yamraj047/nepali-legal-rag-data huggingface dataset:
The Labour Act, 2017 (2074),NEPAL
Chapter-14: Provisions Relating to Fair Labour Practice
Section 92: Deemed to be unfair labour practice:
Subsection (2)
(1) The employer and trade union shall not If any employer does any of the following acts, the employer shall be deemed to have committed the unfair labour practice: (a) Not to comply with the labour law or cause such non-compliance, (b) To restrict the exercise of any right conferred by the labour law, (c) To create knowingly a false evidence with intent to take action against any labour, (d) To commit any act with the sole intention to trouble or harass a labour knowingly, www.lawcommission.gov.np (e) To interfere or cause interference in the formation, operation and administrative functions of the trade union, (f) To continue the lock-out declared unlawful, (g) To assault or manhandle any labour, (h) To provoke or incite any labour with an intent to create enmity or animosity among the labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-14: Provisions Relating to Fair Labour Practice
Section 92: Deemed to be unfair labour practice:
Subsection (3)
(1) The employer and trade union shall not If the trade union commits any of the following acts, it shall be deemed to have committed the unfair labour practice: (a) To pressurize or threaten any labour to or not to become a member of any union, (b) To collect donation or assistance forcibly, (c) To picket or surround the employer’s private residence or other enterprise except the workplace or causing such picketing or surrounding, (d) To assault the employer or his or her representative or any labour or do any other illegal activity in order to have their demand fulfilled or causing such assault or activity, (e) To commit any act of damaging the employer’s property intentionally.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 93: Provisions relating to Office and inspectors:
(1) The Government of Nepal may, for the implementation of this Act and prevailing Nepal law on labour, establish such Labour Offices as may be required.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 93: Provisions relating to Office and inspectors:
Subsection (2)
(1) The Government of Nepal may, The districts which fall within the jurisdiction of the Labour Offices established pursuant to sub-section (1) shall be as specified by the Ministry.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 93: Provisions relating to Office and inspectors:
Subsection (3)
(1) The Government of Nepal may, The Government of Nepal may, by a notification in the Nepal Gazette, appoint one inspector or more than one inspectors for any area according to the need.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 94: Powers, functions and duties of the Office:
Subsection (2)
(1) The powers, functions and duties The Office may, if it appears necessary to obtain assistance of the local administration, police or any other body in exercising the power referred to in this Section, request the local administration, police or concerned body to render such assistance.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 94: Powers, functions and duties of the Office:
Subsection (3)
(1) The powers, functions and duties It shall be the duty of the local administration, police and concerned body to render such assistance to the Office if so requested pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 94: Powers, functions and duties of the Office:
Subsection (2)
(1) The powers, functions and duties .
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 95: Powers, functions and duties of inspector:
(1) Performance of such functions and duties and exercise of such powers as to be performed and exercised by the Office shall be made by the inspector and subordinate employee as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 95: Powers, functions and duties of inspector:
Subsection (2)
(1) Performance of such functions Notwithstanding anything contained in sub-section (1), if this Act or other law so mentions any function as to be performed by the occupational safety and health inspector himself or herself, the occupational safety and health www.lawcommission.gov.np inspector shall have the power to perform for and on behalf of the Office such function or inspection of the machineries and tools of the factor, occupational safety and health related function and other technical function. Provided that nothing contained in this sub-section shall be deemed to bar any Office from engaging any occupational safety and health inspector serving in another office or a technician having knowledge in the concerned subject in the function of inspection and the labour inspector from performing the function accordingly, for and on its behalf, if the Office has no occupational safety and health inspector.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 96: Obligations of inspector or employee:
(1) The obligations of the inspector or employee deputed to inspect any enterprise or workplace pursuant to Section 95 shall be as follows: (a) To enter any enterprise or workplace only after showing his or her identity card, (b) To give a written receipt thereof while taking custody of any register, document, record or goods, (c) To keep the identity of any complainant confidential if he or she requests to do so, (d) To perform the duties of his or her office without causing hinderance in the work of the enterprise or workplace, (e) To keep such notice, information or data as received during inspection confidential except as required to be disclosed in accordance with the law.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 96: Obligations of inspector or employee:
