Facing sexual harassment at the office? Nepal’s law protects employees and lets you report directly to the CDO. Learn your rights and how to act safely.

Let’s start with a simple question: Did you know Nepal has a specific law dedicated entirely to preventing sexual harassment at work?

If your answer is no, you’re not alone.

Even in 2025, most employers, HR departments, and even legal professionals in Nepal are unaware that there’s an entire Act. Yes, an actual Act designed exclusively to protect people from sexual harassment in the workplace. It's called the Sexual Harassment at Workplace (Prevention) Act, 2071 (2015)

Not a vague clause inside some other law. Not an internal policy. A standalone law passed by Parliament, gazetted, and enforceable nationwide.

And yet? Most people haven’t even heard of it.

This law has been in place for over a decade, but very few workplaces implement it. Even fewer employees know their rights under it. And sadly, many people continue to suffer in silence, thinking that what happened to them is “just part of the job.”

But it’s not. And it shouldn’t be.

This law exists to do two powerful things:

•  Help you report harassment safely, and
•  Make it illegal for anyone to punish you for speaking up.

That means:
If your employer fires you, transfers you, demotes you, or threatens your career just because you filed a complaint, they’re not just being unfair. They’re breaking the law.

That’s exactly why this article exists: to shine a bright light on a law that was meant to protect dignity, empower employees, and create safer, healthier workplaces. But somehow, it got buried under ignorance.

Before we dive into what this law actually says, let’s first understand what sexual harassment really looks like, especially in a country like Nepal.

What Counts as Sexual Harassment?

When people hear the term “sexual harassment,” they often imagine something physical, maybe even violent. But the truth is, harassment can be verbal, non-verbal, psychological, digital, or physical. And often it’s subtle, persistent, and extremely damaging.

Let’s talk examples.

• Your supervisor keeps commenting on your looks, even when you ask them to stop.
• A colleague “accidentally” brushes against you every time they walk past.
• A senior staff member sends you sexually suggestive memes or messages after work.
• You’re told your promotion depends on being “more friendly” with someone in power.
• You’re made to feel uncomfortable by repeated stares, dirty jokes, or gestures.

Sound familiar? Sadly, in many Nepali workplaces, these behaviours are laughed off, tolerated, or even blamed on the victim.

But legally? These actions are not okay. And in fact, they are clearly defined as sexual harassment under the Sexual Harassment at Workplace (Prevention) Act, 2071, which we will get to later in the article.

So if there’s a law to specifically protect employees from sexual harassment in the workplace, why does no one speak up?

Because speaking up feels riskier than staying silent.

The social stigma, the office gossip, the awkward looks. All of this keeps people quiet. But silence only feeds the problem.

Which brings us to the next part of our story: the law that tried to fix all this.

Inside the Sexual Harassment at Workplace (Prevention) Act, 2071

So, what does this little-known law actually say?

Let’s break it down in plain language.

In 2071 B.S. (2015 A.D.), the Government of Nepal enacted a separate law specifically to prevent sexual harassment at workplaces, called the:

कार्यस्थलमा हुने यौनजन्य दुर्व्यवहार (निवारण) ऐन, २०७१
 (Sexual Harassment at Workplace (Prevention) Act, 2071)

The goal was clear: to ensure that every person has the right to work in a safe, respectful, and dignified environment, without fear of inappropriate behavior or abuse of power.

The Preamble of the Act says it outright:

“To safeguard the right of every person to work in a safe, clean, and dignified environment by preventing sexual harassment in the workplace...”

That means this law isn’t just a rule, it’s a guarantee of dignity at work.

Who the Law Applies To: Not Just Employees

This law has a wide reach; broader than most people think.

According to Section 2 (c) and (f), it applies to:

• Government offices
• Private companies, businesses, or NGOs
• Educational institutions
• Any entity providing goods or services
• Anyone working there; whether full-time, part-time, intern, consultant, or even on contract
• Anyone visiting, like service recipients, clients, or customers

How the Law Defines Sexual Harassment (Section 4)

Let’s get specific. According to Section 4, the following are considered sexual harassment if done at the workplace:

As per Section 4(1):

If someone misuses their position, authority, or influence, and does any of the following, it qualifies as sexual harassment:

• (a) Touches or tries to touch any part of the body with sexual intent
• (b) Displays or shares sexually explicit images, words, videos, or audio
• (c) Uses verbal or non-verbal gestures that are sexually suggestive
• (d) Proposes or suggests sexual activities
• (e) Creates discomfort or emotional distress through sexual behavior

Exception: Section 4(2) says educational, medical, research, or awareness activities; if conducted professionally, do not count as harassment.

