Workplace Discrimination & Harassment Law in Nepal

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General Information

Updated: March 12, 2026
Nepal Divorce Services

Workplace discrimination and harassment remain widespread problems in Nepal despite strong legal protections. The Labour Act 2074 (2017) explicitly prohibits discrimination in employment, while the Sexual Harassment at Workplace (Prevention) Act 2071 (2015) specifically addresses sexual harassment. Together with the Constitution of Nepal 2015 and the National Criminal Code 2074, these laws give employees clear rights and multiple avenues for redress.

This guide explains what constitutes workplace discrimination and harassment under Nepali law, your legal rights as an employee, the complaint process, available penalties and compensation, and where to seek help.

What Constitutes Workplace Discrimination in Nepal?

Under Section 6 of the Labour Act 2074, no employer shall discriminate against any worker on the grounds of religion, colour, sex, caste, tribe, origin, language, ideological conviction, or other similar grounds. Section 7 separately prohibits discrimination in remuneration for equal work — meaning men and women performing the same job must receive equal pay.

The Constitution of Nepal 2015 reinforces this through Article 18 (Right to Equality), which prohibits discrimination on any grounds including origin, religion, race, caste, tribe, sex, physical condition, disability, health status, marital status, pregnancy, economic condition, language, geography, or ideology.

Type of Discrimination	Examples	Governing Law
Gender discrimination	Unequal pay, denial of maternity benefits, promotion bias	Labour Act 2074 (Sections 6, 7), Constitution Art. 18
Caste/ethnic discrimination	Exclusion from hiring, caste-based slurs, untouchability practices	Constitution Art. 24, Caste-Based Discrimination and Untouchability Act 2068
Religious discrimination	Forcing religious practices, denying leave for religious observances	Labour Act 2074 (Section 6), Constitution Art. 26
Disability discrimination	Refusing reasonable accommodation, denying employment based on disability	Rights of Persons with Disabilities Act 2074, Labour Act 2074
Age discrimination	Forced early retirement before legal age (58 years), age-based denial of benefits	Labour Act 2074 (Section 147)

Exceptions: The Labour Act 2074 specifies that the following are not considered discrimination: giving preference based on inherent job requirements, assigning lighter duties to pregnant workers without reducing pay, or giving preference to workers with disabilities for suitable positions.

What Constitutes Sexual Harassment at the Workplace?

The Sexual Harassment at Workplace (Prevention) Act 2071 (2015) defines sexual harassment broadly. Under Section 4 of the Act, the following unwelcome acts committed through abuse of position, power, coercion, undue influence, or enticement constitute sexual harassment:

Category	Examples
Physical acts	Unwanted touching, groping, pinching, kissing, or physical assault of a sexual nature
Verbal acts	Sexual comments, jokes, requests for sexual favours, propositions, repeated unwanted invitations
Non-verbal acts	Leering, sexual gestures, displaying pornographic material, sending obscene messages or images
Written/electronic acts	Sexually explicit emails, messages, social media harassment, sharing intimate images without consent
Quid pro quo	Conditioning employment, promotion, or benefits on sexual favours
Hostile environment	Creating a workplace atmosphere that is intimidating, hostile, or offensive through persistent sexual conduct

The Act is gender-neutral — both men and women can be victims or perpetrators of sexual harassment. The Act applies to all workplaces including government offices, private enterprises, NGOs, educational institutions, and hospitals.

What is Mental Harassment at the Workplace?

