Section 49: Industrial human resource

1) Human resources required for an industry shall be fulfilled by Nepali citizens.

2) Notwithstanding anything contained in sub-section (1), if such human resource with any specific skill or competency required for an industry is not available from Nepali citizens in spite of the
publication of an advertisement in a newspaper of national circulation or for a senior-level management post, the industry may, on the recommendation of the Department under sub-section (3), appoint a foreign citizen for a maximum of five years by obtaining a labour permit under the prevailing labour law.

3) When making a recommendation for the purpose of sub-section (2), the industry registration body shall ascertain that the industry has made an effort to fulfil the human resource with the
specific skill or competency as demanded from Nepali citizens, the human resource with such skill or competency is required for the industry, and such human resource is not available in Nepal and is recommended to the Department of Labour for a labour permit.

4) If a foreign citizen appointed under sub-section (2) is a technical person of specialised skill and such human resource cannot be available in Nepal, such human resource may be re-appointed for an additional period not exceeding two years by obtaining a permit under sub-section (3).

5) If a foreign citizen is appointed to any industry under sub-section (2), he or she may repatriate seventy percent of the remuneration received by him or her in foreign currency from Nepal.

6) No labour engaged in an industry may carry out any kind of activity causing an obstruction or hindrance in the operation or production of the industry. The labourers engaged in the industry shall put their demands before the management peacefully in fulfilment of the procedures determined by the prevailing labour law and shall resolve them through mutual understanding.

7) Individual or collective disputes arising between the labourers engaged in an industry and the industry are settled under the prevailing labour law.

8) If an industry is closed because of any kind of activities causing obstruction or hindrance in the operation and production of the industry on the part of its labourers, the concerned industry or enterprise shall not be bound to provide remuneration to the labourers and employees who so close the industry or do not work, for the period during which work is not so done.