Nepal
FOREIGN EMPLOYMENT ACT,
2042 (1985)
Date of Royal Seal and Publication
2042/7/14/4
Act No. 26 of the year 2042
Foreign Employment (First Amendment) Act, 2049
(1992)
An Act made to provide for the matters relating foreign
employment:
Preamble:
Whereas it is expedient to control and manage as well
as to
maintain economic interests and conveniences of the
general
public.
Now, therefore, His Majesty's King Birendra Bir Bikram
Shah
Dev has made this Act on the advice and with the
consist of
the National Panchayat.
(1) Short Title and Commencement:
(1) This Act may be called the "Foreign
Employment Act,
2042 (1985)".
(2) This Act shall come into force on such date
as His
Majesty's Government may,
by notification published in
the Nepal Gazette,
prescribe
(2) Definitions:
Unless the subject or context otherwise requires, in
this
Act :-
(a) "Worker" means a Nepali Citizen
employed in accordance
with this Act in a
foreign country specified in the
notification published by
His Majesty's Government.
(b) "Foreign Employment" means the
employment to be
obtained by a worker to
aboard.
(c) "Foreign Employment Enterprises"
means the Act or
providing foreign
employment to Nepali citizens and
the meaning of this
expression also includes the
solecion act of workers
by the representative of
employment providing or
cause to be given institution.
(d) "Licence-holder" means the
institution obtaining the
licence pursuant to
section 6.
(e) "Employment Providing Institution"
means the
institution providing
foreign employment to workers.
(e1)
"Association" means any association established
under prevailing laws having industrial,
commercial or service conducting purpose.
(e2)
"Department" means the Department of Labour of
His Majesty's Government.
(f) "Prescribed" or "As
prescribed" means prescribed or as
prescribed in Rules
framed under this Act.
(3) Restriction to operate Foreign Employment Enterprises
without Licence:
No one shall be entitled to operate Foreign Employment
Enterprise without obtaining licence under this Act.
(4) Countries relating to Enterprising to be prescribed:
Operation of Foreign Employment Enterprise under this
Act
shall be permitted only in the foreign countries
specified
in the notification published in the Nepal Gazette by
His
Majesty's Government.
(5) Licence not to be issued except for Institution:
Except for institution established under the existing
laws,
no licence shall be issued for the operation of Foreign
Employment Enterprise.
(5a) Ownership and liability of the Association:
Notwithstanding anything contained in the prevailing
laws,
the Association conducting the foreign employment can
not
transfer or alter its ownership or liability without
the
prior approval of His Majesty's Government.
(6) Licence:
(1) Institution intending to operating Foreign
Employment
Enterprise shall have to
submit an application with
prescribed particulars to
His Majesty's Government.
(2) His majesty's Government may issue licence
with
conditions after
receiving prescribed fee and the
deposit pursuant to
Section 8 from such institution if
the institution applying
for licence in accordance
with Sub-section (1) is
deemed compitent and fit to
operate Foreign
Employment Enterprise.
(3) The licence issued pursuant to Sub-section
(2) shall
have to be renewed by the
licence-holder in each
financial year by paying
fee as prescribed.
(7) Licence may be cancelled:
His Majesty's Government may order to cancel the
licence if
the licence-holder fails to, abide by the conditions or
fails to abide this Act or the Rules, Orders or
Directives
issued under this Act.
(8) Deposit to be kept:
(1) Institution intending to obtain licence
pursuant to
Section 6 shall have to
deposit prescribed amount of
money to His Majesty's
Government before obtaining the
licence.
(2) His Majesty's Government may, as necessary
order to
deposit additional
deposit, if the licence obtained by
depositing the deposit
pursuant to Sub-section (1) is
found to be
proportionately insufficient to the
transaction of the
licence-holder. The licence shall
be cancelled if the
additional deposited within the
prescribed period.
(9) Prior permission to be obtained:
(1) In order to select workers for foreign
employment the
licence-holder shall have
to obtain prior permission
of His Majesty's
Government and for such permission an
application with the
following particulars shall have
to be submitted :-
(a) Name and
address of the employment providing
institution.
(b) Type of foreign
employment.
(c) Copy of the
agreement entered into between the
employment providing institution and licence-
holder regarding sending of workers aboard.
(d) Copy of the
contract to be entered into between
the employment providing institution and the
worker.
(e) Others
particulars as prescribed.
