Nepal Association of Foreign Employment Agencies (NAFEA) Code of Conduct (November 9, 2005)
1. Name and Comment:
1.1 The name of this Code of Conduct will be Nepal Association of Foreign Employment Agencies (NAFEA) Code of Conduct B.S.2062 (2005). 1.2 This Code of Conduct will commence from the date of endorsement by the Special Assembly of NAFEA. 2. Definition:
2.1 Association refers to Nepal Association of Foreign Employment Agencies (NAFEA).
2.2 Discipline Committee refers to committee including experts nominated by association under Article 7.
2.3 Worker refers to Nepalese citizen employed in foreign Country.
2.4 Recruiting Agencies refers to Foreign Employment Recruiting Agencies.
2.5 Law refers to Foreign Employment Act 2042 B.S. (1985), Foreign Employment Regulation B.S.2056 (1999) and law of Nepal.
3. NAFEA Code of Conduct: Foreign Employment Recruiting Agencies should strictly follow Code of Conduct detailed below:
3.1 Should not involve in any form of foreign employment work that is harmful to the nation.
3.2 Protection and promotion of common good should be given high priority while undertaking foreign employment. The Recruiting Agencies should not do any work that affects social values; dignity and principle of common people and uphold these principles.
3.3 Should not misuse political position in recruiting activities.
3.4 Shows respect towards the worker going for foreign employment and the members of their family.
3.5 Solve the conflict arising in enterprise through mutual discussion in a peaceful way.
3.6 Worker being sent on foreign employment should not be sent without making foreign employment agreement.
3.7 Recruiting Agencies should encourage toward transparency of their enterprises. They should maintain transparency in the service charge and promotion expenditure and keep a record of each transaction.
3.8 Should not do any immoral, illegal or unhealthy competition for money or position.
3.9 The workers should be provided with maximum benefit. There should not be unhealthy competition in give-take of commission resulting in additional expenditure of the workers. 3.10 There should not be any enmity, ill feelings and jealousy among the entrepreneurs.
3.11 Should see that workers are benefited by conducting their work within the allotted time.
3.12 The workers going on foreign employment should be made clear about the expenses like service charge, air charge, promotional expenditure and other expenses.
3.13 Workers should not be sent for doing odd jobs, works that have adverse affect on to the health of the workers or works in which the worker is discriminated, suppressed or humiliated.
3.14 Worker should be given required training before being sent on foreign employment, on demand, trained workers should be chosen for foreign employment.
3.15 Establish database
3.16 The worker going on foreign employment should be made well aware about the country's politics, geography, labour law, weather condition, service conditions and facilities that include salary, work hour, over time payment etc.
3.17 There should be no discrimination on the basis of caste, creed, gender, race or sex in the process of selection of workers.
3.18 While sending workers on foreign employment preference and possible facilities should provide to women, persons from ethnic community and tribes, and other backward community.
3.19 Should be aware of national and international labour standards and follow them accordingly.
3.20 Should actively participate in social movements. Should collectively render help if any problem arises to any of the recruiting agencies.
3.21 Selection of the worker should be fair regardless of caste, creed, gender, etc.
3.22 Register and record of the details of the workers should be maintained. In case of accident, death or in cases where worker is sent back without any genuine cause, their family should be provided with possible support through NAFEA or any social organizations. 3.23 It is the prime duty of the Recruiting Agency to collect information whether the worker sent for foreign employment has got the assigned job in the company or not.
3.24 Worker should be encouraged to send money through bank procedures.
3.25 Should not in any way violate the rules and regulation and law of the country.
3.26 Legal procedures should not be misused. Corruption in work should be discouraged.
3.27 It should be immediately notified to the concerned association if any female worker or children have been used or trafficked or are bonded labour.
3.28 Foreign Employment Welfare Fund should be established for the welfare of the worker and his family. Individual donation and donations by association should be encouraged for welfare of the workers.
3.29 Should strictly follow the instructions of His Majesty's Government and of the association.
3.30 Every year "Award" should be given to encourage Recruiting Agencies
3.31 Possible economic and social programme can be conducted in the district that has maximum number of workers on foreign employment.
3.32 Conduct various social programmes like blood donation, distribution of fruits and sweets to poor, handicapped, children and elders to maintain social prestige in the society.
3.33 Render possible help through NAFEA by providing education and developing skill of the workers family.
3.34 Organize and conduct educational and communication programmers related to safe foreign employment from time to time.
3.35 Appoint Representative according to the need of the company and monitor his/her work according to the rules of the Recruiting Agency. If the Representative involves in any illegal work or works against the rules of the Recruiting Agency, it should be notified to all other Recruiting Agencies.
3.36 Should maintain record of Staff, their qualification, appointment, terms and conditions of service and office management.
3.37 Follow code of conduct and encourage others to follow it accordingly.
Complaints can be made before the Association if any Recruiting Agency has violated their professional code of conduct.
4.1 In the process of investigation against the complaints, Discipline Committee can ask for details and documents for further investigation.
4.2 Rs. 100 should be attached along with the complaint paper mentioning the violated rule of the code of conduct by the Recruiting Agency and all possible proofs should be documented.
5. Maintain Secrecy: NAFEA or the concerned Committee should keep the name of the person who has filed complaint should be kept confidential until the investigation process is complete.
6. Investigation: NAFEA should follow the procedures outlined before penalizing the Recruiting Agency violating the Code of Conduct.
6.1 Investigate whether it is necessary to take action against the Recruiting Agency (Accused) against whom the complaint has been filed in the Committee.
6.2 According to Article 1, the Recruiting Agency (Accused) against whom action is to be taken should be given opportunity to prove innocence.
6.3 According to Article 2, while giving opportunity to prove innocence to the Accused, the basis of being accused and the possible punishment for violating the CoD should all be mentioned.
7. Discipline Committee: In order to investigate the matter filed in the Association, a committee of following members will be formed by the Discipline Committee:
a) One of the Vice Presidents selected by the Association - Chairperson
b) Advocate of the Association - Member
c) General Secretary or Secretary selected by the Association Member - Secretary
Any expert in the given field may be invited to give valuable suggestion but s/he will not possess voting rights.
8. Punishment: If any Recruiting Agency has violated Code of Conduct under Article 3, then he can be penalized in the following ways:
8.1 May be warned in verbal or through written statement
8.2 Observing the seriousness of the case the Accused can be suspended from being the member of the Association for one year.
8.3 Observing the nature of the case, Department of Labour and concerned Diplomatic mission should be notified. General public should be notified through national newspapers not to avail the service of the concerned Recruiting Agency for foreign employment.
8.4 If any person has suffered loss because of the violation of the Code of Conduct, then steps should be taken to compensate their loss.
9. Time period for filing Complaint: The complaint should be filed with the Association within 35 days of knowledge of the violation.