Nepal
LABOUR
ACT, 2048 (1992)
DATE OF ROYAL SEAL OF ASSENT: 2049/2/2/6
(MAY 16, 1992)
Preamble:
Whereas it is expedient to make timely provisions
relating
to labour for making provisions for the rights,
interests,
facilities and safety of workers and employees working
in
enterprises of various sectors.
Now, therefore, be it enacted by Parliament on the
twenty
first year of the reign of His Majesty King Birendra
Bir
Bikram Shah Dev.
CHAPTER - 1: Preliminary
1. Short Title and Commencement:
(1) This Act may be called as "Labour Act,
2048 (1991)".
(2) This Act shall come into force immediately.
2. Definitions:
Unless the subject or context otherwise requires in
this
Act-
(a) "Production Process" means any of
the following
process-
i. Works
relating to making altering repairing,
engraving, finishing, packing, oiling, washing,
cleaning,breaking-up, dismantling or other kinds
of activity given to any article or substance
with a view to bringing it to use, sale,
distribution, transportation or disposal; or
ii. Pumping oil,
water or sewerage; or
iii. Generating,
transforming or transmitting energy;
or
iv. Printing
lithography, photography, book-binding
or similar other works.
(b) "Enterprise" means any factory,
organisation,
association, film or a
group thereof established under
the prevailing law for
the purpose of operating any
industry, profession or
service where ten or more
workers or employees are
engaged and this word shall
also include -
i. Tea
estates established under the law for
commercial purpose;
ii. Enterprise
operating within the industrial
district established by His Majesty's Government
where less than ten workers or employees are
engaged.
(c) "Employee" means a person engaged
in administrative
functions of the
enterprises.
(d) "Workers" means a person employed
on the basis of
salary or wage to work in
any building, premises,
machinery or any part
there of used for any
productions process or
providing service, or any act
relating to such work or
for any unscheduled works and
this word shall also
include any worker working at
piece-rate, contract or
agreement.
(e) "Manager" means a person appointed
for performing the
functions in the
Enterprise.
(f) "Proprietor" means the person
having final authority
on the activities of the
Enterprise and this word
shall also include any
person appointed as the Chief
of any part or unit of
the Enterprise with powers to
exercise final
responsibility or authority in respect
thereof.
(g) "Factory Inspector" means the
Factory Inspector
appointed by His
Majesty's Government and this word
shall also include the
Senior Factory Inspector.
(h) "Child" means a person who has not
attained the age of
fourteen years.
(i) "Minor" means a person who has
attained the age of
fourteen years but has
not completed the age of
eighteen years.
(j) "Major" means a person who has
completed the age of
eighteen years.
(k) "Energy" means electrical or
mechanical energy.
Provided this word shall
not include any energy
generated for human or
animal sources.
(l) "Seasonal enterprise" means an
Enterprise which cannot
be operated or which is
not feasible to operate in any
season other than the
specific season and this word
shall also include a
Seasonal enterprise which cannot
operate more than one
hundred and eighty days in one
year.
(m) "Day" means period of twenty four
hours starting from
any midnight and ending
at another midnight.
(n) "Week" means a period of seven days
starting from
midnight on saturday or
from midnight or such other
days as prescribed by the
Department of labour.
(o) "Welfare Officer" means the welfare
officer appointed
under this act.
(p) "Labour Officer" means the Labour
Officer appointed
under this act and the
word shall also include the
senior Labour Officer.
(q) "Labour Court" means the Labour
Court under this act.
(r) "Remuneration" means the salary or
wage to be received
in cash or kind from the
Enterprise by the worker or
employee for the works
performed in the enterprise and
this word shall also
include any amount to be received
in cash or kind for the
works done under piece-rate or
contract.
Provided that this word
shall not include any kind of
allowance or facility.
(s) "Prescribed" or "as
prescribed" means prescribed or as
prescribed in the Rules
made under this act.
CHAPTER - 2: Employment and Security of Service
3. Classification of Job:
(1) The Proprietor shall have to classify the job
of the
workers and employees of
the Enterprise according to
the nature of production
process, service or functions
of the Enterprise and
shall provide the information
thereof to the concerned
Labour Office.
(2) If the classification done pursuant to
Sub-section (1)
requires any amendment,
the Labour Officer may,
stating the reasons
thereof, issue a directive to the
Proprietor and it shall
be the duty of the Proprietor
to abide by such
directive.
4. Appointment of Worker and Employee:
(1) The Proprietor shall provide a letter of
appointment,
where any worker or
employee is being engaged in any
post within the
classification of job prepared
pursuant to Section 3.
While making such appointment,
priority shall be given
to the Nepalese Citizens.
(2) The worker and employee appointed under
Sub-section
(1) shall be appointed
permanently after completion of
the continuous service of
one year on grounds of his
efficiency, sincerity,
discipline, diligence towards
works, punctuality, etc.
An appointment letter shall
be provided with the name
of the post of the worker or
employee and his
remuneration and conditions of
service while
making such appointment. An information
thereof shall also be
provided to the Labour Office.
(3) The worker or employee engaged on piece-rate
or
contract in the works of
permanent nature of an
Enterprise, shall also be
appointed permanently under
Sub-section (2).
(4) The workers or employee engaged under
Sub-section (3)
shall be entitled to
facilities provided in this Act
according to the scale of
his post.
(5) Notwithstanding anything mentioned in
Sub-section (2)
and (3), if the
Enterprise has to temporarily increase
its production or
service, it may appoint for a fixed
period necessary worker
or employee specifying the
period thereof.
5. Engagement in work:
(1) No child shall be engaged in work in any
Enterprise.
(2) Minors and females may be engaged in the
works
normally from 6 o'clock
in the morning till 6 o'clock
in the evening, except in
the prescribed conditions.
(3) By making an appropriate arrangement with
mutual
consent between the
Proprietor and the worker of
employee, the females may
also be engaged in the works
similar to the males.
6. Computation of period of works:
For the purpose of computing the period of works
performed
in the enterprise by any worker on employee, the
following
period shall also be counted.
(a) the period remained in reserve under Section
11; and
(b) the period stayed during paid leave.
7. Employee in Contract Service:
Keeping in the view of the nature of function of the
Enterprise , in case any person has to be employed for
certain time in a specific job such person may be
appointed
in contract service specifying the remuneration, tenure
and
conditions of service.
8. Change of ownership shall not Adversely Affect:
Any change in the ownership of the Enterprise shall not
be
deemed to have affected on the terms and conditions of
service of the workers and employees of the enterprise.
9. Separates Registers of the Workers and Employee to be kept:
(1) In each Enterprise, the Proprietor shall
maintain
separate registers of the
workers and employees
mentioning the following
particulars:-
(a) Name of the
worker or employee,
(b) Nature of job,
(c) Remuneration
and method of its payment,
(d) Other
prescribed particulars.
(2) The register maintained under sub-section (1)
shall
have to be submitted when
demanded by the Labour
Officer, Factory
Inspector or any other person
designated by the Labour
Office.