(2) His Majesty's Government shall not provided
permission
for selecting workers if
the particulars submitted
pursuant to Sub-section
(1), when scrutinised show the
followings :-
(a) If the person
with the qualification demanded by
the employment providing institution is required
for the economic development of Nepal,
(b) If the proposed
foreign employment is to
regularized by the laws of the concerned country,
(c) If the
services, terms and facilities are found
unsatisfactory in proportion to the qualification
demanded by the employment providing institution,
(d) If the proposed
foreign employment is against the
value, dignity or health of the worker, or
(e) If other
condition as prescribed are found.
(10) Advertisement:
After obtained permission of His Majesty's Government
pursuant to Section 9 the licence-holder shall have to
advertise publicly with particulars as prescribed for
the
selection of workers.
(11) Selection of Worker:
(1) Selection of worker shall have to be done
impartially.
(2) The licence-holder while selection worker
shall have
to include the
representative of His Majesty's
Government and the
representative of foreign
employment providing
institution, if such institution
wants to be included in
the selection.
(3) The description alongwith the name list of
the
selected labours shall be
submitted to the concerned
authority within seven
days from the date of selection
of the labour under
Sub-section (1).
(4) The labours selected under Sub-section (1)
shall be
sent for foreign
employment within four months from
the date of selection.
His Majesty's Government may
extend the period upto
two times not exceeding 15 days
at one time, if there is
reasonable cause of being
failure to send the
labours within the given period.
(5) In case of failure to send the selected
labours within
the period mentioned in
Sub-section (4), the concerned
agency shall pay back the
amount received from such
labours and the interest
thereof at the rate of 18
percent within fifteen
days.
(12) Control in providing Foreign Employment:
Notwithstanding anything mentioned elsewhere in this
Act,
the licence-holder shall not foreign employment to
children
and to women without the consent of her guardian.
(13) Service Charge:
The licence-holder is allowed to take service charge as
prescribed for providing foreign employment.
(14) Contract relating to Foreign Employment:
(1) The licence-holder shall have to explain in
the
language understood by
the worker the full content of
the contract and the
facilities to be obtained from it
as well as the
consequence thereto, before the
conclusion of contract
between the worker and
employment providing
institution.
(2) Only if the worker agrees to the contract
explained
fully to him pursuant to
Sub-section (1), one copy of
such contract shall have
to be provided each to the
worker and His Majesty's
Government after the contract
has been signed by both
the parties and the contract.
(3) The contract to be entered into between the
worker and
employment providing
institution shall not differ from
the contract submitted by
the licence-holder pursuant
to clause (d) of
Sub-section (1) of Section 9.
(4) His Majesty's Government may give permission
to the
licence-holder to send
worker abroad for foreign
employment after
receiving the contract pursuant to
Sub-section (2).
(16) Information on the Subject of the Country to be visited for
Foreign Employment to be given:
After obtaining licence pursuant to Sub-section (4) of
section 14, the licence-holder shall inform the worker
to
be sent for foreign employment about the geographical
location, culture, labour law as well as economic,
political and social conditions of the concerned
country.
Without giving such information no worker shall be sent
for
foreign employment.
(17) Record to be kept:
The licence-holder shall keep upto date record of the
worker sent for foreign employment as prescribed.
(18) Provision relating to worker's income:
The licence-holder shall make arrangement to deposit
prescribed amount of money from the income of the
workers
at prescribed place or send to his home country in the
prescribed way, for the welfare or maintenance of the
workers and their dependents.
(19) Investigation to be done:
(1) His Majesty's Government may investigate or
cause to
be investigated if the
worker files a complaint
regarding the employment
providing institution, which
has not fulfilled its
contract responsibility or the
licence-holder who has
not taken necessary and
appropriate action to
make the contract conditions
fulfilled.
(2) From the investigation conducted pursuant to
Sub-
section (1) if it has
been found necessary to call the
concerned worker back
home, His Majesty's Government
may order the licence-holder
to provide necessary
amount of money for the
return of such worker.
(3) In case the licence-holder does not abide by
the order
of His Majesty's
Government pursuant to Sub-section
(2) the return fare of
the worker shall be met from
the deposit of the
licence-holder deposited pursuant
to Section 8. The concern
licence-holder shall be
informed as soon as
possible to reimburse the amount
borne as expenditure from
the deposit and the licence-
holder shall deposit that
amount within fifteen days
of receiving notice.
