducts: (a) To batter or cause bodily injury to, or take hostage the employer, any labour, customer or any person concerned with the workplace with or without the use of arms or weapon, or cause unrest or destruction in the area of the enterprise, (b) To take or give a bribe, (c) To steal any one’s property in the workplace, (d) To make financial misappropriation in the enterprise, (e) To intentionally cause damage to any property that belongs to or is in the custody or use of the employer, (f) To remain absent from the work for more than thirty consecutive days without having a leave sanctioned, (g) To do any act of divulging secrecy of any production technology related formula or confidential information of the enterprise or workplace where he or she is working with the intention of causing loss or damage to such an enterprise, (h) To act in collaboration with a competitive employer in the similar nature of business of the enterprise or carry on any competitive business on his or her own or provide any secret information of the enterprise where he or she is employed to any competitive employer, (i) To get convicted by the court of any criminal offense involving moral turpitude during the period of employment, (j) To make and submit any fake educational certificate and other certificate for the purpose of appointment, www.lawcommission.gov.np (k) To consume narcotic substance or liquor during the working hours or come to the workplace upon consuming the same, (l) To get punished for more than two times for the misconduct pursuant to sub-sections (1), (2) and (3) within a period of three years, (m) To commit any misconduct if the prevailing law provides for the dismissal from service in the case of commission of such misconduct.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 132: Prohibition of sexual harassment:
(1) No person shall commit, or cause to be committed, any such act, with the exertion of undue influence, as considered to be sexual harassment under the law in the workplace or in the course of work.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 132: Prohibition of sexual harassment:
Subsection (2)
(1) No person shall commit, or cause to be The employer may, depending on the condition and gravity of the act, impose punishment to the extent of even dismissal from the service on the labour who commits sexual harassment.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 132: Prohibition of sexual harassment:
Subsection (3)
(1) No person shall commit, or cause to be Where the employer or chief executive of any enterprise commits sexual harassment, the trade union, victim or any member of his or her family may file a complaint in accordance with the law.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 133: Provisions relating to misconduct may be made in the bye-law:
(1) Where specific punishment for specific type of misconduct has been prescribed by the respective regulatory bodies regulating banks or financial institutions, schools, telecom service providers, hospitals, air services, insurance services or enterprises of specific nature, provisions may be made in the bye-laws accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 133: Provisions relating to misconduct may be made in the bye-law:
Subsection (2)
(1) Where Provisions may be made in the bye-law of an enterprise for dismissal from the service as per the collective agreement or with the approval of the Department in the event of commission of misconduct of a serious nature.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
(1) Where any labour is detained in accordance with law, such a labour shall ipso facto be suspended during that period and shall not be entitled to remuneration for that period. Provided that if a labour who is detained upon a complaint filed by the employer himself or herself is proved to be innocent, he or she shall be entitled to the full remuneration for that period.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
Subsection (2)
(1) Where any labour is detained in accordance with law, such Except in the cases referred to in sub-section (1), if it does not appear appropriate to keep on engaging in work a labour for whom the punishment referred to in sub-section (4) of Section 131 has been proposed or if there is a www.lawcommission.gov.np possibility that he or she may destroy the evidence relating to the charge made against him or her or obstruct the investigation, the employer may suspend such a labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
Subsection (3)
(1) Where any labour is detained in accordance with law, such While suspending any labour pursuant to sub-section (2), he or she may not be suspended generally for more than three months. Provided that the period of suspension may be extended by a maximum of one month if the investigation is not completed.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
Subsection (4)
(1) Where any labour is detained in accordance with law, such The labour shall be entitled to half the remuneration during the period of suspension referred to in sub-section (2).