Subsection (2)
(1) The obligations of the inspector or Where the inspector or any employee who is deputed to inspect any enterprise or workplace fails to perform the duties referred to in sub-section (1), does any act that is disrespectful or contrary to the duties of his or her office or causes any loss or damage by doing any act with mala fide intention, the concerned person shall give information thereof to the competent authority through the Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 96: Obligations of inspector or employee:
Subsection (3)
(1) The obligations of the inspector or If the inspector or employee is found guilty upon making necessary inquiry pursuant to sub-section (2), the competent authority may take departmental action pursuant to the prevailing law. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 97: To render necessary assistance: It shall be the duty of the concerned employer,
labour and trade union to render necessary assistance to the inspector or employee deputed to inspect the enterprise or workplace in the function of inspection.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 98: Report to be submitted: The inspector or employee shall submit a report setting
out such particulars as prescribed to the Office within fifteen days from the date of completion of the inspection of the enterprise or workplace made pursuant to this Chapter, except as otherwise directed.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 99: Power of the Office to give direction:
(1) On receipt of the report pursuant to Section 98, the Office may, upon studying it as required, give direction immediately to make the improvement, if any, required to be made in relation to any work, working procedure or other matter of the enterprise or workplace or labour or trade union and stop any act, if any, being committed contrary to law.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 99: Power of the Office to give direction:
Subsection (2)
(1) On receipt of the report pursuant to A party who is not satisfied with the direction referred to in subsection (1) may make an appeal to the Labour Court within thirty-five days.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 99: Power of the Office to give direction:
Subsection (3)
(1) On receipt of the report pursuant to The decision made by the Labour Court on the appeal made pursuant to sub-section (2) shall be final.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 100: Labour audit to be made:
(1) Each enterprise shall make a labour audit as prescribed as to whether or not acts and actions are being performed by the enterprise in accordance with this Act, Regulation and prevailing law and prepare a report thereof.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 100: Labour audit to be made:
Subsection (2)
(1) Each enterprise shall make a labour audit as The report referred to in sub-section (1) shall be provided to the Office or inspector during inspection made pursuant to this Chapter or as and when so demanded by the Office or inspector.
The Labour Act, 2017 (2074),NEPAL
Chapter-15: Provisions Relating to Inspection
Section 101: Making application in convenient Office: A labour of any enterprise with its
branch or workplace in an area where there are more than one Office may make an application to the Office which is convenient to him or her, and the concerned Office shall, on receipt of such an application, conduct hearing on the application.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 102: Formation of Central Labour Advisory Council:
(1) There shall be formed a Central Labour Advisory Council as follows for giving advice on labour matters to the Government of Nepal: www.lawcommission.gov.np (a) Minister or Minister of State for Labour and Employment - Chairperson (b) Secretary, Ministry of Finance -Member (c) Secretary, Ministry of Labour and Employment -Member (d) Secretary, Ministry of Physical Infrastructure and Transport -Member (e) Secretary, Ministry of Agricultural Development -Member (f) Secretary, Ministry of Industry -Member (g) Secretary, Ministry of Health -Member (h) Director General, Department of Labour -Member (i) Executive Director, Social Security Fund -Member (j) Executive Director, Vocational Skill Development Training Centre -Member (k) Five persons including at least two women nominated as prescribed by the Ministry from amongst the employers -Member (l) Five persons including at least two women nominated as prescribed by the Ministry from amongst the trade union federations -Member (m) Joint Secretary (Responsible for the concerned Division), Ministry of Labour and Employment -Member- Secretary
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 102: Formation of Central Labour Advisory Council:
Subsection (2)
(1) There shall be formed a The tenure of the members referred to in clauses (k) and (l) of subsection (1) shall be three years, and they may be re-nominated.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 102: Formation of Central Labour Advisory Council:
Subsection (3)
(1) There shall be formed a While nominating the members pursuant to clauses (k) and (l) of sub-section (1), the Ministry shall make nomination on the recommendation of the employers’ association, in case of employers, and of the Joint Trade Union Coordination Centre, in case of trade union federations.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 102: Formation of Central Labour Advisory Council:
Subsection (4)
(1) There shall be formed a The members referred to in clauses (k) and (l) of sub-section (1) may nominate their alternative members to take part, in their absence, in the meetings of the Council.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 103: Functions, duties and powers of the Council:
