Tuesday, May 8, 2018

Outsourcers have to verify demand letter from Nepali mission from abroad

Government from today made it mandatory for recruiting agencies and foreign companies, seeking Nepali migrant workers to get their work demand letters approved by the Nepali missions.
According to the Minister of Labour, Employment and Social Security Gokarna Bista, the government was forced to bring the new provision after repeated complaints of Nepali migrant workers being cheated through fake demand letters. According to him, the foreign missions abroad, including embassies, consulate generals, permanent missions, special missions and other diplomatic missions would verify the demand letter submitted by companies or recruiting agencies on behalf of such hiring companies for obtaining Nepali migrant workers.
"The government has brought a new directive, ‘Foreign Employment Related Demand Letter Inquiry Directive (2018)’, to deal with the ill practices in outsourcing agencies," he said, adding that the directives has been approved by the cabinet yesterday.
There have been repeated incidents of fake demand letters produced by hiring companies, agents and recruiting agencies involved in supplying workers in destination countries – especially Gulf countries and Malaysia – ultimately deceiving poor Nepali workers.
The new directive is also expected to help in controlling the number of migration of unskilled manpower to these countries, where they are exploited. "There used to be problems in demand letters," he said, "For example, they would show better facilities, remunerations and other services in the demand letters, which would later not match when workers would start working."
Earlier, those companies used to send their demand letters directly to the Department of Foreign Employment (DoFE) after approvals by local notary public offices and local Chamber of Commerce. The Chamber of Commerce and Notary Public would give permission to those companies to invite Nepali workers only after checking the legal status of the company, but not their financial condition, facilities and services being given to workers.
Only few reputed companies would send demand letters that matches facilities mentioned in preliminary work permit and the final work permit. In many cases, recruiting agencies were found to be bribing local agents and staff of the hiring companies for procuring workers demand, showing attractive perks for workers. With the new directive, the foreign missions will verify these demands letters before they get final nod by the department. The employing company will have to submit demand letter authenticated by the Notary Public, Chamber of Commerce and concerned government agency of the host nation.
The foreign mission will take 10 working days to verify the workers demand letter before forwarding it to the department for final inquiry. Besides assessing the demand letter verified by agencies of the destination country, the foreign mission would also gather information on situation of Nepali workers in the same company; basic salary; facilities, services and remunerations provided to workers; condition of work place, housing, health and security situations, Bista added.
The missions will also make sure whether the recruiting company has been blacklisted, and has the valid permission from local authority to obtain workers from Nepal. If required the embassy or other missions can also make field visits to the hosting company before granting the approval for recruiting Nepali workers.
The DoFE will verify and issue pre-permission to aspirant companies based on the approval of the foreign mission.
If the details in the demand letter submitted by the employer contradict with the demand letter approved by the missions or appear to be false, the department will not grant permission to recruiting agencies to hire workers.

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