Table of Contents
Over 400,000 people work as domestic helpers in Nepal, yet most have no written contract, no fixed salary, and no leave. The law says otherwise. Nepal's Labour Act 2074 (2017) extends protection to every worker — including those employed in private households as cooks, cleaners, caregivers, and gardeners. The gap is not legal but practical: neither employers nor workers know the rules.
If you employ domestic help or work as one, this guide covers every legal right and obligation — from minimum wage and working hours to termination notice, gratuity, and the complaint process under Nepal law. For the full employment framework, read our guide on labour law in Nepal.
Domestic worker rights in Nepal are protected under the Labour Act 2074 and Labour Rules 2075. Domestic workers are entitled to a minimum wage of NPR 19,550/month, 8-hour workdays, one weekly rest day, 13 days of public holiday leave, 18 days of annual leave, and a written employment contract. Employers who violate these provisions face fines up to NPR 300,000 and criminal liability under the Act.
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Are Domestic Workers Covered by Nepal's Labour Act?
Yes. Section 3 of the Labour Act 2074 applies to every establishment where one or more workers are employed. The Act does not exclude private households. Any person hired to perform household tasks — cooking, cleaning, childcare, gardening, driving — qualifies as a worker under the Act if the relationship involves regular work in exchange for remuneration.
The Labour Rules 2075 (2018) reinforce this by defining "worker" broadly. The Supreme Court of Nepal has also recognised domestic workers as employees in multiple rulings, emphasising that the absence of a formal contract does not negate the employment relationship.
What the Law Says vs. Ground Reality
| Legal Provision | What the Law Guarantees | Ground Reality |
|---|---|---|
| Labour Act 2074, Section 3 | All workers are covered, including domestic workers | Most employers are unaware of legal obligations |
| Section 11 — Employment contract | Written contract mandatory after 1 day of work | Over 90% of domestic workers have no written agreement |
| Section 34 — Minimum wage | NPR 19,550/month minimum | Average domestic worker earns NPR 8,000–12,000 |
| Section 28 — Working hours | 8 hours/day, 48 hours/week | Many live-in workers work 12–16 hours daily |
| Section 43 — Weekly rest | 1 full rest day per week | Many workers get no regular day off |
The legal protections exist. The enforcement challenge is real — but that does not diminish the rights. Any domestic worker can file a complaint at the District Labour Office and, if necessary, the Labour Court.
Minimum Wage for Domestic Workers (2083 BS)
The Government of Nepal sets the national minimum wage through the Minimum Remuneration Fixation Committee under Section 34 of the Labour Act 2074. As of 2083 BS (2026 AD), the minimum monthly wage is NPR 19,550 plus a dearness allowance of NPR 2,334, bringing the total minimum to NPR 21,884/month.
This rate applies to all workers, including domestic helpers. Employers who pay below minimum wage are liable under Section 160 of the Labour Act, with fines up to NPR 100,000.
Wage Payment Rules
- Payment frequency: Monthly, within 7 working days of the end of each month (Section 35)
- Mode of payment: Cash or bank transfer — a receipt or bank record is mandatory
- Deductions: Only legally permitted deductions (income tax, SSF contribution) — no arbitrary cuts
- Overtime pay: 1.5x the regular hourly rate for work beyond 8 hours/day (Section 29)
In our legal practice, the most common dispute we see involves employers counting food and lodging as "payment." The Labour Act is clear: in-kind benefits do not count toward minimum wage. Meals and accommodation may be provided in addition to the cash wage, but they cannot replace it.
Working Hours and Rest Days
Domestic workers have the same working-hour protections as factory or office workers under the Labour Act 2074.
| Provision | Legal Standard | Section |
|---|---|---|
| Daily working hours | 8 hours maximum | Section 28 |
| Weekly working hours | 48 hours maximum | Section 28 |
| Overtime limit | 4 hours/day, 24 hours/week | Section 29 |
| Overtime rate | 1.5x regular hourly wage | Section 29 |
| Weekly rest day | 1 full day (Saturday or as agreed) | Section 43 |
| Half-hour break | Mandatory after 5 consecutive hours | Section 28(3) |
Live-in domestic workers deserve special attention here. The fact that a worker lives in the employer's home does not extend their working hours. Time spent sleeping, resting, or on personal activities is not work time. Only hours when the worker is actively performing duties or on-call at the employer's request count toward the 8-hour limit.
