Emigration of Indian workers seeking
employment in 17 Emigration Check Required (ECR) notified countries is
regulated under the Emigration Act, 1983.
Despite the existing framework to facilitate legal migration and the
efforts made by the Government to prevent irregular migration, complaints
regarding fraudulent offers of overseas employment and cheating of job seekers
are received by the Ministry from time to time.
Such complaints include fraudulent advertisements for jobs abroad, fake
recruitments for non-existing employers or for foreign employers who never
authorized the agents, thus rendering the workers without jobs; and offers of
exaggerated benefits to lure job seekers.
These complaints are received against registered Recruiting Agents,
unauthorized intermediaries as well as some Foreign Employers. The details of the complaints received
against unregistered agents during the last four years and the current year
ending July, 2012 are given below:
Year
|
No. of com-plaints
|
Prosecution
Sanction issued
|
Cases referred to State Government
/POE for action
|
2008
|
93
|
56
|
37
|
2009
|
136
|
14
|
136
|
2010
|
166
|
10
|
166
|
2011
|
225
|
9
|
225
|
2012
(31stJuly)
|
183
|
10
|
171
|
The Government has taken steps to
monitor and regulate the emigration of Indian workers, to reform and simplify
the emigration process and to prevent illegal emigration. These, inter-alia,
include the following: -
(I) Emigration Check Required (ECR)
passport holders need to obtain clearance from any of the 9 POE offices located
at Delhi, Mumbai, Chennai, Hyderabad,
Trivandrum, Jaipur, Cochin,
Kolkata and Chandigarh
before emigrating for overseas employment to any of the 17 ECR notified
countries.
(II)
The Ministry has amended the Rules vide Emigration (Amendment) Rules
2009 on 9th July, 2009. The important changes are as under:
·
The
amount of security to be furnished by the Recruiting Agent (RA) in the form of
Bank Guarantee has been increased to twenty lakh rupees for all, in place of
the three earlier categories, on the basis of the number of workers to be
recruited by the RA.
·
The application fee for Registration
Certificate has been increased from Rupees Five thousand to Twenty five
thousand rupees.
· In
order to obtain a Permit for direct recruitment of workers from India, the
Foreign Employer will have to furnish a Bank Guarantee of Ten thousand rupees
per worker subject to a minimum of One lakh rupees and a maximum of Twenty lakh
rupees, valid for a period of one year over and above the duration of the
employment contract.
·
The recruiting agents have been
entrusted with specific duties and responsibilities with a view to safeguarding
the interests of the emigrant workers.
They will also have to maintain certain basic facilities.
(III) A National
Awareness-cum-Publicity campaign is undertaken from time to time to create
wider awareness among the general public and particularly among the potential
migrants on the risks of illegal migration and safeguards against illegal
practices by unauthorized intermediaries and fraudulent recruiting agencies.
(IV) The Government has constituted a
high level Core-Group to lead and monitor action for combating and preventing
irregular migration. The Core-Group is headed by Secretary, MOIA and has
representatives from the relevant central Ministries and State Governments. The
Core-Group has circulated a template amongst state governments to formulate
action plans against irregular migration from their states.
(V) An Overseas Workers Resource Centre
(OWRC) has been established which runs a 24x7 helpline in 8 languages to
provide information and guidance to emigrants.
(VI) Migrant Resources Centres have been established
in Cochin, Hyderabad and Panchkula,
Haryana for information dissemination and counselling of potential migrants.
(VII) An Indian Workers Resource Centre (IWRC)
has been established in UAE.
(VIII) The Ministry has been holding
annual consultation with the major states of origin to ensure better
coordination and enforcement of various provisions of Rules and Regulations.
(IX)
Attestation of work contracts by the Indian mission concerned has been
made mandatory in all cases of women workers holding ECR passports, emigrating to ECR countries.
(X)
Whenever a complaint is received against a registered Recruiting Agent
about cheating or exploitation of an emigrant, action is initiated for
suspension or cancellation of the registration certificate of the recruiting
agent. If the recruiting agent indulges in forgery of documents he is also
prosecuted through the state police. Complaints against illegal agents are
referred to the state police for prosecuting them. If there is a complaint
against an employer about exploitation of the worker, proceedings for
blacklisting of the employer are initiated.
(XI)
The Ministry has signed bilateral labour MoUs
with all the GCC countries (except Saudi Arabia)
and with Jordan and Malaysia to enhance bilateral
cooperation in the management of migration. Joint Working Groups have been
constituted under these MoUs that meet regularly to
resolve labour issues.
This information was given by the Minister of Overseas Indian Affairs, Shri Vayalar Ravi in a written reply in the Rajya Sabha today.
PKM/DB