Termination Process
The employee can terminate the employment voluntarily by submitting a resignation letter.
The employment of the worker on work bound employment is terminated after the completion of the work provided in the employment agreement.
If the performance of the employee is found to be unsatisfactory or below the standard in the performance appraisal for three or more times, the employment of such worker may be terminated by the employer.
However, prior to terminating the employment the performance appraisal as per the Regulation under the Act or Bylaws should have been conduct.
Such employee should be provided an opportunity to submit explanation giving at least seven (7) days by the employer where ten (10) or more people work.
In case any employee is physically or mentally disabled or injured rendering him/her unable to work or requiring a long period for medical treatment effecting in the work of the entity, the employer, on recommendation of a medical practitioner may terminate his/her employment.
The employee or employer terminating the employment should provide a notice except in the situation of termination by dismissal.
The notice requirement is linked to the length of service which is as follows.
- If the period of employment is up to 4 weeks, then the notice period is of 1 day.
- If the period of employment is from 4 weeks to 1 year, then the notice period is of 7 days.
- If period of employment is more than 1 year, then the notice period is of 30 days.
Notice Period
The notice period in Nepal is:
The employee or employer terminating the employment should provide a notice except in the situation of termination by dismissal.