Leave Entitlements: Annual, Sick and Festival
The Labour Act 2074 guarantees domestic workers the same leave entitlements as all other employees. Employers cannot deny leave by claiming that household work is "different."
| Leave Type | Entitlement Per Year | Section |
|---|---|---|
| Annual (home) leave | 18 working days | Section 44 |
| Sick leave | 12 working days (half-pay after 6 days) | Section 45 |
| Public holiday leave | 13 days (per Government gazette) | Section 46 |
| Mourning leave | 13 days (death of close family member) | Section 47 |
| Maternity leave | 98 days (60 days paid at full salary) | Section 48 |
| Paternity leave | 15 days (paid) | Section 48(5) |
Unused annual leave can be accumulated up to 90 days. Upon termination or resignation, the employer must pay out all accumulated leave at the worker's daily wage rate. This is a legally enforceable right — not a favour.
If your employer refuses to grant leave, you have every right to raise a formal complaint. Learn how the process works in our guide on the Labour Court in Nepal.
Written Contract for Domestic Workers
Section 11 of the Labour Act 2074 makes a written employment contract mandatory for any worker employed beyond one day. This applies fully to domestic workers. The contract must be in Nepali and signed by both the employer and the worker.
What the Contract Must Include
- Full name and address of both employer and worker
- Nature of work (cooking, cleaning, childcare, etc.)
- Working hours — start time, end time, break periods
- Monthly wage (in NPR) and payment date
- Leave entitlements — annual, sick, festival
- Termination notice period
- Whether accommodation or food is provided (in addition to wages)
- SSF and provident fund contribution details
A worker without a written contract is still legally an employee. The absence of a contract does not remove any rights — it only makes them harder to prove. If a dispute arises, the Labour Court will accept attendance records, bank transfers, neighbour testimony, and mobile phone communications as evidence of employment.
Termination Rights and Notice Period
Domestic workers cannot be dismissed without cause. The Labour Act 2074 sets clear rules for lawful termination — rules that apply equally to private households.
Lawful Termination Requirements
- Notice period: 30 days' written notice or 30 days' wages in lieu (Section 131)
- Valid grounds: Misconduct, incapacity, redundancy, or mutual agreement (Section 130)
- Due process: The employer must provide a written explanation of the reason for termination
- Immediate dismissal: Allowed only for gross misconduct (theft, violence, fraud) — and the employer must document the incident
Wrongful Termination
If a domestic worker is terminated without proper notice, without valid cause, or as retaliation for filing a complaint, the termination is wrongful under Section 132. The worker can file a complaint at the District Labour Office and then the Labour Court. Remedies include:
- Reinstatement to the position
- Back wages from the termination date
- Compensation up to 2 years' salary in lieu of reinstatement
- Payment of all outstanding dues — leave balance, gratuity, SSF contributions
For broader employment protections and your options when facing unfair treatment, see our complete guide on foreign employment in Nepal.
Gratuity and Provident Fund for Domestic Workers
Domestic workers who complete continuous service are entitled to gratuity and provident fund contributions — two of the most commonly denied benefits in the household employment sector.
Gratuity
Under Section 52 of the Labour Act 2074, any worker who completes at least 3 years of continuous service is entitled to gratuity. The calculation is straightforward:
- Formula: (Last month's basic salary / 30) x number of days of service
- Rate: One month's salary for every year of service
- Payment: Due within 7 days of the worker's last working day
Provident Fund
The employer must contribute 10% of the worker's basic salary to the provident fund, and deduct a matching 10% from the worker's wages (Section 53). The combined 20% is deposited into the worker's provident fund account. Workers employed in households registered with the Social Security Fund (SSF) may have provident fund integrated into the SSF scheme.
Many domestic workers lose gratuity and provident fund entitlements simply because they are unaware of these rights. If your employer has not been contributing, the amounts are still recoverable — even after you leave the job — through the Labour Office or Labour Court.
How to Report Abuse or Non-Payment
Domestic workers who face wage theft, physical abuse, or denial of rights have multiple legal channels available. Filing a complaint is free and does not require a lawyer — though legal representation improves outcomes.
