Sexual Harassment at Workplace (Prevention) Act, 2071

Disclaimer:

Unofficial translation and educational summary. This publication is intended to reflect the relevant Nepali legislation and regulatory framework, including amendments and materials reviewed up to 1 September 2026. It is not a certified consolidated translation. If the English wording, section reference or summary differs from the official Nepali text or Nepal Gazette, the official Nepali text prevails.

At a Glance

Sexual Harassment at Workplace Law is part of the HRInsights Nepal Employment Law & Compliance Library. This Highlight translates the legal framework into practical implications for employers (रोजगारदाता), employees/workers (श्रमिक / कर्मचारी), HR, payroll and management teams. It should be read together with related labour, tax, social-security, immigration, corporate and sector rules where applicable.

Why This Matters

The practical question is not only what Sexual Harassment at Workplace Law says, but how prevention, complaint & investigation affects recruitment, contracts, payroll, employee rights, management decisions, evidence and regulatory risk.

Major Provisions / Issues to Understand

1. Prohibited workplace sexual harassment (Sexual Harassment at Workplace (Prevention) Act, 2071 (2014); Labour Act Section 132)

Nepal’s dedicated statute is gender-neutral and defines prohibited conduct broadly — including unwelcome sexual advances, displaying sexual material, and sexually motivated teasing or harassment. Labour Act Section 132 separately prohibits workplace sexual harassment as workplace misconduct, with the specific-law/general-law principle meaning the dedicated 2071 Act leads on definitions, procedure and remedies while the Labour Act reinforces institutional/disciplinary backing. HR should build its policy from the 2071 Act’s definition first, not the Labour Act’s brief mention of the prohibition.

2. Employer / Manager Preventive Duties (Section 5)

Managers must include sexual-harassment prevention provisions in employees’ service conditions, raise awareness among employees and service seekers, take corrective measures to prevent recurrence, provide psychological counselling to victims where necessary, and maintain a workplace grievance box. They must also clearly inform victims about complaint deadlines, procedures and the complaint-hearing authority. 

3. Complaint mechanism

Under the Sexual Harassment at Workplace (Prevention) Act, 2071, the complaint mechanism establishes both an internal workplace resolution path and a formal legal adjudication process:

• Internal Grievance Procedure: A victim (or someone on their behalf) can submit a written or oral grievance to the workplace manager within 15 days of the incident. The manager is required to investigate immediately and resolve the issue within 15 days, with options including mutual reconciliation, a formal apology, warning, compensation, or departmental disciplinary action[1][3].

• Formal Complaint to Adjudicating Authority: A victim can file a formal complaint along with evidence directly to the Chief District Officer (CDO)—the designated Complaint Hearing Authority—within 90 days of the incident. If the manager fails to resolve an internal grievance within 15 days or if either party is dissatisfied with the manager's decision, a complaint can be lodged with the CDO within 70 days of that outcome.

• Hearing Procedure & Appeal: The CDO conducts proceedings following summary procedures and must conduct the hearing in camera (in private) if the victim requests this in writing. must conduct the hearing in camera (in private) if the victim requests this in writing.  Appeals against the CDO's decision can be filed in the District Court within 35 days. Additionally, the Act strictly prohibits managers from taking retaliatory actions—such as termination, demotion, or adverse transfer—against employees for filing a complaint.

4. Confidentiality and dignity

The complaint and investigation process is expected to be handled confidentially, with disclosure limited to what is necessary for investigation, a fair hearing and legal requirements. HR should restrict access to a live complaint file to the smallest group genuinely needed to run the process, and should treat an inadvertent disclosure of a complainant’s identity as an incident in its own right, not a minor process slip.

5. Fair and impartial investigation

Both the complainant and the respondent are entitled to a fair process before any finding is made — this generally means both sides are heard, evidence is reviewed, and the person deciding the case is not someone with a conflict of interest in the outcome. HR should keep the investigator/decision-maker separate from anyone who has a reporting-line or personal relationship with either party, and should document that separation as part of the case file.

