Section 49
Industrial Human Resource
(1) Human resource required for an industry shall be fulfilled from Nepali citizens. (2) Notwithstanding anything contained in subsection (1), if such human resource with any specific skill or competency required for an industry is not available from Nepali citizens in spite of the publication of an advertisement in a newspaper of national circulation or for a senior level management post, the industry may, on the recommendation of the Department under subsection (3), appoint a foreign citizen for a maximum of five years by obtaining labour permit under the prevailing labour law. (3) When making a recommendation for the purpose of subsection (2), the industry registration body shall ascertain that the
industry has made an effort to fulfil the human resource with the specific skill or competency as demanded from Nepali citizens, the human resource with such skill or competency is required for the industry and such human resource is not available in Nepal and recommend to the Department of Labour for labour permit. (4) If a foreign citizen appointed under subsection (2) is a technical person of specialized skill and such human resource cannot be available in Nepal, such human resource may be re-appointed for an additional period not exceeding two years by obtaining permit under subsection (3). (5) If a foreign citizen is appointed to any industry under subsection (2), he or she may repatriate seventy percent of the remuneration received by him or her in foreign currency from Nepal. (6) No labour engaged in an industry may carry out any kind of activity causing an obstruction or hindrance in the operation or production of the industry. The labours engaged in the industry shall put their demands before the management peacefully in fulfilment of the procedures determined by the prevailing labour law and shall resolve through mutual understanding. (7) Individual or collective disputes arising between the labours engaged in an industry and the industry are settled under the prevailing labour law. (8) If an industry is closed because of any kind of activities causing obstruction or hindrance in the operation and production of the industry on the part of its labours, the concerned industry or
enterprise shall not be bound to provide remuneration to the labours and employees who so close the industry or do not work, for the period during which work is not so done.
industry has made an effort to fulfil the human resource with the specific skill or competency as demanded from Nepali citizens, the human resource with such skill or competency is required for the industry and such human resource is not available in Nepal and recommend to the Department of Labour for labour permit. (4) If a foreign citizen appointed under subsection (2) is a technical person of specialized skill and such human resource cannot be available in Nepal, such human resource may be re-appointed for an additional period not exceeding two years by obtaining permit under subsection (3). (5) If a foreign citizen is appointed to any industry under subsection (2), he or she may repatriate seventy percent of the remuneration received by him or her in foreign currency from Nepal. (6) No labour engaged in an industry may carry out any kind of activity causing an obstruction or hindrance in the operation or production of the industry. The labours engaged in the industry shall put their demands before the management peacefully in fulfilment of the procedures determined by the prevailing labour law and shall resolve through mutual understanding. (7) Individual or collective disputes arising between the labours engaged in an industry and the industry are settled under the prevailing labour law. (8) If an industry is closed because of any kind of activities causing obstruction or hindrance in the operation and production of the industry on the part of its labours, the concerned industry or
enterprise shall not be bound to provide remuneration to the labours and employees who so close the industry or do not work, for the period during which work is not so done.