1. Introduction
This guide outlines the basic and regulatory framework, lawful modalities for employment termination, and the consequences of unlawful termination in Nepal. It explains the types of employment relationships, grounds for termination, and special procedures for specific categories of employees.
For more detailed information, download the full document at the top of the page.
2. Types of Employment in Nepal
Nepal recognizes the following types of employment:
- Regular Employment:
Full-time work with a fixed salary. - Casual Employment:
Employment for seven or fewer days within a month. - Part-Time Employment:
Work of 35 hours or less per week. - Contract-Based Employment:
Time-based or work-based agreements between the employer and the employee.
3. Lawful Termination of Employment
Lawful termination refers to the process of ending an employment relationship according to the conditions and procedures established by law. Employment can be terminated by either the employee or the employer under various circumstances.
4. Regulatory Framework for Termination in Nepal
The primary laws governing employment termination in Nepal include:
- Labor Act, 2017
- Labor Rules, 2018
These laws regulate termination conditions, employer responsibilities, and employee rights.
5. Grounds for Termination by Employers
Employers can lawfully terminate employment based on the following grounds:
- Health:
If an employee is medically unfit to continue working for prolonged periods. - Incompetence:
Continuous poor performance over three years, determined by annual evaluations. - Misconduct:
Acts such as theft, bribery, unauthorized absences, or breaches of company rules. - Excess Staffing:
Retrenchment when there is more staff than required for the workload.
6. Misconduct Leading to Immediate Termination
Certain acts of misconduct can result in immediate termination, such as:
- Assault or causing unrest at the workplace
- Bribery and theft
- Unauthorized absence from work for more than 30 consecutive days
- Intentional damage to the employer's property
7. Retrenchment and Excess Staffing
Retrenchment refers to the permanent termination of employees due to excess staffing, often caused by financial hardship or operational changes. Unlike layoffs, retrenchment is a long-term action.
8. Special Circumstances for Termination
Certain categories of employees are subject to specific termination procedures:
- Managerial Employees:
Employers can determine the terms of termination for managerial employees according to their employment agreements. - Outsourced Employees:
Termination is governed by the contract between the labor supplier and the enterprise. - Foreign Employees:
Termination is subject to the validity of their work permit.
9. Procedural Steps for Termination
Employers must follow a defined process when terminating employees:
- Provide prior notice to the employee, with the notice period varying based on the length of employment.
- Allow the employee the right to clarify or challenge the reasons for termination.
10. Consequences of Unlawful Termination
Unlawful termination occurs when an employer fails to comply with the established legal procedures. In such cases, employees can file a complaint with the Labor Office or seek personal dispute resolution as per their employment agreement.
11. Recourse for Unlawful Termination
If an employee files a complaint regarding unlawful termination, immediate actions may include freezing the employer’s bank accounts, suspending business licenses, or auctioning property. The employer may also be ordered to reinstate the employee or pay compensation.
12. Conclusion
Employment termination in Nepal is governed by strict legal guidelines that ensure transparency and fairness. Employers must comply with the laws to avoid the consequences of unlawful termination, while employees are protected through clear recourse options.
For more detailed information on the procedures and consequences of employment termination, download the full document from the link provided above.
