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Nepal - Working time - 2011


LAST UPDATE

3 May 2011

SOURCES


Name of Act

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
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Name of Act

Labour Rules 2050 1993, published in the Nepal Gazette 2050.7.23 (8 November 1993) and by the Nepal Law Commission
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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)
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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
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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
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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
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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
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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)
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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)
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Women

Females may be engaged in works normally from 6am until 6pm, except in the prescribed conditions.
Labour Act 1992 §5(2)
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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.
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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: 21st September 2014 at 16:09:21.
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