Labour Act, dated 15 May 1992, Nepal Recorder, 12 June 1992, Vol. 16, No. 19, pp.220253 as amended by Labour (First Amendment) Act 1998, dated 28 January 1998, Nepal Recorder
Remarks: The Labour Act 1992 and Labour Rules 1993 apply to private sector workers and employees in enterprises of more than 10 workers, and in enterprises operating in industrial districts established by the government. However, some provisions only apply to employees and not to workers (as defined). This is noted in the following information where relevant.
Name of Act
Labour Rules 2050 1993, published in the Nepal Gazette 2050.7.23 (8 November 1993) and by the Nepal Law Commission
Remarks: The Labour Act 1992 and Labour Rules 1993 apply to private sector workers and employees in enterprises of more than 10 workers, and in enterprises operating in industrial districts established by the government. However, some provisions only apply to employees and not to workers (as defined). This is noted in the following information where relevant.
LEGAL DEFINITIONS
Employee/worker
’Employee’ means any person, other than a worker, appointed to discharge administrative functions with a provision to be paid a remuneration.
’Worker’ means a person employed on the basis of obtaining remuneration to work in connection with production process or providing service or to work in any building, premises, machinery or any part thereof used for the purpose of same works or any act relating to such works or any work incidental to such works and this works shall also include any workers working at piece-rate, contract or agreement.
Labour Act 1992 §2(c), (d)
Remarks: Enterprise is defined in §2(b) to mean factories, companies, organisations, associations, firms or groups thereof for the purpose of operating any industry, profession or service (including tea estates), where 10 or more workers or employees are engaged. The 10 employee requirement does not apply to enterprises operating in industrial districts established by the Government of Nepal.
Employer
The Labour Act variously imposes rights and obligations on managers and proprietors of enterprises.
’Manager’ means a person appointed for performing the functions in the enterprise.
’Proprietor’ means the person having final authority on the activities of the Enterprise and this expression also includes any person appointed as the Chief of any branch or unit of the Enterprise with powers to exercise final responsibility or authority in respect thereof.
’Enterprise’ means any factory, company, organisation, association, firm, or group thereof, established under the prevailing laws for the purpose of operating any industry, profession or service, where ten or more workers or employees are engaged and this expression also includes: (1) Tea estates, established under the law for commercial purpose; (2) Enterprise operating within the industrial districts established by the Government of Nepal where less than ten workers or employees are engaged.
Labour Act 1992 §2(b), (e), (f)
Overtime/overtime work
Overtime is any work in excess of 8 hours in a day or 48 hours in a week.
Labour Act 1992 §19(1)
Domestic worker
Domestic workers are expressly referred to in the Labour Act and are implicitly excluded from its coverage by virtue of the definitions of ’worker’ and ’employee’ under the Labour Act.
Labour Act 1992 §2
Young worker
’Minor’ means a person who has attained the age of sixteen years but has not completed the age of eighteen years.
Labour Act 1992 §2(i)
NORMAL HOURS LIMITS
The normal hours limit is 8 hours per day and 48 hours per week.
Labour Act 1992 §16
Daily hours limit
No worker or employee shall be deployed in work for more than 8 hours per day.
Labour Act 1992 §16
Remarks: Day is defined in §2(m) as a period of 24 hours starting from any midnight and ending at another midnight.
General limit
8 hours per day.
Labour Act 1992 §16
Special categories
Restrictions are placed on the number of hours minors may work in a day.
Labour Rules 1993 §3
» Young workers
Workers and employees between the ages of 14 and 16 years shall not be deployed in work for more than 6 hours per day.
Labour Rules 1993 §3
» Domestic work
Domestic workers are expressly referred to in the Labour Act and are implicitly excluded from its coverage by virtue of the definitions of ’worker’ and ’employee’ under the Labour Act.
Labour Act 1992 §2
Weekly hours limit
No worker or employee shall be deployed in work for more than 48 hours per week.