10. Security of Service:
The service of any permanent worker or employee may not
be
terminated without following the procedures prescribed
by
this Act or the Regulations or Bylaws made under this
Act.
11. Keeping on Reserve:
(1) In case where the curtailment of production
or service
in any Enterprise for
some period is necessary or
where operation of the
Enterprise cannot be continued
for some special
circumstance, the Proprietor, under
sub-section (2), may
curtail its production or service
or may close the
Enterprise or a part of thereof.
(2) Permission from the Labour Office in case of
a period
upto fifteen days and
from the Department of Labour in
case of a period for more
than that shall have to be
taken while curtailing
the production or service or
closing the Enterprise or
any part thereof as
mentioned in Sub-section
(1). The Labour Office shall,
inform the Department of
Labour of such permission in
case it has given a
permission.
(3) While doing curtailment in the production or
service
pursuant to Sub-section
(1), any worker working on
shifts or on wages or any
worker or employee who being
enroled in the attendance
register of the Enterprise
has completed the
continuous service of one year shall
be kept in reserve on the
condition receiving half of
his salary.
Provided that such worker
or employee shall continue
to receive the facilities
which he was receiving.
(4) If any worker or employee kept in reserve
pursuant to
Sub-section (3) refuse to
work on another assignment
or similar nature on
equal pay offered by the
Proprietor in the same
Enterprise or another
Enterprise under his
control or if he does not come in
the Enterprise once a day
during office hours or on
other situations as
prescribed, the Proprietor may
withheld the salary and
facility of such worker and
employee.
12. Retrenchment and reinstatement:
(1) If, for any special circumstances, the
production or
service of the Enterprise
has to be curtailed or the
Enterprise has to be
closed partly or wholly for more
than three months, the
Proprietor may, with the
approval of His Majesty's
Government through the
Department of Labour,
retrench in the number of the
workers or employees,
partly or wholly, of the
Enterprise.
(2) While retrenching the workers or employees
under Sub-
section (1), engaged in
similar type of works, those
workers or employees who
have completed one year of
continue service and who
were appointed in the last
shall be retrenched
first.
Provided that if it is
required to retrench some of
the workers or employees
appointed earlier, not
following the prescribed
order of retrenchment, such
retrenchment may be made
by specifying the reasons
thereof.
(3) While doing retrenchment as per Sub-section
(2), it
shall be done as follows
:-
(a) By providing
the notice with the reasons or
retrenchment either one month in advance or
paying the salary of one month in case of worker
or employee who is permanent or who has served
continuously for one year, and
(b) By paying the
lump sum compensation to each
worker or employee of the amount of salary
calculated by multiplying the number of each year
of service performed at the Enterprise by the
amount of his present salary for 30 days.
Explanation: For the purposes of this Clause,
the work performed for at least six months in any
year shall be counted as one year of service.
(4) The provisions of Sub-section (3) shall not
applicable
to any worker or employee
appointed under contract
service.
(5) If anybody has to be engaged in the job of
worker or
employee retrenched
earlier, priority shall be given
to the retrenched workers
or employees.
Explanation:
For the purposes of Section 11 and 12
the "Special
Circumstance" shall mean damage, break
down or failure of
machines of the Enterprise and
thereby causing stoppage
in the production or failure
in the supply in fuel,
electricity, coal or similar
energy or due to any kind
of force majeure or
insufficient supply of
raw materials or stock piling
of the produced goods due
to loss of sale or other
similar situations.
13. Seasonal Enterprise:
(1) The workers or employees of a seasonal
Enterprise
shall not be deemed to be
on reserve during off-season
period.
(2) The beginning and closure of operation of
seasonal
Enterprise shall be
informed to the Labour Office.
(3) The worker or employee, who has continuously
served
for one year shall have
to be paid with at least
twenty five percent of
his remuneration as retaining
allowance for the period
of closure of a seasonal
Enterprise during
off-season.
(4) The decision of the Department of Labour
shall be
final in relation to any
dispute as to whether any
Enterprise is seasonal or
not.
14. Continuous Service of One Year:
Any worker or employee who has served for two hundred
and
forty days in a period of twelve months in any
Enterprise
or who has continuously worked during the entire period
of
operation in a season in any seasonal Enterprise shall
be
deemed to have continuously served for one year.
Explanation: While computing the period of
two hundred
and forty days, the public holidays and weekly holidays
shall also be counted.
15. Compulsory Retirement:
The Proprietor may compulsorily retire any worker or
employee who has crossed the age of fifty five years.
Provided that he may extend the period of service of
any
worker or employee by five years, in case the worker or
employee is indispensable for the operation of the
functions Enterprise.
CHAPTER - 3: Working Hours
16. Working Hours:
No worker or employee shall be deployed in work for
more
than eight hours per day or forty eight hours per week
and
they shall be provided one day as weekly holiday for
every
week.
17. Computation of Commencement of Working Hour:
The time for starting of week by worker or employee
shall
be as prescribed by the
Proprietor.
18. Intervals for Refreshment and Rest:
In any Enterprise where work may be interrupt, 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. In any Enterprise where works have to be
carried out continuously without interruption, such
intervals shall be provided on rotation basis. Such
interval of half an hour shall be deemed to have been
included within the daily working hours.
19. Extra Wages to be Provided:
(1) Where any worker or employee is engaged to
work for
more than eight hours in
a day or forty eight hours in
week, he shall be paid
overtime wages at the rate of
one and one-half time of
his ordinary rate of wages.
Provided that no worker
or employee shall be compelled
to work overtime.
(2) While deploying any worker or employee to
work
overtime, generally the
duration shall not exceed four
hours per day and twenty
hours per week.
20. Attendance Register to be Kept:
Each Enterprise shall keep attendance register of its
workers and employees.
CHAPTER - 4: Remuneration
21. Minimum Remuneration Fixation Committee:
(1) His Majesty's Government shall fix the
minimum
remuneration of workers
or employees of Enterprise on
the recommendation of
Minimum Remuneration Fixation
Committee and the notice
of such fixation shall be
published in Nepal
Gazette.
(2) For Fixation of remuneration, His Majesty's
Government
shall constitute a
Minimum Remuneration Fixation
Committee consisting of
the equal number of the
representatives of
workers or employees, Proprietors
and His Majesty's
Government.
(3) The Minimum Remuneration Fixation Committee
constituted as per
Sub-section (2) may submits its
recommendation also in
related to annual increment
rate of remuneration,
dearness allowance or other
facilities to His
Majesty's Government.
(4) The powers, functions and duties of the
Committee to
be constituted pursuant
to Sub-section (2) shall be as
prescribed.
(5) The rate of minimum remuneration fixed
pursuant to
this Section shall not be
effective earlier than two
months from the date of
its publication in the Nepal
Gazette.
(6) Where the Minimum Remuneration Fixation
Committee
could not be constituted
or, where it could not submit
its recommendation after
being constituted, nothing
mentioned in the
foregoing Sub-section shall be deemed
to have prevented His
Majesty's Government from fixing
the minimum remuneration
of the workers or employees
of Enterprise.
