Guidelines to send Nepali labour to Israel as Caregiver, 2011/12 (An unofficial translation)

Transcription

1 Guidelines to send Nepali labour to Israel as Caregiver, 2011/12 (An unofficial translation) Government of Nepal has developed below guideline using its right mentioned on sub-rule 2 of rule 52 of Foreign Employment Regulation, 2006/ Short name and beginning: i. Name of this guideline is Guidelines to send Nepali labours to Israel as Caregiver, 2011/12. This guideline shall be in force from the date the Ministry of Labour and Transport Management approves it. 2. Definition: By subject matter or reference, if no other meaning is implemented in this guideline: a. Act refers to Foreign Employment Act b. Regulation refers to Foreign Employment Regulation c. Ministry refers to Ministry of Labour and Transport Management. d. Department refers to Department of Foreign Employment. e. Agencies refers to recruiting agencies with permission from Department of Foreign Employment. f. Labour refers to Nepali labour going to Israel as Caregiver. g. Contract refers to the contract between labour and the recruiting agency with permission paper as per clause 11 of Foreign Employment Act 2006/07. h. Permission paper refers to the permission paper issued to run recruiting agency as per clause 11 of the Act. 3. Provision relating to publish notice to enlist the Institution: For the enlisting of the recruiting agencies to send caregiver to Israel; as per clause 11 of the Act, Department will call for application issuing a public notice in a national daily newspaper once in a every year from the licensed agencies requesting for detail information as mentioned below a. Name and address of the agency b. Date of registration c. Name and address of agency owners d. Details of the agency who sent labours in the last three years e. Number of labours sent to Israel as caregiver, if the agency has done so f. Documents that explains physical situation, number of staff, record keeping system of the agency 4. Basis for enlisting the agency: Department will enlist the applying agencies as per clause 3 of the Act on the basis of following. This will be published in the national daily newspapers for notification to the public. a. Agencies functioning is not halted

2 b. Agency or the manager has not been punished or have completed punishment concerning misdeeds about foreign employment. c. Not declared disqualified by any law 5. Enlistment fee and provision for renewal: Agencies willing to be enlisted as per this guideline will have to pay enlistment fee as NPR 5,000/year- to the Foreign Employment Welfare Fund. Enlisted agency will have to pay a renewal fee of NPR 2,000/- to Foreign Employment Welfare Fund within the last date of 3 rd month of Nepali calendar to remain in the list of Department. Agency that doesn t renew will be automatically removed from the list. Department will notify about it issuing a notice. 5. Provision on halting agency s work: The work of the enlisted agencies sending Caregiver to Israel will be at halt on the following circumstances: a. When the agency falls under Israel Govt. s penalty list and is under the process of investigation by the Department b. When case against the agency is filed in Foreign Employment Tribunal and is under consideration. c. When the functions are halted following the complaints filed in the Department d. If found breaching code of conduct as per clause 1 of this guideline. 7. Qualification of Nepalese worker wanting to work in Israel: Nepalese workers willing to work as Caregiver in Israel should possess the following qualifications: a. At least 10 th grade passed b. Age over 20 and not exceeding 40 c. Received Caregiver training according to the syllabus from institution authorized by the Foreign Employment Promotion Board d. Trained for at least 120 hours in Hebrew language e. Received orientation training from Foreign Employment Promotion Board 8. Provision of attestation of documents from the Nepalese Embassy: a. The following documents should be attested from the Nepalese Embassy in Israel prior to sending Nepalese worker as Caregiver to Israel. The attested details shall be posted in the Embassy s website and the Embassy shall inform the department regarding this in a timely manner. The department shall give its approval based on the details received from the Embassy. i. Worker demand paper. i iv. Agreement paper between the Institution and employer or person demanding worker. Agreement or contract between worker and employer. Insurance paper covering the contract duration by the employer.

3 v. Letter of Commitment from the employer regarding rescue and transfer of worker to safe place during emergencies. vi. Letter of commitment from the employer regarding non-employment of worker in conflict or other risky areas. b. The Institution authorized to do foreign Employment business shall, itself or by appointing a representative, execute the task of making agreement with the agency in Israel and attesting the related documents from the Nepalese Embassy. A representative, if allocated, should be provided with an identity card; the Nepalese Embassy and the Department should be informed of this. c. No person or Institution except those mentioned in sub-clause b) shall be entitled to collect the Caregiver visa in Israel. 9. Maximum expenses to be borne by worker: a) The Government of Nepal shall fix the maximum service charge and promotional expenses that the Institution sending Nepalese workers for Caregiver work in Israel can charge. The department shall inform this to the concerned stakeholders. b) The Caregiver going to Israel should deposit the allocated service charge and promotional expense amount in the account of the concerned Institution through bank. 10. Procedure for Work permits: Besides the procedure mentioned in the Act and regulations, the Department shall follow the following process while providing final work permit to the Nepalese worker as Caregiver in Israel: a) While providing work permit, the executive head of the Institution or his/her legally authorized representative, and the worker himself/herself should present themselves in the department and sign the contract in the presence of authorized personnel. b) A copy of the voucher proving deposit of promotional expenses and service charge by the worker in the bank account of the Institution, not exceeding the amount fixed by the Government of Nepal, should be presented. c) A copy of Caregiver training certificate obtained from an authorized training institute should be presented. d) A copy of orientation training certificate obtained from the Foreign Employment Promotion Board should be presented. e) A copy of certificate for Hebrew language training of at least 120 hours should be presented.

4 11. Arrangement for monitoring: i. Monitoring Committee as mentioned below will be formed to make Caregiver sending process well managed, respected and secure and for the effective implementation of provisions in this guideline. a. Under Secretary, Ministry of Labour and Transport Management Coordinator b. Director, Department of Foreign Employment Promotion Board c. Representative, IOM d. Official, Representative Ministry of Foreign Affairs d. Director, Department of Foreign Employment Secretary As per the instruction from the Coordinator, representatives from other stakeholder agencies can be invited for the Monitoring Committee meeting. 12. Work, responsibility and right of the Monitoring Committee i. The responsibility, work and rights of the Monitoring committed will be as below: a. Committee will monitor, receive reports regarding the process of sending labours as Caregiver to Israel as well as submit progress report along with the recommendations to the concerned authority and stakeholder agencies. b. Recommend to make the work on this regard well-managed, respected, secure and transparent. c. To recommend the Department to halt the functions of institutions found working against this guideline. Department will initiate the action immediately as per the recommendation and will halt other functions until the action taken as per this provision will be relaxed. d. During monitoring or through any other sources, if any concerned institute is found taking more money than that fixed by the government management expenses charge ; recommend such institutions to the Department to take action against them according to the Act and Regulation. e. Officials including the Coordinator can visit Israel at least once in a year to monitor the labours situation there. Expenses for such visit will be provided from Foreign Employment Promotion Board.

5 f. To provide necessary recommendation to the Ministry against the obstacles that may arise while implementing this guideline Ministry may include concerned official in the monitoring team as and when required in the course of monitoring. 13. Following the code of conduct 1. The enlisted institution should follow the code of conduct (Annex 1) as per this Guideline to send Nepali labour to Israel as a Caregiver. 2. As per the local law of Israel and Qatar, a worker should not work illegally, other than the work specified in the agreement. 14. Amendment and Dismissal The right to amend or dismiss this guideline remains at the discretion of the Ministry of Labour and Transport Management.