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
Subsection (5)
(1) Where any labour is detained in accordance with law, such Where a labour who has been suspended pursuant to sub-section (2) is acquitted of the allegation made against him or her, he or she shall be entitled to all such remuneration, and increment in salary if any, receivable by him or her that remains after deducting the amount of remuneration which he or she has received during the period of suspension.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 134: Power to suspend:
Subsection (6)
(1) Where any labour is detained in accordance with law, such Except where any labour is held in detention upon first information report or complaint by the employer himself or herself, the employer may terminate the service of such a labour if the period of suspension referred to in sub-section (1) exceeds ninety days. The opportunity hearing need not be given to the concerned labour while so terminating the service.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 135: Opportunity to be given to submit clarification: Prior to imposing  punishment
on any labour for misconduct, the authority imposing punishment shall provide such a labour with a notice giving opportunity to submit clarification within a period of seven days, and such a notice shall clearly state also the facts of commission of the misconduct and possible punishment imposable if it is proved.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 136: Authority imposing punishment:
(1) The power to impose punishment for misconduct shall be vested in its chief executive in the case of an enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 136: Authority imposing punishment:
Subsection (2)
(1) The power to impose punishment for Notwithstanding anything contained in sub-section (1), if the byelaw empowers any managerial level labour to take final decision concerning the punishment imposable for any misconduct, such an authority shall have power to investigate and impose punishment.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 137: Period for taking decision:
(1) Where any labour is found to have committed misconduct, it is necessary to commence action within two months from the date of knowledge of the commission of such misconduct. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 137: Period for taking decision:
Subsection (2)
(1) Where any labour is found to have committed A decision shall be taken within three months from the date of commencement of the action pursuant to sub-section (1).
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 138: Punishment may be remitted:
(1) Nothing contained in this Chapter shall be deemed to bar the imposing of lesser punishment on any labour by proposing higher punishment.
The Labour Act, 2017 (2074),NEPAL
Chapter-20: Provisions Relating to Conduct and Punishment
Section 138: Punishment may be remitted:
Subsection (2)
(1) Nothing contained in this Chapter shall be Where any enterprise has made a bye-law providing for lesser punishment than that imposable under this Chapter, the provision of the bye-law shall apply to the labours of such an enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 139: Security of employment:
(1) Employment of any labour shall not be terminated in any condition except in accordance with this Act and the rules or bye-law framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 139: Security of employment:
Subsection (2)
(1) Employment of any labour shall not be terminated Proper and sufficient reason shall be given when terminating the employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 140: Termination of time-based and work-based employment: Employment of a
labour engaged in a time-based or work-based employment shall be terminated in the following circumstance: (a) After the expiry of the time specified in the employment contract, in the case of the labour engaged in the time-based employment, Provided that if the labour is in project-based employment and the period is extended or the period for the completion of such a work is extended on the basis of the nature of the work, the employment shall not terminate until that period. (b) After the completion of the work specified in the employment contract in the case of a labour who is in work-based employment, or Provided that if the labour is in project-based employment and the work is added or the period for the completion of such a work is extended on the basis of the nature of the work, the employment shall not terminate until that work remains. (c) In the case of a labour in casual employment, at the will of the employer or labour. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 141: Employment may be terminated voluntarily:
(1) Any labour may, by submitting resignation in writing to the employer, terminate the employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 141: Employment may be terminated voluntarily:
Subsection (2)
(1) Any labour may, by submitting The employer shall accept the resignation submitted pursuant to sub-section (1) within fifteen days and give information thereof to the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 141: Employment may be terminated voluntarily:
Subsection (3)
(1) Any labour may, by submitting Where the employer does not accept the resignation within the timelimit referred to in sub-section (2), such resignation shall be deemed to have been accepted ipso facto from the day following the day on which the time-limit expires.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 141: Employment may be terminated voluntarily:
Subsection (4)
(1) Any labour may, by submitting Notwithstanding anything contained elsewhere in this Section, the resignation submitted by a labour may be cancelled through mutual consent between the employer and the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 141: Employment may be terminated voluntarily:
Subsection (5)
(1) Any labour may, by submitting If the labour continues working in the same enterprise even after the day on which his or her resignation is accepted and becomes effective, his or her resignation shall be deemed to have been cancelled.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 142: Employment may be terminated on the ground of incompetence:
(1) If, while evaluating the work performance of any labour pursuant to the provisions set forth in this Act or the rules and bye-law framed under this Act, the work performance of such a labour is found unsatisfactory or poor for three or more than three consecutive years, the employer may terminate the employment of such a labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 142: Employment may be terminated on the ground of incompetence:
Subsection (2)
(1) If, while Prior to terminating the employment pursuant to sub-section (1), the work performance evaluation must have been made as set forth in this Act or the rules and bye-law framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 142: Employment may be terminated on the ground of incompetence:
Subsection (3)
(1) If, while Prior to terminating the employment of any labour pursuant to this Section, the employer of any enterprise employing ten or more labours shall give a period of at least seven days to the concerned labour for clarification.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 143: Employment may be terminated on the ground of health:
(1) Where any labour becomes incapable of working as a result of physical or mental incapacitation or grievous hurt or injury or it affects the work because of a long time required for medical treatment, the employer may, on the basis of recommendation by a medical doctor, terminate the employment of such a labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 143: Employment may be terminated on the ground of health:
Subsection (2)
(1) Where any labour Notwithstanding anything contained in sub-section (1), the employment of any labour may not be terminated during the period he or she is undergoing treatment in a hospital because of any accident or occupational disease while performing the work specified by the employer or until one year from the date of commencement of his or her treatment at home if he or she is undergoing www.lawcommission.gov.np treatment at home, and the employer shall provide full remuneration during such a period. Provided that the employer shall not be required to provide remuneration if the labour is entitled to receive the remuneration facility from the Social Security Fund for the period of treatment.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 143: Employment may be terminated on the ground of health:
Subsection (3)
(1) Where any labour In the case of a labour who is not able to attend the work of the enterprise on the ground of medical treatment in the circumstance other than that set forth in sub-section (2), the employment of such a labour may not be terminated until six months. Provided that this sub-section shall not be deemed to bar the removal from the service prior to that period if there is a clear recommendation by a medical doctor to the effect that the labour cannot return to the work.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 143: Employment may be terminated on the ground of health:
Subsection (4)
(1) Where any labour Notwithstanding anything contained in sub-section (1), in cases where the labour who is physically incapacitated or has sustained grievous hurt or injury can be engaged in any work suitable to the condition of his or her health, the employer shall engage such a labour in work.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 144: Notice to be given:
(1) Prior to terminating the employment relation in any circumstance except when employment is terminated upon action taken for misconduct, the employer or labour shall give a notice as follows to each other: (a) Prior to at least one day, in the case of employment for a maximum of four weeks, (b) Prior to at least seven days, in the case of employment for a period of four weeks to one year, and (c) Prior to at least thirty days, in the case of employment for a period of more than one year.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 144: Notice to be given:
Subsection (2)
(1) Prior to terminating the employment relation in any Where the employer terminates employment without giving the notice referred to in sub-section (1), the employer shall pay the amount equal to the remuneration for the period requiring the notice to be given to the concerned labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 144: Notice to be given:
Subsection (3)
(1) Prior to terminating the employment relation in any Where the labour terminates employment without giving a notice to the employer pursuant to sub-section (1), the employer may deduct the amount equal to the remuneration for the period requiring the notice to be so given from the remuneration payable to the concerned labour. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
(1) Where an enterprise faces financial problems in its operation or the labours become redundant because of the merger of more than one enterprises or the enterprise needs to be closed down partially or completely because of any other reason, the employer may retrench the number of labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (2)
(1) Where an enterprise faces financial problems When retrenching the labours pursuant to sub-section (1), the employer shall, in advance of at least thirty days before the date for retrenchment, give a notice, setting out the reason requiring retrenchment, possible date for retrenchment and probable number of labours to be retrenched to the Office and the authorised trade union, if any, of the enterprise or in the absence of such a union, to any trade union which is active in the enterprise or the labour relation committee.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (3)
(1) Where an enterprise faces financial problems After giving the notice pursuant to sub Section (1), the employer shall hold discussion with the concerned trade union or the labour relation committee on the matters concerning the alternatives to the retrenchment of labours and the grounds and conditions for the selection of the labours for retrenchment, and the labours may be retrenched as per the agreement reached upon the discussion.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (4)
(1) Where an enterprise faces financial problems Where the trade union or the labour relation committee does not want to hold discussion pursuant to sub-section (3) or no agreement is reached upon the discussion, the employer may, by giving information of that matter to the Office, retrench the labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (5)
(1) Where an enterprise faces financial problems While retrenching the labours pursuant to this Section, retrenchment shall be made generally in the following order: (a) foreign labours, (b) those labours who have been awarded more punishments comparatively for misconduct, (c) labours whose standard of work performance is rather weak, (d) labours who have been appointed at the last out of the labours engaged in the same type of work. Provided that if it is necessary to retrench the labours who were appointed earlier, instead of making retrenchment in the order so specified as to retrench those who have been www.lawcommission.gov.np appointed at the last, retrenchment may be made by setting out the reason for the same.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (6)
(1) Where an enterprise faces financial problems Notwithstanding anything contained in sub-section (5), except as otherwise agreed with the trade union, the office-bearers of the collective bargaining committee or the authorized trade union shall be retrenched last in the order of priority.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (7)
(1) Where an enterprise faces financial problems While retrenching the number of labours, the employer shall pay a lump sum amount to be set by calculating at the rate of one month’s basic remuneration for each year of his or her service as compensation to a labour who has completed the service period of at least one year. Provided that if the service period is less than one year, he or she shall get the compensation proportionately.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (8)
(1) Where an enterprise faces financial problems Notwithstanding anything contained in sub-section (7), the labour who is entitled to the unemployment allowance under the social security laws shall not receive the compensation pursuant to sub-section (7).