Labour Act 1992 §16
Remarks: Week is defined by §2(n) as a period of 7 days starting from midnight on Saturday or from midnight of such other day as prescribed by the Department of Labour.
General limit
48 hours per week
Labour Act 1992 §16
Special categories
Restrictions are placed on the number of hours minors may work in a week.
Labour Rules 1993 §3
» Young workers
Workers and employees between the ages of 14 and 16 years shall not be deployed in work for more than 36 hours per week.
Labour Rules 1993 §3
OVERTIME WORK
The Labour Act provides that overtime is to be voluntary and subject to penalty rates.
Labour Act 1992 §19
Criteria for overtime
No worker may be compelled to work overtime.
Labour Act 1992 §19
General
The Labour Act does not prescribe specific circumstances in which, or criteria for which, overtime may be worked.
Labour Act 1992
Worker`s influence
No worker may be compelled to work overtime.
Labour Act 1992 §19(1)
Limits on overtime hours
Overtime work should not exceed 4 hours per day or 20 hours per week.
Labour Act 1992 §19(2)
General limits
While deploying any worker or employee to work overtime, generally the duration shall not exceed 4 hours per day and 20 hours per week.
Labour Act 1992 §19(2)
Compensation for overtime work
Workers and employees who are engaged to work overtime shall be paid overtime wages at the rate of one and one-half times his or her ordinary rate of wages.
Labour Act 1992 §19(1)
Overtime rate(s)
1.5 times the employee’s ordinary rate of wages
Labour Act 1992 §19(1)
Compensatory rest
No compensatory rest is prescribed for overtime work.
Notice of requirement to work overtime
No notice requirements identified.
SCHEDULES
Working schedules are to be determined by the Proprietor.
General
The time for starting of work by worker or employee shall be as prescribed by the Proprietor.
Labour Act 1992 §17
REST PERIODS
Rest breaks and weekly rest days are provided for by the Labour Act 1992.
Labour Act 1992
Rest breaks
Workers and employees must be given half hour breaks every 5 hours.
Labour Act 1992 §18
General provisions
In any enterprise where work may be interrupted, no worker or employee shall be deployed in work for more than five hours continuously without providing an interval of half an hour for tiffin. Such interval of half an hour shall be deemed to have been included within the daily working hours.
Labour Act 1992 §18
Special categories
In any enterprise where works have to be carried out continuously without interruption, such intervals shall be provided on rotation basis.
Labour Act 1992 §18
Weekly rest periods
Workers shall be provided one day as weekly holiday for every week.
Labour Act 1992 §16
Duration
One day
Labour Act 1992 §16
Remarks: Day is defined in §2(m) as a period of 24 hours starting from any midnight and ending at another midnight.
ANNUAL LEAVE AND PUBLIC HOLIDAYS
Annual leave, public holidays and other forms of leave entitlements are prescribed in the Labour Rules 1993.
Labour Rules 1993 §§28-37
Remarks: Article 36 provides that the leave contemplated by the Labour Rules 'is not a matter of right, it is only a privilege' and that authority to take leave may be refused or withdrawn at any time.
ANNUAL LEAVE
Every worker or employee shall be entitled to paid home leave at the rate of 1 day for every 20 days that he/she works.
Labour Rules 1993 §30
Qualifying period
No qualifying period is imposed.
Labour Act 1992 Labour Rules 1993
Duration
Every worker or employee shall be entitled to paid home leave at the rate of 1 day for every 20 days that he/she works.
Labour Rules 1993 §30
Payment
Home leave is to be paid at the rate of the wage which the worker or employee is receiving at the time of taking or paying out of the leave.
Labour Rules 1993 §30(1), (4)
Schedule and splitting
The worker or employee must obtain prior approval before taking home leave. The proprietor or person authorised by the enterprise may refuse to approve it, postpone it or cancel any approval in light of the work of the enterprise.
Labour Rules 1993 §§30(1), 35, 36
Work during annual leave
A proprietor may withdraw or postpone authority to take annual leave in keeping of view the work of the Enterprise.
