Access to justice is still a daydream to hundreds of youth suffering from outsourcing fraud. Foreign Employment Tribunal – a semi-judicial body – received only 10 per cent of the total 1,204 outsourcing fraud cases. About 120 fraud cases registered in the tribunal in the fiscal year 2010-11, said registrar of the tribunal Narayan Prasad Paudel. The tribunal resolved 78 fraud cases last year and 184 cases are still under scanner. The tribunal had resolved 16 cases in four months of 2009-10 following its establishment in February 2010. “People don’t have direct access to the tribunal and Department of Foreign Employment brings cases to the tribunal,” he said, explaining the cause of low cases in the tribunal.

According to Foreign Employment Act, people suffered from fraud in foreign employment only can appeal to the department and it forwards the cases to the tribunal. “We scrutinise the appeal when it first comes to us,” director general of the department Narendra Raj Sharma said, adding that they mediate to solve the case in mutual understanding before sending to the tribunal.

“Only the cases which are not resolved in mutual understanding are sent to the tribunal,” he said. “About half of the cases were solved in the process.”

Last year, the department had solved 657 cases under their jurisdiction. About 447 ca-ses were withdrawn by appellants following negotiation outside. Of 1,204 fraud cases, about 59.88 per cent fraud cases were against individual agents, while 40.12 per cent cases were against outsourcing agencies nut above 80 per cent individual fraud cases reach tribunal. The complaints have claimed a total of Rs 641.39 million in compensation last year.

Published on: 9 August 2011 | The Himalayan Times