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|
|3.||Business Support Services||
|4.||Domestic Help Services||
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.
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