You are viewing the translated version of श्रम अदालतको गठन.
Section 151
Formation of Labor Court
(1) The Government of Nepal will publish a notice in the Nepal Gazette and constitute the required number of Labor Courts.
(2) Jurisdiction and jurisdiction of the Labor Court established in accordance with sub-section (1) shall be as specified in the notification.
(3) There will be a chairman and two members in the labor court.
(4) A sitting judge of the High Court or a person qualified to be a judge of the High Court shall be eligible to be the chairman or member of the Labor Court.
(5) The term of office of the chairman and members of the Labor Court shall be four years, except for the appointment of sitting judges of the High Court.
(6) The terms and conditions of service of the Chief Justice of the Labor Court shall be the same as that of the Judge of the High Court.
Labour Act,2048 (1992)
Preamble - 0
Chapter - 3
Section 10: Types of employment Section 11: Not to be employed without an employment contract Section 12: Establishment of employment relationship Section 13: Provisions related to trial period Section 14: The employment relationship will continue even if the ownership changes Section 15: The employment relationship will continue during the period of redundancy
Chapter - 6
Section 22: Foreigners may not be employed Section 23: Foreign nationals must obtain work permit to work in Nepal Section 24: Labor permit can be issued Section 25: Language of the contract Section 26: Remuneration can be taken in foreign currency Section 27: Wages, conditions and facilities of foreign workers and other provisions
Chapter - 9
Section 40: Weekly leave Section 41: Public Holidays Section 42: Substitute leave Section 43: Home leaveSection 44: Sick leaveSection 45: Maternity leave Section 46: Birth certificate must be submitted Section 47: Wages not to be paid Section 48: Kiriya leaveSection 49: Accumulation of leave Section 50: Calculation of years Section 51: Leave is not a right
Chapter - 11
Section 58: Can be employed through a supplierSection 59: Licensing requiredSection 60: The licensee must submit detailsSection 61: Liability of labor suppliersSection 62: Revocation, suspension or fine of licenseSection 63: Payment of wages and other benefitsSection 64: Liability of principal employerSection 65: Inspection, Supervision and ApprovalSection 66: Considered as a worker of the main employerSection 67: Cannot collect fee from labor
Chapter - 12
Section 68: should formulate a policy on safety and healthSection 69: Duties of Employers to WorkersSection 70: Duties of employers towards non-employeesSection 71: Duties of the responsible personSection 72: Duties of manufacturers, importers and suppliersSection 73: Duties of workersSection 74: Forming a Safety and Health CommitteeSection 75: Protection from actionSection 76: Stop work in case of immediate dangerSection 77: Giving instructions to stop workSection 78: Special provisions relating to occupational safety and healthSection 79: ReportingSection 80: Infectious disease control should be arrangedSection 81: To be used in simple workSection 82: Special provisions relating to the treatment of occupational diseasesSection 83: Able to give instructions
Chapter - 13
Section 84: Special Provisions Regarding Tea Plantation WorkersSection 85: Special provisions relating to construction workersSection 86: Special provisions relating to transport workersSection 87: Special Provisions Regarding Labor Related to TourismSection 88: Provisions relating to domestic workersSection 89: Provisions relating to seasonal establishmentsSection 90: Provisions related to establishments registered abroad and conducting business in Nepal
Chapter - 15
Section 93: Provisions relating to offices and inspectorsSection 94: Functions, Duties and Rights of the OfficeSection 95: Duties, Duties and Powers of InspectorsSection 96: Liability of inspector or employeeSection 97: Necessary assistance requiredSection 98: The report must be submittedSection 99: Office may directSection 100: Labor Audit to be doneSection 101: Can apply to appropriate office
Chapter - 16
Section 102: Formation of Central Labor Advisory CouncilSection 103: Functions, Duties and Powers of the CouncilSection 104: Vacancy of Council MemberSection 105: Provisions relating to Council MeetingsSection 105A: The State Government may form the State Labor Advisory CouncilSection 106: Determination of Minimum WagesSection 107: Minimum Wages Determination Committee
Chapter - 19
Section 116: Who can submit a collective demand claim Section 117: Negotiating in relation to collective demand claims Section 118: ReconciliationSection 119: Disputes to be resolved through arbitration Section 120: Able to establish labor arbitration tribunal Section 121: Can strike for settlement of collective dispute Section 122: Arbitrator's decision and collective agreement shall be binding Section 123: Special provision regarding submission of collective demand claim Section 124: LockoutSection 125: Can hold a sit-in or assembly Section 126: Non-violation of employment contract Section 127: Remuneration for the period of strike or lockout Section 128: No suit can be filed for damagesSection 129: Collective bargaining or agreement must be made in good faith
Chapter - 20
Section 130: Discipline and duty complianceSection 131: NASection 132: Do not commit sexual harassmentSection 133: Provisions relating to misconduct may be made in the RegulationsSection 134: SuspendableSection 135: Give an opportunity to come cleanSection 136: Punishing OfficerSection 137: Period to be decidedSection 138: Punishment can be commuted
Chapter - 21
Section 139: Security of employmentSection 140: Termination of employment of workers in temporary or functional employmentSection 141: Voluntary termination of employmentSection 141: Voluntary termination of employmentSection 142: Termination of employment due to lack of performanceSection 143: Termination of employment due to healthSection 144: Notice to be givenSection 145: Workers can reduceSection 146: Can be re-operatedSection 147: Compulsory RetirementSection 148: Facility PaymentsSection 149: Workers get first prioritySection 150: Certificate of work experience to be given
Chapter - 22
Section 151: Formation of Labor CourtSection 152: The decision of the majority is validSection 153: Powers of the Labor CourtSection 154: Actions can be taken in violationSection 155: Can demand bank guarantee or bondSection 156: Can order payment of interest amountSection 157: NegotiableSection 158: High Court to act as Labor CourtSection 159: To be sent to the body having jurisdictionSection 160: Procedure of the caseSection 161: Appeal to Supreme Court
Chapter - 23
Section 162: Complaints can be filedSection 163: as the department or office may decideSection 164: Labor Court can decideSection 165: AppealableSection 166: Decision to be implementedSection 167: Office to implement the decisionSection 168: Punishable if judgment, settlement or agreement etc. is not executed
Chapter - 24
Section 169: Section 170: fixing basic wages;Section 171: Special provisions relating to managers and managerial category workersSection 172: Getting salary and other benefitsSection 173: Increasing the amount of insuranceSection 174: XXXXXXXSection 175: Protection for doing in good faithSection 176: Special Powers of the MinistrySection 177: Labor Coordination CommitteeSection 178: Transitional ArrangementsSection 179: To be in accordance with this Act Section 180: This Act shall not applySection 181: Create and implement guidelines and proceduresSection 182: Power to make rulesSection 183: Repeal and Rescue