So, intent and context matter. But if someone is making you feel uncomfortable or unsafe, and it involves a sexual undertone, it could very well be harassment under this law.

What Employers Are Legally Required To Do (Section 5)

This is a big one. The law doesn’t just stop at identifying harassment, it tells employers what they must do to prevent it.

According to Section 5, employers (called “व्यवस्थापक” in the law) have the following duties:

As per Section 5(1):

• Include anti-harassment policies in employee service rules
• Raise awareness among employees and service recipients
• Take corrective action to prevent repetition
• Offer psychological counseling if needed
• Create a grievance mechanism (suggestion or complaint box)

And under Section 5(2), employers must clearly inform employees about:

• How to file a complaint
• The timeline
• Who the complaint will be heard by

If your workplace doesn’t do these things, they’re already violating the law.

How to File a Sexual Harassment Complaint?

The Act provides two avenues to seek justice; one internal, and one external. You can file a complaint within the organization or go directly to the designated authority.

1. Internal Complaint to the Employer (Section 6)

If you experience sexual harassment at the workplace, you, or someone close to you, can file a complaint orally or in writing to your employer, supervisor, or the workplace administrator.

Once the complaint is received, the employer is legally required to conduct an immediate investigation. Based on the findings, they can:

• Facilitate a mutual understanding between both parties
• Have the accused offer a formal apology or a written commitment not to repeat the act
• Provide compensation to the victim
• Recommend counseling or safe reassignment
• Take departmental or disciplinary action as per labour laws

This process must be concluded within 15 days of receiving the complaint, as stated in Section 6(4).

If this resolution does not happen within the timeframe, or if the outcome is unfair, the next step is escalation.

2. Formal Complaint to the Designated Authority (Sections 7, 14)

If your employer fails to resolve the complaint within 15 days, gives an unfair or inadequate response, or happens to be the person you’re complaining against, you’re not stuck. You can go above them.

Section 7(1) of the law clearly states: you, or anyone on your behalf, can directly file a complaint to the “उजुरी सुन्ने अधिकारी” (Complaint Hearing Officer) within 90 days of the harassment incident, even if you haven’t gone through your employer first.

So who is this "उजुरी सुन्ने अधिकारी"?

According to Section 14(1), the designated complaint officer under this Act is:

“The Chief District Officer (CDO) of the concerned district.”

In case the complaint is against the CDO themselves or involves the conduct of the CDO, Section 14(2) says:

The power to act on that complaint shall then rest with the Chief Secretary of the concerned province.

This provides an institutional fallback, ensuring that no one is completely outside the purview of the law.

Once the complaint is filed, Section 8 of the Act gives the CDO clear powers:

• To conduct an inquiry and call both parties
• To assess whether sexual harassment occurred based on facts
• To recommend disciplinary or departmental action against the accused
• To suggest compensation or corrective measures
• And in serious cases, to direct the workplace to reassign the victim or take further preventive steps

These aren't symbolic roles; the Complaint Hearing Officer holds quasi-judicial authority to investigate and ensure action is taken.

Timeline Clarification (Section 7)

Let’s break this down carefully, based on the Act:

• If you directly file to the CDO (without going through your employer first), you must do so within 90 days of the incident.
• If you filed with your employer first and:
  • They failed to act within 15 days, or
  • You’re unhappy with their decision,

then you can still go to the CDO, but you must do so within 70 days from:

• The day the 15-day employer deadline expired, or
• The day you received the employer’s decision.

This gives complainants a second window for justice, even if they first tried to resolve things internally.

What Are the Punishments and Penalties Under the Law?

Now that we know how to report harassment and who to report to, the next question is:
What happens if someone is found guilty?

The Sexual Harassment at Workplace Act, 2071 doesn't just stop at investigation, it has teeth. If the complaint is verified, the law allows for both punishment of the perpetrator and compensation for the victim.