(7) No agreement shall be entered into between
Proprietor
and worker or employee in
a way fixing the salary at
a figure below the
minimum prescribed by His Majesty's
Government under
Sub-section (1).
22. Payment of Remuneration:
It shall be the responsibility of the Proprietor to
provide
the remuneration to the workers or employees of the
Enterprise.
23. Period of Remuneration:
The Proprietor may fix the period of payment of
remuneration to the workers or employees on weekly,
fortnightly or monthly basis in way not exceeding the
period of one month.
Provided that this provision shall not apply in respect
of
the persons who are working on daily wages, piece-rate
or
contract basis.
24. Prohibition on Deduction on salary:
(1) The remuneration of workers or employees
shall not be
deducted expect under the
following circumstances :-
(a) In case it is
required to realise any fine;
(b) In case it is
required to deduct against absence;
(c) In case it is
required to deduct against loss or
damage of cash or kind of the Enterprise caused
intentionally or negligently;
(d) In case it is
required to deduct in respect of
providing prescribed facilities;
(e) In case it is
required to deduct in respect of
advance or over payment of remuneration.
(f) In case it is
required to deduct in respect of
period of suspension;
(g) In case it is
required to deduct under the order
of government office or court;
(h) In case it is
required to deduct as per the
notification of His Majesty's Government
published in the Nepal Gazette; or
(i) In case it is
required to deduct in respect of
income tax or any other tax lived under
prevailing laws.
(2) The limit of amount to be deducted as per
Sub-section
(1), the method of
deduction, the period of deduction
and other related matters
shall be as prescribed.
25. Petition may be filed Against Undue Deduction or Delay in
Payment:
(1) Expect where remuneration had not been paid
in time by
mistake, or due to not
fixation of the amount of
remuneration, or due to
occurrence of an unexpected
incident or any other
special reasons, or if the
worker or employee
himself has failed or disagreed to
receive the remuneration,
the concerned worker or
employee either himself
or through his legal
representative may file a
petition at the Labour
Office against such
activity of the improper deduction
of remuneration or delay
in payment.
(2) The petition as per Sub-section (1) shall
have to be
failed within six months
from the date of such
deduction or delay in
payment.
(3) Upon investigation on such petition filed
under Sub-
section (1), if it gets
proved that the remuneration
has been improperly
deducted or delayed, the Labour
Office may issue an Order
directing to pay such
remuneration to the
concerned worker or employee and
compensation of an amount
upto three times or the
amount in default.
(4) If the petition under Sub-section (1) is to
proved to
have been filed with
malafide intention or with
intention to give
unnecessary trouble to the
Proprietor, the Labour
Office may order the petitioner
to pay the Proprietor a
compensation of upto one
thousand rupees.
(5) The Labour Office may realize the amount to
be paid
under its Order issued as
per Sub-section (3) or (4)
like the governmental
dues and them over to the
concerned party.
26. Appeal:
The party dissatisfied with the Order issued as per
Sub-
section (3) or (4) may file an appeal to the Labour
Court
within thirty five days of the receipt of information
of
such order and the decision of the Labour Court shall
be
final.
CHAPTER - 5: Health and Safety
27. Provisions Relating to Health and Safety:
The Proprietor shall make the arrangements in the
Enterprise as mentioned below :-
(a) To keep each Enterprise clean and tidy by
cleaning
daily including with
germicidal medicines, necessary
arrangements of proper
drainage and colouring from
time to time and
preventing from odour;
(b) To make arrangements for adequate supply of
fresh air
and light as well as
proper temperature in the working
room;
(c) To make arrangements of removal and disposal
of solid
waste during production
process;
(d) To make arrangements of prevention of
accumulation of
dust fume vapour and
other impure materials in working
rooms which would
adversely affect the health;
(e) To male arrangements of necessary preventive
personal
devices for protection of
health from adverse effects
of noise emanating during
work process or from any
other source, and make
provisions which would produce
less noise during the
work process;
(f) To avoid any congestion in the work-room or
work place
leading to injurious to
the health of workers or
employees and to avail
working space to each worker or
employee, according to
the nature of job, or normally
fifteen cubic meters and,
the height above four meters
from the floor surface
shall not be counted for such
purposes.
(g) To make provisions for sufficient of pure
potable
water during the
working hours, and to make
arrangement for
sufficient water in the enterprise
where chemical
substances, are used or produced which
may be injurious to the
health, for the purpose of
extinguishing fire or
washing and cleansing during
emergency situations;
(h) To make provisions for separate modern type
toilets
for male and female
workers or employees at convenient
place;
(i) To declare as non-smoking zone in all or some
parts of
the Enterprise, according
to the nature of its works;
and
(j) To cause to conduct compulsory health
check-ups of the
workers or employees once
every year in the
Enterprises where the
nature of works is likely to
affect the health
adversely.
28. Protection of Eyes:
(1) Necessary protective means shall have to be
arranged
for the protection of
eyes of the workers or employees
from injuries likely to
be caused by dust or pieces
while working in the
Enterprise using glass, mercury,
magnet, pallets, iron,
concrete, cement, lime, stone
and explosive substances.
(2) Necessary protective devices shall have to be
arranged
to protect the eyes from
harmful rays coming from
during the process of
welding or gas-cutting, or other
similar works.
29. Protection from Chemical Substance:
The Proprietor shall have to make provisions for
necessary
personal protective devices for the protection of
workers
or employees handling chemical substances.
30. Provisions for Safety Against Fire:
(1) The Proprietor shall have to make
arrangements for
necessary modern
equipment for safety against fire in
each Enterprise.
(2) Provision shall have to be made for easy exit
from the
Enterprise during
emergency.
(3) Other Provisions to be made by the Enterprise
in
relation to safety from
fire including fire fighting
devices shall be as
prescribed.
31. Hazardous Machines to be fenced:
(1) Strong or every parts of fences shall have to
be
placed around hazardous
machines, instruments and
equipment operated by
energy.
(2) In case it is required to do inspecting,
lubricating
or adjusting any part of
hazardous machines during its
running condition, only
experienced and well trained
adult worker or employee
shall have to be engaged to
perform such works.
32. In relation to Lifting of Heavy Weight:
(1) No worker or employee shall be engaged in the
works of
lifting, loading or
transporting any load likely to
cause physical injury or
harm to the health.
(2) The maximum load to be lifted, loaded or
transported
by an adult, minor, male
or female workers or
employees shall be as
prescribed.
33. Pressure Plants:
(1) In case a machine has to be operated at a
pressure
more than the atmospheric
pressure in course of the
productions process of
any Enterprise, necessary
effective measures shall
have to be adopted in a way
that such machine will
not be operated at a pressure
heavier than safe working
pressure.
(2) Provisions in relating to testing, certifying
and
licensing for the
operation of the machines mentioned
in Sub-section (1) shall
be as prescribed.
34. Orders to Provide Safety:
(1) In the situation where no provision of safety
has not
been made which was
required to be done as per this
Act, in any Enterprise,
the Labour Office may issue a
written order to the
Enterprise giving a reasonable
time limit in order to
provide and make necessary
arrangements thereon
within such period.
