Rules 28-37

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Maximum working hours, overtime, weekly rest and leave

These rules provide for workers’ leave entitlements, including sick leave, public holiday leave, and maternity leave. Section 36 declares that leave is not a right of employees but rather a privilege, with the implication that the employer may refuse to approve an emplpoyee’s leave request, postpone the use of that leave, make deductions or cancel any previously approved leave.

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Section 28. Leave:

The workers or employees may receive the following leaves:

(a)  Public Holiday

(b)  Home Leave

(c)  Sick Leave

(d)  Obsequies Leave

(e)  Special Leave

(f)  Maternity Leave

Section 29. Public Holiday:

(1) The worker or employee shall be entitled to public holidays with full pay for Thirteen days in every year.

(2) The Labour Relation Committee, after deciding the public holidays in the beginning of every year, to be received by the workers or employees pursuant to Sub-rule (1), shall inform immediately thereof to the workers or employees.

(3) In the Enterprise where Labour Relation Committee does not exist, it shall be decided through mutual consent between the representative of workers and employees and the Proprietor.

Section 30. Home Leave:

(1) Every Worker or employee shall be entitled to paid home leave at the rate of One day for every twenty days that he/she works. The worker or employee shall have to take prior approval while going on such leave.[…]

Section 31. Sick Leave:

(1) The workers or employees served continuously for One year in the Enterprise shall be entitled to sick leave with half pay for up to Fifteen days in a year.

(2) The Proprietor shall cause to submit a certificate from the medical practitioner recognized by Government of Nepal, while approving the home leave of any worker or employee for more than Three days.

(3) In case any worker or employee has fallen sick, he/she has to provide the notice thereof to the proprietor by the fastest means available.

Section 32. Obsequies Leave :

(1) In case any worker or employee who has completed One year of continuous service in the Enterprise is required to observe obsequies personally in accordance with his/her family custom he/she shall be entitled to obsequies leave for a maximum period of Thirteen days.

(2) Any employee who is on such obsequies leave pursuant to Sub-rule (2) shall get full salary.

[…]

Section 34. Maternity Leave: A pregnant female employee shall be entitled to maternity leave with full pay for a period of Fifty Two days for pre and post delivery. Such maternity leave shall be granted only Twice during the entire period of service.

Provided that, such maternity leave shall be granted Twice as per this Rule for giving the birth to two children, in case the both children of the pregnant female worker or employee, who has already enjoy Twice the maternity leave, have expired.

[…]

Section 36. Leave not a matter of right: Leave is not a matter of right; it is only a privilege. The authority to sanction leave may, in keeping of view the work of the Enterprise, refuse to sanction leave, postpone utilization thereof, make deduction or cancel any sanctioned leave.

Rules / Nepal / Labour Rules, 1993

This mechanism was enacted in exercise of the powers conferred upon the Government by Section 86 of the Labour Act, 1992 and with the purpose of implementing the objectives of the Act.  The Rules include provisions regarding the regulations the composition and process for establishing  labour committees, as well as provisions regarding the security of workers, remuneration, welfare and health and safety.