This article provides an overview of labor laws in Nepal, especially focusing on what employees can do if they are made to work more than eight hours a day without additional payment. It outlines the available remedies and how to access them. If your employer, organization, or company is requiring you to work extra hours without fair compensation, this guide may help you secure your rights.
Legal Framework in Nepal
Nepal’s labor laws are designed to protect workers’ rights. Specifically, the Labor Act, 2017 (2074), under Sections 28 to 33, outlines clear regulations on working hours, overtime, and related payments.
Legal Provisions
- Daily Working Hours:
Section 28 of the Labor Act, 2017 states that an employee can only be required to work 8 hours per day or 48 hours per week. Additionally, workers are entitled to a 30-minute break after every 5 hours of continuous work. - Restrictions on Excessive Work:
Section 29 prohibits employers from forcing employees to work beyond the standard hours. - Overtime Regulations:
Section 30 allows employers to require overtime only under specific conditions:- Maximum Overtime: 4 hours a day or 24 hours a week.
- Overtime Pay: Section 31 mandates that employees working overtime must receive 50% more than their regular hourly wage.
- Work on weekly holidays, public holidays, or rest days also qualifies for additional pay.
- Transport for Night Shifts:
Section 33 requires employers to arrange transportation for workers required to work before sunrise or after sunset.
Remedies for Violation of Workers’ Rights
If your employer violates your rights by not paying overtime or making you work beyond the prescribed hours, you can take the following steps:
1. Filing a Complaint at the Workplace
- Submit a written grievance to your employer, clearly mentioning the overtime hours worked, the dates, and the amount of unpaid wages.
- Keep a copy of the complaint for future reference.
2. Filing a Complaint at the Labor Office
- If your employer ignores your complaint, you can approach the local Labor Office to register your grievance.
Required Documents for Filing a Complaint:
- Employment contract.
- Proof of overtime work (attendance records, timesheets, payment slips).
- Correspondence with the employer (e.g., letters or emails).
3. Filing a Case in the Labor Court
- If the Labor Office fails to resolve the issue or the employer does not comply, you can file a case with the Labor Court.
- Legal assistance is recommended to prepare and present your case effectively.
Benefits You May Receive
Upon a successful complaint or legal case, the following remedies may be provided:
- Overtime Payment: Payment of due wages, including any pending overtime.
- Penalties for Employers: Employers may face financial penalties for violating labor laws.
- Restoration of Rights: If other rights (e.g., rest days) have been violated, they may be reinstated.
Key Considerations for Resolving Issues
- Document Preparation:
Ensure you have all relevant evidence, such as work records, contracts, and correspondence. - Group Complaints:
If the issue affects multiple employees, filing a collective complaint can strengthen your case. - Mediation and Negotiation:
Before pursuing legal remedies, consider negotiating with your employer to resolve the issue amicably.
Conclusion
Requiring employees to work beyond eight hours without additional pay violates Nepal’s Labor Act, 2017. Workers can ensure their rights by filing complaints with their employer, the Labor Office, or the Labor Court. Proper documentation and awareness of legal rights are critical in these cases.
If you need free or paid legal assistance, consult a lawyer or legal service provider. You can contact Kanooni Sewa via www.kanoonisewa.com for professional advice and support.
