Type of Punishment

Misconduct under the Labour Act

Reprimand/Warning

The Enterprise shall warn the employee if s/he commits the following misconduct:

a)  remain absent from the work without having a leave sanctioned;

b)  leave the workplace without obtaining permission of the management;

c)  appear late in work frequently without obtaining permission;

d)  disobey any order given in relation to the work by the employer or any employee superior in level to him or her; and

e)  commit any other misconduct under the prevailing law.

Deduction of 1 day’s remuneration

The Enterprise shall deduct remuneration of one day of the employee if s/he commits the following misconduct:

a)  refuse to receive any letter or notice given by the employer or sentencing authority;

b)  take part in an illegal strike or force others to do so or make delay or slow in work collectively;

c)  cause loss or damage to the Enterprise by decreasing the production or service recklessly or negligently;

d)  make attempt to take benefits by submitting false documents;

e)  not use the equipment provided by the employer if s/he is a employee responsible for using such equipment; and

f)   commit any other misconduct of similar nature under the prevailing law.

Withholding of annual grade or promotion for a year

The Enterprise shall withhold annual grade or promotion for a year, if s/he commits the following misconduct:

a)    take any property outside the Enterprise without the permission of the competent  person and used it or allow it to be used by any unauthorized person;

b)    make attempt to make embezzlement in the Enterprise’s transaction;

c)    damage the employer’s property recklessly or negligently;

d)    stop the supply of food, water, telephone, electricity service or prevent movement within the workplace;

e)    intentionally misuse, or cause loss or damage to any goods kept or provisions made for the benefit, safety or health of the labours; and

f)     commit any other misconduct of similar nature under the prevailing law.

Termination upon misconduct

The Enterprise shall be entitled to dismiss the employee from their employment if the clarification submitted by the employee during the investigation of the following misconduct is found to be unsatisfactory and based on the evidence of the misconduct:

a)     engage in physical assault or causing physical harm to any person related to the Enterprise;

b)     engage in use of any form of weapon or causing vandalism in the Enterprise’s office premises;

c)     engage in receiving or granting bribery;

d)     commit theft against any person in the Enterprise;

e)     remain absent in the work for the continuous period of 30 (thirty) days or more without notice or Enterprise’s approval;

f)     been guilty of conduct tending to bring yourself or the Enterprise into disrepute;

g)     damage Enterprise’s property maliciously;

h)     embezzle the Enterprise’s finances;

 i)     act in collaboration with a competitive employer in the similar nature of business of the Enterprise or carry on any competitive business on his or her own or provide any secret information of the Enterprise where s/he is employed to any competitive employer;

 j)     engage in any activity with an intention to breach the Enterprise’s confidentiality regarding its data, information including but not limited to the information about the Ambassador and employees of the Enterprise or any other information which shall be known to be confidential pursuant to the employment agreement or any other agreement that restricts disclosure of such confidentiality;

k)     falsify documents for the appointment;

 l)     consume or distribute narcotics on the Enterprise’s premises;

m)     consume alcoholic beverages on the Enterprise’s premises without permission;

n)     been declared guilty of criminal offences indicating moral turpitude by the competent courts of Nepal;

o)     make any public disparaging or misleading comment regarding the Enterprise, including online (for example on social networking sites);

p)     commit any act which the Enterprise considers to be gross misconduct under the prevailing laws;

q)     receive the written warning for more than 2 (two) times for any misconduct or breach of the employment agreement or the Enterprise’s policies; and

r)     commit any other offence under the prevailing laws.

s)     Sexual Harassment at Workplace