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Section 119
Disputes to be resolved through arbitration
: (1) If there is no conciliation according to section 118, the dispute related to collective demand claims shall be resolved through arbitration in the following cases:
(a) If there is an agreement between the collective bargaining committee or the employer to resolve the dispute related to the collective demand claim through arbitration,
(b) In the event of a collective dispute arising in an establishment operating an essential service,
(c) collective disputes arising in establishments within the Special Economic Zone, or (d) If the emergency period is enforced according to the constitution and the strike is prohibited. Explanation: For the purpose of this section, "Essential service" means a service that adversely affects the life, health and safety of people living in the entire country or in any part of the country due to interruption of any service.
(2) If the Ministry is convinced that a strike or lockout has occurred or is likely to cause an economic crisis in the country, or that the dispute should be resolved through mediation, the Ministry may order the resolution of the collective dispute through mediation regardless of the state of the dispute. br> (3) For the purposes of sub-section (1) and (2), the Ministry shall form an arbitrator representing the workers, employers and the Government of Nepal.
(4) The expenses of the arbitrator constituted according to sub-section (3) shall be borne as prescribed by the Government of Nepal.
(5) The party who wants to resolve the dispute through arbitration shall submit a claim in writing to the arbitrator as prescribed.
(6) After receiving the claim as per sub-section (5), the arbitrator shall send a copy of such claim to the other party and give him an opportunity to submit a counter claim in that regard.
(7) The arbitrator may consult or discuss with an expert while taking action under this section.
(8) The hearing shall be held on the date, time and place fixed by the arbitrator and the proceedings of the arbitration shall not be stopped merely because a party is absent or has not submitted a counter claim.
(9) SubAccording to section (8), the arbitrator shall give a decision within thirty days from the date of completion of the hearing.
(10) The arbitrator shall be entitled to exercise the same rights as the court in the prevailing law in relation to the work of hearing evidence, making witness statements, conducting on-site inspection, etc. (11) Other arrangements related to arbitration proceedings shall be as determined by the arbitrator, except as otherwise provided by the agreement of the parties.
(a) If there is an agreement between the collective bargaining committee or the employer to resolve the dispute related to the collective demand claim through arbitration,
(b) In the event of a collective dispute arising in an establishment operating an essential service,
(c) collective disputes arising in establishments within the Special Economic Zone, or (d) If the emergency period is enforced according to the constitution and the strike is prohibited. Explanation: For the purpose of this section, "Essential service" means a service that adversely affects the life, health and safety of people living in the entire country or in any part of the country due to interruption of any service.
(2) If the Ministry is convinced that a strike or lockout has occurred or is likely to cause an economic crisis in the country, or that the dispute should be resolved through mediation, the Ministry may order the resolution of the collective dispute through mediation regardless of the state of the dispute. br> (3) For the purposes of sub-section (1) and (2), the Ministry shall form an arbitrator representing the workers, employers and the Government of Nepal.
(4) The expenses of the arbitrator constituted according to sub-section (3) shall be borne as prescribed by the Government of Nepal.
(5) The party who wants to resolve the dispute through arbitration shall submit a claim in writing to the arbitrator as prescribed.
(6) After receiving the claim as per sub-section (5), the arbitrator shall send a copy of such claim to the other party and give him an opportunity to submit a counter claim in that regard.
(7) The arbitrator may consult or discuss with an expert while taking action under this section.
(8) The hearing shall be held on the date, time and place fixed by the arbitrator and the proceedings of the arbitration shall not be stopped merely because a party is absent or has not submitted a counter claim.
(9) SubAccording to section (8), the arbitrator shall give a decision within thirty days from the date of completion of the hearing.
(10) The arbitrator shall be entitled to exercise the same rights as the court in the prevailing law in relation to the work of hearing evidence, making witness statements, conducting on-site inspection, etc. (11) Other arrangements related to arbitration proceedings shall be as determined by the arbitrator, except as otherwise provided by the agreement of the parties.