Rights and Responsibilities of Nepali Migrant Workers in Qatar

Transcription

1 Rights and Responsibilities of Nepali Migrant Workers in Qatar 1. Eligibility for Migration a. The minimum age to take up employment in Qatar is 18 years. b. The age bar for female migrants going to work as domestic helpers is 30 years. c. Application for employment must be made through a licensed recruitment agency. d. Individuals can also go abroad on their own initiative using personal contacts. 2. Service Charges and Payments a) The maximum service charge payable to the recruitment agencies for securing a job in Qatar is NPR 70,000. This amount includes visa fees and airfare. The visa fees and airfare for all Nepali workers seeking employment in Qatar are borne by the employer companies. b) The fee for orientation training is NPR 700. The fee of NPR 700 is reimbursed to female migrant workers by the Foreign Employment Promotion Board upon submission of the receipt of the payment. c) Every migrant worker has to pay NPR 1000 to the Foreign Employment Welfare Fund. 3. Procedures and Necessary Documents for Migration a) Workers have to take a two-day orientation training from a government-recognised institution. b) Workers also have to undergo skill-development training, if required by the employer company. c) Female migrants going as care-givers and housemaids are required to undertake a 21- day-long skill-development training. d) Undergo medical examination from an authorised medical institution. e) Buy life insurance. f) Obtain a labour permit from the Department of Foreign Employment. The documents to be submitted to receive the labour permit are: 1) certificate of orientation training 2) medical report 3) insurance paper 4) receipt of payment of NPR 1000 made to the Foreign Employment Welfare Fund 5) employment contract between the worker and the employer 6) If a migrant worker is going abroad through a recruitment agency, o contract between the worker and recruitment agency o receipt of payment made by the worker to the recruitment agency

2 4. Contract a) Workers have the right to enter into contract with the employer in Qatar, and with recruitment agencies in Nepal if they are going abroad through a recruitment agency. Such contracts have to be in accordance to the Labour Law of Qatar b) Contracts should include the terms of work and rights and responsibilities of both the parties. c) Contracts must specify the employer s obligations regarding the worker s accommodation and medical facilities. d) Contracts have to be in Nepali, English and Arabic. If disputes arise in regard to the contract, the Arabic text prevails. e) If the contracts are concluded in Qatar, they have to be authenticated by the Ministry of Civil Service Affairs and Housing of Qatar and the Nepali Embassy in Doha. f) The Ministry of Labour and Employment of Nepal and the Embassy of Qatar in Nepal, authenticate contracts that are concluded in Nepal. g) The minimum monthly salary of Nepali workers in Qatar is: QAR 900 (around NPR 21,300) for an unskilled worker QAR 1100 (around NPR 26,000) for a semi-skilled worker QAR 1500 (around NPR 35,500) for skilled workers QAR 4200 (around NPR 99,200) for highly-skilled workers h) Workers are either provided food or given a minimum food allowance of QAR 300 (around NPR 7100) per month. i) The food allowance for highly-skilled workers is a minimum of QAR 500 (around NPR 11,800). j) The maximum working hour as per the Labour Law of Qatar is eight hours per day or 44 hours per week. k) Workers are entitled to a weekly paid rest day of not less than 24 consecutive hours. l) Workers have the right to extra pay for overtime work. m) Workers have the right to receive end-of-service gratuity once they complete one year of employment as provided by the Labour Law of Qatar. n) Worker s round-trip travel expenses at the beginning and end of service as well as on leave periods provided in the contract has to be borne by the employer. 5. Departure a) Workers selected for foreign employment by recruitment agencies have to be sent abroad within the specified time or within three months, if not specified. b) Workers have to fly out from the Tribhuwan International Airport in Kathmandu. c) If workers have to fly out via foreign airports for reasons such as unavailability of air tickets, prior permission is required from the Department of Foreign Employment and such workers have to be registered with the immigration office at the point of departure from Nepal. d) Immigration offices are situated at the international airport and major border points.

