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Chapter-6 Skill Development and Employment

 

  1. Vocational training and self-employment: (1) The Government of Nepal shall provide vocational training in order to develop professionalism and create self-employment by enhancing the skills of the persons with disabilities.

(2) The Government of Nepal shall provide for the provision of loans at the concessional rate as prescribed to the persons with disabilities who wish to do various occupations or businesses, on the basis of their skills, competency and proposals prepared by them for occupations or businesses.

(3) No enterprise shall make discrimination against the persons with disabilities, with regard to employment and any matter related thereto.

(4) Notwithstanding anything contained in sub-section (3), the Government of Nepal may dispense with the application of the provision referred to in that sub-section in the case of any employment.

(5) An enterprise shall make provision that workers or employees with disabilities can work in an easy manner.

(6) No one shall deprive any person of an opportunity of promotion or deny to make promotion solely on the basis of disability.

(7) Notwithstanding anything contained in the prevailing law, the body and institution providing employment shall not remove the workers and employees with disabilities from employment or demote them, in the course of employment.

(8) It shall be done as follows with respect to the employee with disabilities referred to in sub-section (7):

(a)        In cases where such a worker or employee has become disabled in such a manner as not be able to the functions of the post being held by him or her, to designate him or her to do the functions of another post carrying the equal salary, facilities,

(b)        In cases where it is not possible to designate such a worker or employee to do the functions of another post, to create another post suitable to him or her or maintain an additional post until he or she gets retired.

  1. To appoint the persons with disabilities: (1) The Government of Nepal may, to the extent of availability of any work in any enterprise according to the physical capacity, training, qualification and experience of the persons with disabilities, prescribe in such a way that the persons with disabilities have to be appointed in any specific number.

                        (2) The enterprises prescribed pursuant to sub-section (1) shall appoint the persons with disabilities on the basis of the prescribed priority.

  1. To maintain records: (1) The enterprise shall maintain and update the records containing the number of the persons with disabilities working in it, facilities provided to them and such other details as prescribed.

                        (2) The enterprise shall open the records maintained pursuant to sub-section (1) for inspection by those who wish to inspect during the office hours.

  1. To make a complaint to the manger: (1) If any person is aggrieved from the fact that any enterprise has not complied with the provision of sub-sections (3), (4), (5) or (6) of Section 24, such a person may make a complaint to the manger.

                        Explanation: For the purposes of this Chapter, the term “manager” means the official who can make the final decision with respect to the activities of the enterprise.

                        (2) If a complaint is made pursuant to sub-section (1), the manager shall make necessary inquiry into such a complaint within fifteen days, and if, on such inquiry, the content of the complaint appears to be reasonable, the manager shall make necessary reform or rectify the error.