This article provides a comprehensive overview of the legal framework governing employment-related scams in Nepal. It covers common scams typologies (domestic and online), relevant Acts and statutory sections, investigative and judicial challenges, reporting pathways, and penalties. It’s designed for job seekers, employers, legal professionals, and policymakers seeking a clear, actionable understanding of Nepal’s viewpoint on employment fraud.

Basically, the laws mentioned below govern the employment scams and frauds in Nepal;

a. National Penal Code, 2074

b. Electronic Transactions Act, 2063

c. The Labor Act, 2074

d. Human Trafficking and Transportation (Control) Act, 2064

Authorities:

a. Labor Department

b. Nepal

c. Cyber Bureau

Domestic employment scams are conducted within the jurisdiction of Nepal. The offenses are listed below;

4.1 Nature of Employment Scam Offenses in Nepal:

4.2 Online Employment Scams in Nepal:

Categories of jobs and occurrence methods:

Employment related scams are addressed under several laws in Nepal, some of them are as below;

Basically, there are 3 ways for reporting Employment related Scams within Nepal.

a. To the Department of Labor (deals with the employment fraud)

b. To the Nepal Police (deals with criminal offenses; deception, exploitation)

c. Through the Cyber Bureau (investigates online fraud).

6.1 Initial Complaint Registration in the Department of Labor

6.2 Labor Court Process for Employment related Fraud within Nepal (Case Proceeding)

A. Complaint Registration through other Authorities

i. Through Cyber Bureau

If the broker used social media or online platform for the commission of scam, like; digital payment fraud, fake online job offers, or online investment scam, then, the complaint is too be done in the Cyber Bureau.

Procedure for complaint Registration in Cyber Bureau

ii. Through Police Station;

If the scammer takes the money by false promise of job offers, charging money for a job that does not exist, then the complaint is to be filed in the nearest Police Station for the reimbursement of money from the scammer.

Procedure for complaint Registration in Nepal Police

The complaint procedure in Police Station is as same as that of complain filing through Cyber Bureau. Only the difference is the victim must visit the Police Station instead of Cyber Bureau for lodging complaint against the scammer.

In regard to the growing domestic employment scams, there has been the relevant punishment allotted to different employment scams and frauds. Punishment allotted as per relevant acts and legal provisions are;

7.1 Punishment as per the National Penal Code, 2074

7.2. Punishment as per the Electronic Transactions Act, 2063

7.3. Punishment as per the Labor Act, 2074

Investigation procedure and Justice System for domestic employment fraud done within Nepal face significant hurdles. Some of the investigative as well as justice system challenges are discussed below;

A. Some key Investigative Challenges in regard to employment fraud within Nepal are outlined as follows;

B. Some key challenges in Justice System in regard to employment fraud within Nepal are outlined as follows;

Employment scams are a major problem in Nepal which leads to financial losses and worker exploitation in a greater number. Initially, all the job seekers should remain cautious, verify job offers carefully, and report any fraudulent activities to the concerned authorities.

The statutory framework for combating foreign employment fraud is robustly punitive, but the effective delivery of justice and compensation is consistently impaired by procedural and structural failures.

Foreign employment scams are widespread and increasing mainly targets job seekers a simple job with high pay offers. In reality, victims often face heavy financial losses, debt, the scammer steal their personal information through different online platforms for their benefits. To sum up the scammers in the first instance make the innocent people believe in their talks of good job but they make them work in very low paying jobs and in the worst situation exploit those innocent people in forced labor.

This article serves legal analysis. Individual affected by foreign employment fraud in Nepal should seek immediate consultation with a law firm specializing in Nepali labor and cybercrime law to formulate consultation with a Lawin and Partners, Law firm's expert criminal Lawyers specialized in Criminal cases.

Lawin and Partners expert Criminal Lawyers in Nepal assist both victim and offender to this kind of cases with strategic litigation, enforce execution, corporate accountability.

Our Criminal Lawyers both represent victim and offender in this nature of crime. Also if client wants to reconcile the case by funding the disputed amount of payment to victim. For victims seeking redress or entities requiring compliance advice on Foreign Employment Law, expert legal counsel is critical to successfully navigate Nepal’s challenging judicial landscape.

For professional guidance from our experienced Criminal Lawyers in Nepal feel free to Contact us via. [email protected] or can call us on +9779841933745 (available in whatsapp and viber too)

This article is intended for general informational and educational purposes only and does not constitute complete legal advice. This nature of crimes and cases in Nepal may vary based on individual circumstances, factual situations, and updates to the Criminal Code or related laws and regulations. Readers should not rely solely on this content to make legal decisions. For accurate guidance tailored to your specific case, please consult our Criminal Lawyer or legal professional in Nepal.