22. Restriction on employment of foreigners

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.