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Section 38
Supply of workers or employees
(1) The licensee shall supply the workers or employees required for the industry from Nepali citizens.
(2) The license holder, when filling workers or employees in accordance with sub-section (1), shall fill the positions by publishing an advertisement in public.
(3) According to sub-section (2), if Nepali workers or employees with such skills are not available for a technical position that requires certain special skills while publishing advertisements in public, the permit holder shall disclose the basis and reason thereof. Application should be made before.
(4) If it is found that Nepali workers or employees are not available for the industry after examining the application made in accordance with sub-section (3), the authority shall employ non-Nepali citizens for a maximum of seven years in case of specific type of skilled technical workers or employees and for a maximum of five years in case of other technical workers or employees. Can give approval to wear.
(5) Notwithstanding anything written elsewhere in this section, in the case of workers or employees involved with managerial level and state-of-the-art technology, the authority may give permission to employ non-Nepali citizens for a period longer than the period mentioned in sub-section (4). Explanation: For the purpose of this sub-section, "managerial level" means the person who takes the final decision in relation to the activities of an industry and the term also refers to a person appointed to the head position of any part or unit of the industry so as to exercise ultimate responsibility or authority in relation to the activities of the industry or related activities.< br> (6) The holder of the permit to employ non-Nepali nationals shall replace the Nepali nationals gradually as prescribed.