Regulation to Check Exploitation of Labour Abroad
The rules and regulations made to check exploitation of emigrants have largely proved effective. Despite the existing framework to enable legal migration and the efforts made by the Government to prevent irregular migration, complaints regarding fraudulent offers of overseas employment and cheating of job seekers are received by the Ministry of Overseas Indian Affairs from time to time. Such complaints include fraudulent advertisements for jobs abroad, recruitment on behalf of dubious employers and offers of exaggerated benefits to lure job seekers. These complaints are received against registered Recruiting Agents, unauthorized intermediaries as well as some Foreign Employers.
The Government has taken several initiatives for preventing and combating illegal recruitment for overseas employment. These initiatives include inter alia the following:
(i): Whenever a complaint is received about cheating or exploitation of an emigrant action is initiated for suspension or cancellation of the registration certificate of the recruiting agent. If the recruiting agent indulges in forgery of documents he is prosecuted through the state police. Complaints against illegal agents are referred to the state police for prosecuting them. If there is a complaint against the employer about exploitation of the worker, proceedings for black listing of the employer are initiated.
(ii): The Ministry has notified the new Emigration (Amendment) Rules 2009 on 9th July, 2009 revising the eligibility criteria of Recruiting Agents (RAs) and enhancing the validity period of the Registration Certificate and increasing the security amount and service charges.
(iii): The Ministry has signed bilateral labour MoUs with all the GCC countries (except Saudi Arabia), Jordan and Malaysia to enhance bilateral cooperation in management of migration. Joint Working Groups have been constituted under these MoUs that meet regularly to resolve labour issues.
(iv): A National Awareness-cum-Publicity Campaign was launched by the Ministry to create wider awareness among the general public and particularly among the potential migrants on the risks of illegal migration and safeguards against illegal practices by unauthorized intermediaries and fraudulent recruiting agencies.
This information was given by the Minister of Overseas Indian Affairs, Shri Vayalar Ravi in a written reply in the Rajya Sabha today.
Indian Women Working Abroad
All workers, male as well as female, going for employment to the 17 Emigration Check Required (ECR) countries on ECR passports are required to obtain emigration clearance. Women workers going to Gulf countries are not separately registered. The Government has, however, taken some special measures for protection of women emigrants. Women with ECR passports are not allowed to emigrate for work before 30 years of age. The foreign employers hiring Indian women workers have to deposit a security of 2500 US dollars with the Indian Missions. The Government has stipulated a minimum wage of 300 US dollars per month in case of housemaid. Shelter for run-away maids are operated by the Indian Missions. The Government has stipulated that the employer would provide a pre-paid mobile phone facility to the woman worker as a mandatory contractual obligation.
This information was given by the Minister of Overseas Indian Affairs, Shri Vayalar Ravi in a written reply in the Rajya Sabha today.
This is a very welcome move by the government. Although much delayed, but even now the plight of the subject sufferers is so pathetic, as is learnt from time to time, that this belated action may result in great positive results. The government has to, however, ensure that the proposed regulations shall give no scope to the powerful labour hire contractors/agents to continue its hold on the existing machinery being empowered with the new rules, etc. Otherwise, the condition of these men and women is going to worsen. In fact, it would be better, if a committee of honest social workers (not the much hyped and publicised ‘activists’) is also constituted to oversee the machinery. The members must not get more than two years as their tenure to ensure the creation of any vested interest.