Impunity Labor Act, 2017 (2074) : ( previously 1992) Termination of Employment Disciplinary Actions for Various Misconducts Some cases/impact of Impunity in Nepalese Industry

1. STATE OF IMPUNITY IN NEPALESE
INDUSTRY
Prepared By
Pukar K.C
Human Resource Management

2. Termination of Employment:
Disciplinary Actions for Various Misconducts:
The Labor Act, 2017 has provided various provisions for disciplinary action according to the nature and extremities of misconducts.
Termination for Poor Performance
 Unsatisfactory performance or below the standard in the performance appraisal for three or more times,
 An opportunity to submit explanation giving at least seven days by the employer where ten or more people work.
Sexual Harassment:
 This service may be terminated on the basis of seriousness of offence
Labor Act, 2017 (2074) : ( previously 1992)
Non Applicability
Civil servants, Nepal Army, Nepal Police, Armed Police
Force, enterprises incorporated under other special laws or
situated in Special Economic Zones, and working
journalists, unless specifically provided in the agreement
Applicability
Company, private firm, partnership firm, co-operatives or
association incorporated, registered or constituted under law
for the purpose of operating any industry, profession or service
with or without the motive of profit.
Impunity: Exemption from punishment or freedom from the injurious consequences of an action

3. >Without permission:-
Absence , Leaving
workplace, Coming
late.
> Not abiding order of
senior.
>Other misconducts.
>Unacceptance of
notice of punishment.
>Participation in illegal
strike.
>Collectively delaying
in the work.
>Causing loss to the
entity by reducing the
production or service.
The employee can be
suspended
(a) for investigation of
misconduct or
(b) if he/she is taken in
judicial custody for any
office by lawful
authority.
>But this is not the
form of punishment.
>Causing bodily harm
or injury.
>Involved in corruption
, theft, destruction.
>Convicted, punished
twice for misconducts
within 3 years
>Absence for more than
a consecutive period of
30 days without
approval
WARNING WITHHOLDING OF
SALARY OR
PROMOTION FOR 1
YEAR
DEDUCTION OF 1
DAY
REMUNERATION
SUSPENSION
UPTO 3 MONTHS
DISMISSAL
FROM
SERVICE
>Taking entity’s
property outside ,
allowing unauthorized
access or destruction of
property due to
recklessness.
>Embezzlement with
entity’s transaction.
>Obstructing
movement in the entity.
DISCIPLINARYACTION
MISCONDUCTS

4.  The rise of the Maoists and the Madhesi parties made many important social groups in Biratnagar feel insecure. Businessmen were
perturbed by Maoist demands for funds and the disruption to industry caused by the Maoist trade union. (Source :-
http://nepalconflictreport.ohchr.org/files/docs/2014-02-00_report_taf_eng.pdf)
 Radisson Hotel’s Managing Director BK Shrestha was attacked by the members of trade union members close to UCPN-Maoist.
(Source :-https://www.spotlightnepal.com/2013/03/23/the-government-needs-to-be-serious-about-the-security-of-investors-vaidya/)
 Pappu Construction owned by Hari Narayan Prasad Rauniyar of Sanghiya Samajbadi Forum and of Shailung Construction, whose
Chairman Sharada Prasad Adhikari is the landlord of Nepal Communist Party Co-chairman Pushpa Kamal Dahal, are involved in
number of projects which are delayed. (Source:-http://kathmandupost.ekantipur.com/printedition/news/2018-06-06/coterie-contractors-
immune-to-home-ministry-offensive.html)
 In November 2009 Varun Beverages Nepal Limited, bottlers of PepsiCo in Nepal, announced plans to establish a state-of-the-art
bottling plant in the Terai, an investment worth 1 billion Nepali rupees. By December 2009 the company announced it had cancelled
plans for the new plant, citing impunity and militant unionism. As a senior representative of RJ Corp, promoters of Varun Beverages,
explained in a statement: ‘safety and security of senior officials made me take this decision’. ( Source : - http://nbinepal.org.np/wp-
content/uploads/2015/01/Private-Sector-and-Public-Security-in-Nepal-International-Alert-and-NBI-2010.pdf)
 Dr Shankar Sharma pointed out that impunity was a major obstacle in the development of commerce and industries. "The government
must end impunity first to ensure investment," he said. Around 20 entrepreneurs have been killed, 55 kidnapped and 54 industries
closed down over the last eight months. Industries were closed for 62 days in the period mainly due to labour problems.( Source :-
https://thehimalayantimes.com/news-archives/latest/fncci-demands-culture-of-impunity-to-go/)
Some cases/impact of Impunity in Nepalese Industry:

5. THANK YOU