How do I file a case in Nepal’s labor court?

When was Nepal’s labor court established?

The Government of Nepal established a three-member labor court on October 15, 2020, to hear labor-related judicial disputes, and justice was administered by hearing labor-related disputes from the same court. It is referred to as a labor court.

Where can I find a labor court in Nepal? What are its rights?

This court is currently located in Kathmandu’s district of Anamnagar. The Labor Court, like the High Court, is a specialized court. This court has a legal system for initiating and resolving labor-related disputes.

This court hears cases initiated under the Labor Act 2017 and hears appeals against orders or decisions made in accordance with the law by the Department of Labor and Occupational Safety, Labor and Employment Office, Establishment or Employer, the proceedings at the initial level of disputes, and the settlement of disputes under the Trade Union Act and the Bonus Act.

Apart from termination of employment, any employer decision or punishment for bad behavior has been heard and resolved.

What is the procedure for filing a case in labor court?

Application to the labor court

Workers who are dissatisfied with their jobs can file a complaint with the labor office in their district and the labor court in Anamnagar, Kathmandu. If it is registered with the labor office, the labor office must notify the complainant of its receipt within seven days and forward the complaint to the appropriate court.

The following information should be included in an application to the labor court.

• The laborer’s given name, surname, country of origin, and father’s name,
• The opponent’s or defendant’s name, surname, country of origin, and father’s name
• A number of grievances,
• Under which Act does the Court have jurisdiction?
• The law governing the plaintiff’s claim,
• Limitation Issues,
• Evidence that is pertinent.

 Serve a summons or a notice

After the case is filed in labor court, the opponent is given a time limit to respond. If the summons is not appropriately served, it should be resubmitted with the order of the authority hearing the case.

 Can make a statement that is the same as the response

If the opponent is served with the summons and wishes to appear before the court within the deadline to provide its statement rather than submitting a reply, the opponent’s statement should be taken, signed, and incorporated into the case file.

Witness Examination

• If the plaintiff mentioned the witness in the petition or the defendant mentioned the witness in its response or statement, and after receiving the reply or offering the statement or after the deadline for the submission date has passed;
• If the application requesting witness examination is submitted;
• the court shall set a reasonable deadline for bringing the witness and obtaining the summons of such witness.
• It is the concerned party’s responsibility to bring the witness before the court.
• If the parties to the case wish to submit written arguments, they may do so through the approved/representing lawyer.

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