"Mental harassment law in Nepal" is one of the most searched terms related to workplace harassment. While Nepal does not have a standalone law specifically titled "mental harassment," several laws cover it:

Behaviour	Legal Protection
Bullying, intimidation, threats	National Criminal Code 2074 — offences of coercion, intimidation, and threatening
Verbal abuse, insults, humiliation	National Criminal Code 2074 — defamation and insult provisions
Deliberate isolation, exclusion from work	Labour Act 2074 — unfair labour practices (Chapter 14)
Unreasonable workload designed to force resignation	Labour Act 2074 — constructive dismissal protections
Psychological pressure related to sexual conduct	Sexual Harassment Act 2071 — covers emotional and psychological harm
Domestic violence impacting work (by spouse/family)	Domestic Violence (Offence and Punishment) Act 2066

Your Legal Rights as an Employee

Under Nepal's legal framework, every employee has the following rights regarding workplace discrimination and harassment:

Right	Source
Right to work in a safe, fair, and dignified environment	Constitution of Nepal 2015, Art. 33 (Right to Employment)
Right to equality and non-discrimination	Constitution Art. 18; Labour Act 2074, Sections 6–7
Right to be free from sexual harassment	Sexual Harassment Act 2071, Section 3
Right to file a complaint without retaliation	Sexual Harassment Act 2071; Labour Act 2074, Section 9
Right to compensation for harm suffered	National Civil Code 2074 (tort provisions); Sexual Harassment Act 2071
Right to join a trade union	Labour Act 2074, Section 8
Right to remedy through Labour Court	Labour Act 2074, Section 9

Employer's Legal Obligations

The Sexual Harassment Act 2071 places specific duties on employers. Failure to comply can result in fines of up to NPR 25,000 per violation, with double penalties for repeat offences.

Employer Obligation	Legal Basis
Incorporate anti-harassment provisions in internal employment rules	Sexual Harassment Act 2071, Section 5
Create awareness on workplace sexual harassment issues	Sexual Harassment Act 2071, Section 5
Establish an internal complaint handling mechanism	Sexual Harassment Act 2071, Section 6
Maintain a grievance box in the workplace	Sexual Harassment Act 2071, Section 14
Prevent recurrence of harassment incidents	Sexual Harassment Act 2071, Section 5
Provide psychological support to victims	Sexual Harassment Act 2071, Section 5
Allow victims to file complaints anonymously	Sexual Harassment Act 2071, Section 5
Ensure no retaliation against complainants	Sexual Harassment Act 2071; Labour Act 2074

How to File a Complaint: Step-by-Step Process

Step 1: Document Everything

Before filing a complaint, gather and preserve all evidence. This includes the date, time, and location of each incident, names of the perpetrator and any witnesses, screenshots of messages or emails, photographs if applicable, and your own written account of what happened. Keep copies in a secure location outside the workplace.

Step 2: Use the Internal Complaint Mechanism

Report the incident to your supervisor, HR department, or the internal complaint handling committee. Under the Sexual Harassment Act 2071, the employer or manager must address the complaint and take corrective action. If you are uncomfortable reporting to your direct supervisor (e.g., if they are the harasser), you can escalate directly to the external authority.

Step 3: File with the External Complaint Authority

If the internal mechanism fails or is unavailable, file a complaint with the following external bodies:

Authority	Jurisdiction	What They Can Do
Chief District Officer (CDO)	Sexual harassment cases under the 2071 Act	Investigate, impose imprisonment up to 6 months and/or fine up to NPR 50,000, order compensation
Labour Office / Department of Labour	Discrimination and unfair labour practices	Mediate disputes, issue directives to employers, refer to Labour Court
Labour Court	All employment-related disputes	Order reinstatement, compensation, penalties against employer
Nepal Police (Women, Children & Senior Citizen Service Centre)	Criminal offences — assault, rape, coercion	Register FIR, investigate, refer to prosecutor
National Human Rights Commission	Human rights violations by state or private actors	Investigate, recommend action, provide legal aid
National Women's Commission	Gender-based violence and discrimination	Investigate, recommend action, coordinate support services

Step 4: File a Criminal Case (If Applicable)

For serious offences such as physical assault, rape, coercion, or threats, file a First Information Report (FIR) at the nearest police station. Under the National Criminal Code 2074, Section 224, sexual harassment is punishable by up to 3 years imprisonment and a fine of up to NPR 30,000.

