Page 67 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Act is silent on covering the gap in expenses if the employee needs
medical treatment within those three months. Regarding the coverage of
occupational diseases , the employee will be compensated only after at
51
least two years of contribution. The employer is not liable to compensate
the employee if s/he is contributing to SSF , thus, there is a vacuum in
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bearing the liability before the end of two years of contributions for the
medical treatment relating to occupational diseases. Also, the fund will
suspend the benefits of contributors in case of an epidemic and extreme
53
economic disorder. The Contribution-based social security cannot be
called ‘security for the future’ if it cannot serve when it is most needed.
More importantly, neither of the instruments has mentioned the SSF for
productive investment and reutilizing the surplus fund for its economic
strength and longer sustenance. Rather, focusing on the dissolution of
the SSF in the case of economic crisis with the recommendation of the
committee. 54

Despite considerable challenges, the researcher found that the
government of Nepal cannot deny the application and continuance of
the social security protection system, which is needed in Nepal. It has
supported a reduction in the poverty gap and also empowered the future
of workers. It has driven society towards achieving social justice by
addressing the intricacies of dynamic economics, such as formal sector,
informal sector, self-employed, and foreign migrant workers.

However, certain reformative measures are required for its sustainability
and effective outcome in the labour market. The several legislations
under the same basket have created confusion and are unproductive too.
So, an ‘umbrella Act’ and ‘one window policy’ or a ‘unified system’
covering the different policies and procedural aspects regulating the
51 Section 10(3) of the Social Security Scheme Operating Procedure, 2018 (2075)
52 Section 82(2) of the Labour Act, 2017
53 Section 8 © of the Social Security Scheme Operating Procedure, 2018 (2075). Also, Rule
10 (1) (c ) of Contribution-Based Social Security Regulations, 2018 (2075)
54 Section 63 of the Contribution-Based Social Security Act, 2017 (2074). Also, see Section
8(c ) of the Social Security Scheme Operating Procedure, 2018 (2075)

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