In a controversial move, the government has endorsed a draft of a new regulation that relaxes some processes in acquiring work approval. The new regulation endorsed by the Cabinet on October 31 incorporates controversial provisions like giving work approval even if there is a discrepancy in the sponsor and profession details.

A majority of workers going to Gulf countries are forced to carry varying work contract letters, with changes in the company, sponsor and profession, which has become a major reason for migrant workers to be duped abroad. As calls for reforms in the foreign employment sector rise, the new regulation will encourage companies and agents to keep on cheating the workers.

The Ministry of Labour and Employment and its department concerned had forwarded the proposal some two months ago, following pressure from the Nepal Association of Foreign Employment Agencies (NAFEA).

According to the new provision, manpower companies are deemed to get the final work approval from the Department of Foreign Employment even if the profession and sponsor in the demand letter and visa letter do not match. Earlier, it was mandatory for the workers to have uniformity in profession and sponsor details in both the pre-work approval and final work approval.

Buddhi Bahadur Thapa, head of the foreign employment division at the ministry, said the variance in company details is only acceptable if pre-work approval is taken in the name of the parent company and visa is issued through a subordinate company.

Though illegal, manpower companies and agents were sending workers using fake contracts through the notorious “airport setting,” a term used for a close nexus between agents, the police at the Tribhuvan International Airport and staffers of the Immigration Department and the Department of Foreign Employment (DoFE).

After the Commission for Investigation of Abuse of Authority (CIAA) arrested staffers of the DoFE and Immigration Department about two months ago, the DoFE and the TIA immigration have tightened inspection of workers holding the dual contracts.

After it became tougher for workers to get entry through the TIA immigration and acquire work approval from the DoFE through the ‘setting,’ two separate NAFEA factions had organised protests for a few weeks, demanding changes in the law that were creating the problem. The protesters withdrew their struggle after the government expressed readiness to address their demands.

“The enactment of the new regulation bids farewell to all attempts for changes it made since the last two years,” said a ministry official. He said the draft was unilaterally endorsed by the secretary at the Labour Ministry, Suresh Man Shrestha. However, DoFE spokesperson Divash Acharya said the final work approval would be given only if there is a minor variation between the professional details in the pre-approval letter and visa. “As far as I know, the approval won’t be given in case of change in the sponsor, but will be okayed in case of minor change in the profession,” said Acharya.

NAFEA representatives said the decision can end the lengthy processing and technical difficulties. NAFEA Chairman Bal Bahadur Tamang said the change is positive.

M’sia visa fees up

The Malaysian government has increased the visa processing fees for Nepalis going to the Islamic kingdom by six times. Visa seekers will now have to pay Rs 3,900, up from the previous Rs 700. The new fees, which came into effect on November 1, has mostly hit Nepali migrant workers, who are already compelled to pay exhorbitant sums as recruitment charges.

According to manpower entrepreneurs, workers will now have to pay an additional Rs 3,500 for visa processing, including a bank commission of Rs 200. They said the increment in the service charge has come as an additional burden for workers. Though the government has fixed Rs 80,000 as the maximum recruitment charge for workers going to Malaysia, Nepalis often pay much higher due to the overtly agent-centric recruitment process.

Companies have been found to have charged migrant workers as high as Rs 400,000, depending on the nature of the job. Manpower companies said they cannot send even a labourer within the amount set by the government, as they are obliged to pay commission to multiple agents in the country as well as the labour destinations.

Malaysia is the biggest destination for Nepali migrant workers, with around 650,000 of them currently working in the agriculture, industrial, plantation and security sectors.

Published on: 10 November 2013 | The Kathmandu Post