FAQ - Documents for Recruitment Labour & Community Welfare

FAQ - Documents for Recruitment

If the Recruitment is through Recruitment Agent in India

    1. Coliy of Visa
    2. Demand Letter (original and one lihotocoliy)
    3. Power of Attorney in the name of Recruitment Agent (original and one lihotocoliy)
    4. Emliloyment Agreement (seliarate agreement for each category and Sliecimen agreement in the case of block visa) (original and one lihotocoliy)
    5. Photocoliy of the Letter addressed to Embassy of India, Doha

    Note:- The documents at Serial 2, 3 and 4 above are to be duly attested by the Ministry of Labour and Ministry of Foreign Affairs, before their submission to the Embassy of India.

If the Recruitment is done directly by the Qatari Employer

    1. Copy of Visa
    2. Application for a Permit for Recruitment (original and one photocopy)
    3. Emigration Application Form (original and one photocopy)
    4. Employment Agreement (separate agreement for each category and Specimen agreement in the case of block visa) (original and one photocopy)
    5. Photocopy of the Letter addressed to Embassy of India, Doha
    6. The minimum wages/salaries of Indian nationals seeking employment in the State of Qatar. Click Here

    Note:- The documents at Serial 2, 3 and 4 above are to be duly attested by the Ministry of Labour and Ministry of Foreign Affairs, before their submission to the Embassy of India.

FAQ - Complaints against Recruiting Agents

Q: My Recruiting Agent misguided me about work conditions relating to my job abroad. My contract also does not appear to reflect what I was told by him. He also charged me an exorbitant amount for getting me this job. What should I do?
A:

    You can lodge a complaint with the office of the Protector General of Emigrants (pge@mea.gov.in), providing details of your Recruiting Agent. You can also get in touch with the Indian Embassy/Consulate or register your grievance on the MADAD Portal (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance at (+91 – 124 – 4420215).

Q: My Recruiting Agent promised me a job visa for a foreign country, but he is saying I should first go there on a tourist visa and he will get it converted into a work visa later. Should I accept this and go ahead?
A:

    This is not advisable and can possibly land you in trouble. You can lodge a complaint with the office of the Protector General of Emigrants (pge@mea.gov.in), providing details of your Recruiting Agent. You can also get in touch with the Indian Embassy/Consulate or register your grievance on the MADAD Portal – (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: Where to check whether the Recruiting Agent is registered with the Government or not?
A:

    Always deal with a registered Recruiting Agent. Only then will your rights be protected. Whether a Recruiting Agent is registered or not can be checked on the E-migrate portal (https://emigrate.gov.in ).

Q: A Recruiting Agent fraudulently sent my daughter abroad by lying to us about her working conditions. Now she is facing problems there. When we asked the Agent, he is threatening us. What should we do?
A:

    You can lodge a complaint with the office of the Protector General of Emigrants (pge@mea.gov.in), providing details of your Passport and your Recruiting Agent. You can also get in touch with the Indian Embassy/Consulate or register your grievance on the MADAD Portal (www.madad.gov.in) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: The Recruiting Agent is charging a very high fee for providing services. How do I find out if the rates are reasonable? Are there any prescribed rates?
A:

    These details can be obtained by emailing the Protector General of Emigrants at pge@mea.gov.in. You can also call the Overseas Workers Resource Centre (OWRC) or approach one of our Migrant Resource Centres for assistance. As per current guidelines issued by the Protector General of Emigrants (PGE), service charges of Recruiting Agents cannot be more than Rs. 20,000 per emigrant. Do not deal with unregistered recruiting agents. This can be verified by asking for the License Number of the agent and noting it down for verification from the PGE office.