(2) If the order issued as per Sub-section (1)
has not
been followed the Labour
Office may order the closure
of such portion, plant or
machinery or the Enterprise
and it shall be the duty
of the Enterprise to abide by
such order.
35. Notice to be Provided:
(1) Each Enterprise shall have to inform the
Labour Office
within three days if any
worker or employee dies or is
injured making him
disabled to work for more than
forty eight hours, from
an accident occurred in the
Enterprise or for any
other reason, and within seven
days if such worker or
employee has been caught by any
disease resulting from
the profession.
(2) The authority empowered to investigate the
accident or
disease mentioned in the
information given pursuant
Sub-section (1), his
powers, functions,duties and the
procedures relating
thereto shall be as prescribed.
36. Powers to Determine the Standards:
(1) His Majesty's Government may prescribe the
standards
of safety required under
this chapter as per necessity
by publishing a notice in
Nepal Gazette.
(2) Except those mentioned in Sub-section (1),
other
provisions relating to
health and safety to be adopted
while using machinery,
instruments or equipment in the
Enterprise shall be as
prescribed.
CHAPTER - 6: Welfare Provision
37. Welfare Fund:
The Enterprise shall have to establish a Welfare Fund,
as
prescribed for the welfare and benefit of the workers
and
employees.
38. Compensation:
In case any worker or employee of the Enterprise is
physically wounded or seriously heart or dies in course
of
his work, the compensation shall be paid to him or to
his
family, as prescribed.
39. Gratuity, Provident Fund and Medical Expenses:
The gratuity, provident fund and facilities relating to
medical expenses to be provided to the workers and
employees shall be as prescribed.
40. Leave:
The public holidays, sick leave, annual leave,
maternity
leave, obsequies leave, special leave, paid and unpaid
leave, etc. to be enjoyed the workers and employees of
each
Enterprise shall be as prescribed.
41. Provision of Quarters:
(1) The Proprietor shall each year allocate not
less than
five percent of the gross
profit of the Enterprise to
provide healthy quarters
for the workers or employees
and shall gradually build
such quarters.
(2) A separate fund shall have to be maintained
for
depositing such amount
allocated pursuant to Sub-
section (1).
(3) The operation of the fund as mentioned in
Sub-section
(2) shall be as
prescribed.
42. Provisions Relating to Children:
(1) Where fifty or more female workers or
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 or
employees.
(2) A trained nurse, including some necessary
toys, shall
also be arranged for the
children as mentioned in Sub-
section (1).
(3) The female workers or employees shall be
provided
time, as necessitated, to
feed their suckling babies.
43. Relaxing Room:
Where fifty or more workers and employees are engaged
at
work the Proprietor of the Enterprise shall have to
make
provisions for relaxing room with minimum amenities.
44. Canteen:
Where fifty or more workers and employees are engaged
in
work at one time the Proprietor of the Enterprise shall
have to make provisions for a canteen.
CHAPTER - 7: Special Provisions to be Applicable to
Special Type of
Enterprise.
45. Tea - Estate:
(1) The special provision mentioned as below
shall be
applicable in respect of
the tea estates :-
(a) Formation of
Committee:
His Majesty's Government may constitute, as
prescribed, a Committee to provide necessary
advice on promotion, policy formulation and other
related matters in respect of the tea estates.
(b) Provision of
quarter:
The Proprietor shall have to make arrangements
for appropriate quarters within the tea-estate
for the workers who do not have their residence
nearby.
(c) Provisions of
Primary Health Care:
The Proprietor shall have to establish a Primary
Health Care Center under the responsibility of a
trained employee in order to provide free primary
treatment of minor injuries to the workers and
employees engaged within the tea-estate and the
members of their family.
(d) Safety Devices:
The Proprietor shall have to provide safety
devices and equipment required for personal
protection of the workers of the tea-estate.
(e) Provisions of
Primary School:
The Proprietor of a tea-estate shall run a
primary school if there are fifty or more
children of age between five and fourteen years,
receiving primary education, of the workers
residing in the quarters provided by the tea-
estate and in case there is no school within a
distance of one kilometer from the tea-estate.
(f) Daily Consumer
Goods:
The Proprietor shall have to arrange to make the
daily consumer goods easily available to the
workers and employees, if there no market near
the tea-estate.
(g) Provision for
Entertainment:
The Proprietor shall have to make necessary
arrangements for appropriate sports facilities
within the tea-estate for physical and mental
development of the workers of the tea-estate.
(h) To get the
works done on contract:
This Section shall not be deemed to prevent from
entering into agreement between the Proprietor
and the workers of the tea-estate in respect of
doing certain specified works of the tea-estate
under contract.
(2) For the purpose of this Section :-
(a)
"Tea-estate" means tea-estate registered under
prevailing laws with commercial objective and
this word shall also include the factory if
established therein.
(b) "Worker of
tea-estate" means any person engaged
in the tea-estate for digging, ploughing,
levelling, picking, spraying, sowing, cutting,
reaping, plucking, derooting and doing other
similar works and this word also include any
person engaged for cleaning any house, land or
machinery or its parts inside the tea-estate or
any person doing any other works related to the
tea-estate.
46. Construction Business:
The following special provisions shall apply in respect
of
the construction business :-
(a) Provisions for Construction Tools:
The Proprietor shall have
to avail from its own side
all necessary tools and
material in sufficient
quantity for the workers
engaged in the construction
works at construction
site.
Explanation:
For the purpose of this Section,
"construction
work" means the construction work of
building, road, bridge,
canal, tunnel, internal or
interstate waterways or
railways, or installing of
telecommunication
equipment or machine including those
of electricity, telephone
or telegraph or other works
relating to construction.
(b) Special Arrangements at Temporary
Construction Sites:
At the temporary
construction work sites, where fifty
or more workers are
engaged, the Proprietor shall have
to make arrangements for
quarters, food stuffs,
drinking water, etc. for
the workers who do not have
residence nearby.
(c) Accident
Insurance:
The proprietor shall have
to insure all workers
engaged in the
construction site against accident in
the way as prescribed.
(d) Safety Arrangements:
(i) The Proprietor
shall have to make necessary and
adequate arrangements of safety at the sites of
construction works.
(ii) The proprietor shall
have to arrange of personal
protective equipment necessary for the workers
engaged in construction works.
47. Transportation Business:
(1) The following special provisions shall apply
in
respect of the
Transportation Business :-
(a) Working Hours:
(i) The worker and employee of the transport
vehicle may be deployed in work till
reaching the destination.
Provided that in a passenger transport
vehicle operating in a long distance route,
at least two drivers shall be engaged to
drive it alternately.
Explanation: For the purpose of this
section, "Long distance" means a distance of
upto 250 kilometers in case of vehicle
operating at night and, in case of day time
vehicle, a distance to be covered within at
least ten hours.
(ii) The driver of a vehicle transporting animals
or goods and operating in the long distance
route shall be allowed to take rest at
several places before reaching the
destination.
