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Chapter-2 Right to employment

  1. Right to employment: (1) Every citizen shall have the right to employment.

(2) For the purposes of sub-section (1), every citizen shall have the right to practice appropriate labor subject to this Act or the prevailing law.

  1. Right to choose employment: (1) Every citizen shall have the right to choose employment according to his or her wish.

                        (2) Every citizen shall have the right to voluntarily engage in employment according to the qualification and capacity and leave or change such employment, subject to this Act and the prevailing law.

(3) No person shall engage or employ any citizen in employment against his or her will or in employment that he or she does not choose or force or compel him or her to engage in such employment.

  1. Right to get unemployment support: Every citizen shall have the right to get unemployment support pursuant to this Act.
  2. Not to make discrimination: Except for a special provision made by the prevailing law for any particular class or community with respect to the provision of employment to the unemployed, no person shall make discrimination on the ground of one’s origin, religion, color, caste, ethnicity, sex, language, region, ideology or similar other ground.
  3. Not to remove from employment: (1) Except as in accordance with the prevailing law, no person engaged in employment shall be removed from the employment without any reason.

(2) If a person engaged in employed is removed from the employment except as in accordance with the law relating to the terms and conditions of service that is applicable to such a person, the person who is so removed may make an application, accompanied by the reason, to the concerned Employment Service Center for the continuation of his or her engagement in the employment.

(3) If an application is received pursuant to sub-section (2), the Employment Service Center shall send the application to the concerned Local Level for making necessary inquiry to the reason why the person engaged in employment has been removed from the employment.

(4) If, upon making necessary inquiry into the application sent pursuant to sub-section (3), it appears that such person has been removed for no reason, the concerned Local Level may give direction to the employer to continue his or her engagement in the work.

  1. To conduct employment program: (1) The Government of Nepal, Provincial Government and Local Level shall, after the commencement of this Act, conduct necessary employment programs to provide the unemployed persons with minimum employment.

(2) While conducting programs pursuant to sub-section (1), priority shall be given to the women, Dalits, economically destitute, martyr’s families and families of the persons enforced to disappear.

(3) Other matters relating to conducting the programs pursuant to sub-section (1) shall be as prescribed.

  1. Authority to make decision: If a question is raised as to whether any person is employed or not, the concerned Local Level shall make decision of that matter on such basis as prescribed.