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Foreign Employment Act, 2064 (2007)

Date of Authentication and Publication 2064-05-19 (September 5, 2007) Act number 18 of the year 2064 (2007) An Act Made to Amend and Consolidate Laws Relating to Foreign Employment Preamble: Whereas, it is expedient to amend and consolidate laws relating to foreign employment in order to make foreign employment business safe, managed and decent and protect the rights and interests of the workers who go for foreign employment and the foreign employment entrepreneurs, while promoting that business; Now, therefore, be it enacted by the Legislature-Parliament. Chapter-1  Preliminary 1. Short title, extension and commencement: (1) This Act may be called "Foreign Employment Act, 2064 (2007)". (2) It shall extend throughout Nepal and also apply to one who stays outside Nepal and commits any act contrary to this Act. (3) This Act shall into force immediately. 2. Definitions: Unless the subject or context otherwise requires in this Act,- (a) "Foreign employment" means employment which a worker gets abroad. (b) "Worker" means a citizen of Nepal who gets in foreign employment. 

 

"Foreign employment business" means a business carried on to provide employment to citizen of Nepal in abroad. (d) "Department" means the Department of Foreign Employment. (e) "Institution" means an institution established under the prevailing Companies Act to carry on the foreign employment business. (f) "License" means a license granted under Section 11 to carry on the foreign employment business. (g) "Licensee" means an institution having obtained license pursuant to Section 11. (h) "Service charge" means a sum of money charged by a foreign employment entrepreneur for sending a worker abroad. (i) "Executive Director" means the Executive Director as referred to in Section 41. (j) "Employer institution" means an abroad based institution providing a worker with employment in abroad. (k) "Board" means the Foreign Employment Promotion Board constituted pursuant to Section 38. (l) "Labor Attaché" means the labor attaché appointed pursuant to Section 68, and this term also includes an officer employee, in an abroad-based diplomatic mission, entrusted with the responsibility for the promotion of the interests of Nepalese workers. (m) "Prescribed" or "As prescribed" means prescribed or as prescribed in the Rules framed under this Act. 3

 

Chapter-2  Provisions Relating Foreign Employment 3. Specification of countries for carrying on foreign employment business:(1) The Government of Nepal shall, by a notification in the Nepal Gazette, specify countries for carrying on the foreign employment business. (2) Out of the countries specified pursuant to Sub-section (1), the Government of Nepal may prohibit the carrying on of the foreign employment business in any country and suspend such business for a certain period. 4. Power to make bilateral agreement: The Government of Nepal may make a bilateral labor agreement with a foreign country where the citizens of Nepal have gone or may go for foreign  employment. 5. Selection of institution: (1) If any foreign country or employer institution makes a request to the Government of Nepal to select and send workers, the Government of Nepal may select any licensee institution through open competition and send workers through such institution. (2) The Department shall demand additional cash deposit or bank guarantee from the institution selected pursuant to Sub-section (1). (3) The grounds and procedures for the selection of institution pursuant to Sub-section (1) shall be as prescribed.

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