Process of Obtaining a Work Permit in Nepal

Process of Obtaining a Work Permit in Nepal

This article explains detail process for obtaining work permit in Nepal. Any foreign national willing to work in Nepal must receive the work permit and employer have to ensure that the foreign employees have the required permits before engaging the employee on work.

1. Governing law for Nepal

2. Governing authority

Following are the governing authorities responsible for the work permit in Nepal:

S.N.Governing AuthorityRegulatory Approval
1Department of Labor and Occupational Safety ("DOL")Authority to issue the work permit
2Ministry of Home AffairsAuthority to Provide the No Objection Letter
3Department of Immigration("DOIM")Authority to issue working visa i.e., non-tourist visa for the work permit

 

3. Grounds for obtaining a work permit:

Governing authority provides the work permit on the following conditions:
a) Unavailability of Skill Manpower
b) Obtaining Work Permit by Direct Recording

 

S.N.Grounds for providing work permitDetails
1Unavailability of Skill ManpowerUnavailability of Skilled Human Resource in Nepal
2Special Privilege to company having foreign investment in Nepal and project operating through foreign aid ("Obtaining Work Permit By Direct Recording")Maximum of 3 (three) employees of entities with foreign investment or operated in foreign aid projects.
3Short Term Work Permit for Technical Casual Work ("Obtaining Work Permit By Direct Recording")Technician who comes for a period of 3 months or less to repair any machinery or to install new technology or to do other similar emergency work.

 

4. Exception of the work permit

Any of the following foreign nationals are exempted from the work permit:

a. who are entitled to diplomatic immunity; or

​​​​​​b. who are exempted from needing a work permit according to any treaty or agreement concluded with the Government of Nepal.

 

5. Process of obtaining a work permit in case of unavailability of skill manpower

Following steps are required to be followed to obtain work permit:

 

Process of Obtaining Work Permit in Nepal

 

 

5.1. Documents required for obtaining a work permit in case of unavailability of skill manpower

The following are the documents required to obtain a work permit from the DOL through the general procedure:

 

S.N.Documents
1.Application in the prescribed format
2.Copy of advertisements published in a national daily newspaper and the online portal established as prescribed by DOL (www.jobkhoj.gov.np)
3.Passport of employee (with minimum 6 months validity period remaining)
4.Personal details of the foreign national (Bio-data)
5.Tax clearance certificate of the employer
6.Qualification details of the candidate if any application is submitted by Nepalese citizens
7.Action plan to replace foreign workers by making Nepali citizens skilled
8.No-objection letter from the Ministry of Home Affairs of Nepal Government (if necessary)
9.Company Certificate, MOA/AOA of the company
10.Labor Audit
11.Certificate of affiliating with the Social Security Fund (if any)

 

6.Timeline to obtain a work permit

The timeline for obtaining a work permit in Nepal is usually  takes 30 to 45 days. Sometimes it may require additional days to receive the approval from concerned government authority.

 

7. Obtaining Work Permit by Direct Recording

The prevailing law of Nepal provides facility of providing the work permit based on recoding the foreign employee at Department of Labor on the following conditions:

 

7.1.Local Subsidiary Company with Foreign Investment and Project Operated by Foreign Aid:

Pursuant to Rule Number 13 of Labor Rules entities with foreign investment or operated in foreign aid have flexibility in hiring foreign national. They can hire 3 foreign national by directing submitting the application to Department of Labor.

7.2. Short Term Work Permit for Technical Casual Work

Technician who are hired in Nepal comes for a period of 3 months or less to repair any machinery or to install new technology or to do other similar emergency work can receive the work permit by direct recording. ( Pursuant to Rule Number 24 of the Labor Rules).

8. Government Fee Applicable For Work Permit

Government Fee to obtain work permit in Nepal are as follows:

 

S.N.MonthsGovernment Fee at DOL (NPR per person)
1.Up to 6 months15,000
2.Above 6 months20,000

 

9. Maximum numbers of Foreign employees

The maximum numbers of foreign nationals as employees that can be hired by an entity are as follows:

 

S.N.ConditionsNumber of foreign employee
1.If there is any special agreement made between the employer and the government of NepalAs per the agreement.
2.Except in the case of diplomatic immunity or not required to obtain a labor permit in accordance with any special agreement with the Government of NepalUp to 5% (five percent) of the total number of workers required

 

10. Validity of work permit

The work permit is granted for the following period of time:

S.N.Types of LaborValidity Period
1.Foreign national with high skills, technical knowledgeup to 5 years
2.Other foreign nationalsup to 3 years

Note: The employer must submit an application before DOL for renewal at least 30 days before the expiry of the validation of the work permit.

