Rights and Responsibilities of Nepali Migrant Workers in the United Arab Emirates

Transcription

1 Rights and Responsibilities of Nepali Migrant Workers in the United Arab Emirates 1. Eligibility for Migration a) The minimum age to take up employment in the UAE 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 the UAE is NPR 70,000. This amount includes visa fees and airfare. The visa fees and airfare for all Nepali workers seeking employment in the UAE 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. Documents/Procedures Necessary 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 the UAE, 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 the UAE. b) The contracts must specify the nature of work, remuneration, and rights and responsibilities of the worker and the employer. c) Contracts have to be in Nepali, English and Arabic. d) Contracts in each of the languages are equally authentic and recognised by the UAE s Ministry of Labour and the courts there. However, the Arabic text prevails in case of a dispute between employers and workers with regard to the contract s provisions. e) The minimum monthly salary of an unskilled Nepali worker in the UAE is AED 800 (around NPR 18,800). f) The minimum monthly salary of a semi-skilled Nepali worker is AED 1000 (around NPR 23,500), AED 1200 (around NPR 28,100) for skilled workers, and AED 5000 (around NPR 117,000) for highly-skilled workers. g) All the workers are either provided food or given a minimum food allowance of AED 300 (around NPR 7000) per month. h) The food allowance for highly-skilled workers is a minimum of AED 500 (around NPR 11,700). i) The maximum working hour is eight hours per day or 48 hours per week. j) Workers are entitled to one day of rest as per the Labour Law of the UAE. k) Workers have the right to extra pay for overtime work. l) Workers have the right to receive end-of-service gratuity once they complete one year of employment according to the Labour Law of the UAE. 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. 6. In the UAE a) Workers can enjoy the rights provided by the Labour Law of the UAE, except if they are employed by the federal government, or are members of the armed forces and the police, domestic workers and agriculture workers (excluding those employed in corporations).

3 b) Nepali workers in the UAE are entitled to facilities of accommodation and medical services. 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 the UAE. e) Workers have the right to transfer their earnings to Nepal. f) Workers must leave the UAE and return to Nepal after the termination of their contracts. g) Workers can only leave the UAE upon being granted an exit permit by their employer. 7. Grievance Redress Mechanisms i) In the UAE a) In case of disputes with employers, workers can file complaints with the Department of Labour in the UAE. b) In case of failure to settle the dispute, the cases are forwarded to the Labour Court. c) Workers in the UAE can seek assistance of the Nepali Embassy in Abu Dhabi 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 the UAE, family members can make a request to the Foreign Employment Promotion Board for repatriation of the body. g) The employer/company has to submit all remaining salary and other due payments to the Nepali Embassy in Abu Dhabi. This is done to ensure that the dues are sent to the family in Nepal along with the body.

4 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 the UAE. i) In case of mutilation during employment in the UAE, 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; Memorandum of Understanding between the Government of Nepal and the Government of United Arab Emirates in the Field of Manpower 2007; Federal Law No. 8 of 1980 Regulating Labour Relations of the UAE (amended by Federal Laws No. 24 of 1981, No.15 of 1985 and No.12 of 1986); Minimum Salary Scale of Workers going to the UAE (notice issued by the Department of Foreign Employment on 4 November 2012); 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, UAE Villa No. 52 (A), E-4/02 Madinat Zayed, Muroor Road (Behind Etihad Airways Building) P. O. Box: Abu Dhabi, UAE Tel No: Fax: info@nepalembassyuae.org

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.