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The Employer Law in Biratnagar, similar to the rest of Nepal, is governed by the Labour Act, 2074 (2017 AD) and Labour Rules, 2075 (2018 AD). This legislation ensures that employees' rights and welfare are respected and maintained by employers. The laws encompass vital aspects such as fairness in hiring, equal pay, safe working conditions, procedures for dealing with grievances, and rights related to termination and redundancy. While these general laws apply nationwide, it's crucial to be aware of provincial and local regulations that may also apply in Biratnagar.
Legal advice may be required in situations where you face issues such as wrongful termination, workplace harassment, concern over compensation, differences in contracts, or disputes over working conditions. A lawyer specializing in employer law will guide you through the legal intricacies inherent in the labour laws, thereby ensuring that your rights are effectively safeguarded. If you're an employer, you might need assistance maintaining compliance with these laws, addressing employee disputes, or dealing with government bodies.
Biratnagar's local employer laws primarily focus on fair recruitment, ensuring workplace safety, prohibiting discrimination, and assuring reasonable compensation. Employers are expected to honour working hours, provide weekly time offs and annual leaves, as well as pay benefits stipulated in contracts. Legally, any form of labour exploitation such as child labour, forced labour, and non-payment of wages are punishable under these laws.
The standard working week is forty-eight hours or six days. The normal working day should not exceed eight hours.
Except for cases of serious misconduct, employers cannot terminate an employee without giving a sixty days notice or paying salary equal to the notice period.
The law stipulates specific protections for women including prohibition of discrimination against women, maternity leave of 98 days with full pay, safe working conditions, and separate restrooms.
Nepal’s Labour Act prohibits discrimination related to gender, religion, race, caste, and political beliefs during recruitment, promotion, and assignment of tasks.
If employers fail to pay salaries, employees may make a complaint to their local labour office.
The Ministry of Labour, Employment and Social Security is the primary body for labour-related issues in Nepal. Local Soli Sarokar Kendra (Labour Welfare Centres) offer additional support for employers and employees. Online portals like Hello Sarkar also accept complaints and grievances.
If you need legal assistance, you can choose to hire a lawyer specialized in employer law. Always ensure the lawyer is registered with the Nepal Bar Association. Alternatively, you can approach trade unions, labour welfare centres, or directly file a complaint with the Ministry. NGOs working on labour rights can also provide advice and support.
