Nepal’s Foreign Employment Act Amendment Raises Concerns

Nepal’s Ministry of Youth, Sports and Labour has proposed an amendment to the Foreign Employment Act, 2064, which has been made public for feedback from the general public.

The proposed amendment includes provisions that could make foreign employment safer and more regulated for Nepali workers. However, two key aspects of the amendment – the introduction of a service charge for workers and the handling of foreign employment disputes – have raised concerns among stakeholders.

Service Charge Controversy

The proposed amendment suggests that the service charge, which is currently borne by employers, could be shifted to workers. This move has been criticized as it could increase the financial burden on workers and make them more vulnerable to exploitation.

Nepal had previously introduced a ‘free visa, free ticket’ policy, which was later replaced by a ‘zero-cost’ policy. The proposed amendment could undermine these policies and lead to workers being charged for services that are currently free.

Foreign Employment Dispute Resolution

The proposed amendment also suggests that foreign employment disputes could be handled by the police and district courts, rather than the existing Foreign Employment Tribunal. This move has been criticized as it could lead to delays and increased costs for workers seeking justice.

The Foreign Employment Tribunal was established in 2064 to handle foreign employment disputes, and it has been effective in resolving cases. However, the proposed amendment could undermine its authority and lead to a lack of access to justice for workers.

Experts suggest that instead of abolishing the Foreign Employment Tribunal, the government should focus on strengthening its capacity and increasing access to justice for workers. This could include establishing more tribunals in different parts of the country, providing training to judges and staff, and increasing awareness among workers about their rights.

It is hoped that the government will take into account the concerns of stakeholders and make the necessary amendments to the Foreign Employment Act to protect the rights of Nepali workers.