1. Criminal Penalties (Section 12)

If a worker or service provider is found guilty of sexual harassment, the law allows:

• Imprisonment for up to 6 months, or
• A fine of up to Rs. 50,000, or
• Both, depending on the seriousness of the misconduct

If the harassment is repeated, the penalties will be doubled for each repetition.

2. Fines for Employers

Employers aren't off the hook either. If an employer:

• Ignores or disobeys the directions of the Complaint Hearing Officer (CDO),
  They can be fined Rs. 25,000

This shows that even negligence or inaction can carry real consequences.

3. Compensation to the Victim (Section 13)

In addition to punishment, the law also ensures justice for the victim in the form of financial compensation.

The guilty party may be required to:

• Pay for physical or emotional harm caused
• Cover any legal or administrative expenses the victim faced while filing the complaint

This ensures the law is not just punitive, but restorative. It tries to repair some of the damage done.

4. What if You Wrongly Accuse Someone?

The law takes false complaints seriously too.

If someone knowingly files a false sexual harassment complaint, they can be fined up to Rs. 10,000 as per Section 12(5).

But don’t worry, this only applies if it’s proven the complaint was deliberately false.

If you speak up in good faith, you are protected.

You Can’t Be Punished for Speaking Up (Section 9)

One of the biggest reasons victims of sexual harassment stay silent; especially in the workplace, is fear.

Fear of losing their job.
Fear of being transferred or demoted.
Fear of being labelled a troublemaker.
Fear that raising a voice will do more harm than good.

But what many people don’t know is that Nepal’s Sexual Harassment at Workplace (Prevention) Act, 2071 explicitly protects you from retaliation, and gives you legal power to fight back if it happens.

Let’s break down what Section 9 of the Act says.

1. Retaliation Is a Legal Violation, Not Just Unfair Treatment

Section 9(1) is clear and non-negotiable:

“No person shall be subjected to any adverse action for filing a complaint under this Act.”

That means if you file a sexual harassment complaint; whether against a co-worker, a manager, or even someone in senior leadership, your employer cannot:

• Fire you
• Demote you
• Transfer you
• Block your promotion
• Cut your salary or benefits
• Change your duties to punish or isolate you
• Or treat you differently in a way that harms your dignity, position, or career

If any of these things happen after you file a complaint, or because you’re supporting someone else who did, that itself becomes another legal violation.

2. What Can You Do If You’re Retaliated Against?

Section 9(2) gives you a clear right of redress.

If you experience retaliation, you can file a separate complaint to the Complaint Hearing Officer, i.e., the Chief District Officer (CDO).

Once the complaint is received, the CDO can:

• Investigate the retaliation independently of the original case
• Order your reinstatement, if you were unfairly removed or demoted
• Cancel the retaliatory decision made by your employer
• Recommend that your workplace take corrective or disciplinary measures

So not only are you protected from harassment, but you’re also protected from any backlash that might follow once you raise your voice.

3. Why This Matters

Think of this like a legal safety net.

The law doesn’t just give you the right to complain, it makes sure you don’t suffer for using that right.

This is especially powerful in Nepal’s workplace culture, where hierarchy is strong and challenging authority can feel intimidating. The law flips that power imbalance. It says: You are not alone, and you cannot be punished for standing up for yourself.

And this protection applies whether:

• You were the person directly harassed
• You helped someone file a complaint
• Or even if you testified in support of the complainant

That’s how broad and serious Section 9 is.

4. The Law Is On Your Side

If you’ve ever thought, “Speaking up will only make things worse,” here’s the truth:

• It’s illegal for your employer to retaliate against you
• You have the right to challenge any such action
• And the government has appointed an official; the CDO to enforce that right

So don’t let fear stop you from using the law. Section 9 exists to protect your dignity, your job, and your voice. Not just today, but long after the complaint is filed.

What Does the Labour Act Say About Sexual Harassment?

By now, we’ve gone deep into the Sexual Harassment at Workplace (Prevention) Act, 2071, Nepal’s dedicated law that gives you a clear step-by-step process to report harassment and seek justice.

But what about the Labour Act, 2074 (2017), the broader law that governs almost every employer-employee relationship in Nepal?

Yes, it talks about sexual harassment too, but not in the way you might think.

Section 132: The Labour Act Defers to the Sexual Harassment Law

Section 132 of the Labour Act is titled:
 “Prohibition of Sexual Harassment.”