(1) The functions, duties and powers of the Council shall be as follows: www.lawcommission.gov.np (a) To give advice and suggestions to the Government of Nepal on labour policies, (b) To give necessary advice and suggestions to the Government of Nepal for making timely reforms in the labour laws, (c) To give suggestions to the Government of Nepal in relation to the ratification and implementation of any labour related international convention to which Nepal is a party, (d) To give advice and suggestions to the Government of Nepal in relation to the report to be submitted by the Government of Nepal under any labour related international convention to which Nepal is a party, (e) To prepare occupational safety and health standards and recommend the same to the Government of Nepal, (f) To prepare codes of conduct on fair labour practice and recommend the same to the Government of Nepal, (g) To give advice and suggestions to the Government of Nepal for the formulation of policies concerning vocational training and skill development (apprentice) training, (h) To make necessary coordination with the Government of Nepal, employers and trade unions for maintaining industrial peace, sound industrial relation and minimizing labour disputes, (i) To make necessary coordination with the Government of Nepal, employers and trade unions for enhancing employment and productivity, (j) To frame and issue directives on collective bargaining as required, and (k) To perform such other functions as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 103: Functions, duties and powers of the Council:
Subsection (2)
(1) The functions, duties and The Council may form any committee or taskforce, as required, for the performance of its functions.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 103: Functions, duties and powers of the Council:
Subsection (3)
(1) The functions, duties and The functions, duties and powers of the committee or taskforce formed pursuant to sub-section (2) shall be as specified by the Council at the time of formation of such a committee.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 103: Functions, duties and powers of the Council:
Subsection (4)
(1) The functions, duties and The secretariat of the Council shall be located in the Ministry. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 104: Office of member of the Council to be vacant:
(1) The office of any member of the Council referred to in clause (k) or (l) of sub-section (1) of Section 102 shall become vacant in the following circumstance: (a) If the member submits resignation in writing to the Ministry through the chairperson, (b) If the member remains absent from three consecutive meetings of the Council without giving any notice, Provided that this provision shall not apply if the alternative member attends the meeting. (c) If his or her tenure expires, or (d) If he or she dies.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 104: Office of member of the Council to be vacant:
Subsection (2)
(1) The office of any member of Before removing any member of the Council from his or her office pursuant to clause (b) of sub-section (1), he or she shall be provided with an opportunity to defend.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 104: Office of member of the Council to be vacant:
Subsection (3)
(1) The office of any member of Where the office of any member falls vacant pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 104: Office of member of the Council to be vacant:
Subsection (1)
(1) The office of any member of , nomination of another person shall be made for the remainder of tenure from the same sector where that member was nominated from and by following the same procedure.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
(1) Meetings of the Council shall be held as required at the date, place and time specified by the chairperson of the Council. Provided that the interval between the two meetings shall not be more than four months.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (2)
(1) Meetings of the Council shall The chairperson shall call a meeting within fifteen days if one fourth of the total number of members of the Council makes a written request for calling a meeting.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (3)
(1) Meetings of the Council shall The member-secretary of the Council shall give a notice along with the agenda of the meeting to all the members at least twenty-four hours in advance of the time when such meeting is scheduled.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (4)
(1) Meetings of the Council shall The presence of more than at least fifty percent of the total number of members, representing the Government of Nepal, employers and trade unions, shall constitute a quorum for the meeting of the Council. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (5)
(1) Meetings of the Council shall The chairperson of the Council shall preside over the meeting of the Council, and in his or her absence, the secretary of the Ministry shall preside it over.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (6)
(1) Meetings of the Council shall A labour expert may be invited at the meeting of the Council.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (7)
(1) Meetings of the Council shall Any decision of the Council shall be taken on the basis of consensus.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (8)
(1) Meetings of the Council shall If consensus is not reached pursuant to sub-section (7), a decision shall be taken on the basis of majority of the members representing the Government of Nepal, employers and unions.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (9)
