Every year, thousands of Nepali workers fall victim to various accidents, exploitation, fraud and legal complications. Therefore, ‘improving orientation’ is not just an administrative issue, but also a question related to human security and state accountability.
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Foreign employment is not only a strong alternative to employment management, but also a major basis for supporting the national economy. From villages to cities, from poor families to educated youth, the lives of millions of Nepalis are directly linked to foreign employment. However, in an area of such great social and economic importance, state mechanisms are still weak in terms of labor security, access to information, and practical facilitation. The Foreign Employment Act, 2064, which was amended to amend the 2042 Act, inspired by socialist thinking on foreign employment, added unnecessary and restrictive provisions. This Act has neither made foreign employment safe nor dignified. Orientation has still largely become a paper-making process. It is too late to transform it into a means of protecting the lives and rights of workers.
The main problem with the current orientation system lies in its structure and objectives. While workers need to be given practical information about the laws of the destination country, the nature of work, language, risks, social behavior, support mechanisms, workers' rights and emergency situations, they are informed about the provisions of formal laws and regulations during orientation. This process has become cumbersome and expensive for workers with low education, who do not speak or understand Nepali well, and who have come to Kathmandu for the first time. On average, a worker has to spend about 12,000 for orientation due to expenses such as transportation, food, etc. This has not only increased the cost of the worker, but they have not received the necessary practical knowledge abroad due to paper orientation.
Workers are paying the price for government delays
The problems seen in orientation are not just technical shortcomings - they are becoming a matter of life and death for workers going for foreign employment. It is of the nature of finding solutions to all subjects from a single curriculum, requiring even those who know Nepali to study in Nepali, and having to learn a multitude of laws and regulations in 12 hours. On the one hand, this has added financial burden to the workers, on the other hand, due to incomplete and impractical information, the foreign employment of Nepali workers has not been made secure.
With the development and expansion of information technology, citizens do not see the messages published in classrooms, government television, and newspapers. In the context of the widespread use of mobile applications and various social media, it is essential for the government to change its policy implementation method. Communication is possible only when there is communication on Internet-based communication methods such as Facebook, WhatsApp, Viber, Botim, WeChat, TikTok, and Telegram, which most Nepalis use while at home or abroad. Government information is not reaching the workers. Therefore, fraud using social media has expanded widely.
Three-stage orientation
Workers need appropriate information and support before making a decision to work abroad, while abroad, and even after returning to Nepal. Bodies working on social and economic rehabilitation must also conduct various communication activities from time to time. Such issues are more for policy implementation than for theoretical consumption.
Correct information is the first security
A worker's decision to go abroad is not a common matter. It also attracts the imagination of family, debt, employment and a bright future. Initial consultation on safe immigration, legal procedures, possible fraud, actual costs and available government services should reach the citizens. If the correct information can be given to the workers at this stage, various subsequent risks can be automatically minimized. Practical information can be given regarding the provisions of the government's acts and laws at this stage. If information about the nature of foreign employment fraud, direct contact with foreign employment professionals, nature of work, actual costs and required skills can be controlled at this stage. It is appropriate to include information on the language, skills and expenses required for employment, safe immigration issues, passport preparation methods, welfare funds, insurance, health checks, the amount to be deposited in the social security fund, and the rights and privileges of workers.
Preparation according to the destination country
It is necessary to provide workers with information about the laws, language, culture, workplace safety, rights, and services of the Nepali mission according to the destination country. The laws that migrant workers must follow and the potential risks are also different in each destination country. Some Nepali workers are not even aware of how to travel by air. There are many examples of people not even knowing how to contact their employers when they go to the relevant country.
The mandatory documents to carry when going for foreign employment, information on the immigration of the destination country, and establishing contact with the relevant employer It is very important for the worker to have information about the method, geographical-political-cultural information of the concerned country, illegal acts and punishments in the destination country, labor laws of the concerned country, change of employer, alcohol/illegal drugs and religious and cultural disrespect, contact address of the Nepali embassy, etc. Orientation is more useful when creating a situation where the worker can use common language as needed.