(b) Trip Allowance:
In case worker or employee of the transportation
service is engaged for more than eight hours, he
shall be paid overtime at the rate of one and
one-half times of his present amount of salary.
Provided that if the worker or employee engaged
in a operating vehicle is paid with any trip
allowance, fooding allowance or any such other
allowance, he shall not be entitled to receive
the overtime allowance under this Section.
(c) Fifty percent
Allowance to be received during
Breakage or Waiting Period:
In case any worker or employee engaged in
operating vehicle has been stayed idle due to
breakage of the vehicle before reaching
destination or while the vehicle had been waiting
for its turn, such person shall receive fifty
percent of the allowance payable during the
operating time of the vehicle.
(d) Accident
Insurance:
The Proprietor shall insure all workers and
employees engaged in the vehicle operating
against accident in the manner as prescribed.
(e) First Aid
Materials:
The operator of transportation business shall
keep sufficient medicines and materials of first-
aid treatment in each vehicle.
(f) Prohibition of
Consumption of Alcoholic Drinks:
(i) No worker or employee in any vehicle used
for transportation of passengers, animals or
goods shall consume alcoholic drinks before
driving of the vehicle till reaching to the
destination.
(ii) In case a vehicle is operated by any worker
or employee after consuming alcoholic drink,
the Proprietor may, on charge of
misdemeanour, dismiss from the service.
Provided that the concerned worker or
employee shall be provided with an
opportunity to defend himself before
dismissing him from service.
(iii) Any person aggrieved by the order issued
under Sub-clause (ii) may appeal in the
Labour Court within thirty five days from
the receipt of notice of dismissal from
service.
(g) Commission
Agent:
The facilities under this Act shall not be
provided to Commission Agent engaged in bookings
or carriage of goods who is not registered in the
Register of the transportation Enterprise.
(h) Change in
Ownership:
In case the transport vehicle is sold or there is
change in ownership and if it is deemed necessary
to terminate the services of any permanent worker
or employee who has completed one year continuous
service, the transportation businessman, may
terminate the service on payment on compensation
and privileges payable under this Act, including
such additional compensation as may be available
pursuant to mutual agreement entered into or
understanding reach between the Proprietor and
the worker or employee.
(2) For the purposes of this Section,
"transportation
business" means a
transport service engaged in
carriage of passengers,
animals or goods from one
place to another taking
rents in a vehicle operated by
means of mechanical
device.
48. Business of Hotel, Travel, Trekking, Adventure, Rafting,
Jungle Safari etc:
The following special provisions shall apply in respect
of
the business of hotel, travel, trekking, adventure,
rafting, jungle safari etc. :-
(a) Females may be engaged in work:
Females may be deployed
in works in a hotel or travel
agency at any time by
making special arrangements of
safety according to the
nature of works.
(b) Safety of Workers or Employees engaged in
Trekking or
Rafting:
(i) The Proprietor
shall compulsorily have to make
arrangements, as per necessity, for personal
protective equipment and necessary clothing,
shoes and other articles for protection of health
of the workers or employees engaged in trekking,
rafting or other adventures sports.
(ii) It shall be the
responsibility of the concerned
Proprietor to rescue or cause to rescue operation
as may be required.
(c) Accident Insurance:
The proprietor shall
insure all workers or employees
engaged in trekking,
rafting, jungle safari or other
adventure sports against
accident in the way as
prescribed.
(d) Payment of Field Allowance etc.:
The Proprietor shall have
to provide field allowance,
fooding allowance or
other similar allowance while
sending workers or
employees engaged in trekking,
rafting or other similar
adventure sports to the
working place and in case
such allowance have been
provided no additional
overtime shall be paid as
provided in this Act.
(e) Provisions for First Aid:
The Proprietor shall have
to avail adequate supply of
medicines and materials
of first-aid while sending the
workers or employees
engaged in trekking, rafting or
other adventure sports to
the work sites.
49. Applicability of other Provisions:
The provisions of this Act and the Rules made hereunder
shall also be applicable in respect of the Enterprises
mentioned in Section 45, 46, 47 and 48, in addition to
the
provisions specified in this chapter.
CHAPTER - 8: Conduct and Punishments
50. Type of Punishments:
The Proprietor may punish any worker or employee
performing
misconduct with any of the following punishments.
(a) To reprimand,
(b) To withheld annual grade increments,
(c) To suspend, or
(d) To dismiss from service.
51. Misconduct:
For the purpose of Section 50, the following conduct of
the
worker or employee shall be deemed as misconduct :-
(a) In case of any bodily harm or injury or
fetters,
detains or imprisonment
is caused to the Proprietor,
Manager or Employee of
the Enterprise with or without
use of arms or injury or
causes any violence or
destruction assault
within the Enterprise in
connection with the
labour dispute or on any other
matter;
(b) In case he creates or causes to create any
stir within
the Enterprise with an
intention or affecting the
production process or
service works of the Enterprise,
or prevents the supply of
food and water, or
connection of telephone
and electricity, or obstructs
the entry into or
movement within the Enterprise;
(c) In case he steals any property of the
Enterprise or
acts dishonestly in the
transaction of the Enterprise
in its business;
(d) In case he accepts or offers brides;
(e) In case he is imprisoned on being convicted
on a
criminal offence
involving moral turpitude;
(f) In case he participates or compels any other
person to
participate in any
authorised strike or in a strike
which is declared
illegal;
(g) In case he strikes without fulfilling the
legal
requirements or works
slow intentionally against
interests of the
Enterprise;
(h) In case he destroys intentionally any
property of the
Enterprise, or causes
damage thereon or takes and uses
it outside the Enterprise
or gives its use to
unauthorised person
without permission of the
competent person;
(i) In case he frequently violates intentionally
the
orders or directives
issued under this Act or the
Rules made hereunder, or
the Bylaws made by the
Enterprise, or misbehaves
with the customers of the
Enterprise;
(j) In case he remains absent from the work
frequently
without obtaining
permission or comes late after the
regular time;
(k) In case he come to the duty after consuming
alcoholic
drinks or consumes such
drinks during the work-hour;
(l) In case he performs any activity with a
motive of
causing damage to secrecy
relating to special
technology of the
Enterprise;
(m) In case he abuses any training which has been
kept for
the interest, health and
safety of the workers or
employees or causes
damage to them intentionally.
52. Punishment:
(1) Any worker or employee, who commits any
misconduct as
mentioned in Clauses j,
k, l or m of Section 51,may be
reprimanded.
(2) Anyone who commits any misconduct as
mentioned in
Clauses f, g, h, or i of
Section 51, may be punished
withhelding the annual
grade of salary.
(3) Anyone who commits any misconduct as
mentioned in
Clause b, c, or d of
Section 51, may be suspended for
upto three months.
(4) Anyone who commits any misconduct mentioned
in Clause
a or e of section 51, may
be dismissed from the
service.
(5) Any worker or employee, who has been punished
twice
for any offence of
misconduct according to Sub-
sections 1, 2 or 3
commits again the same offence may
be dismissed from the
service.