(1) Meetings of the Council shall There shall be maintained a separate minute book for recording the decisions of the meetings of the Council, and such decisions shall be authenticated by the member-secretary of the Council.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (10)
(1) Meetings of the Council shall Other procedures relating to the meeting of the Council shall be as determined by the Council itself.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 105: Provisions relating to meetings of the Council:
Subsection (11)
(1) Meetings of the Council shall Members of the Council shall get such meeting allowance as specified by the Government of Nepal.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 106: Fixation of minimum remuneration:
(1) The Ministry shall, on recommendation of the Minimum Remuneration Fixation Committee referred to in Section 107, fix the minimum remuneration of labours in every two years.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 106: Fixation of minimum remuneration:
Subsection (2)
(1) The Ministry shall, on recommendation Notwithstanding anything contained in sub-section (1), the Ministry may fix the minimum remuneration in the event of failure of the Minimum Wage Fixation Committee referred to in Section 107 to recommend the minimum remuneration due to absence of consensus.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 106: Fixation of minimum remuneration:
Subsection (3)
(1) The Ministry shall, on recommendation The Ministry shall publish the minimum remuneration fixed pursuant to this Section in the Nepal Gazette.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 106: Fixation of minimum remuneration:
Subsection (4)
(1) The Ministry shall, on recommendation The minimum remuneration fixed pursuant to sub-section (3) shall come into force on the first day of the new financial year. Provided that if it is otherwise agreed between the trade union and the employer concerning the date of coming into force of the minimum remuneration, it shall come into force accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 106: Fixation of minimum remuneration:
Subsection (5)
(1) The Ministry shall, on recommendation When fixing the minimum remuneration in accordance with other prevailing law, such remuneration shall not be so fixed as to be less than the remuneration fixed pursuant to this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 107: Minimum remuneration fixation committee:
(1) The Ministry shall form a permanent minimum remuneration fixation committee as prescribed, consisting of www.lawcommission.gov.np representatives from the Government of Nepal, trade unions and employers' associations for the purpose of recommending the minimum remuneration of labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 107: Minimum remuneration fixation committee:
Subsection (2)
(1) The Ministry shall form a The committee formed pursuant to sub-section (1) may, while recommending the minimum remuneration of labours, recommend the minimum remuneration of labours applicable for the whole of Nepal or for enterprises or industries of any specific sector or nature or specific sector of employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 107: Minimum remuneration fixation committee:
Subsection (3)
(1) The Ministry shall form a The grounds for recommendation of the minimum remuneration shall be determined by the minimum remuneration fixation committee itself referred to in sub-section (1).
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 107: Minimum remuneration fixation committee:
Subsection (4)
(1) The Ministry shall form a The minimum remuneration fixation committee referred to in subsection (1) shall commence the process of reviewing the minimum remuneration from the month of Baishak (mid April) in every two years.
The Labour Act, 2017 (2074),NEPAL
Chapter-16: Provisions Relating to Council and Committee
Section 107: Minimum remuneration fixation committee:
Subsection (5)
(1) The Ministry shall form a Procedures and other provisions relating to the meetings of the committee referred to in sub-section (1) shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
(1) Every enterprise may, for the purpose of its internal management, make a bye-law as required.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
Subsection (2)
(1) Every enterprise may, for the purpose Any enterprise, when making a bye-law on service, conditions and benefits of labours, or any competent body to approve the bye-law made by any enterprise, when approving such a bye-law, shall do so make or approve as not to be contrary to the minimum standards set forth in this Act and the collective agreement.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
Subsection (3)
(1) Every enterprise may, for the purpose The Ministry may, for the purpose of sub-section (1), make a model bye-law as required. Provided that it shall not be deemed to bar the Nepal Rastra Bank, in the case of banks and financial institutions, and the regulatory authority, in the case of other enterprises, from making bye-laws.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
Subsection (4)
(1) Every enterprise may, for the purpose One copy of the bye-law made by an enterprise shall be registered in the Office, such a bye-law shall be made available to any labour if he or she wishes to look at. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
Subsection (5)
(1) Every enterprise may, for the purpose The enterprise shall, when making or amending the bye-law, consult the authorised trade union, if any, in the enterprise and an active trade union if there is no such authorized trade union.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 108: Internal management may be made:
Subsection (6)
(1) Every enterprise may, for the purpose Where any provision of the bye-law made by the enterprise contradicts with this Act, prevailing laws or collective agreement, the court may void such a provision of the bye-law or give other appropriate order.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 109: Transfer may be made:
(1) The enterprise may transfer a labour from one office, branch or unit of the enterprise to another office, branch or unit without causing any adverse effect on the conditions of service and benefits of him or her and without making difference in the nature and level of his or her work.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 109: Transfer may be made:
Subsection (2)
(1) The enterprise may transfer a labour from one office, Provided that transfer may be made in a manner to make difference in the nature and level of work in the following circumstance: (a) With the consent of the concerned labour, (b) Where the labour is promoted and placed, (c) As mentioned in the collective agreement, or (d) To transfer the labour to other work related to the training or skill or educational qualification acquired by him or her.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 109: Transfer may be made:
Subsection (2)
(1) The enterprise may transfer a labour from one office, Any labour employed in any one enterprise may, with his or her consent, be transferred to another enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 109: Transfer may be made:
Subsection (3)
(1) The enterprise may transfer a labour from one office, When making transfer pursuant to sub-section (2), an agreement shall be made as prescribed between the enterprise making transfer and the enterprise where the labour is transferred to on the matter that the service period of the employee to be so transferred shall be added and the enterprise where the labour is transferred to shall bear all benefits to the receivable on the basis of the service period and on other conditions of service.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 109: Transfer may be made:
Subsection (4)
(1) The enterprise may transfer a labour from one office, When transferring any labour from the workplace located in the place of his or her permanent residence or to any other place from the existing workplace, the employer shall provide benefits as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 110: To be deputed as representative:
(1) Any enterprise may depute its labour to another enterprise to work in the capacity of its representative.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 110: To be deputed as representative:
Subsection (2)
(1) Any enterprise may depute its labour to Except as otherwise agreed when making deputation pursuant to sub-section (1), the obligations relating to the service and benefits of such a labour shall be vested in the enterprise making such deputation. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 111: Formation of labour relation committee:
(1) The employer of an enterprise where ten or more than ten labours work shall form a labour relation committee as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 111: Formation of labour relation committee:
Subsection (2)
(1) The employer of an enterprise The functions, duties and powers of the committee formed pursuant to sub-section (1) shall be as follows: (a) To hold discussion as required for productivity increment and improvement in the operating system, (b) To make an effort to settle any grievance in discussion with the concerned party if the labour has or is likely to have such a grievance, (c) To improve the working environment of the workplace, (d) To function in the capacity of occupational safety and health committee until it is formed, and (e) To perform such other functions as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 111: Formation of labour relation committee:
Subsection (3)
(1) The employer of an enterprise The labour relation committee referred to in sub-section (1) shall meet as required without adversely affecting the working hours of the enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 111: Formation of labour relation committee:
Subsection (4)
(1) The employer of an enterprise Provisions relating to the formation, procedure and meeting of the committee shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
(1) An enterprise may have performance evaluation of its labours generally once in a year.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (2)
(1) An enterprise may have The basis and procedure for the performance evaluation referred to in sub-section (1) shall be determined in a just and reasonable manner.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (3)
(1) An enterprise may have The basis and procedure referred to in sub-section (2) shall be notified to the labours before the period for the performance evaluation commences.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (4)
(1) An enterprise may have Upon completion of the performance evaluation pursuant to subsection (1), the employer or the person designated by him or her shall discuss with the concerned labour about his or her strengths and weaknesses and give a reasonable opportunity to improve the weaknesses.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (5)
(1) An enterprise may have Where the concerned labour disagrees with the evaluation made pursuant to sub-section (4), such a labour shall be required to sign the evaluation form after providing him or her with an opportunity to note down disagreement.