Step-by-Step Complaint Process
- Document the violation — save salary records, messages, photos of living conditions, or any evidence of the issue
- File a complaint at the District Labour Office — the office will attempt conciliation between you and the employer within 30 days
- If conciliation fails — the Labour Officer issues a failure certificate, allowing you to file at the Labour Court
- File at the Labour Court — prepare a written petition with evidence and the failure certificate; filing fees range from NPR 500 to NPR 5,000
- For criminal abuse (violence, confinement, sexual harassment) — file a First Information Report (FIR) at the nearest police station under the Criminal Code 2074
The Domestic Violence (Offence and Punishment) Act 2066 provides additional protections. If a domestic worker faces physical, mental, or sexual abuse from the employer or household members, the police and courts can issue protection orders and impose criminal penalties.
Key Takeaway: You do not need a written contract to file a complaint. Under the Labour Act 2074, anyone who has worked for an employer for more than one day is recognised as an employee. Bank transfers, witness testimony, and phone messages are valid evidence.
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Social Security Fund (SSF) for Domestic Workers
Nepal's Social Security Act 2074 establishes the Social Security Fund (SSF) as a mandatory social protection scheme. The combined contribution rate is 31% of basic salary — 20% from the employer and 11% from the worker.
SSF coverage provides domestic workers with:
- Medical treatment — outpatient and inpatient coverage
- Maternity benefits — cash payments during maternity leave
- Accident insurance — coverage for workplace injuries
- Disability benefits — support for permanent incapacity
- Old-age pension — monthly payments after retirement
- Dependent family benefit — payment to family members upon the worker's death
In practice, SSF registration for domestic workers remains low because many household employers are not registered as formal "establishments." However, the law does not exempt them. Any employer with one or more workers is required to register with the SSF and make contributions. Non-compliance carries fines under the Social Security Act.
Special Protections for Child Domestic Workers
Nepal's laws strictly prohibit child labour. Under the Child Labour (Prohibition and Regulation) Act 2056 and the Labour Act 2074:
- No person under 14 years may be employed in any capacity
- Persons aged 14–18 may only work in non-hazardous roles, with limited hours (6 hours/day, 36 hours/week)
- Night work (6 PM to 6 AM) is prohibited for workers under 18
- Employing a child under 14 as domestic help is a criminal offence punishable by up to 1 year imprisonment and fines
If you know of a child working as domestic help, you can report the situation to the District Child Welfare Board or the police. The National Child Rights Council also accepts complaints.
Common Violations and How to Address Them
Based on legal consultations and labour disputes we have observed, these are the most frequent violations against domestic workers in Nepal:
| Violation | Legal Right | Remedy |
|---|---|---|
| No written contract | Contract mandatory (Section 11) | Demand a written contract; file at Labour Office if refused |
| Below minimum wage | NPR 19,550/month minimum (Section 34) | File wage complaint at Labour Office; recover back-pay |
| No day off | 1 weekly rest day (Section 43) | Demand rest day; report to Labour Office |
| Withholding salary | Payment within 7 days of month-end (Section 35) | File complaint; employer faces fines up to NPR 100,000 |
| Physical or verbal abuse | Protection under Domestic Violence Act 2066 | File FIR at police station; seek protection order from court |
| Confiscating documents | Illegal under Criminal Code 2074 | File police report; employer faces criminal charges |
| No gratuity after 3+ years | Gratuity mandatory (Section 52) | File claim at Labour Office; recoverable through Labour Court |
International Standards and Nepal's Commitments
Nepal ratified ILO Convention No. 189 (Domestic Workers Convention) in 2018, becoming one of the first South Asian countries to do so. This convention requires member states to ensure domestic workers receive:
- Fair terms of employment and decent working conditions
- Minimum wage coverage on par with other workers
- Protection from abuse, harassment, and violence
- Social security coverage
- Written information about employment terms
By ratifying this convention, Nepal has committed under international law to enforce these standards. Workers and advocacy organisations can reference ILO Convention 189 when pressing for enforcement.
