Labour, Employment and Immigration
Human resource management is at the heart of every successful enterprise, and in Nepal it is governed by an elaborate set of labour laws and immigration rules. Employers must comply with the Labour Act and associated regulations, which cover employment contracts, wages and benefits, working hours, health and safety, and union rights. As businesses grow and the economy globalizes, companies often need to hire expatriate expertise as well, which triggers additional requirements for work permits and visas under Nepal’s immigration laws. Non-compliance with labour or immigration rules – whether unintended or due to outdated policies – can lead to disputes, legal sanctions, and reputational harm. Given the active role of labour unions and the regulatory vigilance of authorities, staying updated and compliant is essential for smooth operations.
Gandhi & Associates has long-standing experience in Nepal’s labour, employment, and immigration laws, advising both employers and employees on a wide range of workplace issues. We help organizations develop and implement compliant HR policies, employment agreements, and benefit schemes, aligned with Nepali law and best practices. Our team represents clients in labour disputes and litigation, including matters of wrongful termination, workplace harassment and discrimination claims, and collective bargaining negotiations with trade unions. We have particular expertise in handling unionized workforce matters – for example, guiding employer associations in industry-wide negotiations and advising on strikes or lockouts within the bounds of the law. On the immigration front, we assist corporations in obtaining work permits and residency visas for foreign nationals and in streamlining procedures with Nepal’s Department of Immigration and Ministry of Labour. In every case, our focus is on helping clients maintain a legally compliant and fair workplace while achieving their organizational goals efficiently.
Representative Experience:
- Serving for over two decades as legal advisor to the Hotel Association of Nepal (HAN), the umbrella body for the country’s hospitality industry. Our work has included representing HAN in collective bargaining negotiations with sectoral unions, successfully negotiating the introduction of a standardized service charge (gratuity) system for employees, advising on compliance with new labour laws, and supporting HAN in policy advocacy during the drafting of industry-specific provisions under the new labour legislation;
- Advised two international consulting and development firms on resolving employee disputes in Nepal, ensuring compliance with local labor laws and achieving amicable settlements;
- Defended various companies (operating across different industries) against employee disciplinary claims before the Supreme Court, successfully upholding internal procedures and employer actions; and
- Assisted in the repatriation of a foreign national employee following the individual’s renunciation of U.S. citizenship, coordinating with Nepali immigration authorities and the U.S. Embassy to ensure all legal formalities were satisfied.