53. Procedures:
(1) Before awarding any punishment under Section
52, any
worker or employee, who
is permanent or has served
continuously for one
year, shall be served a notice,
mentioning the facts of
the misconduct committed by
him and the type of
punishment that may be awarded to
him if proven, together
with an opportunity to submit
his explanation within
five days in case of punishment
under Clause (a) of
Section 51 and within seven days
in case of punishment
under other Clauses.
(2) If he does not submit an explanation with the
period
specified under
Sub-section 1 or if the explanation
submitted by him his not
satisfactory, he may be
punished according to
Section 50 for the offence of
misconduct.
(3) If the notice send to the concerned worker or
employee
is not accepted by him
or, in case of his absence, if
the notice is sent by
post under registered post at
his address and a copy of
such notice is kept in the
public notice board of
the Enterprise, and the service
document is prepared on
the witness of at least three
person and if a copy of
such notice is also provided
to the concerned Labour
Office, the concerned worker
or employee shall be
deemed to have been duly provided
of such notice.
54. Department of Labour may dismiss from service:
(1) The Department of Labour may dismiss from
service any
worker or employee who
causes violence illegally in
any Enterprise, other
than his Enterprise or in any
government office, or if
he directly or indirectly
encouraged others to do
so.
(2) in case any worker or employee has to be
dismissed
pursuant to Sub-section
(1), the procedures as laid
down in Section 53 shall
have to be followed.
55. Misconduct of Proprietor or Manager:
(1) If the Proprietor or Manager commits any of
the
following acts, it shall
be deemed as misconduct :-
(a) In case he
contravenes or disobeys this Act or
the Rules made hereunder or any order or
directive issued thereunder;
(b) In case the
Enterprise is closed or the workers
or employees are retrenched in contravention of
this Act;
(c) In case a
lock-out declared illegal is continued;
(d) In case any
worker or employee is assaulted or
manhandled; or
(e) In case he
performs any activity to incite or
provoke the workers or employees in order to
create dissension or enmity among the workers or
employees.
(2) If any act of misconduct mentioned in Clauses
(a), (b)
or (c) of Sub-section (1)
is proved to have been
committed, His Majesty's
Government may punish the
concerned Proprietor with
a fine from one thousand
rupees upto five thousand
rupees.
(3) If any act of misconduct mentioned in Clause
(d) or
(e) of Sub-section (1) is
proved to have been
committed, the Labour
Office may punish with a fine
upto one thousand rupees
or may cause to pay
reasonable compensation
to the aggrieved worker or
employee.
56. Punishment for Obstruction to Government Employee:
In case any person obstructs to any government employee
engaged in any function under this Act, or refuses to
submit any Register Book or any document required to be
submitted to him, or fails to produce or presents to
the
examination of any worker or employee ordered to be
produced or examined by him, the Labour Office may
punish
such person with a fine five hundred upto two thousand
rupees.
57. Other Penalties:
Excepts those punishments as provided in other Sections
of
this Act, any person contravening any other matter
mentioned in this Act or the Rules made hereunder or
the
written order or directives issued thereunder, the
Department of Labour may punish, for each offence and
according to the gravity of such offence, a fine from
one
thousand upto five thousand rupees, and if such offence
is
committed again after it is proven, he may be punished
with
an additional one hundred rupees for each of such
offence,
except those punishment as mentioned in other section
of
this Act.
58. Quashing of Illegal Acts:
Except as provided to the contrary in this Act or in
the
rules made hereunder, if any activity contrary to this
Act
or the Rules made hereunder has been performed such
activity shall be quashed by the order of the
Department of
Labour.
59. Instituting of Case and Limitation:
(1) Any case relating to the offence punishable
under this
Act may be instituted
only on the complaint lodged by
the Labour Office or a
person authorised by such
office.
(2) Any case relating to the offenses punishable
under
this Act shall have to be
instituted within three
months thereof.
Provided that the case
relating to non-compliance of
an order issued by
Department of Labour or Labour
Officer or Factory
Inspector under this Act may be
instituted within six
months from the date of
commitment of such
offence.
(3) In case any particular authority of
punishment has
been specified under
Various Section of this Act in
respect of trail of any
offence committed under this
Act, the case relating to
such offence shall be lodged
before such authority
and, excepting thereto, all
other cases relating to
other offence lodged before
Labour Court.
60. Appeal:
Any party not satisfied with any punishment awarded
under
this Chapter may file an appeal within thirty five days
from the date of such punishment or receipt of order in
the
following manner :-
(a) At the Appellate Court against the orders of
His
Majesty's Government or
Department of Labour;
(b) At the Appellate Court in respect of the case
tried
and decided in original
jurisdiction by the Labour
Court;
(c) At the concerned Labour Court in respect of
the
punishment or order given
by the Proprietor or other
office or Authority.
61. Realizations of Fines:
Fines, Punishments awarded under this Act shall be
realized
in the manner as governmental dues under prevailing
laws.
CHAPTER - 9: Committee, Officers and Other
Provisions
62. Central Labour Advisory Board:
(1) His Majesty's Government may constitute a
Central
Labour Advisory Board
consisting of representatives
from workers or
employees, Proprietors and His
Majesty's Government to
receive necessary opinion and
advice in relation to
formulating policies and
drafting of laws with
regards to labour.
(2) The method of composition of Board pursuant
to Sub-
section (1) its powers,
functions and duties shall be
as prescribed.
(3) The Board itself may regulate the procedures
of the
meeting itself.
63. Labour Relation Committee:
(1) The Proprietor shall have to constitute a
Labour
Relation Committee in
each Enterprise in order to
create amicable
atmosphere between the workers or
employees and the
management and develop healthy
labour or industrial
relation on the basis of mutual
participation and
co-ordination.
(2) The method of composition of the committee
pursuant to
Sub-section (1), its
powers, functions and duties
shall be as prescribed.
(3) The Committee constituted as per sub-section
(1) may
regulate its own
procedures.
64. Appointment of Labour Officer:
His Majesty's Government by publishing a notice in the
Nepal Gazette may appoint one or more Labour Officers,
as
per necessity or designate any other officer to perform
the
functions of a Labour officer for one region.
65. Powers of Labour Officer:
(1) The Labour Officer shall have the following
powers :-
(a) To enter into
the premises of the Enterprise as
per necessity;
(b) To examine the
documents and registers of the
Enterprise relating to Workers and Employees;
(c) To function or
advise as per necessity for
improving labour relations;
(d) To attempt for
solving disputes arising between
workers or employees and the Proprietor;
(e) To implement
welfare provisions, if it does not
exist and where exist, to supervise whether or
not it is operated property;
(f) To supervise
the implementation of minimum
remuneration prescribed by His majesty's
Government.
(g) To record
statement, of anybody to fulfil the
objectives of this Act, as per necessity;
(h) To perform
tasks of the Factory Inspector in his
absence, except technical tasks; and
(i) To perform
other tasks as per the directives of
His Majesty's Government and Department of
Labour.
(2) Other powers, functions and duties of the
Labour
Officer shall be as
prescribed.
