s

Nepali migrant workers and compensation

Year of Publication: 7 November 2011 | The Kathmandu Post

Publication Type: NEWS

Published by: CESLAM

Shreya Thapa

In hopes of earning more money, flocks of young people are leaving Nepal as migrant workers. While many successfully send money back to educate children, build house, and fund families, horror stories are still abundant.  
 
A large part of these tales of misfortune concern finances. Most commonly, a worker is not given his full salary, she is not paid on time, or one is not offered adequate compensation for injuries.
 
“When I was going, I was told that I would be paid US$1,500,” says Kamal Uprety, who was 27 when he went to work in Iraq in 2005. “But I was paid only US$500 a month.” It’s a long and complicated story, he says as he briefly explains, “They take your passport away, they use subcontractors so you don’t know who to contact, you can’t contact the Nepalis you know. Without any option, you have to agree.” Kamal had “agreed” to work for 12 hours a day for about a third of the salary he had been promised in Nepal.
This, unfortunately, is a common story. Matt Handly, an American lawyer most popularly known for obtaining compensation for the 12 Nepali workers who were murdered in Iraq in 2004, comes to Nepal regularly to assist migrant workers.
 
At a workshop held on October 19 titled “Rights of Nepali Workers Abroad,” Matt’s presentation informs, “Often, foreign contractors and their recruiters deceive potential workers into believing that the promised jobs are in different locations. Deceptive recruiting also includes misinformation regarding job description and payment.”
 
When Kamal attempted to speak up to his employers, he was fired and came back to Nepal after spending 10 months in Iraq. 
 
“I was educated but I still fell into the trap. For some people, it’s good, they are able to save money and make a life for themselves, but I regret going.” Kamal is hoping to file a case that will help reimburse the money he is still owed.
 
Other cases of compensation often include injuries. As Matt’s presentation warns, “It is common for Nepalis working abroad to be injured, or even killed, during their employment. Employers do not have a good track record of compensating for such injuries. Often promised payment is withheld or garnished, contrary to the employment agreement.”
 
Suraj Lama, 28, was injured at work and still faces physical difficulties. He went to Iraq in 2006 to work in catering. But after not being paid on time, working over 12 hours a day and being paid less than half of what he was promised, he switched employment. 
 
But in October of 2008, when working as a laborer, Suraj says, “We packaged and buried everything that was broken – cars, metal, scraps. We used to burn trash twice a day, and once doing that, there was an accident. There was an explosion and metal shrapnels ended up going through my stomach.”
The accident led to his hospitalization in Baghdad where one difficulty led to another. Without anyone to take care of him, he requested to be sent to his company to recover in his quarters. “But I found out that they were supposed to send me directly to Nepal from the hospital. How could I do that? I still had my things in my room and the company still owed me money.”
 
Suraj was taken back to his place but was unable to work. “When I couldn’t work, I was given my whole salary and I didn’t have to pay for my hospital bills in Iraq,” he says. But he isn’t sure whether the medical costs were covered by the American company or the subcontractors from Dubai.
 
Suraj was originally offered an additional US$2,000 for medical coverage. “I had a friend who spoke to the superiors. He told him that 2,000 dollars was nothing and that this was a man’s life.” When he finally returned in Nepal in January of 2009, Suraj was given US$5,000. 
 
After coming back to Nepal, Suraj continued to suffer from his injury and a second surgery was needed to remove additional metal shrapnel that were lodged in his back. This time, Suraj had to cover the costs on his own. “I’ve tried getting in touch with my company but they don’t respond. 
 
So far, I’ve heard nothing.” Despite it all, Suraj is open to going back, “If I find a good company I might go, the money I saved is almost all gone, what can I do here?” he asks. 
 
Beyond the physical loss, many who opt to work abroad are subject to mental torture, especially women. Bijaya Rai Shrestha, director of Pourakhi Nepal, an NGO for women migrant workers, says, “Many women and young girls who go to work end up as domestic workers.” 
 
These girls, usually 18 years old and above, are uneducated, illiterate, and unskilled. “They don’t speak the language. They don’t understand what they’re supposed to do and they don’t have the training. So the employers get mad, they don’t feed them properly and they don’t pay them.”
 
Without money or their passports, many young women are forced to work under mental strains and are sometimes sexually abused.
 
In terms of what to do to prevent this, Matt and Bijaya offer similar advice: Keep records of all documentation. In almost all cases, only verbal agreements are made in Nepal while proper contracts are signed only when a worker is put under unfavorable conditions. 
 
Bijaya says, “Make a copy of everything – passport, citizenship certificate, any paperwork. Take a copy and leave a copy with your family.”
 
Though not all who go abroad suffer, Bijaya says, “It’s important to know where you’re going. Learn about the job, figure out exactly what your work will be, learn the language, and most importantly, learn about the laws in Nepal and of the country you are going to.”
 
Maybe after taking these preventative measures, the costs of young Nepalis working abroad won’t be so high.
 
Published on: 7 November 2011 | The Kathmandu Post

Back to list

;