Manpower companies who are not satisfied with the action taken by the department can appeal to the Foreign Employment Tribunal within 35 days.
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The Ministry of Labour, Employment and Social Security has initiated the process of amending some of the main sections of the Foreign Employment Act-2064.
By removing the issue of promotion of foreign employment business and protecting the rights and interests of foreign employment professionals, which is a in the existing law, the Ministry has proceeded with the process of prioritizing the issue of regulation and management to make foreign employment safe, dignified and organized.
There is a provision in the current law that a mainpower company in which the family of a single family has shares cannot be opened. The government amended the existing law in 2075 saying that if the share of a single-family family is in the main power company to obtain more than one license, fraud on the workers may increase. This provision has been removed from the proposed bill.
The proposed bill has made the verification of demand letter from the Nepali embassy to be done by the employer company to hire Nepali workers flexible. If the manpower company does not decide whether or not to verify the demand within 15 days of submitting the application through the foreign employment information management system, the embassy will be in charge of the demand and the demand will be considered verified. has been arranged .
No need to take pre-approval from the Foreign Employment Department after the demand letter has been verified has been fixed. Verification of demand letter of countries without Nepali Embassy will be done directly by the Foreign Employment Department has been fixed. In the existing law, the foreign employment department cannot give prior approval until the request is verified by the embassy. Former Ambassador Udayaraj Pandey The demand letter must be verified by the embassy or unpaid consul general who has the right to co-certify Vyav says that it is important to keep the
status as it is. He said, "If there is a situation where the demand letter cannot be verified within 15 days, a reasonable reason should be sought from the embassy." The embassy should be made more responsible. If the request is not verified within 15 days, if there is a situation of automatic verification, the embassy will become weak.' In the proposed bill, if a language is required for workers to obtain a foreign employment permit, a certificate of passing the language test is required. mode
mode has been added . If there is a difference in the worker's position, nature of work, salary and other service facilities, it is arranged that the department will stop the manpower company from sending the workers . National by colonial training institute has been fixed. A provision has been added that the worker himself is fully responsible for the accountability of all the documents submitted by the workers who go to foreign employment personally. It has been arranged that complaints of personal fraud can be monitored and acted upon by the chief district officer according to the Civil Criminal Procedure Code-2074. According to Som Luitel, an expert in labor law, it is necessary to address the problem of access to justice rather than the systemic one for those who have been defrauded during foreign employment . "Right now, the problem is with access to justice rather than systemic," he said. A separate bench should be kept to hear the case of foreign employment in the High Court.' Unreconciled The Foreign Employment Tribunal is looking into the case of fraud related to
. A provision has been added that a manpower company that does not provide details and records within three days during monitoring and inspection by the department may be suspended for three months and fined up to 50,000. Minister of Labour, Employment and Social Security Sharatsingh Bhandari said, "The department which has the right to monitor the manpower company will not cooperate in the monitoring work and it has been added because there is no clear system on how to take action against such a manpower company." Manpower companies who are not satisfied with the decision taken by the
department can appeal to the Foreign Employment Tribunal within 35 days. In the existing law, appeals can be made to the Minister of Labour, Employment and Social Security
is a situation. Luitel, an expert in labor law, said, "It has never been the subject of the judiciary." This positive Yes . It controls the influence at the political level.' In some cases, manpower companies that have been prosecuted by the Foreign Employment Department have approached the Ministry of Labor for appeal and even reversed the decision. The proposed amendment has taken such matters to the court process .
In the existing law, it has been arranged that labor approval can be taken only twice. By correcting this with the proposed bill, it has been proposed that permission can be obtained from the embassy more than twice. In the current law, term life insurance must be purchased through a private insurance company.
is a situation. The proposed bill will remove it and the insurance amount will be deposited in the welfare fund.
has been arranged . If this is implemented, the workers' welfare fund will be strengthened .
The proposed bill The scope of use and operation of the Foreign Employment Welfare Fund has also been increased. In which, financial assistance will be provided in case of death due to the same reason while receiving treatment in the destination country due to amputation or serious illness in Nepal, and financial assistance will be provided in case of death in Nepal within the contract period of the worker who came to Nepal on vacation . In the existing law, such a subject is not mentioned. As a result, the dependent families were deprived of relief and compensation in the event of death abroad during the contract period . They are not able to get compensation even from the insurance company . The provision of treatment and financial assistance to women workers in foreign employment who are pregnant due to any kind of sexual abuse or violence, who have returned with minor children, and women workers who have sexual and reproductive health problems has been made in the proposed bill. The existing law provides educational scholarships only to the families of deceased workers has been fixed. By changing it, the bill will provide scholarships to children who are stranded, sick and disabled, comatose, and in prison. has also been done. What is new in the Foreign Employment Act-2064? Manpower who does not provide
details can be suspended for three months and fined up to 50,000
If the application is not verified within 15 days, the automatic verification will be done Foreign employment permit can be obtained more than twice from the embassy Foreign employment permit instead of labor acceptance Insurance premiums will be deposited in the welfare fund. Foreign employment welfare fund will increase the scope of use and operation
giving treatment and financial assistance to the victimized women workers
