OFFENCES AND PENAL PROVISIONS UNDER THE LABOUR AND EMPLOYMENT ACT 2007
SL.NO	SECTION	OFFENCES	PENALTY	AS PER BHUTAN PENAL CODE
1	8	Forced or compulsory labour	Felony of Fourth Degree	3 - 5 years of imprisonment
2	10	Child Labour	Felony of Third Degree	5 - 9 years of imprisonment
3	15	Discrimination against employees	Minimum one year fine to a maximum	Nu. 3,6500 -  Nu.10,9500
		and job seekers	of three years of the Daily Minimum
			National Wage Rate
4	20	Sexual Harassment	Petty Misdemeanour	1 month to one year of imprisonment
			In addtion, according to the severity of	OR
			the offence, Court may impose a fine at	Nu. 100 - Nu.300,000
			the rate of the Daily Minimum National
			Wage Rate to a maximum of 3000 days
			of the Daily Minimum National Wage Rate
5	33	Divulging confidential information	Misdemeanour	1 - 3 years of imprisonment
		by Labour Relations Officer, Labour
		Inspector or Advisor
6	36	Conflict of Interest exercised by	Misdemeanour	1 - 3 years of imprisonment
		Labour Relations Officer, Labour
		Inspector or Advisor
7	38	Obstruction to entry and inspection	Petty Misdemeanour	1month - 1 year of imprisonment
8	41	Non compliance to Improvement Notice	fine at the rate of the Daily Minimum	Nu.100 to Nu.36,000
			National Wage Rate to a maximum of
			360 days
9	45	Non compliance to Prohibition Notice	a) A Misdemeanour; or	a) 1 - 3 years of imprisonment
			b) If aggravated circumstances exist,	b) 3 - 5 years of imprisonment
			a felony of the fourth degree
10	50	Non compliance to the notice affirmed	a) A Misdemeanour; or	a) 1 - 3 years of imprisonment
		by the Chief Labour Administrator under	b) If aggravated circumstances exist,	b) 3 - 5 years of imprisonment
		section 48	a felony of the fourth degree
11	63	Contract of employment not put	violation	fine at the Daily Minimum National
		in writing		Wage Rate for a maximum of 90 days
12	66	Terms and conditions of contract of	violation and in addition Ministry may	fine at the Daily Minimum National
		employment not as per the minimum	direct for payment of appropriate	Wage Rate for a maximum of 90 days
		standard set by the Act	damages or compensatory damages	and compensation as per the gravity
				of the case
13	71	Failure to specify a notice period of	violation	fine at the Daily Minimum National
		termination of contract of employment		Wage Rate for a maximum of 90 days
		in the contract of employment
14	75	Probation period	Petty Misdemeanour	1month - 1 year of imprisonment
15	80	Failure to have an Internal Service Rules	fine at the Daily Minimum National	Nu. 100 - Nu. 1,09,500
			Wage Rate for a maximum of 3 years of
			the Daily Minimum National
16	86	Unlawful reason for termination	A Misdemeanour and in addition the	1 - 3 years of imprisonment and/or
			court may direct the employer for	reinstatment and/or compensation
			reinstatement of the employee or for
			payment of appropriate damages or
			compensatory damages.
17	98	Non payment of compensation	Felony of fourth Degree	3 - 5 years of imprisonment
			Court may also order payment of
			compensation as prescribed in the rules
18	102	Non payment of benefits	Felony of fourth Degree	3 - 5 years of imprisonment
			Court may also order payment of
			compensation as prescribed in the rules
19	116	Non compliance to Sections 111 to 115	Misdemeanour	1 - 3 years of imprisonment
		(Night and Risky work, Work on return
		from maternity leave, Nursing mothers
		and continuous employment)
20	123	Non compliance to the terms for payment	fine at the Daily Minimum National	Nu. 100 to Nu. 9000
		of wages	Wage Rate for a maximum of 90 days
21	126	Non payment of overtime pay for night work	Petty Misdeneanour	1 month - 1 year of imprisonment
22	128	Non payment of wages on termination	fine at the Daily Minimum National	Nu. 100 to Nu. 9000
		of contract of employment	Wage Rate for a maximum of 90 days
23	130	Non payment of unclaimed wages	fine at the Daily Minimum National	Nu. 100 to Nu. 9000
			Wage Rate for a maximum of 90 days
24	133	Unlawful decuctions	Petty Misdeneanour	1 month - 1 year of imprisonment
25	137	Non-maintenance of wage record	Fine at the rate of the Daily Minimum	Nu. 100 - Nu. 1,09,500
			National Wage Rate to a maximum of 3
			years of the Daily Minimum National
			Wage Rate.
26	145	Non performance of employer's duties	Felony of Fourth degree	3 -5 years of imprisonment
		to employees under Occupational	In addition, court may impose appropriate	and appropriate damages
		Health and Safety Rules	compensatory damages
27	156	Failure to report accident or incident	Fine at the rate of the Daily Minimum	Nu. 100 - Nu. 36,500.00
			National Wage Rate to a maximum of 1
			years of the Daily Minimum National
			Wage Rate.
28	161	Non performance of employee's duties	Fine at the rate of the Daily Minimum	Nu. 100 - Nu. 36,500.00
		under the Occupational Health and Safety	National Wage Rate to a maximum of 1
		Rules	years of the Daily Minimum National
			Wage Rate.
29	168	Non performance of duties by other	a) suspension of business licence in the
		persons such as designers, manufacturers,	first instance
		importers or suppliers of machineries	b) cancellation of business licence in the
		or chemicals	second instance
30	172	Employment of child below the minimum	Felony of third degree	5 - 9 years of  imprisonment
		age limit set by the Act
31	183	Non compliance of Workers' Association	As per the penal code of Bhutan	As per the grading given by court
		to negotiate in good faith and for
		propagating activities adversely affecting
		the security of the country
32	187	restraining the employees from exercising	Petty Misdemeanour	1month - 1 year of imprisonment
		their right to atttend court proceeedings
		with pay
33	191	Non compliance with the provision on	Petty Misdemeanour	1month - 1 year of imprisonment
		Workplace Grievance Procedure specified
		in the Act
34	217	Non compliance with the terms and	Shall be penalised according to the	As priscribed by the Rules depending
		conditions of licence by Employment Agent	Licencing Rules and Regulations	upon the gravity of the case
35	222	Employment of foreigner without permit	Felony of the fourth degree	3-5 years of imprisonment
36	225	Non compliance to the provisions on	Misdemeanour	1 - 3 years of imprisonment
		prohibitions on employment of foreigners
37	229	Offences relating to permit	Misdemeanour	1 - 3 years of imprisonment
38	230	Forgery and counterfeiting a permit	Felony of the fourth degree	3-5 years of imprisonment