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (6)
(1) An enterprise may have Where a labour notes down disagreement pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (5)
(1) An enterprise may have , the enterprise shall make a provision for its review. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-17: Provisions Relating to Internal Management of Enterprise
Section 112: Performance evaluation of labours by enterprise:
Subsection (7)
(1) An enterprise may have Other provisions relating to the performance evaluation of the labours shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
(1) If any labour has an individual claim on any matter related to the right conferred by this Act, Regulation, prevailing laws or collective agreement, such a labour may make an application in writing to the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
Subsection (2)
(1) If any labour has an individual claim on any In the event of receipt of the application referred to in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
Subsection (1)
(1) If any labour has an individual claim on any , the employer shall receive the application and give its receipt to the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
Subsection (3)
(1) If any labour has an individual claim on any In the event of receipt of the application referred to in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
Subsection (1)
(1) If any labour has an individual claim on any , the employer shall settle the dispute relating to such a claim within fifteen days upon holding discussion with the concerned labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 113: Submission of individual claims:
Subsection (4)
(1) If any labour has an individual claim on any Notwithstanding anything contained in sub-section (3), the period for the settlement of dispute may be extended through consent between the employer and the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
(1) The concerned party may, in the following circumstance, make an application to the Office for the settlement by mediation of the individual claim referred to in Section 113: (a) If the employer does not give a notice for discussion within seven days from the date on which the application was made pursuant to sub-section (1) of Section 113, or (b) Failing an agreement upon discussion held pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (3)
(1) The concerned party may, in the of Section 113, after fifteen days from the date on which the original application was made to the employer.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (2)
(1) The concerned party may, in the In the event of receipt of the application pursuant to sub-section (1), the Office shall give the concerned employer and the labour a notice specifying the date and time for discussion.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (3)
(1) The concerned party may, in the The Office shall settle the dispute relating to the claim within twenty-one days from the date of receipt of the application pursuant to sub section
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (1)
(1) The concerned party may, in the , by holding negotiations as required between the employer and the labour. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (4)
(1) The concerned party may, in the Notwithstanding anything contained in sub-section (3), the period for the settlement of dispute may be extended through consent between the Office, employer and labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (5)
(1) The concerned party may, in the If an agreement is reached between the concerned employer and the labour upon the negotiations referred to in sub-section (3), such a dispute relating to the claim shall be deemed to have been settled.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 114: Application may be made to the Office:
Subsection (6)
(1) The concerned party may, in the The agreement reached pursuant to sub-section (5) shall be binding on the concerned party.
The Labour Act, 2017 (2074),NEPAL
Chapter-18: Settlement of Individual Disputes
Section 115: Decision to be made by the Office: Where the problem could not be solved
pursuant to Section 114, the Office shall, on the basis of the available evidence, make a decision within fifteen days.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 116: Collective claim may be submitted:
(1) Any enterprise employing ten or more than ten labours shall have a collective bargaining committee as follows: (a) A team of negotiating representatives designated on behalf of the elected authorized trade union of the enterprise, (b) In cases where election to the authorised trade union referred to in clause (a) could not be held or where election has been held but its term has expired, a team of negotiating representatives nominated through mutual agreement of all the unions in the enterprise, (c) In cases where there is no authorised trade union referred to in clause (a) or team referred to in clause (b), a team of representatives supported with the signatures of more than sixty percent of the labours working in the enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 116: Collective claim may be submitted:
Subsection (2)
(1) Any enterprise employing ten or more The collective bargaining committee may submit collective claims or demands in writing to the employer on issues relating to the interest of the labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 116: Collective claim may be submitted:
Subsection (3)
(1) Any enterprise employing ten or more Notwithstanding anything contained in sub-section (2), no collective claims or demands may be submitted on the following matters: (a) A matter which is contrary to the Constitution of Nepal, (b) A matter which contains an allegation with no evidence or basis and is thus contrary to the interest of any one, www.lawcommission.gov.np (c) A matter which affects the personal conduct of any employer or labour, (d) A matter which is not related to the enterprise, (e) Until the period specified in this Act lapses in cases where the collective agreement has been made, (f) A matter relating to the rate of contribution and benefits specified for the social security scheme.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 116: Collective claim may be submitted:
Subsection (4)