3 6. In Qatar a) Workers enjoy the rights provided by the Labour Law of Qatar, except if they are employed by the government, are members of the armed forces and the police, or are in casual work and domestic employment. b) Workers are entitled to facilities of food, accommodation, medical expenses, accidental insurance, travel costs to and from work, and other costs the employer has to bear according to the Labour Law of Qatar. c) Workers are not allowed to change their employer/sponsor on their own will unless the employer is proved to be abusive. d) Trade unions and collective bargaining are not allowed in Qatar. It is also prohibited to establish workers committees. e) Workers have the right to transfer their earnings to Nepal. f) Workers must leave Qatar and return to Nepal after the termination of their contracts. g) Workers can only leave Qatar upon being granted an exit permit by their employer. 7. Grievance Redress Mechanisms i) In Qatar a) In case of disputes with the employers, workers can file complaints at the Labour Department in Qatar. b) Nepali workers can seek assistance of the Nepali embassy in Doha in case they face any problems. ii) In Nepal a) In Nepal, workers can file complaints with the Department of Foreign Employment to seek redressal for any irregularities or fraudulences related to foreign employment, including: Carrying out foreign employment business without licence Not sending workers abroad after collecting recruitment fees Different work than agreed upon in the contract or for a lesser remuneration and facilities b) Complaints related to compensation are settled at the Department of Foreign Employment. c) Cases not resolved at the Department of Foreign Employment and cases involving serious crimes are forwarded to the Foreign Employment Tribunal for investigation and prosecution. The Tribunal hears the statement of both the parties and gives its decision. d) The cases are taken up by the Tribunal free of charge on behalf of migrant workers. e) Some civil society organisations also provide free legal aid services to migrant workers. f) In the event of death of a worker in Qatar, family members can make a request to the Foreign Employment Promotion Board for repatriation of the body.

4 g) The employer/company has to submit all remaining salary and other due payments to the Nepali Embassy in Doha. This is done to ensure that the dues are sent to the family in Nepal along with the body. h) The beneficiary (closest relative/right-holder) of the deceased migrant worker can claim compensation of NPR 150,000 from the Foreign Employment Board upon the death of a migrant worker in Qatar. i) In case of mutilation during employment in Qatar, workers can claim compensation up to NPR 150,000 from the Foreign Employment Board. j) Workers or their families can claim an insurance of NPR 500,000 for the death or physical mutilation of workers during the contract period from the insurance company in Nepal that has insured the worker. This legal brief is prepared by Amrita Limbu of the Centre for the Study of Labour and Mobility. Source: Nepal s Foreign Employment Act 2007; Foreign Employment Rules 2008; Agreement between His Majesty s Government of Nepal and the Government of the State of Qatar Concerning Nepalese Manpower Employment in the State of Qatar 2005; The Labour Law of Qatar (Law 14 of the Year 2004); Minimum Salary Scale of Workers going to Qatar (notice issued by the Ministry of Labour and Employment on 21 January 2013); and Expenses for Foreign Employment (information made available in the Foreign Employment Promotion Board s website). Useful Contacts Department of Foreign Employment Tinkune, Kathmandu Phone: (Hotline), Fax: info@dofe.gov.np Foreign Employment Promotion Board Anamnagar, Kathmandu Toll Free No Phone: , info@fepb.gov.np Embassy of Nepal, Qatar Villa No. 13, Street No , Ibne Bajah, Doha Qatar Post Box No.: Tel No.: , Fax: nembdoha@gmail.com

5 Centre for the Study of Labour and Mobility (CESLAM) Social Science Baha, 110 Ramchandra Marg, Battisputali, Kathmandu - 9, Nepal Tel: Fax: info@ceslam.org We would like to thank the Foreign Employment Promotion Board, Anamnagar, Kathmandu and Som Luitel, President of People Forum for Human Rights for review of this legal brief.