66. Appointment of Factory Inspector:
His Majesty's Government may, by publishing a notice in
Nepal Gazette, appoint one or more Factory Inspector,
as
per necessity for one region or may appoint one Chief
Factory Inspector for whole of the Kingdom of Nepal.
67. Powers of the Factory Inspector:
(1) The Factory Inspector shall have the
following powers
:-
(a) To enter into
the premises of the factory as per
necessity;
(b) To examine
building, land, plant, machine, health
and safety features of the factory, to collect
the samples of finished or semi-finished
materials used in the factory and to examine them
or caused to be examined, to inspect the
registers and documents relating to the factory
and, if necessary, to record statements of any
person, as per necessity;
(c) To examine the
boilers and pressure vessels and
to permit the operations thereof;
(d) To provide the
necessary advice and assistance to
the Proprietor on making arrangements of training
of workers or employees;
(e) To exercise the
powers, functions and duties of
the Labour Officer during his absence; and
(f) To perform
other tasks as per the directives of
His Majesty's Government and Department of
Labour.
(2) Other power, functions and duties of the
Factory
Inspector shall be as
prescribed.
68. Welfare Officer:
(1) One Welfare Officer shall have to be
appointed in
Enterprise where two
hundred fifty or more workers or
employees are engaged and
one additional Assistant
Welfare Officer shall
have to be appointed where there
are more than one
thousand workers or employees.
(2) In the Enterprise where there are less than
two
hundred fifty workers or
employees the Proprietor may
designate or appoint any
officer of the Enterprise as
the Welfare Officer.
(3) Where the Welfare Officer and Assistant
Welfare
Officer are appointed as
per Sub-section (1) the
Department of Labour
shall be informed of such
appointment.
(4) The powers, functions and duties of the
Welfare
Officer and Assistant
Welfare Officer appointed or
designated as per
Sub-section (a) of (1) shall be as
prescribed.
69. Notice to be provided of establishment of Enterprise:
(1) If any Enterprise is to be established or
constructed
or expanded in any
building or land, the Proprietor
shall submit the
particulars to that effect as
prescribed, to the Labour
Office.
(2) The concerned Labour Office may after
examination of
the particulars received
as per to Sub-section (1), if
deemed necessary to make
certain changes on the
particulars in view of
health, safety and environment,
direct the Enterprise to
do so and it shall be the
duty of the concerned
Proprietor to follow the such
directive.
70. Information to be provided by Proprietor:
(1) The Proprietor shall inform in writing the
concerned
Labour Office including
with the prescribed
particulars, fifteen days
in advance where any new
house or land has to be
possessed or used by an
Enterprise.
(2) The Proprietor or Manager shall inform the
Labour
Office within seven days,
from the data of assuming
his office for the first
time.
71. Notices and Posters:
The Labour Officer or Factory Inspector may issue
directives to the Proprietor or Manager of the
Enterprise
to display the notices and posters relating to health,
safety and welfare provisions of the workers as
provided in
this Act or the Rules made hereunder at places in an
easily
readable and understandable manner.
CHAPTER - 10: Settlement of Labour Dispute
72. Establishment of Labour Court:
(1) His Majesty's Government shall, establish
Labour Court
by publishing a notice in
Nepal Gazette. The
jurisdiction and the
location of such court shall be
prescribed in such
notice.
(2) The procedure of the Labour Court constituted
under
Sub-section (1) shall be
as prescribed.
(3) Notwithstanding anything contained in
Sub-section (1)
and (2) until the
constitution of the Labour Court,
all functions to be
performed by the Appellate Court.
73. Procedures Relating to Personal Claims or Complaints:
(1) If any one or more workers or employees have
any
personal claim or
complaint against Proprietor
relating to the service,
the concerned worker or
employee may file it in
writing with the concerned
Proprietor.
(2) Upon receipt of the claim or complaint as per
Sub-
section (1), the
Proprietor shall have to discuss on
it with the concerned
worker within fifteen days and
settle the problem.
(3) If the problem could not be solved through
the
discussion held as per
Sub-section (2), the worker or
employee may file a
petition at the concerned Labour
Office specifying clearly
their claims.
(4) The Labour Office shall held a discussion
between
Proprietor and the
workers or employees and solve the
dispute, within fifteen
days of the receipt of a claim
pursuant to Sub-section
(3).
(5) The Chief of concerned Labour Office shall
have to
decide on the dispute
within seven days in case the
problem could not be
solved as per Sub-section (4).
(6) Any of the parties may, appeal to the Labour
Court
within thirty five days
from the date of receipt of
notice of the decision
made as per Sub-section (5).
74. Procedures Relating to Submission of Claims of Collective
Dispute:
(1) The claim relating to collective right,
interest or
privilege shall have to
be presented in writing to the
concerned Proprietors
signed by at least fifty one
percent of the concerned
workers or employees and in
the claims their
representatives shall have to be
nominated and the claim
shall be presented through
such representatives.
(2) Upon receipt of the claim relating to dispute
as per
Sub-section (1), the
Proprietor shall hold bilateral
discussion with the
representatives as mentioned in
the same Sub-section and
solve the dispute within
twenty one days and shall
enter into an agreement.
(3) If the dispute could not be solved as per
Sub-section
(2), the dispute shall be
solved within fifteen days
by holding bilateral
discussion in the presence of
Labour Office.
(4) If the dispute could not be solved through
the
bilateral discussion held
as per Sub-section (3), the
dispute may be referred
to a mediator appointed, with
mutual consent of
Proprietor and the workers and
employees, or if no such
mediator could be appointed,
to a tripartite committee
constituted, with consent of
both parties, by His
Majesty's Government having equal
representation from the
workers or employees, the
Proprietor and the
government.
(5) The mediator or the committee appointed as
per Sub-
section (4) shall decide
the dispute within fifteen
days.
(6) Any parties if not satisfied with the
decision made
pursuant to Sub-section
(5), may appeal to His
Majesty's Government
within thirty five days from the
date of receipt of notice
of the decision.
75. Prohibition to Claim:
Notwithstanding anything mentioned here above, the
following demand or claim shall not be allowed to
submit :-
(a) Which is contrary to the Constitution of the
Kingdom
of Nepal;
(b) Which would affect other's interest due to
being based
on untestified or
baseless allegation;
(c) Matter which is prejudicial to the personal
conduct of
any worker or employee;
(d) Matters unrelated to the Enterprise;
and
(e) Where a period of two years has not elapsed
since the
date of last collective
agreement.
76. Notice of Strike to be provided:
In case the demand are not solved through the process
mentioned in Sub-section (3) of Section 74 and the
workers
and employees wish strike in the Enterprise, a notice
in
writing stating the claims and their rationale,
including
with a resolution passed by at least sixty percent of
the
total workers through secret ballot, shall have to be
provided to the concerned Proprietor thirty days in
advance
and an information thereof shall also be given to the
Department of Labour, concerned Labour Office and the
local
administration and a strike may be started thereafter
only.
