Borrowing and Lending Law in Nepal (2026): Civil Code 2074 + NRB
A 2026 practitioner's guide to borrowing and lending in Nepal under the Muluki Civil Code 2074 and the Nepal R...
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Salary law in Nepal sits across three statutes — the Labour Act 2074 (wage period, deductions, overtime, festival expense), the Bonus Act 2030 (annual profit-sharing bonus), and the Income Tax Act 2058 (salary TDS). Most disputes are not about what the employer wants to pay — they are about which component sits in basic salary versus allowance, because that one split drives SSF, festival expense, overtime, severance and TDS at the same time.
This is the 2026 (2082/83 BS) guide to salary law in Nepal — wage period and payment timing, permissible deductions, overtime, festival expense, the Bonus Act 2030, and how SSF replaces older PF/gratuity. For related guides see our labour law in Nepal, minimum wages, and TDS in Nepal.
Quick answer — Salary law in Nepal (2026):
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Our corporate team sees a recurring payroll mistake: festival expense calculated on the gross salary or CTC rather than on basic. The Labour Act ties festival expense, severance and SSF to the basic component, so an employer who pays the right minimum wage but the wrong festival expense is still under-paying. Setting the basic-versus-allowance split correctly on day one prevents the back-pay that compounds across these downstream entitlements.
Under the Labour Act 2074, the maximum wage period is one month, and salary must be paid within seven days of the end of the wage period. For workers employed for less than a month, salary is paid within three days of work completion; for casual workers, on completion of the work. The wage period is set in the employment contract — typically aligned with the Nepali month — and late payment exposes the employer to penalty under the Act.
The Labour Act 2074 permits limited deductions: income-tax withholding (TDS), the employee's SSF share (11% of basic), authorised loan or cooperative repayments, court-ordered deductions, and advances already paid. Fines, damages and till-shortages cannot be deducted unilaterally — they require written acknowledgement and, in some cases, Labour Office approval. Total deductions cannot reduce take-home below what the Act permits, which protects the worker's net pay.
A profit-making enterprise must allocate 10% of its net profit (before bonus and tax) to a bonus fund and distribute it to eligible employees within eight months of the fiscal year-end. Eligibility requires service for at least half the working period in the year; casual and certain shift workers are excluded. The bonus is capped at eight months' salary for workers earning up to twice the minimum wage, and six months' salary for those earning above that.
The Labour Act 2074 entitles each worker to a festival expense equal to one month's basic remuneration per year, paid around Dashain by default or on the worker's main festival on request. Crucially, it is one month's basic — not one month's gross or total compensation — which is the most commonly misunderstood point. Workers with less than a year of service get a pro-rata festival expense based on months worked in the year.
Overtime is paid at 1.5× the regular hourly rate computed on basic salary, with overtime hours capped at four a day and 24 a week. Overtime requires the worker's consent, and children below 18 cannot do overtime. Managerial-level employees may have contractual alternatives subject to the Act's minima. Overtime tracking, consent records, and the premium-rate computation should all be visible in the payroll system, especially for hourly-paid workers.
Salary TDS is progressive, not flat — withheld monthly as advance tax under the Income Tax Act 2058, with slabs starting at 1% (the social security tax band) and rising to a top rate around 36% under the current Finance Act. Female employees receive a 10% rebate on their employment-income tax. The employer deposits TDS and files the e-TDS return by the 25th of the following Nepali month, with annual reconciliation through the income-tax return.
For SSF-enrolled employers under the Contribution-Based Social Security Act 2074, the 31% SSF contribution (11% employee + 20% employer) on basic salary replaces the older statutory Provident Fund (10% + 10%) and gratuity arrangements that used to apply under the Labour Act. EPF and CIT continue to operate for civil servants in pensionable service, voluntary contributors, and employers who have not yet migrated. Hybrid arrangements exist during transition, and SSF enrolment is the direction of travel for the formal sector.
When designing the salary structure for a new business, when handling festival expense and Bonus Act compliance, when computing severance on termination, when an IRD or Labour Office assessment surfaces a payroll issue, and when migrating PF/gratuity into SSF. A lawyer or labour adviser confirms the right basic-allowance split and the downstream computations. To review your payroll, speak with our lawyers today.
Last reviewed: May 2026
Within seven days of the end of the wage period (maximum one month) under Labour Act 2074. For employment under a month, within three days of completion; casual workers, on completion.
One month basic remuneration, not gross or CTC. Pro-rata for workers with less than a year of service.
At 1.5× the basic hourly rate, capped at 4 hours a day and 24 hours a week, with the worker's consent. Children under 18 cannot do overtime.
Three statutes work together: the Labour Act 2074 governs wage period, deductions, overtime, festival expense and severance; the Bonus Act 2030 governs the annual profit-sharing bonus; and the Income Tax Act 2058 governs salary TDS. SSF sits on top via the Contribution-Based Social Security Act 2074. A complete payroll has to reconcile across all four, not just one of them, which is why payroll set-ups built only on the Labour Act often miss tax or SSF detail.
Income-tax withholding (TDS), the employee's SSF share (11% of basic), authorised loan or cooperative repayments, court-ordered deductions, and advances already paid. Fines, damages and till-shortages cannot be deducted unilaterally — they typically require written acknowledgement and, in some cases, Labour Office approval. Total deductions cannot reduce take-home below what the Labour Act 2074 permits, which protects the worker's net pay floor.
