Protection of Interests of People Seeking Employment Abroad
From time to time the Government receives complaints regarding contracted salary not being paid and also delayed payments of salaries. Any complaints received in the Ministry of Overseas Indian Affairs relating to denial of contracted salary including delayed payments are attended to without exception. Some of the complaints themselves are received in the Indian Missions. In all such cases, action is taken to ensure payment of contracted salary including delayed payment of salary. The foreign employers/sponsors concerned are contacted by the Indian Missions to redress such grievances of emigrants. If necessary, issues are also taken up with the local Government authorities concerned. Wherever necessary, if a registered recruiting agent is involved, the Ministry initiates action under Emigration Act, 1983 against such agents with a Show Cause Notice for redressal of grievances. If an unregistered agent is involved, redressal is sought through the State Government authorities concerned and they are also asked to initiate action against such unregistered agents. Permission for prosecution is also given in such cases by the Protector General of Emigrants if asked for by the state government.
The Emigration Act, 1983 and Rules thereof as amended from time to time and executive instructions provide the framework to regulate activities of the recruiting agents and to facilitate legal emigration and safeguard the interests of emigrant workers.
To ensure that only credible persons are enrolled as recruiting agents, various eligibility criteria are imposed under the Emigration Act, 1983 and the Emigration Rules, 1983 and the instructions issued thereunder which include, minimum educational qualification of bachelor degree or two years diploma (or equivalent) from recognised university or institute, Police verification report certifying the antecedents of the applicant for registration, the security by way of Bank Guarantee for Rs.20 lakh, financial soundness of the applicant, duly verified by registered Chartered Accountant accompanied by Income Tax Returns for three years. A registration fee of Rs.25,000/- is also charged. The RA can collect service charges from the emigrant equivalent to not more than 45 days’ wages of the emigrant subject to a maximum of Rs.20,000/-. Periodical renewal of registration (every 5 years) subject to satisfactory functioning of the RA with fresh police verification report certifying the antecedents is also provided.
To ensure safe and legal emigration, Emigration Check Required (ECR) passport holder going to 18 ECR countries require emigration clearance, from any of the office of Protector of Emigrants located at 10 places namely Mumbai, Chennai, Delhi, Hyderabad, Kolkata, Cochin, Thiruvananthapuram, Jaipur, Rae Bareli and Chandigarh. Every application for emigration clearance should accompany the requisite documents like Demand from the Foreign Employer, Power of Attorney given by the Employer to the Recruiting Agent, Employment Agreement having a provision of Minimum Referral Wages, valid visa, Insurance Policy under Parvasi Bhartiya Bima Yojna (PBBY). Pre-attestation of employment documents from the Indian Mission is mandatory in vulnerable cases and Domestic Sector Workers (DSWs). Women emigrants below 30 years of age are not permitted emigration clearance and as a special protective measure besides attestation of documents, the Foreign Employer (FE) is also required to deposit a security of US $2500 in the Indian Mission.
Violations of provisions of the Emigration Act/ Rules are dealt with seriously. Complaint against unregistered recruiting agents is referred to concerned State Governments/Police Authorities for investigation and appropriate action as per relevant laws of the land. In case of complaints against the registered Recruitment Agents, action as stipulated under the Emigration Act, 1983 and Emigration Rules, 1983, by way of issuing Show Cause Notice (SCN), suspension/cancellation of license and forfeiture of Bank Guarantee, are taken. In case a foreign employer is found to be indulging in exploiting an emigrant, FE is blacklisted. Once blacklisted, in consultation with the Indian Mission, that FE cannot recruit any Indian worker. Blacklisted FEs are available on the Ministry’s website www.moia.gov.in. The complete status of the Registered Recruiting Agent is also available for online checking on the website www.poeonline.gov.in.
The Ministry has established Overseas Workers Resource Centre (OWRC), under which, a 24 hours toll free helpline in 8 listed languages namely, English, Hindi, Punjabi, Malayalam, Bengali, Tamil, Telugu and Kannada is available to enable emigrants/prospective emigrants to seek information and file complaints against registered/unregistered recruiting agents/foreign employers.
To protect the intending emigrants from being duped by the unscrupulous elements, the Ministry conducts a massive nationwide awareness and publicity campaign through print and electronic media to inform intending migrants the do’s and don’ts regarding the recruitment and the emigration procedure.
This Information was given by the Minister of Ministry of External Affairs and Overseas Indian Affairs Shrimati Sushma Swaraj in Rajya Sabha today.
YSK/ Uma