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 and by Labour (Second Amendment) Ordinance 2006, dated March 9, 2006
Civil Service Act 2049 (1993), authenticated and published on 2050.2.4 (17 May 1993) and incorporating amendments up to Civil Service (Second Amendment) Act, 2064 (2007), as published by the Law Commission of Nepal (www.lawcommission.gov.np) and accessed 3 May 2011
Remarks: The Civil Service Act and Rules apply to the civil service as defined by §3 of the Act.
Name of Act
Civil Service Rules 2050 (1993), first published 2050.3.28 (12 July 1993) and incorporating amendments up to Civil Service (Eighth Amendment) Rules, 2067 (2010), as published by the Law Commission of Nepal (www.lawcommission.gov.np) and accessed 3 May 2011
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Scope
All pregnant female employees are entitled to maternity leave.
Labour Rules 1993 §34 Civil Service Rules 1993 §59(1)
Remarks: Employee is defined by §2(c) of the Labour Act 1992 as meaning 'persons engaged in the administrative functions of the enterprise' and 'enterprise' is defined to apply only to those with 10 or more workers or employees (except where the enterprise is operating in a government-established industrial district).
The term employee is distinguished from the term 'worker', which is defined more broadly to mean 'a person employed on the basis of remuneration to work in any building, premises, machinery or any part thereof used for any productions process ro providing service, or any act relating to such work or for any unscheduled works and this expression also includes any worker working at piece-rate, contract or agreement' (§2(d) Labour Act).
Article 2 of the Civil Service Act 1993 defines civil service employee to mean any person who is holding a post of the civil service as constituted by §3 of that Act.
Qualifying conditions
There are no qualifying conditions placed on the entitlement to maternity leave for the first 2 pregnancies in any period of serivce. An employee will be entitled to further periods of maternity leave under the Labour Rules 1993 if her first 2 children have died.
Labour Rules 1993 §34 Civil Service Rules 1993 §59(3)
Duration
Pregnant female employees are entitled to maternity leave for a period of 52 days for pre- and post-delivery under the Labour Rules 1993. Civil service employees are entitled to 60 days for pre- and post-delivery maternity leave.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Compulsory leave
No compulsory leave provisions identified.
General total duration
52 days
Labour Rules 1993 §34
Remarks: Female civil service employees are entitled to 60 days of maternity leave under §59 of the Civil Service Rules 1993.
Historical data (year indicates year of data collection)
2009: 52 days (for up to two births)
2004: Fifty-two days
1998: Fifty-two days
1994: Fifty-two days
Extension
No provision for extension of maternity leave identified, except in relation to maternity leave taken under the Civil Service Rules 1993, which allows a female civil service employee to extend a period of maternity leave by up to 6 months.
Civil Service Rules 1993 §59(1a)
Leave in case of illness or complications
No provision for leave specific to cases of pregnancy-related illness or complications identified. However, an employee with at least one continuous year’s service in an enterprise shall be entitled to up to 15 days’ sick leave per annum in the event of certified illness. Also, any permanent worker or employee who does not have accrued leave entitlements may seek a period of special leave of up to 6 months.
All civil service employees are entitled to 12 days’ paid sick leave per year, with the possibility to take sick leave in advance of the entitlement accruing.
Labour Rules 1993 §§31, 33 Civil Service Rules 1993 §58
RELATED TYPES OF LEAVE
No provision for paternity, parental or adoption leave identified, except for male civil service employees who are entitled to maternity care leave in the event their wife is pregnant.
Civil Service Rules 1993 §59A
Paternity leave
In cases where the wife of a male civil employee is to deliver a baby, such an employee shall be entitled to a maternity care leave of 15 days before and/or after delivery.
Civil Service Rules 1993 §59A(1)
Remarks: No provision for paternity leave identified with respect to private sector employees.
Scope
Only male civil service employees are entitled to maternity care leave.
