(1) The manpower needed by the industry should be supplied from Nepali citizens.
(2) Notwithstanding anything written in sub-section (1), even when publishing an advertisement in a national level public newspaper, if manpower with a specific skill or competence needed for the industry is not available from among Nepali citizens, or in the position of high management level, the approval of the department on the recommendation of the department in accordance with sub-section (3) Such industries may appoint foreign nationals for a maximum period of five years.
(3) For the purpose of sub-section (2), when the department makes a recommendation, whether or not such industry has tried to fill the manpower with skills or competences as requested from Nepali citizens, whether or not manpower with such skills or competences is needed by the industry and whether such manpower is available in Nepal. Or if it is determined that such manpower is needed by the related industry and it is not available in Nepal, it should be recommended to the labor department for labor approval.
(4) If the foreign nationals appointed in accordance with sub-section (2) are technicians of a specific type and such manpower is not available in Nepal, such manpower may be re-appointed for up to two more years after taking approval in accordance with sub-section (3).
(5) If a foreign national is appointed in an industry in accordance with sub-section (2), if foreign currency is in circulation in his country, the foreign national will be allowed to convert up to seventy-five percent of the salary, allowance, and remuneration received in foreign currency.
(6) Strong industrial relations should not be paid for periods of non-working as the main basis for productivity growth. In this regard, it will be as specified by labor or prevailing laws.
(7) The workers and employees working in the industry shall not be allowed to take any action such as a strike to disrupt the operation of the industry and its production. But this sub-section hinders the workers and employees from putting their just demands before the management in a peaceful manner and resolving them through mutual understanding.It will not be considered as a violation.
(8) If the dispute cannot be resolved in accordance with sub-section (7), such disputes may be submitted to the tribunal constituted in accordance with the prevailing law for the purpose of resolving the dispute. The decision of such tribunal shall be final and binding on both parties.