Chapter-6 Provisions Relating to Work Permit

22. Restriction on employment of foreigners:

(1) No employer shall employ any foreign citizen as a labour without obtaining the work permit from the Department.

(2) Notwithstanding anything contained in sub-section (1), the employer may, if the skilled labour that it needs cannot be supplied from among Nepali citizens, employ a foreign labour subject to this Section.

(3) Prior to employing a foreign labour pursuant to sub-section (2), the employer shall publish an advertisement in a national daily newspaper in order to acquire the required skilled labour from among the Nepali citizens. If, in spite of such an advertisement, no application is received from any Nepali citizen as prescribed or any Nepali citizen cannot be selected, the employer may make an application, accompanied by the evidence thereof, to the Department for the work permit for employing a foreign labour.

(4) The Department may, if it deems reasonable upon inquiring into the application received under sub-section (3) and the evidence attached therewith, issue a work permit for the employment of a foreign skilled labour.

(5) Any employer who employs a foreign labour by obtaining the work permit pursuant to sub-section (4) shall make arrangement for making Nepali citizens skilled and gradual replacement of foreign labours.

(6) The fees and other provisions relating to the work permit shall be as prescribed.

23. Foreign citizen to obtain work permit to work in Nepal:

(1) A foreign labour shall obtain the work permit as prescribed in order to work in Nepal.

(2) Notwithstanding anything contained elsewhere in this Act, any foreign citizen who work in Nepal shall, except where he or she is entitled to diplomatic immunity or is not required to obtain a work permit under any treaty or agreement concluded with the Government of Nepal, obtain a work permit as prescribed.

24. Work permit may be issued:

Notwithstanding anything contained in Sections 22 and 23, the Department may, upon maintaining the records, issue the work permit to foreign nationals in the following circumstance:

(a) The chief executive of an enterprise with foreign investment or operated with foreign assistance and such number of labours as prescribed to work in that enterprise,

(b) Any technician who comes to repair or maintain any machinery object or install any new technology or to do similar other unforeseen work for a period of three months or less than three months.

25. Language of the contract:

While entering into the employment contract with a foreign labour and providing information relating to the work to be performed by him or her, conditions of his or her service and benefits, the employer shall enter into, or cause to be entered into, such a contract or provide such information in such a language that he or she understands or in the English language.

26. Remuneration may be repatriated in convertible foreign currency:

Any foreign labour who has obtained the work permit pursuant to this Chapter shall be allowed to repatriate to his or her country the amount of remuneration earned by working in Nepal in a convertible foreign currency.

27. Remuneration, conditions of service, benefits of and other provisions relating to foreign labours:

(1) The remuneration to which a foreign labour is entitled for the work performed, conditions of service and benefits of him or her shall be so mentioned in the time-based or task-based employment contract entered into between the employer and the labour as not being less favourable than the standards set by this Act or the rules framed under this Act.

(2) The employment contract shall remain valid for such a period as mentioned in that contract, and failing such a provision, for a period not exceeding three years.

(3) Other provisions relating to foreign labours shall be as prescribed.