Nepal
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Constitution of Nepal
- The Labour Act, 2074 (2017) and
- The Sexual Harassment at Workplace (Prevention) Act, 2071 (2015).
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Nepal.
- Religion
- Race, colour or ethnicity
- Caste or tribe
- Sex or gender
- Origin
- Language
- Region
- Ideological conviction
- Physical condition or disability
- Health condition
- Marital status
- Pregnancy
- Economic condition
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Nepali law does not set out a single general statutory definition of harassment distinct from sexual harassment. Non-sexual harassment and discrimination are addressed under the Constitution’s equality guarantee and the Labour Act’s non-discrimination provisions.
Sexual Harassment
Sexual harassment occurs when a person abuses a position, power or authority to create pressure, influence or enticement on another person through touching or attempting to touch a body part with sexual intent, the use or display of obscene or sexual materials, sexual proposals, or teasing or annoying another person with sexual intent.
Filing a Claim in Nepal
A claim for workplace sexual harassment must first be filed with the employer’s Internal Complaint Committee.
If no such committee exists, or the complainant is unsatisfied with its decision, a claim may be filed with the Labour Office.
Sexual harassment may also be reported to the Chief District Officer or the Nepal Police.
Disciplinary and termination decisions may be appealed to the Labour Court.
Potential Remedies
In Nepal, a person who has experienced workplace sexual harassment may be entitled to compensation for physical or mental harm and complaint-related expenses.
An employer who fails to comply with prevention obligations may be fined and an offender may be subject to imprisonment as well as disciplinary action up to dismissal.
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.