2.6 Issues of Hire and Fire

The job-security architecture (the "hire and fire" debate's legal answer): The termination's discipline: the cause's requirement (the no-fault dismissal's restriction — the misconduct-or-retrenchment routes); the notice-and-hearing (the explanation-call's procedure — the natural justice application; the domestic inquiry of Unit 6); the compensation (the illegal termination's remedy — the reinstatement-or-compensation); The lay-off: the work's temporary stoppage (the no-work situations — the material's shortage, the breakdown, the market's slump); the lay-off's partial-wage duty; the duration's ceiling (the retrenchment's conversion); The retrenchment: the workforce's reduction — the genuine-redundancy condition; the last- in-first-out's principle (the junior-first removal's lore); the notice-and-compensation scales; the labour office's involvement; the retrenched's reemployment preference; The closure's faces (the enterprise's shutdown — the compensation's settlement); The reinstatement (the illegal-termination's remedy — the Labour Court's restoration power; the back-wages' faces). The debate's poles: the employer's flexibility argument (the business's survival; the investment's attraction) vs. the worker's security argument (the livelihood's protection; the constitutional promise) — the Nepali statute's settlement: the controlled flexibility (the cause-plus-procedure-plus-compensation regime). Exam Focus Long questions: (i) The hire-and-fire architecture — termination, lay-off, retrenchment with their conditions (the unit's banker); (ii) The child-and-women workers' protections; (iii) The wages regime with the Minimum Wage Fixation Committee. Short questions: probation; the last-in-first-out principle; the maternity benefit; the outsourcing's joint liability. Trick areas: (i) The termination needs CAUSE + PROCEDURE +…