Step 5: File a Civil Suit for Compensation

Under the National Civil Code 2074, you can file a civil suit in the District Court seeking compensation for physical harm, mental suffering, medical expenses, lost income, and career damage caused by discrimination or harassment.

Penalties and Punishments

Offence	Penalty	Authority
Sexual harassment at workplace (Sexual Harassment Act 2071)	Up to 6 months imprisonment and/or fine up to NPR 50,000	Chief District Officer
Repeat sexual harassment offence	Double the above penalty	Chief District Officer
Employer non-compliance with Act obligations	Fine up to NPR 25,000; double for repeat	Chief District Officer
Filing a false harassment complaint	Fine up to NPR 10,000	Chief District Officer
Sexual harassment (Criminal Code 2074, Section 224)	Up to 3 years imprisonment and/or fine up to NPR 30,000	District Court
Employment discrimination (Labour Act 2074)	Fines as directed by Labour Court; employer may face additional sanctions	Labour Court
Caste-based discrimination/untouchability	Up to 3 years imprisonment and fine up to NPR 300,000	District Court

In addition to penalties on the offender, the external complaint authority can order the perpetrator to pay compensation to the victim for physical and mental harm, as well as actual expenses incurred in filing the complaint.

Workplace Harassment and Divorce in Nepal

Workplace harassment — particularly sexual harassment — can become grounds for divorce under the National Civil Code 2074. If a spouse is subjected to workplace harassment that causes mental distress, physical harm, or damage to the marital relationship, this may support a divorce petition. Additionally, if the harasser is the victim's own spouse (e.g., in a family-run business), the Domestic Violence Act 2066 provides additional protections.

At Nepal Divorce Services, we handle cases where workplace harassment intersects with family law — including situations where domestic abuse extends into the workplace, or where a spouse's harassment at work leads to marital breakdown. Contact our legal team for a confidential consultation.

Key Legal References

Law	Key Provisions
Constitution of Nepal 2015	Art. 18 (equality), Art. 24 (untouchability), Art. 29 (exploitation), Art. 33 (employment)
Labour Act 2074 (2017)	Sec. 6 (discrimination), Sec. 7 (equal pay), Sec. 8 (trade union), Sec. 9 (remedy)
Sexual Harassment at Workplace (Prevention) Act 2071 (2015)	Sec. 3 (right), Sec. 4 (definition), Sec. 5 (employer duties), Sec. 6 (complaint), Sec. 19 (penalties)
National Criminal Code 2074	Sec. 224 (sexual harassment — 3 yrs/NPR 30,000), assault, coercion, intimidation provisions
National Civil Code 2074	Tort provisions — compensation for wrongful harm
Caste-Based Discrimination and Untouchability Act 2068	Up to 3 yrs imprisonment, NPR 300,000 fine
Domestic Violence (Offence and Punishment) Act 2066	Physical, mental, sexual, economic harm within domestic relationship

Where to Seek Help

Organization	Contact	Services
Nepal Police (Women & Children Service)	100 (Emergency) / 1145 (Women Helpline)	FIR registration, investigation, referral
National Human Rights Commission	01-5010015 / complaints.nhrc.np	Investigation, legal aid, monitoring
National Women's Commission	01-4232095	Gender violence investigation, support coordination
Chief District Officer (CDO)	Respective district administration office	External complaint authority for Sexual Harassment Act
Labour Office / Department of Labour	Respective district labour office	Mediation, employer directives, Labour Court referral
Nepal Bar Association	01-4218770	Lawyer referral, pro bono legal services

Frequently Asked Questions

The primary laws are the Labour Act 2074 (Sections 6 and 7 prohibit discrimination and unequal pay), the Constitution of Nepal 2015 (Article 18 guarantees equality), the Sexual Harassment at Workplace (Prevention) Act 2071, and the Caste-Based Discrimination and Untouchability Act 2068.

Under the Sexual Harassment at Workplace (Prevention) Act 2071, the offender can face up to 6 months imprisonment and/or a fine of up to NPR 50,000. Under Section 224 of the National Criminal Code 2074, the penalty is up to 3 years imprisonment and/or NPR 30,000 fine. Repeat offenders face double penalties.