State support and cooperation
The most neglected aspect in the current system is post-departure assistance. Orientation and cooperation are not services that end after leaving Kathmandu Airport. Workers have to face the real challenge only after reaching abroad. Sometimes, Nepali missions conduct worker orientation activities in the destination country. Such orientations do not take place in countries where there is no Nepali mission. Considering the fact that the training given during pre-departure may be forgotten, Nepali workers should be regularly informed about the laws, language, illegal activities, religious and cultural values of the destination country through digital means.
The most important thing for workers while abroad is the communication system. In addition, information on health awareness, accidents/deaths, re-employment approval system, remittance system, participation in the social security fund, and the work to be done by Nepali workers in disaster or crisis situations, as well as socio-economic rehabilitation opportunities, should also be communicated. If an application is used for this, the number and location of the person concerned abroad can be identified, which can further facilitate various rescue operations.
The role of local governments in the reform is also an important aspect, not on paper, but in implementation. Despite entering the federal structure, most of the foreign employment-related services remain centered in Kathmandu, which has added an additional economic and social burden on workers in rural areas. The employment service centers operating at the local level are used only for minimum employment programs. This structure can be developed as a center for safe immigration, initial counseling, fraud control, and information flow. If all labor-related services can be provided from the local level, which has direct contact with the citizens, the reliability and accessibility of the service can be increased.
The issue of foreign employment practices and legal reforms for labor protection has been discussed regularly. Although the Foreign Employment Act, 2064 has made pre-departure training mandatory, it has not made clear provisions on pre-departure and post-departure orientation. Keeping in mind the current reality and needs, a three-stage orientation system should also be arranged in the legal structure. Many foreign-employed workers are facing problems due to the lack of a coordinated working process between the Ministry of Labor, the local level, and the Nepali mission that oversees foreign employment. The old thinking that ‘two-day orientation training makes workers safe’ should be changed. Nepali workers are seeking support and assistance from the state not only after reaching abroad, but even before reaching there.
It has become essential to pay attention to the role of the local level in foreign employment-related information and coordination. The 'Nepal Government Work Detail Report', which was prepared to arrange the schedule of the constitution, requires amendments to various acts to distribute the common rights of the schedule of the constitution and transfer the federal rights specified in the report to the provinces and local levels. Mobilizing the local-level employment service centers, which have been operating since the fiscal year 2075/76, only to provide minimum employment is not a good use of resources. There are many problems with the provinces and local levels demanding responsibility and the lack of delegation of authority from the union.
The private sector also has a large investment in the current orientation system. Therefore, while reforming, it is necessary to redefine their role rather than displacing private institutions. It can be developed not only as an organization that distributes certificates but also as an organization that provides specialized practical training according to the destination country. The government and the Foreign Employment Board should play an active role in developing trainer capacity, creating digital content, and monitoring quality.
Expectation of clear decisions
The issue of foreign employment in Nepal should not be limited to departure management and remittances. The Nepalese government must pay attention to the human rights, social protection, right to information, etc. of Nepali workers abroad. Every year, thousands of Nepali workers are facing various accidents, exploitation, fraud, and legal complications. In such a situation, improving orientation is not only an administrative issue, but also a question related to human security and state responsibility.
We will study and discuss foreign employment and its challenges. However, the need is to develop the idea that Nepalis are Nepalis wherever they are. There is a need to develop a system of government support and cooperation in all cycles of foreign employment for Nepalis, not as an orientation to help workers going for foreign employment complete the paperwork process.
Even in the present day, if the state adopts a policy of maintaining the old style and method, Nepali workers will always be neglected. The old thinking that workers are safe with a two-day orientation training must be changed. Nepali workers are seeking support and assistance from the state not only after they reach abroad, but even before they go abroad. Let us not delay in deciding to link orientation with worker safety.