It clearly states:

“No person shall commit, or cause to be committed, any such act, with the exertion of undue influence, as considered to be sexual harassment under the law in the workplace or in the course of work.”

Did you catch that?
The Labour Act doesn’t create a separate definition or process. Instead, it points directly to “the law”, and that law is the Sexual Harassment Act, 2071.

In plain terms:
The Labour Act acknowledges sexual harassment is a workplace offence, but the how-to for reporting it, resolving it, and protecting victims comes entirely from the Sexual Harassment Act.

What the Labour Act Does Require from Employers

Section 132 also says:

• Employers must take action against anyone who commits sexual harassment; up to and including dismissal, depending on how serious it is.
• If the harasser is the employer or chief executive themselves, then the victim, family member, or union can file a complaint “in accordance with the law.”
  Again, that “law” is the Sexual Harassment Act.

So the Labour Act does not offer a second process.
It reinforces the same legal pathway laid out in the dedicated Act.

So, What’s the Relationship Between the Two Laws?

Here’s the simplest way to put it:

The Labour Act recognizes the problem.
The Sexual Harassment Act shows you exactly how to deal with it.

They’re not two options.
The Sexual Harassment Act is the specific law. And under legal principles, specific laws override general ones in case of conflict.

So when it comes to handling workplace sexual harassment:

• The Sexual Harassment Act leads.
• The Labour Act follows.

But despite all this legal clarity, harassment continues unchecked in many Nepali workplaces.

Why? Because having laws on paper is not enough.
They need to be known, respected, enforced, and lived.

What Needs to Change, And How We Can Get There

Laws on paper don’t create safe workplaces.

Culture does. Enforcement does. Accountability does.

If we want to make sexual harassment truly unacceptable in Nepali workplaces, we need more than legislation. We need a collective commitment to fix what’s broken.

1. Awareness is the First Step  

Every workplace, no matter how big or small, should:

• Train all staff (not just HR) on what harassment is
• Explain the complaint process during onboarding
• Display information clearly in offices, websites, and service counters

Employees can’t use rights they don’t know about.
And employers can’t follow laws they don’t even read.

2. Every Workplace Needs a Real Complaint System

Not a dusty suggestion box in the corner.

We’re talking:

• A named person or team to hear complaints confidentially
• A written policy that’s easily accessible
• A clear timeline and process that victims can trust

Don’t have a big HR team? Doesn’t matter.
Even a small NGO, school, or shop can assign a focal person and follow the law.

3. The Government Must Step Up

Let’s be honest: The law means nothing if the government doesn’t enforce it.

We need:

• Regular audits by Labour Offices and District Administration Offices
• Stronger penalties for employers who don’t comply
• Protection and support for whistleblowers
• Public campaigns that destigmatize speaking up

This isn’t just a legal issue, it’s a national priority.

 4. And All of Us: We Have a Role to Play

If you’re an employer:
Build a safe system. Train your team. Take complaints seriously.

If you’re an employee:
Know your rights. Support your colleagues. Raise your voice if you can.

Talk about it. Share this article. Make people aware that these laws even exist.

Final Thoughts: A Law is Only as Strong as the People Who Use It

Nepal has a law. In fact, two, that clearly say:
Sexual harassment has no place in the workplace.

It defines what it looks like.
It explains how to report it.
It even lays out what the government and employers must do.

But laws don’t enforce themselves.

Too often, they sit in dusty gazettes and forgotten legal databases, while real people; especially women, suffer in silence, unsure of what to do, or too afraid to act.

The Sexual Harassment at Workplace (Prevention) Act, 2071 was a progressive step. It gave victims a voice, a process, and a path to justice.
The Labour Act, 2074 reinforced that protection with institutional backing.

And yet, here we are in 2025, asking:
“Why don’t most people even know these laws exist?”

The answer? It’s not just about the legal text. It’s about awareness, culture, and accountability.

Workplace dignity shouldn’t depend on luck, privilege, or silence.
It should be the norm, not the exception.

So if you’re an employee, an employer, an HR manager, or just someone who believes in fairness and safety at work, this is your moment.

• Read the law.
• Share the knowledge.
• Start a conversation.
• Build a better workplace. One policy, one complaint system, one act of courage at a time.

Because dignity at work isn’t just a legal right.

It’s a human one.
And it’s time we all made sure it’s protected.

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