Civil Service Rules 1993 §59A
Qualifying conditions
The employee must submit a birth certificate within 3 months of the birth to avoid having any maternity care leave taken deducted from other leave entitlements. Further, an employee will only be entitled to maternity care leave twice during a service period.
Civil Service Rules 1993 §59A(3), (4), (5)
Length
15 days
Civil Service Rules 1993 §59A(1)
RIGHT TO PART-TIME WORK
No provision for a right to part-time work identified.
CASH BENEFITS
Periods of maternity leave and maternity care leave are to be paid.
Labour Rules 1993 §34 Civil Service Rules 1993 §§59, 59A
Maternity leave benefits
Maternity leave is to be paid by the employer at an employee’s ordinary rate of pay.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Scope
The scope of the entitlement to cash benefits mirrors the entitlement to maternity leave.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Qualifying conditions
The qualifying conditions mirror those which apply to the maternity leave entitlement.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Duration
52 days for maternity leave under the Labour Rules 1993 and 60 days for maternity leave under the Civil Service Rules 1993.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Amount
Employees are to be paid an amount equivalent to their full pay.
Labour Rules 1993 §34 Civil Service Rules 1993 §59(3)
Historical data (year indicates year of data collection)
2009: 100 per cent.
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
Payment is to be made by the employer.
Labour Rules 1993 §34 Civil Service Rules 1993 §59
Historical data (year indicates year of data collection)
2009: Employer.
2004: Employer
1998: Employer
1994: Employer
Paternity leave benefits
Male civil service employees who take maternity care leave are entitled to full salary.
Civil Service Rules 1993 §59A(2)
Scope
The scope mirrors that of the maternity care leave entitlement.
Civil Service Rules 1993 §59A
Qualifying conditions
The qualifying conditions mirror those of the maternity care leave entitlement.
Civil Service Rules 1993 §59A
Duration
15 days
Civil Service Rules 1993 §59A
Amount
Full salary
Civil Service Rules 1993 §59A(2)
Financing of benefits
Employer
Civil Service Rules 1993 §59A
MEDICAL BENEFITS
General, employer-funded medical benefits may apply.
Pre-natal, childbirth and post-natal care
No medical assistance specific to pre-natal, childbirth or post-natal care identified. However, civil service employees are entitled to annual medical expenses equivalent to between 12 and 21 months’ salary.
Proprietors of enterprises must establish a welfare fund which may be used to assist workers or employees in various ways. Further, private sector employers are obliged to arrange for Medical Treatment Centres in enterprises where 400 or more workers or employees work, and Health Centres in enterprises where 1,000 or more workers or employees work.
Social Security Programs Throughout the World - Asia and the Pacific 2010 - Nepal Civil Service Rules 1993 §94 Labour Act 1992 §37 Labour Rules 1993 §§13, 14, 27(3), 27(4)
Financing of benefits
Employer
Civil Service Rules 1993 §94 Labour Rules 1993 §27
BREASTFEEDING
Breastfeeding workers and employees in enterprises with 50 or more workers or employees are entitled to time and a place to breastfeed.
Right to nursing breaks or daily reduction of hours of work
The female workers and employees shall be provided time, as necessitated, to feed their suckling babies.
Labour Act 1992 §42(3)
Nursing facilities
Where fifty or more female workers and employees are engaged in the work, the Proprietor of the Enterprise shall have to make provisions of a healthy room for the use of children of such female workers and employees.
Labour Act 1992 §42(1)
HEALTH PROTECTION
Breast-feeding facilities are to be provided in certain enterprises.
Labour Act 1992
Arrangement of working time
Females (whether or not pregnant or new mothers) may only be engaged in works normally from 6am until 6pm.
Labour Act 1992 §5(2)
Night work
Females (whether or not pregnant or new mothers) may only 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.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
No provisions establishing a right to non-discrimination on grounds of pregnancy or sex identified, except in relation to remuneration rates. No provision for employment security following the birth of a child identified.
Labour Rules 1993 §11
Results generated on: 19th April 2024 at 08:51:45.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