(1) Any enterprise employing ten or more The collective bargaining committee may consist of a maximum of three to eleven members as prescribed, on the basis of the number of labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 116: Collective claim may be submitted:
Subsection (5)
(1) Any enterprise employing ten or more The collective bargaining committee formed pursuant to this Section shall have the powers including that to submit collective claims or demands, enter into agreement, file a case against any person or defend a case.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 117: To hold negotiations on collective claims, demands:
(1) In the event of submission of collective claims, demands pursuant to Section 116, the concerned employer shall, not later than seven days of the date of submission of such claims or demands, give a notice in writing to the collective bargaining committee, stating inter alia the venue and time for negotiation.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 117: To hold negotiations on collective claims, demands:
Subsection (2)
(1) In the event of Where a notice is given pursuant to sub-section (1), the members of the collective bargaining committee shall be present for negotiations at the venue and time stated in the notice.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 117: To hold negotiations on collective claims, demands:
Subsection (3)
(1) In the event of If, while conducting negotiations, any understanding or agreement is reached between both the parties, the disputes relating to the collective claims, demands shall be settled.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 117: To hold negotiations on collective claims, demands:
Subsection (4)
(1) In the event of The understanding or agreement made pursuant to sub-section (3) shall be binding for the concerned parties.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 118: Settlement through mediation:
(1) The concerned party may, in the following circumstance, make an application to the Office for the settlement of collective claims, demands through mediation: (a) Where the employer fails to give a notice to the collective bargaining committee for negotiations within the period referred to in sub-section (1) of Section 117, or (b) Where an agreement could not be reached upon negotiation held pursuant to sub-section (3) of Section 117 not later than twenty-one days from the date of submission of claims, demands. www.lawcommission.gov.np Provided that nothing shall be deemed to bar the extending of the said period with the consent of the parties in cases where the negotiation is going on.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 118: Settlement through mediation:
Subsection (2)
(1) The concerned party may, in the following In the event of receipt of an application pursuant to sub-section (1), the Office shall summon the presence of the concerned parties and settle the dispute through mediation.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 118: Settlement through mediation:
Subsection (3)
(1) The concerned party may, in the following The mediation proceeding referred to in sub-section (2) shall be completed not later than thirty days from the date of receipt by the Office of the application. Provided that nothing shall be deemed to bar the extending of the said period with the consent of the parties in cases where the negotiation is going on.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 118: Settlement through mediation:
Subsection (4)
(1) The concerned party may, in the following The dispute relating to the collective claims, demands shall be settled if an agreement is reached between both the parties upon the negotiation held in presence of the Office pursuant to sub-section (3).
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 118: Settlement through mediation:
Subsection (5)
(1) The concerned party may, in the following The agreement made pursuant to sub-section (4) shall be binding for the concerned parties.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
(1) Where mediation does not succeed pursuant to Section 118, the dispute relating to the collective claims, demands shall, in the following circumstance, be settled through arbitration: (a) If the collective bargaining committee and the employer agree to settle the dispute relating to collective claims, demands through arbitration, (b) If a collective dispute arises in an enterprise providing essential services, (c) If a collective dispute arises in an enterprise within the special economic zone, or (d) If the strike is prohibited by imposition of a state of emergency in accordance with the Constitution. Explanation: For the purpose of this Chapter, the term “essential service” means any service which may, if interrupted, have an adverse impact on the life, health and safety of the people across the country or the people living in any part of the country.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (2)
(1) Where mediation does not Where the Ministry has a ground to believe that a financial crisis may arise in the country as a result of ongoing or possible strike or lockout or that www.lawcommission.gov.np the dispute needs to be settled by arbitration, the Ministry may give an order for the settlement of any collective dispute through arbitration irrespective of the stage of such a dispute.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (3)
(1) Where mediation does not For the purpose of sub-sections (1) and (2), the Ministry may form an arbitration panel comprising representations from the labour, employer and Government of Nepal.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (4)
(1) Where mediation does not Expenses of the arbitration panel to be formed pursuant to subsection (3) shall be borne by the Government of Nepal as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (5)
(1) Where mediation does not Any party wishing to have the dispute settled through arbitration shall submit claims in writing to the arbitrator as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-19: Settlement of Collective Disputes
Section 119: Settlement of dispute through arbitration:
Subsection (6)
(1) Where mediation does not On receipt of the claims referred to in sub-section (5), the arbitrator shall send a copy of such claims to the other party and provide an opportunity to such party to submit counter-claims in that respect.