The Bonus Act 2030 requires profit-making enterprises to allocate 10% of net profit (before bonus and tax) to a bonus fund and distribute it to eligible employees within eight months of the fiscal year-end. Eligibility requires service for at least half the working period; casual and certain shift workers are excluded. The bonus is capped at eight months' salary for workers up to twice the minimum wage and six months' salary above that, distributed in cash.
An employee who has worked for at least half of the working period in the fiscal year qualifies for bonus, subject to the Act's category exclusions. Casual workers and certain shift workers are typically outside the framework. New employees in their first year are eligible only on a pro-rata basis if they meet the half-year threshold. Where eligibility is contested — typically in mid-year joiners or leavers — the half-year test is the central question.
For workers with less than a full year of service, the festival expense is pro-rata on the basic salary based on months worked in the year — for example, five months worked gives 5/12 of one month's basic. The default payment time is around Dashain, but a worker may request payment aligned with their own main festival. The pro-rata calculation prevents a windfall for new joiners while still ensuring the entitlement scales fairly.
No. Festival expense under the Labour Act 2074 is one month's basic remuneration each year, paid by every employer to every regular employee, regardless of profit. Bonus under the Bonus Act 2030 is 10% of net profit allocated to a bonus fund by profit-making enterprises, distributed to eligible employees with caps. So festival expense is universal and profit-neutral; bonus is profit-dependent and conditional. A worker can receive both, neither, or one only.
For SSF-enrolled employers under the Contribution-Based Social Security Act 2074, the 31% SSF contribution on basic salary (11% employee + 20% employer) replaces the older statutory Provident Fund (10% + 10%) and gratuity arrangements. EPF (Karmachari Sanchaya Kosh) and CIT continue to operate for civil servants in pensionable service, voluntary contributors and employers that have not yet migrated. Hybrid arrangements exist during transition periods.
Salary TDS is progressive — withheld monthly under the Income Tax Act 2058 as an advance against annual liability, with slabs running from 1% (the social security tax band) up to a top rate around 36% under the current Finance Act, with marital-status thresholds. Female employees receive a 10% rebate on the employment-income tax computed. The employer deposits TDS and files the e-TDS return by the 25th of the following Nepali month through the IRD taxpayer portal.
The employer deducts salary TDS each month and deposits it with the IRD by the 25th of the following Nepali month, together with the monthly e-TDS return through the taxpayer portal. The employee then receives a withholding certificate and claims the TDS as a credit on the annual income-tax return. Late deposit or filing attracts interest and a fee under the Income Tax Act 2058, so the monthly cadence has to be kept disciplined.
Yes. Under the Income Tax Act 2058, female employees receive a 10% rebate on the employment-income tax computed, applied at the time of withholding and reconciled at the annual return. The rebate is built into the salary-TDS computation by employers' payroll systems, with the gender treatment as recorded by the employer. It is a longstanding feature of Nepali salary tax, intended to support female workforce participation.
Salary can be paid in cash for smaller wage amounts, but bank-account payment is the norm for formal employment and is generally expected at scale. The Income Tax Act 2058 has rules about cash transactions that affect the deductibility of salary as a business expense above set thresholds, and SSF and TDS work most smoothly through bank-routed payroll. So while small-cash payments remain possible, bank-routed salary is the standard and the safer route.
Severance under the Labour Act 2074 is generally one month's basic salary per completed year of service on lawful termination — calculated on the basic, not the gross or CTC. Some terminations, such as those for serious misconduct after a proper inquiry, can affect severance entitlement. The severance computation is one of the most commonly disputed items when a termination reaches the Labour Court, which is why the basic-versus-allowance split set at the contract stage matters.
Late payment of salary breaches the Labour Act 2074 and exposes the employer to a penalty under the Act's penalty regime, alongside the worker's right to claim the unpaid amount with interest. Persistent late payment is a ground for the worker to raise a complaint at the Labour Office and, if unresolved, escalate to the Labour Court. The Act treats timely wage payment as a core employer obligation, not a contractual nicety.
Reimbursements for genuine business expenses are generally not salary, provided they are supported by receipts and policy. Where the "reimbursement" is in substance a fixed allowance paid regardless of expense, the IRD and Labour Office can re-characterise it as salary for tax and entitlement purposes. A clean policy distinguishing reimbursements from allowances, with receipt-based payouts and reasonable amounts, is what supports the non-salary treatment in an inspection or audit.
Yes. A worker can raise unpaid salary internally with the employer, then file a complaint with the local Labour and Employment Office, which can investigate and order recovery with interest and a penalty on the employer. Unresolved disputes proceed to the Labour Court. The worker should retain payslips, the employment contract, attendance records and any written demand for payment to support the claim, and act within the statutory time window.
Commission, sales incentives and similar variable pay sit alongside the regular wage and are generally treated as part of remuneration for the purposes of the worker's contractual rights. For statutory entitlements that key off basic salary — SSF, festival expense, overtime, severance — only the basic component is the reference, not the variable element. A well-drafted incentive policy distinguishes the variable element from basic and sets clear vesting and payment rules.
When designing the salary structure for a new business, when setting festival expense and the Bonus Act distribution, when computing severance on termination, when an IRD or Labour Office assessment surfaces a payroll issue, and when migrating PF/gratuity into SSF. A lawyer or labour adviser confirms the right basic-allowance split, runs the back-pay computation where necessary, and represents the employer or worker if the matter reaches an assessment or the Labour Court.
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This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.
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