64.5
72
-
Limited Access to Decent Work
80
80
60
50
40
100
80
80
75
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §88, 94 (a), 106-107, and 163 of the Labour Act, 2017 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §2, 34-35, 38 and 148 of the Labour Act, 2017 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §29, 30 and 31 of the Nepal Labour Act, 2017 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §31 and 42 of the Labour Act, 2017 | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §28 and 30 of the Labour Act, 2017; §9 of the Child Labour (Prohibition and Regulation) Act, 2000 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §30 of the Labour Act, 2017 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §28, 40, and 42 of the Nepal Labour Act 2017 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §41 of the Labour Act, 2017; Section 69 of Nepali Gazette, 2077 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §43 & 49 of the Labour Act, 2017 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §2, 11, 12, 108 (bylaws), and 150 of the Labour Act, 2017; Rule 4 of the Nepal Labour Rules, 2018 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §10(1-5) of the Labour Act, 2017; §2 of the Labour Rules, 2018 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §13 and 18(4) of the Labour Act, 2017 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §141-148 of the Labour Act, 2017 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §49, 52, 53, 145(7) and 148 of the Labour Act, 2017; Rule 23-24 of the Labour Rules, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | §13 of the Right to Safe Motherhood and Reproductive health, 2018 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §45(6, 7) of the Labour Act, 2017 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §19 of the Labour Act, 2017 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §13(3) of the Right to Safe Motherhood and Reproductive Health Act, 2018 (2075); §17 of the Labour Rules, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal prohibitions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §45 of the Labour Act, 2017; §13 and 14 of the Right to Safe Motherhood and Reproductive health, 2018 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §45 & 47 of the Labour Act, 2017; §7(2) of the Social Security Scheme Operating Procedure 2018 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §45 & 47 of the Labour Act, 2017; §7(2) of the Social Security Scheme Operating Procedure 2018 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | No | 0 | §7of the Right to Employment Act, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §69 and 72-76 of the Labour Act, 2017; Rule 34, 35 and 39 of the Nepal Labour Rules, 2018 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §69 of the Labour Act 2017; §39 of the Labour Rules 2018 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §6(2b), 33, and 81 of the Labour Act, 2017 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §55 and 56 of the Labour Act, 2017; Chap. 3 of of the Social Security Scheme Operating Procedure, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §52 & 147 of the Labour Act, 2017; Chap. 5 of of the Social Security Scheme Operating Procedure, 2018 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §52 and 55 of the Labour Act 2017; Chap. 4 of of the Social Security Scheme Operating Procedure, 2018 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §22(1, 2) of the Right to Employment Act, 2018 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §44 of the Labour Act, 2017; ISSA Country Profile for Nepal | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §52 and 55(3)of Labour Act, 2017; Chap. 3 of of the Social Security Scheme Operating Procedure, 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §18(4) of the Nepal’s Constitution, 2015; §7(1) of the Labour Act, 2017 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §132 of the Labour Act 2017; §4, 5, 12, and 13 of the Sexual Harassment at Workplace Act, 2014 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §18(1, 2, 3) of the Nepal’s Constitution of 2015; §6(1) of the Labour Act 2017 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §38(5) of the Constitution, 2015; §4 of Right to Employment Act, 2018; §91 of National Civil Code Act, 2017 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §5& 10 of the Contribution based Social Security Act, 2017 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §5 of Labour Act 2017; §3, 6, 7, 8 of the Child Labour (Prohibition and Regulation) Act 2000 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §31 of the Constitution, 2015; Section 6 of the Free and Compulsory Education Act, 2018 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | No | 0 | §1, 3, 7 and 9 of the Child Labour (Prohibition and Regulation) Act, 2000 | Score adjusted because of availability of a legal source |
| Does the law prohibit forced labour? | Yes | 1 | §4 and 164 of Labour Act 2017; §3 (2) and 4, Child Labour (Prohibition and Regulation) Act, 2000; | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §3(4) & 7(b) of the Trade Unions Act, 2049 (1992); ITUC Global Rights Index 2024 (Nepal Profile); USDOS CRHRP 2023 | Score adjusted because of availability of a legal source |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §116 of the Labour Act 2017; USDOS CRHRP 2023 (Nepal) | No Change |
| Does the law provide the right to strike? | No | 0 | ITUC Global Rights Index 2024 Nepal Profile; USDOS CRHRP 2023 (Nepal) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §4 of the Essential Services Mobilisation Act, 2014 (1957); §126 of the Labour Act 2017; ITUC Global Rights Index 2024 (Nepal Profile); USDOS CRHRP 2023 (Nepal) | Score adjusted because of availability of a legal source |