 

 

11. Consequence of Non-Compliance

If a foreign national is found to be working without obtaining a labor permit or without keeping records, the governing authority shall immediately remove such foreign national from work. Further the governing authority may impose a fine not exceeding two hundred thousand rupees on the basis of the number of such laborers and an additional fine at the rate of five thousand rupees per person per month in case such a person continues to employ such a foreigner in spite of the punishment so imposed.

 

Date of Publication: 12 September 2023

 

Disclaimer: Bhandari Law and Partners is one of the leading law firm in Nepal  with team of best professional lawyers in Nepal.This article published on website of the law firm is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please Contact Us.

 

Related Professionals:

Frequently Asked Questions

1. Why is Work Permit Needed?

To work in Nepal, every Non-Nepali citizen needs a valid work permit in Nepal. The process includes the validation of various documents from official governmental departments. Employers have to ensure that their foreign employees have the required permits to work in the country.

2. Who needs a work permit in Nepal?

Foreign nationals who wish to work in Nepal need a work permit except (i) any special agreement who are entitled to diplomatic immunity and (ii) who are exempted from needing a work permit according to any treaty or agreement concluded with the Government of Nepal.

3. Is the work permit sufficient to work in Nepal?

No work permit is not sufficient to work in Nepal. Based on the work permit foreign nationals should receive a non-tourist visa i.e. working visa from the Department of Immigration upon the recommendation of the Department of Labor of the Government of Nepal.

 

4. What details should the employer include in the job vacancy announcement when publishing it in a national daily newspaper?

Details required to be included in the job vacancy announcement are as follows:

a)    The posts, numbers, and main work to be done,

b)    The minimum educational qualification, experience, and training required;

c)    Selection method,

d)    The last date and place of filing an application,

e)    Details and documents required to be attached with the application.

5. How long does it take to get a work permit in Nepal?

The timeline for obtaining a work permit in Nepal is usually 30 to 45 days. Sometimes it may require additional days to receive the approval from concerned government authority.

6. What is the validity of a work permit in Nepal?

The validity of the work permit are as follows:

S.N.Types of LaborValidity Period
1.Foreign national with high skills, technical knowledgeup to 5 years
2.Other foreign nationalsup to 3 years

 

7. Can I change my job while on a work permit in Nepal?

Changing jobs while on a work permit is possible, but it usually requires applying for a new work permit with your new employer.

8. How can a work permit be renewed?

In order to renew the work permit, the employer must submit an application before DOL for renewal at least 30 days before the expiry of validation of the work permit and upon submission, DOL will renew it.

9. What are the fees associated with a work permit application in Nepal?

Government Fee to obtain work permit in Nepal are as follows:

S.N.MonthsGovernment Fee at DOL (NPR per person)
1.Up to 6 months15,000
2.Above 6 months20,000

Note: Fee required for the Working Visa is excluded.

10. What happens if foreign nationals work in Nepal without a valid work permit?

If a foreign national is found to be working without obtaining a labor permit or without keeping records, the governing authority shall immediately remove such foreign national from work. Further the governing authority may impose a fine not exceeding two hundred thousand rupees on the basis of the number of such laborers and an additional fine at the rate of five thousand rupees per person per month in case such a person continues to employ such a foreigner in spite of the punishment so imposed.

For quick legal assistance:

You can directly call to our legal expert: +977-9808811027

Even can call or drop a text through What’s app , Viber, Telegram and We Chat at the same number.

Also can do email on : info@lawbhandari.com

contact us

Get in Touch with Our Legal Experts

Have a question or need legal assistance? Fill out our contact form and our team of experienced lawyers in Kathmandu, Nepal will get back to you promptly.

 

Please include your WhatsApp or Viber number in the phone section if you'd prefer a direct call from one of our legal professionals.

 

We are here to provide trusted legal support tailored to your needs.

 

Consult a lawyer in Nepal

 

Connect with our professional lawyers in Nepal :

Follow Our Law Firm on Social Media :

CONTACT FORM: REACH OUT TO US AT ANY TIME

Publication