Kathmandu. In accordance with the provisions of the Labor Law, even insurance companies as professional enterprises have been appointed in the last fiscal year 2081. There are only three days left to submit the labor audit report of 82 people.
As per the provision, the licensed insurer has to prepare the labor audit report of the last fiscal year within 6 months of the completion of each fiscal year and submit it to the Labour Office and Nepal Insurance Authority.
Rule 56 of the Labour Regulations, 2075 BS has provisions for the work procedure of labour audit. The labour audit should be carried out by any professional or industrial enterprise through its own managerial level worker or any other person or institution related to the labour sector as per the criteria set by the Ministry of Labour, Employment and Social Security regarding the activities of any business or industrial establishment as per the Labour Act and Rules.
The format as per the Schedule 10 of the Labour Regulations should be used while preparing the report of labor audit. Such a report should be made available to the inspector of the establishment. The Labour Office can impose a fine of up to Rs 20,000 on each person or manager of the enterprise if he or she is found to have mentioned wrong details in the audit report.
A copy of the labour audit report should be submitted to the Labour Relations Committee and the Insurance Authority of Nepal should be submitted.
If the labour audit report is not submitted within the stipulated time, the senior manager of the insurance company will have to pay a fine of Rs 20,000.
The inspector or employee shall submit a report to the office setting out the prescribed details within 15 days from the date of completion of inspection of the establishment or workplace pursuant to Chapter 15 of the Act. After receiving the report, the Office should carry out necessary study and immediately instruct to make corrections if any work, process or other matters of any institution and to stop any violation of the law. If the party is not satisfied with the directive, the concerned party can appeal to the Labour Court within 35 days. The decision of the Labour Court on appeal is final.
Article 33 of the constitution guarantees the right to employment to every citizen of the country and Article 34 guarantees every worker the right to fair labour practice and social security based on proper remuneration, facilities and contribution. Similarly, Article 51 of the Constitution provides for the policy related to labor and employment. Clause 100 of the Labour Act has made it mandatory to conduct labour audit in order to continuously monitor whether or not the provisions of the constitution are being implemented or not and to correct the weaknesses.
According to Section 5 of the Labour Audit Standard, any enterprise can get the labour audit done by the managerial level employees working in its own establishment. In the case of a person or organization outside the establishment, the person should be a Nepali citizen and have at least two years of experience in the managerial work of any industrial establishment. Similarly, in the case of an organization, it should be registered in accordance with the law and should be qualified for labor related subjects in the objectives and work area of the organization.