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (9)
(1) Where an enterprise faces financial problems Where any enterprise is required to close down the whole or any part of the enterprise in pursuance of the order of the Government of Nepal or Labour Court in accordance with law or any enterprise in the special economic zone is required to retrench its labours, the provisions of sub-sections (1), (2), (3) and (4) shall not be applicable.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 145: Retrenchment may be made:
Subsection (10)
(1) Where an enterprise faces financial problems Notwithstanding anything contained elsewhere in this Section, the provision contained in this Section shall not be applicable to any employer who employs ten or less than ten labours and makes retrenchment of labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 146: Resumption of operation:
(1) Where, for any reason, the retrenchment of its labours has been made but the enterprise resumes its operation within two years or needs to supply additional labours, the preference for employment shall be given to the labours retrenched pursuant to Section 145.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 146: Resumption of operation:
Subsection (2)
(1) Where, for any reason, the retrenchment of its Notwithstanding anything contained in sub-section (1), any other persons may be employed if the labour who has been retrenched fail to appear in spite of the notice given to him or her as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 146: Resumption of operation:
Subsection (3)
(1) Where, for any reason, the retrenchment of its Where the employer does not give notice or does not employ, the concerned labour may, not later than thirty-five days, make an application to the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 146: Resumption of operation:
Subsection (4)
(1) Where, for any reason, the retrenchment of its Other provisions relating to this matter shall be as prescribed. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 147: Compulsory retirement: Any labour who is in regular employment shall get
compulsory retirement after completing the age of fifty-eight years. Provided that if there is a need to make compulsory retirement at an age below the age of fifty-eight years for the work of a particular nature, provision to that effect may be made in the bye-law by obtaining approval from the Council as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 148: Payment of benefits:
(1) In the case of an employee of which employment is terminated because of misconduct or in any other manner whatsoever, the employer shall pay all amounts including the remuneration, benefits receivable by him or her at the time of such termination to the labour, not later than fifteen days of the termination of employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 148: Payment of benefits:
Subsection (2)
(1) In the case of an employee of which employment is The employer shall extend necessary assistance in the provision of such amount or benefits that is receivable by the labour from the Social Security Fund, insurance or other body.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 148: Payment of benefits:
Subsection (3)
(1) In the case of an employee of which employment is In the case of failure to pay such remuneration or benefits that is receivable by the labour within the period referred to in sub-section (1) or to extend assistance pursuant to sub-section (2),  remuneration shall be paid to such a labour until the amount is paid as if he or she were in the service.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 148: Payment of benefits:
Subsection (4)
(1) In the case of an employee of which employment is Where the labour does not appear to receive the remuneration or benefits, the employer may make payment to the labour’s account or deposit the same with the Office, directly.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 148: Payment of benefits:
Subsection (5)
(1) In the case of an employee of which employment is Other provisions relating to the deposit and payment of the amount referred to in sub-section (4) shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 149: Labours to get first priority: Notwithstanding anything contained in other
prevailing law, in case of closure or liquidation of any enterprise, the remuneration or other benefits due and payable to the labours shall be paid with first priority. Provided that where the insolvency law is applicable, it shall be dealt with accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-21: Provisions Relating to Termination of Employment
Section 150: To issue the certificate of experience: Where the labour whose employment has
been terminated requests for the certificate of experience, the employer shall give the certificate of work experience, stating, inter alia, the period of service and post of such a labour. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 151: www.lawcommission.gov.np
(x) "Labour" means a worker or employee or a person employed with any job title who performs a physical or intellectual work for the employer. (y) "Labour supplier" means a person or body having obtained the license pursuant to Chapter 11 to supply labours. (z) "Strike" means a situation where labours collectively refuse to perform their regular work partially or completely. Provided that a situation where labours are on leave or stopped the work as a result of the occurrence of an immediate danger or have become unable to attend or perform the work due to a situation beyond the control of labours shall not be considered as a strike.