18.4 Labour Act 2074 Checklist

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Client: VF Services (Mauritius) Pte.

Limited Prepared By: Namuna Joshi

Year end: 31 December 2017 Date: 22 February 2018

CHECKLIST FOR COMPLIANCE WITH LABOUR ACT 2074

(Labour Act, 2074 issued on 2074.5.19)

Complied with or
W. P.
Particulars Not Remarks
Ref.
Yes No NA
1. Applicability

Headcount Threshold: No headcount


threshold required.

Exempted Entity:

 Civil Service, VFS does not belong


 Nepal Army, Nepal Police, Armed Police  to any of the
Force, exempted entity.
 Entities incorporated under other
prevailing laws or in situated in Special
Economic Zones to the extent separate
provisions are provided.
 Working Journalists, unless specifically
provided in the Contract.

2. Working Hour (section 28)


Ensure that Regular working hour
of VFS is 8 hours. No
 Maximum working hour 8 hours per day employee is put to
Refer
and 48 hours per week. work more than 4
 Maximum overtime 4 hours per day and
 hours overtime in a
WP
13.12
24 hours per week. (Section 30) day and 20 hours in
 Overtime pay of 1.5 times of the regular total in a week.
remuneration.

Reviewed by: Surendra Pathak


Client: VF Services (Mauritius) Pte. Limited Prepared By: Namuna Joshi

Year end: 31 December 2017 Date: 22 February 2018

Complied with or
Particulars Not Remarks W. P. Ref.
Yes No NA
3. Provident Fund (Section 52)

Ensure that:

a) Eligibility: From the first day of


appointment

b) Rate: Provident fund equivalent to


10% of salary is deducted from each
Provident fund
month's salary of staff.
equivalent to 10% of
salary has been
c) Deposit in: Social Security Fund
deducted from
employee’s salary and Refer WP
d) An equivalent amount has been
contributed by the employee and
 equal amount has been 13.2 and
contributed by VFS. WP 6.2
deposited in the separate provident
Amount of PF for a
fund account.
month is deposited
within 25 days of the
e) Amount deposited in the Provident
succeeding month.
Fund Account has not been utilized
by an employee prior to his
separation from services.

f) Loan can be availed by an employee


as per the provident fund rules but
deductions have to be made from the
monthly salary of the employee.

4. Gratuity (section 53)


Gratuity has been
Ensure that
computed accordingly.
Eligibility: since the first day of Since social security
employment fund has not been Refer WP
Rate of Gratuity: 8.33% of remuneration  established yet, the 7.3
amount provisioned for
every month
gratuity has not been
Deposit in: Social Security Fund deposited anywhere.

5. Medical Insurance (Section 54)


Ensure that:
a) Insurance of at least one lakh rupees Refer WP
per year for every worker  5.15
b) Premium is equally paid by the
employer and worker

6. Accident Insurance (Section 55)


Ensure that
a) Insurance of at least seven lakhs
Refer WP
rupees for every worker.  5.14
b) Premium is paid by the employer
fully

Reviewed by: Surendra Pathak


Client: VF Services (Mauritius) Pte. Limited Prepared By: Namuna Joshi

Year end: 31 December 2017 Date: 22 February 2018

7. Leave

7.1 Home (Annual) Leave (Sec 43) Each employee is


entitled to 18 days
a) Ensure that each employee is calculated on working
entitled to Annual leave of 1 day for days annually.
every 20 days worked. Maximum up to 60 days
privilege leave can be
b) Ensure that accumulated Home carry forward and
leave has not exceeded 90 days.  encashed in the
employee’s tenure of
service.
7.2 Sick leave (Sec 44)

a) Ensure that sick leave is granted to


staff for 12 days per annum with The employees are
entitlement of full salary if continuous entitled for 15 days half
service for 1 year is completed. For
 paid sick leave.
those who have not completed one
year of service, sick leave is Sick leave is not subject
to carry forward and is Refer WP
provided on a proportional basis. 13.6
encashed at the end of
b) Ensure that accumulated Home the year.
leave has not exceeded 45 days.

7.3 Mourning Leave (Sec 48)

a) Ensure that Mourning leave is 13 days funeral leave is


 given.
granted to staff for 13 days.

7.4 Maternity Leave (Sec 45)

a) Ensure that Maternity leave is VFS has not revised its


granted to staff for 14 weeks (Fully  HR policy.
paid 60 days).

7.5 Paternity Leave (Sec 45)

b) Ensure that Paternity leave is VFS has not revised its


granted to staff for 15 days fully paid. HR policy.

8. Final settlement time limit
(section 148)
Employer shall pay final settlement 
amount to employee within 15 days of
date of separation.

Reviewed by: Surendra Pathak

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