Nepal does not have a standalone "mental harassment" law, but mental harassment is covered under multiple laws. The National Criminal Code 2074 addresses coercion, intimidation, and threatening. The Labour Act 2074 covers unfair labour practices. The Sexual Harassment Act 2071 covers psychological harm from sexual conduct. The Domestic Violence Act 2066 covers mental harm in domestic relationships.

You can file with: (1) your employer's internal complaint committee, (2) the Chief District Officer (CDO) for sexual harassment cases, (3) the Labour Office for discrimination and unfair practices, (4) Nepal Police (dial 100 or 1145) for criminal offences, or (5) the National Human Rights Commission for human rights violations.

Yes. Under the Sexual Harassment Act 2071, an employer who fails to comply with their legal obligations — such as establishing an internal complaint mechanism, incorporating anti-harassment rules, or creating awareness — can be fined up to NPR 25,000. Repeat non-compliance attracts double the penalty.

The Labour Act 2074, Section 6 prohibits discrimination based on religion, colour, sex, caste, tribe, origin, language, ideological conviction, or similar grounds. The Constitution of Nepal 2015 extends this to include disability, health status, marital status, pregnancy, economic condition, and geography.

Yes. The external complaint authority (CDO) can order the harasser to pay compensation for physical and mental harm plus all expenses incurred in filing the complaint. You can also file a civil suit under the National Civil Code 2074 in the District Court for additional compensation including lost income, medical costs, and pain and suffering.

Yes. The Sexual Harassment at Workplace (Prevention) Act 2071 is gender-neutral. Both men and women can be victims or perpetrators of sexual harassment under the Act. The protections apply equally regardless of the gender of the complainant.

Under the Caste-Based Discrimination and Untouchability Act 2068, caste-based discrimination is punishable with up to 3 years imprisonment and a fine of up to NPR 300,000. This applies to all settings including the workplace.

No. Both the Sexual Harassment Act 2071 and the Labour Act 2074 protect employees from retaliation for filing complaints. If an employer terminates you for reporting harassment, you can challenge the dismissal at the Labour Court and seek reinstatement and compensation.

If the internal mechanism fails, escalate to the Chief District Officer (CDO) for sexual harassment cases, or the Labour Office for discrimination. You can also file an FIR with Nepal Police (dial 100) if the conduct is criminal, or approach the National Human Rights Commission for investigation.

Yes. Workplace harassment — particularly sexual harassment causing mental distress — can be used as evidence in divorce proceedings under the National Civil Code 2074. If the harasser is the spouse (e.g., in a family business), the Domestic Violence Act 2066 also applies.

The CDO serves as the external complaint handling authority under the Sexual Harassment Act 2071. The CDO can investigate complaints, impose imprisonment up to 6 months and/or fines up to NPR 50,000 on the offender, order compensation to the victim, and fine employers up to NPR 25,000 for non-compliance.

Yes. Under the Sexual Harassment Act 2071, anyone who knowingly files a false complaint of sexual harassment is subject to a fine of up to NPR 10,000. This provision is designed to deter frivolous claims while still protecting genuine victims.

While not legally required, a lawyer is strongly recommended for criminal cases, Labour Court proceedings, and civil compensation claims. For legal guidance on workplace harassment or related family law matters, contact Nepal Divorce Services for a confidential consultation.

At Nepal Divorce Services, known as the first divorce law firm in Nepal, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyer in Nepal is here to guide you through the divorce process in Nepal and clearly explain divorce law in Nepal. Reach out today for confidential support and take the next step with confidence and clarity.

Whether you're inside or outside Nepal and need assistance with filing a divorce case in Nepal, we're here to help. Our services are accessible worldwide. You can contact us directly at +977 9841114443. We're also available on Viber and WhatsApp. Feel free to reach out to us with any inquiries or for expert guidance on divorce proceedings.