Labour Rules 1993 §36
Special categories
No provisions specific to special categories identified.
Labour Rules 1993
PUBLIC HOLIDAYS
The worker or employee shall be entitled to 13 public holidays on full pay in every year.
Labour Rules 1993 §29(1)
Number and dates
There shall be 13 public holidays every year, the dates of which are to be decided at the beginning of every year by the Labour Relations Committee or, in enterprises that do not have a Labour Relations Committee, by mutual consent between the representative of workers and employees and the Proprietor.
Labour Rules 1993 §29(2), (3)
Remarks: Proprietors are obliged to 'constitute a Labour Relation Committee in each enterprise in order to create amicable atmosphere between the workers or employees and the management and to develop healthy labour or industrial relation on the basis of mutual participation and co-ordination' (§63 of the Labour Act).
Payment
Workers and employees shall be entitled to full pay for public holidays decided by the Labour Relation Committee, or by the mutual consent of employee and worker representatives and the Proprietor, at the beginning of each year.
Labour Rules 1993 §29(1)
Work on Public Holidays
No provision is made for circumstances in which work is required to be performed on public holidays. However, it is clear that a worker may be required to perform work on leave days in light of the work of the Enterprise.
Labour Rules 1993 §36
EMERGENCY FAMILY LEAVE
Workers and employees who have completed one year of service are entitled to take up to 13 days’ obsequies leave if required to personally observe funeral rights in accordance with his or her family custom. Such leave shall be on full salary.
Permanent workers or employees who do not have any leave accumulated may be entitled to up to 30 days per year, and up to 6 months in total, of unpaid special leave in the event that a special situation for going on leave has occurred.
Labour Rules 1993 §§32, 33
PART-TIME WORK
No express regulation of part-time work identified.
NIGHT WORK
Night work is not expressly regulated. However, restrictions on the engagement of minors and women are implicitly imposed through limitations on their normal working hours.
Labour Rules 1993 §§3, 4
Special categories
Minors and females may be engaged in the works normally from 6am until 6pm, except in the prescribed conditions.
Labour Act 1992 §5
Young workers
Minors may be engaged in works normally from 6am to 6pm, except in the prescribed conditions.
Labour Act 1992 §5(1)
Remarks: 'Minor' is defined in §2(i) to mean a person who has attained the age of sixteen years but has not completed the age of eighteen years. No prescribed exceptions have been identified.
Women
Females may be engaged in works normally from 6am until 6pm, except in the prescribed conditions.
Labour Act 1992 §5(2)
Remarks: No prescribed exceptions have been identified. While §4(1) of the Labour Rules provides that 'women may be deployed at work as per the mutual consent entered between worker or employee and Proprietor', it appears this requirement relates to work in daytime hours, rather than being conditions in which women may work at night. Further, §5(3) of the Labour Act provides that 'by making an appropriate arrangement with mutual consent between the proprietor and the worker or employee, the females may also be engaged in the works similar to the males'. It is not clear whether this is a reference to the time or type of work they perform.
SHIFT WORK
No express regulation of shift work identified.
ON-CALL WORK
No regulation of on-call work identified.
FLEXITIME
No regulation of flexitime identified.
CASUAL WORK
No provisions dealing specifically with casual work or casual workers identified.
Remarks: However, casual workers are implicitly included in the definitions of worker and employee (Labour Act 1992 §2(c) and (d)). The general entitlements set out above therefore appear to apply to persons performing casual work.
SHORT-TIME WORK/WORK-SHARING
No regulation of short-time work or work-sharing identified.
RIGHT TO CHANGE WORKING HOURS
No right to change working hours identified.
INFORMATION & CONSULTATION
Other than a requirement on enterprises to maintain an attendance registered of workers and employees, no information or consultation requirements identified.
Labour Act 1992 §20
Results generated on: 20th April 2024 at 03:03:44.
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