Labour Law Content
Main Features of Foreign Employment Act 2064 , Gaps and Challenges
This act was enacted in order to make foreign employment business safe, managed and decent and protect the rights and interests of the workers who go for foreign employment and the foreign employment entrepreneurs, while promoting that business.
- Specification of countries for carrying on foreign employment business:
- Power to make a bilateral agreement:
- Selection of institution:
- Power to send workers by making a treaty or an agreement
- Prohibition on sending a minor for employment: Any minor who has not completed eighteen years of age shall not be sent for foreign employment.
- Prohibition on gender
- To provide special facility and reservation
- Prohibition on carrying on foreign employment business without a license:
- Prohibition on transfer of or change in ownership or liability:
- Notwithstanding anything contained in the prevailing laws, no licensee shall, without the approval of the Department, transfer or change the ownership or liability of the institution.
- Prior approval to be obtained
- Power to specify minimum remuneration
- Service charge and promotional costs specify the upper limit
- Offense and Punishment –on several issues
Gaps and Challenges
- How can the potential of remittances be maximized as a driver for economic growth and poverty reduction,
- What should be the institutional response and structure for instigating workers to use the formal remittance service outreach,
- making destinations countries comply with the relevant conventions, recommendations and protocols concerning the safe and decent employment of migrant workers?
- IT application to maximize the effective flow of remittances through innovative payment systems, like cards, mobile telephones and branchless banking?
- Should Nepal develop remittance-linked debt securities?
- What policies, acts, regulations and investment environments are needed for remittance-based infrastructure and other development programmes and projects?
- What options specific to development policy, plans, programmes and projects should be considered to minimize the remittance economy’s vulnerability to external economic crises and migration policies being adopted by destination countries?
- What legal and administrative mechanisms should regulate overseas study and foreign employment, considering how intertwined they have become and considering the potential for fraudulent activities?
- How can issues of foreign employment be incorporated into major sectors related to education, health, finance, women, children and social welfare (especially with respect to human trafficking), home affairs, tourism, agriculture and finance to ensure a coordinated and harmonized approach in policy, plans, programmes and projects?
- What is the magnitude of health-related concerns and issues of migrant workers and what specific actions can be taken to remedy these problems, including among irregular workers?
- Foreign employment, over the years, has become associated with social costs, such as family disintegration, children growing up without the benefit of parental care and senior citizens not receiving proper care. The increasing trend in suicide among migrants and returned workers is a concern. Family stress levels are often heightened by the absence of one or more members. What can be done to mitigate the social costs?
- The agrarian economy is negatively impacted in the absence of human resources for agriculture. Nepal imports food grains and other agricultural products due to reduced agricultural activities. Can this be turned around?