(4) In case the amount deposited under Section 8
is
insufficient to return
back the labours to the native
country the licence-holder
shall pay the due
expenditure within the
time notified by His Majesty's
Government and if such
amount is not paid within the
time limit it shall be
realised with pursuant to
prevailing laws from the
assets of the licence-holder.
(19) Inspection:
His Majesty's Government may inspect documents and
other
concerned papers kept by the licence-holder regarding
the
compliance of this Act and the Rules framedoor Orders
or
Directives issued under this Act.
(20) Power to Direct:
(1) His Majesty's Government may, from time to
time issue
necessary directions to
the licence-holder concerning
foreign employment.
(2) It shall be the duty of the licence-holder to
abide by
the direction, given
pursuant to Sub-section (1).
(21) Special Power of His Majesty's Government:
Notwithstanding anything mentioned elsewhere in this
Act,
in special situation His Majesty's Government may, at
any
time cancel the licence provided under this Act.
(22) Advisory Committee:
An advisory committee shall be constituted as
prescribed to
advise His Majesty's Government concerning foreign
employment.
(23) No Restriction to go in Personal Capacity:
Nothing mentioned in this Act shall be considered to
restrict anyone going for work in any foreign country
after
obtaining work permit.
Provided that the person going so shall notify to the
Department explaining the details of the country of
destination, nature of job and conditions and
facilities of
the employment.
(24) Punishment:
(1) His Majesty's Government may fine a sum of
rupees five
thousand to rupees fifty
thousand to the licence-
holder who do not follow
the provisions of this Act or
rule, order or direction
issued under this Act.
(2) If someone conducts foreign employment
business
without obtaining a
licence under this Act or sends
anybody abroad by
providing false assurance or
attraction by explaining
that such person was sent for
foreign employment or
takes any money on such
pretence, the money so
taken and eighteen percent of
interest to that amount
and the two way expenses such
person shall be
reimbursed by the person sending him
and the same shall be
punished with a fine of rupees
fifty thousand to two
lakh or imprisonment of one year
to five years or both. If
such person has not been
sent abroad half of the
above mentioned punishment
shall be made.
(3) Any person knowingly or maliciously, if
conceals,
changes or falsifies
facts of any documents, reports,
audit to particulars to
be kept, prepared, or
submitted under this Act
or attempt to do such things
such person shall be
liable to a fine of rupees twenty
five thousand to one lakh
or imprisonment of six
months to three years.
(4) The licence of the licence-holder who has
been liable
for punishment for
offence proved, shall be cancelled
and the offender punished
in accordance with Sub-
section (2) and (3) shall
not be provided another
licence.
(5) Person being abetter in the offence under
this Act or
conspiring to commit such
offence shall be liable to
half of the punishment of
the offence if such offence
was committed and such
offender shall not be given any
licence for conducting
foreign employment business.
(25) His Majesty's Government to be the Plaintiff:
His Majesty's Government shall be the plaintiff in
cases
under this Act and the cases under this Act shall be
deemed
to be included in Schedule 1 of State Cases Act, 2017.
(26) Delegation of Power:
His Majesty's Government may delegate some or all of
the
power conferred upon it by this Act to any official by
notification published in the Nepal Gazette.
(27) Power to Frame Rules:
(1) His Majesty's Government may frame rules to
carry out
the objectives of this
Act.
(2) Without prejudice to the power conferred by
Sub-
section (1) such rules
may provide for the following:-
(a) Particulars to
be given in the application to be
submitted for licence.
(b) Qualification
of institution needed to operate
Foreign Employment Enterprise.
(c) Format of the
licence, fee and renewal fee.
(d) Conditions to
be kept in the licence.
(e) Procedure for
cancellation and conditions of
cancellation of the licence.
(f) Particulars to
be given in the application for
permission to select workers.
(g) Particulars to
be mentioned in the advertisement
by licence-holder.
(h) Provision
relating to service charge.
(i) Conditions to
be mentioned in the contract
relating to foreign employment.
(j) Provision
relating to the functioning of office
of the institution operating Foreign Employment
Enterprise.
(k) Investigation
procedure relating to the complaint
of worker.
(l) Procedure and
provision for returning workers to
their homes.
(m) Procedure
relating to inspection.
The International Labour Organization is a United Nations specialized agency.