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Conclusion
Domestic workers in Nepal have the same legal protections as any other employee under the Labour Act 2074 — minimum wage, working hour limits, leave entitlements, termination protections, gratuity, and social security coverage. The problem is not the law but its enforcement in private households. Every employer hiring domestic help must provide a written contract, pay at least the minimum wage, grant rest days and leave, and contribute to the Social Security Fund.
If your rights as a domestic worker are being violated — or if you are an employer seeking to comply with the law — professional legal guidance makes all the difference. Understanding your obligations now prevents costly disputes later.
Need legal help with a domestic worker dispute or employment contract? Our experienced legal team handles labour law matters across Nepal.
Frequently Asked Questions
Yes. Section 3 of the Labour Act 2074 applies to every establishment employing one or more workers, including private households. Any person hired for regular household tasks — cooking, cleaning, childcare, gardening — is a worker under the Act and entitled to minimum wage, leave, and all other protections.
The minimum monthly wage for all workers, including domestic workers, is NPR 19,550 plus NPR 2,334 dearness allowance, totalling NPR 21,884 per month as of 2083 BS. Employers who pay below this amount face fines up to NPR 100,000 under Section 160 of the Labour Act 2074.
Yes. Section 11 of the Labour Act 2074 requires a written employment contract for any worker employed beyond one day. The contract must state wages, working hours, leave entitlements, and termination terms. However, the absence of a contract does not remove a worker's legal rights.
The legal maximum is 8 hours per day and 48 hours per week under Section 28 of the Labour Act 2074. Overtime beyond 8 hours must be paid at 1.5 times the regular hourly rate. A mandatory 30-minute break is required after every 5 consecutive hours of work.
Yes. Section 43 of the Labour Act 2074 guarantees one full rest day per week for all workers, including domestic workers. The rest day is typically Saturday, but employers and workers can agree on a different day in the employment contract.
Domestic workers are entitled to 18 days of annual leave, 12 days of sick leave, and 13 days of public holiday leave per year under the Labour Act 2074. Unused annual leave can be accumulated up to 90 days and must be paid out upon termination or resignation at the worker's daily wage rate.
Yes. Under Section 52 of the Labour Act 2074, any worker who completes 3 or more years of continuous service is entitled to gratuity. The amount is calculated as one month's basic salary for each completed year of service. The employer must pay within 7 days of the worker's last working day.
File a written complaint at the District Labour Office in your area. The office will attempt conciliation within 30 days. If conciliation fails, you receive a failure certificate allowing you to file a case at the Labour Court. For criminal abuse, file a First Information Report at the nearest police station.
Yes. The Social Security Act 2074 requires employers with one or more workers to register with the Social Security Fund. The combined contribution is 31% of basic salary — 20% from the employer and 11% from the worker. Coverage includes medical treatment, maternity benefits, accident insurance, and old-age pension.
No. The Labour Act 2074 requires minimum wage to be paid in cash or bank transfer. Food and accommodation are additional benefits that cannot substitute for the cash wage. Employers who count in-kind benefits as salary violate Section 34 and can be fined up to NPR 100,000.
Termination without 30 days' written notice or payment in lieu is wrongful under Section 132 of the Labour Act 2074. The worker can file a complaint at the Labour Office and Labour Court. Remedies include reinstatement, back wages, and compensation up to 2 years' salary.
No. Employing any person under 14 years is a criminal offence under the Child Labour Act 2056 and the Labour Act 2074. Persons aged 14 to 18 may only work in non-hazardous roles with limited hours. Violations carry up to 1 year imprisonment and fines.
Yes. You can file complaints at the District Labour Office and Labour Court without a lawyer. However, legal representation improves outcomes. Free legal aid is available through the Nepal Legal Services Commission under the Legal Aid Act 2054, and trade unions like GEFONT also provide support.
The employer must provide 30 days' written notice or 30 days' wages in lieu of notice under Section 131 of the Labour Act 2074. Immediate dismissal is only permitted for gross misconduct such as theft or violence, and the employer must document the incident in writing.
Yes. Nepal ratified ILO Convention No. 189 (Domestic Workers Convention) in 2018, becoming one of the first South Asian countries to do so. This commits Nepal to ensuring domestic workers receive fair wages, decent conditions, social security, and protection from abuse under international law.
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