6. Protection against retaliation

The Sexual Harassment at Workplace (Prevention) Act, 2071 aims to ensure a safe, clean and dignified work environment by prohibiting workplace sexual harassment against employees and service seekers. It requires managers to implement preventive measures, resolve internal grievances within 15 days of receipt, and protect employees against retaliation for filing complaints. Victims, or anyone acting on their behalf, may also file a complaint with evidence directly with the complaint-hearing authority within 90 days of the incident. 

A person convicted of sexual harassment may face imprisonment of up to six months, a fine of up to NPR 50,000, or both, together with compensation and expenses as provided under Section 13. 

7. Corrective/disciplinary action and records (Section 19; Labour Act Section 131)

Section 19 confirms the Act does not bar the affected person from pursuing other legal remedies (including criminal proceedings under the National Criminal Code), so an internal disciplinary outcome and a separate criminal or civil case can run in parallel; on the employment side, Labour Act Section 131 places sexual harassment within the misconduct/punishment framework, up to dismissal. HR should keep the internal disciplinary record and any parallel legal proceeding’s status as separate, clearly cross-referenced files rather than merging them into one record.

What Employer Should Know

• Set clear conduct standards, raise awareness and maintain a grievance box.

• Investigate complaints immediately and resolve internal grievances within 15 days.

• Explain legal reporting options and deadlines.

• Protect complainants from retaliation and address safety concerns.

• Hear both sides and document disciplinary decisions.

• Ensure global policies meet Nepal’s requirements.

What Employee Should Know

• Protection covers employees and service seekers, including specified non-physical harassment.

• Report internally, orally or in writing, within 15 days of the incident.

• You may complain directly to the legal authority, with evidence, within 90 days.

• A 70-day deadline applies after an internal decision or expiry of the manager’s resolution period.

• Preserve relevant messages, dates, witness details and records.

• Report retaliation or safety concerns; request a private legal hearing in writing.

HR Check — Evidence to Maintain

☐ Workplace code of conduct and relevant service-condition provisions
☐ Records of awareness activities and information provided to employees and service seekers
☐ Grievance-box arrangements and accessible reporting instructions
☐ Complaint receipt date, incident date and applicable deadline tracker
☐ Investigation notes, relevant evidence and responses from both parties
☐ Written findings, reasons for decisions and action taken
☐ Records of counselling offered where necessary and responses to protection requests
☐ Follow-up checks for retaliation or repeated misconduct
☐ Restricted-access case files and records of related legal proceedings

Myth vs Law

MYTH: “A victim must report internally before filing a legal complaint.”

LAW: A victim may complain directly to the complaint-hearing authority, with evidence, within 90 days of the incident.

Practical Example

An employee reports sexually explicit messages from a supervisor. HR records when the complaint was received, preserves the messages and promptly refers the matter to the responsible manager.

The manager begins investigating immediately, hears both parties and resolves the internal grievance within 15 days of receipt. HR explains the employee’s legal complaint options and deadlines, responds to any request for workplace protection, and monitors for retaliation. Any disciplinary punishment follows the applicable employment procedure.

FAQs

1. Must a victim complain internally before approaching the Chief District Officer?

No. The victim, or someone acting on their behalf, may file directly with the complaint-hearing authority, with evidence, within 90 days of the incident.

2. Can the manager require the parties to reconcile?

No. Reconciliation under the internal grievance process requires both parties’ agreement.

3. Can sexual harassment lead to dismissal?

Yes. Labour Act Section 132(2) allows punishment up to dismissal, depending on the nature and gravity of the conduct. The applicable disciplinary procedure must still be followed.

4. Can a victim request a private legal hearing?

Yes. If the victim requests this in writing, the complaint-hearing authority must conduct the hearing in camera.

5. Who hears a complaint against the Chief District Officer?

The Principal Secretary of the concerned Province, under Section 14(2).

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