77. Lock Out:
(1) If a strike has been started or continued
without
giving prior notice as
mentioned in Section 76 or if
the collective dispute is
not solved through the
process mentioned in
Sub-section (3) of Section 74,
the Proprietor may
declare a lock-out of the
Enterprise after
submitting the justifications with
its rationale and
obtaining the approval of His
Majesty's Government.
(2) Before declaring a lock-out as per
Sub-section (1),
the Proprietor shall
issue a notice for the
information of all
workers seven days in advance
specifying the date of
effecting the lock-out and
announcing that the
Enterprise shall be locked-out if
the strike is not called
off.
(3) If there is a situation with possibility of
damage to
the Enterprise through
riot, violence, destruction,
etc. from the workers
during the strike the Proprietor
may cause lock-out even
without following the process
of Sub-section (1) and
(2). If a lock-out is made in
the Enterprise in such
situation, the Labour Office
and the Department of
Labour shall be informed about
the lock-out with reasons
within three days.
(4) His Majesty's Government may at any time
declare the
lock-out of an Enterprise
as void, in case it appears
irrational or it is
likely to cause a breach in law
and order conditions of
the country or it is contrary
to the economic interests
of the country.
78. Prohibition to Strike:
(1) Notwithstanding anything mentioned
hereinabove in this
Act, if any existing law
has prohibited the strike to
be done by workers or
employees, the workers or
employees of such
Enterprise shall not be entitled to
go on strike.
(2) Any employee appointed or deputed on the duty
of
control, security or
guard of any Enterprise shall
also not be entitled to
go in a strike.
(3) The employees prohibited to strike as per
Sub-section
(1) and (2) may submit
their genuine demands to the
Proprietor. If such
demands are not fulfilled and a
dispute has been created
His Majesty's Government
shall constitute a
Tribunal for solving it. The
decision of the Tribunal
shall be final and binding
upon both of the parties.
(4) No strike or lock-out may be done during the
proceeding under Section
74.
79. Legal Validity of Collective Agreement:
(1) Any agreement entered into between the
workers or
employees and the
Proprietor in respect solving the
dispute shall be deemed
to be of status equal to law
upon the concerned
parties and such agreement shall
have to be registered in
the Labour Office.
(2) An agreement registered as per Sub-section
(1) shall
be come to force from the
date of mentioned in the
Agreement, if such date
is mentioned therein, and if
no such date is mentioned
in the Agreement, it shall
come into force from the
date in which it is
registered in Labour
office. No demand in relation to
the provisions mentioned
in such agreement shall be
permitted to put again
for two years from the date of
its commencement.
80. Order may be issued to End the Strike:
If any strike announced to be commenced or already
commenced as per this Act or the Rules made hereunder
has
created an extraordinary situation, which is likely to
cause a breach in the law and order condition of the
country or would be contrary to the economic interest
of
the country, His Majesty's Government may issue an
order at
any time to end such strike or any strike commenced in
the
essential services prescribed by the prevailing law.
81. Termination of Lock-out Period:
Where any Enterprise has been locked-out, if the
workers or
employees are present for work or where the Proprietor
has
declared the ending of lock-out or where His Majesty's
Government has declared such lock-out as illegal as per
Section 77 or has ordered to end the strike under
Section
80, such lock-out shall be deemed to have been ended
from
the date of the declaration making it illegal or from
the
date so ordered.
82. Remuneration for the Period of Lock-out:
The remuneration for the period of lock-out declared
illegal shall have to be paid to the workers or
employees.
83. Special Provisions for Settlement of dispute:
(1) If His Majesty's Government deems that a
dispute
between workers or
employees and the Proprietor has
arisen or there is
possibility of arising His
Majesty's Government may
constitute a committee of one
or more persons, or
tripartite committee consisting of
representatives of the
Proprietor, the workers or
employees and His
Majesty's Government in order to
resolve the dispute. Such
committee may regulates its
own procedures.
(2) The decision of His Majesty's Government made
on the
report of committee
constituted as per Sub-section (1)
shall be final and
binding to both of the parties.
(3) The committee constituted as per Sub-section
(1) shall
have the powers of
examining the evidence and
witnesses, of requiring
the presence of witnesses and
requiring the production
of documents as per
prevailing laws similar
to court, in relation to the
dispute.
CHAPTER - 11: Miscellaneous
84. Special Powers of His Majesty's Government:
(1) Notwithstanding anything mentioned in this
Act, His
Majesty's Government may,
by publication of a notice
in Nepal Gazette, exempt
any Enterprise from
application of any
provision of this Act for a
specified period of time.
(2) His Majesty's Government may, by publication
of a
notice in the Nepal
Gazette, fix the minimum
remuneration and certain
facilities prescribed in this
Act in relation to the
Enterprises where less than ten
workers or employees are
working.
85. Powers to Remove obstacles:
In case any difficulty arises while executing this Act
His
Majesty's Government by publishing an order in Nepal
Gazette may remove such difficulties.
86. Powers to Frame Rules:
(1) His Majesty's Government may frame rules to
implement
the objectives of this
Act.
(2) Without prejudice to the generality of the
powers
conferred by Sub-section
(1), such rules particularly
may provide for any of
the following matters :-
(a) Matters
relating to the safety of the workers;
(b) Conducting of
operation of employment service;
(c) Condition
relating to overtime works;
(d) Conducting of
operation of training in order to
enhance the efficiency of workers and employees;
(e) Procedures
relating to Labour Court;
(f) Compensation to
be paid to workers and employees;
(g) Compilation of
statistics of workers and
employees;
(h) Compilation of
information to labour market;
87. Bylaws to be availed:
Each Enterprise shall have to send to the concerned
Labour
Office a copy of Bylaws framed by its in respect of
conditions of service of its workers and employees.
88. Provisions Relating to Enterprise owned by His Majesty's
Government:
With respect to the terms and conditions of service of
the
employees of the Enterprises owned wholly or partly by
His
Majesty's Government, the provisions of the Rules or
Bylaws
relating to the terms and conditions of services of the
concerned Enterprise shall apply and in respect of the
workers thereof, the provisions of this Act shall
apply.
89. Directive of His Majesty's Government:
(1) His Majesty's Government may issue necessary
directives to the
Proprietor for implementing the
objectives of this Act.
(2) His Majesty's Government may award a fine
from one
thousand to ten thousand
rupees to any Proprietor not
following the directives
issued as per Sub-section (1)
or may issue an order for
running the Enterprise by
making any other
arrangement in substitute of such
Proprietor.
90. Delegation of Authority:
His Majesty's Government may delegate the powers
conferred
to it by this Act to any Officer by publishing a notice
in
Nepal Gazette.
91. Prevalence of this Act:
This Act shall apply on matters mentioned herein and in
other the prevailing laws shall apply.
92. Repeal and Saving:
(1) The Factory and Factory Workers Act, 2016
(1959) is
repealed.
(2) All acts and proceeding performed or executed
under
the Factory and Factory
Workers Act, 2016 shall be
deemed to have been
performed or executed under this
Act.
The International Labour Organization is a United Nations specialized agency.