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Notice of Ministry of Labor, Employment, and Social Security : List of Works for Outsourcing

October 10, 2018

1. By using the power conferred by Section 58 of the Labor Act, 2017 (2074), the Ministry of Labor, Employment, and Social Security has published a notice in Nepal Gazette on October 05, 2018 (Asoj 19, 2075) providing the list of works subject to outsourcing.

 

2. The list of work for which the employees can be availed from outsourcing companies.

S. No.

Category of Services

List of Works

1.

Security Services

  • Security employees

2.

Facilitating Services

  • Employees required  for management of all types of sanitation and waste management
  • Gardner for management of garden including agricultural employees.
  • Office assistant (for preparing tea and lunch or messenger service),
  • Employees for canteen and catering.

3.

Business Support Services

  • Driver, conductor,
  • Employees required for loading-unloading, transportation of goods and store management,
  • Employees required for repair and maintenance and technical support and consultancy,
  • Construction employees including plumber, electrician, builder, carpenter.

4.

Domestic Help Services

  • Domestic employees including house maid, care giver

 

3. Conditions to be complied with for engaging outsources employees:

3.1. The employer cannot avail employees from Outsourcing Companies for the main work specified while establishing business or the work directly related to the main work.

3.2. The Outsourcing Companies that are currently in operation should obtain license from the Department of Labor and Occupational Safety or related Office of Labor and Employment pursuant to Chapter 11 of Labor Act, 2017 (2074) and Chapter 6 of Labor Rules, 2018 (2075) within Poush 7, 2075 (December 22, 2018).

3.3. While inviting or submitting any proposal or bids or entering into agreement for availing employees through outsourcing agencies pursuant to Public Procurement Act, 2063 the employer cannot enter into an agreement with any organization that has not obtained a license for outsourcing under the Labor Act.

3.4. The following matters should be covered while inviting or submitting any proposal or bids or entering into agreement for availing employees through outsourcing agencies pursuant to Public Procurement Act, 2063: (i) minimum remuneration prescribed by Government of Nepal (ii) Provident Fund (iii) Gratuity (iv) Social Security Schemes or Medical and Accidental Insurance until the Social Security Scheme in place (v) Festival Allowance (vi) Home Leave and Sick Leave (vii) Overtime, Sick Leave, Maternity Leave, Maternity Care Leave, Mourning Leave (viii) Other liabilities as per the prevailing laws.

 

4. The employer is required to conduct labor audit and submit a report of the same to the Department of Labor and Occupational Safety or related Office of Labor and Employment at the end of the month of Poush every year.

 

5. Other provisions shall be as provided by Labor Act, 2017 (2074) and Labor Regulations, 2018 (2075) and other prevailing laws.

 

**DISCLAIMER: This document is prepared for general understanding and should not be taken for any legal purpose without consulting legal professionals. **

The copyright of the document is vested with PLA.

 

 

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