You are viewing the translated version of रोजगार सम्झौता उल्लङ्घन नहुने.
Section 126
Non-violation of employment contract
: No worker shall be deemed to have violated the employment contract due to strike or lockout or sit-in or filing a complaint in accordance with the law and the employment relationship shall be considered to be continuous during that period.
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