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Pioneer Law-Social Security System in Nepal.pdf - 5/2/2019...

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5/2/2019Pioneer Law-Social Security System in Nepal1/9LEGAL NEWSSocial Security System in NepalJanuary 11, 20191. Social Security Regulation, 2018 (2075)The Government of Nepal (“GoN”) has framed the Contribution Based Social Security Regulations, 2018 (2075) (“Social SecurityRegulations”) by exercising the power conferred to it under Section 69 of the Contribution based Social Security Act (“Social SecurityAct”). The Social Security Regulations has been published in Nepal Gazette on November 19, 2018 (Mangsir 03, 2075) with immediateeffect.The Social Security Regulations has prescribed certain matters as required by the Social Security Act. Such matters include (a) theprocedure for participation in Social Security Schemes (b) registration of the employer and employee with Social Security Fund (c)operation of fund, etc.2. Social Security Schemes Operation Directives, 2018 (2075)The Social Security Fund (the “SSF”) has formulated the Social Security Schemes Operational Directives (“Directives”) to operate theSocial Security Schemes pursuant to Section 10 of the Social Security Act. The Directive has been approved by the Ministry of Labor,Employment and Social Security on November 22, 2018 (2075/08/06) and has been effective thereof.3. Laws dealing with Social Security SchemesThe Social Security Schemes are subject to the following laws, regulations, directives and notifications:Legal SourcesEffective DateLabor Act, 2074 (“Labor Act”)September 04, 2017Labor Regulations, 2075 (“Labor Regulations”)June 22, 2018Contribution Based Social Security Act, 2074 (“SocialSecurity Act”)August 13, 2017Contribution Based Social Security Regulations, 2075 (“SocialSecurity Regulations”)November 19, 2018Social Security Schemes Operational Directives, 2075(“Directives”)November 22, 2018Gazette Notice Requiring Enrollment of Employer to the SocialSecurity Fund ("Enrollment Gazette Notice")November 12, 20184. Requirement of Enrollment By Employer4.1.The Enrollment Gazette Notice does not specify the sector or nature of industry, business, service or transaction subject to theenrollment with SSF. Therefore, all employers are required to be registered with the SSF.4.2. The Enrollment Gazette Notice requires the Employers to enroll with the SSF within the timeline as below:Employers by Region (Location)TimelineDate
5/2/2019Pioneer Law-Social Security System in Nepal2/9Employers and Outsourcing Companies withinKathmandu ValleyWithin 3 months from Mangsir 06, 2075(November 22, 2018)Within Falgun 05, 2075 (February 17, 2019)Employers of Province Number 3 (exceptKathmandu Valley)Within 3 months from Mangsir 15, 2075(December 01, 2018)Within Falgun 14, 2075 (February 26, 2019)Employers of Province Number 1Within 3 months from Poush 01, 2075(December 16, 2018)Within Falgun 30, 2075 (March 14, 2019)Employers of Province Number 2Within 3 months from Poush 15, 2075(December 30, 2018)Within Chaitra 14, 2075 (March 28, 2019)Employers of Gandaki Province and ProvinceNumber 5Within 3 months from Magh 01, 2075

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Term
Winter
Professor
Dr. Pak Lee
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