Q: The Recruiting Agent is charging a very high fee for providing services. How do I find out if the rates are reasonable? Are there any prescribed rates?
A:

    These details can be obtained by emailing the Protector General of Emigrants at pge@mea.gov.in. You can also call the Overseas Workers Resource Centre (OWRC) or approach one of our Migrant Resource Centres for assistance. As per current guidelines issued by the Protector General of Emigrants (PGE), service charges of Recruiting Agents cannot be more than Rs. 20,000 per emigrant. Do not deal with unregistered recruiting agents. This can be verified by asking for the License Number of the agent and noting it down for verification from the PGE office.

FAQ - Working Abroad

Q: Can the Indian Embassy help me in claiming my dues (salary/compensation/insurance, etc.) after my return to India?
A:

    Yes, this is possible. You can approach the Embassy/Consulate along with all supporting documents to enable them take up your case and follow up with the employer/sponsor or the labour Ministry to claim your dues. You can also register your complaint/grievance on the MADAD portal (www.madad.gov.in) or make a complaint against your Recruiting Agent (RA) on the e-Migrate portal. (https://emigrate.gov.in ). Once the claim is processed, the amount will be sent to you as per procedure.

Q: What documents are required for registering my grievance regarding my repatriation at the Indian Embassy/Consulate or on the MADAD Portal?
A:

    A copy of the valid Indian Passport along with the relevant visa pages, a copy of the employment contract, and the contact details of the Recruiting Agent and the Employer/Sponsor abroad. It will also be useful to provide details of a close friend/relative in India, to help contact in the event of an emergency. A brief description of your grievance would also be required.

Q: What is Pravasi Bhartiya Bhima Yojana(PBBY)? What are the services covered under it?
A:

    The PBBY is a mandatory insurance scheme for all ECR category workers going to ECR notified countries. It provides coverage against accident, death and permanent disability for the insured person. The maximum sum insured under the Policy is Rs. 10 lakhs. The scheme also provides limited coverage towards hospitalization, transportation cost of mortal remains based on actuals, repatriation cover for medically unfit persons, family hospitalization in India, maternity, attendants and legal expenses. Efforts are underway to expand the scope and coverage of the scheme.

Q: I had signed a two-year employment contract with my employer but want to return to India before its completion. Do I need to pay back the cost incurred on my employment (for agent/visa/travel/medical tests etc.)?
A:

    Usually, there is a clause in the contract that deals with this possibility. This would normally apply. Even where there is no such clause, it is likely that the employer may ask you to refund the cost incurred on recruiting you and bringing you to that country for employment. (towards the agent/visa/travel/medical tests, etc). The amount involved would depend on how much of the contract period you have already completed. In cases where your employer does not agree to your request, you can approach the local labour court to waive that amount or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) for follow up by the Embassy/Consulate.

Q: I do not have a proper contract with the employer. What should I do?
A:

    It is necessary to sign a proper contract for your work, to be able to adequately protect your rights. Only a contract will help you defend your interests in the event of a dispute leading to a case at a local labour court. Therefore, you should always sign a contract before accepting a job.

Q: The employer has extended my contract without my consent. What should I do?
A:

    The employer is not allowed to extend the contract without your consent. If the employer has done so, you can lodge a complaint at the local labour court. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) for assistance from the Embassy.

Q: Is it okay if the employment contract is signed only by me (only one party?
A:

    No. A valid contract should be signed by both parties to be able to protect their respective rights. Unless the contract is signed by both, you will not be able to defend your interests in a labour court or in any other forum. Please ensure before you leave India that you have a proper contract signed by you and your employer.

Q: My employer has not paid my salary/dues and is also not sending me back to India. What should I do?
A:

    You need to lodge a complaint with the local labour office or the Labour Dispute Settlement Committee. They normally intervene to resolve such problems. In cases where you do not get a reasonable solution, you can request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: The employer/sponsor is violating the work contract signed with me; a) If I go to a local court, will the Indian Embassy/ Government help me? b) Can the Embassy hire a lawyer for me?
A:

    You need to file your case yourself or with the help of an attorney to be appointed by you. The Indian Embassy/Consulate can provide you an interpreter/translator to assist you in court proceedings, if required.

Q: The employer/sponsor is violating the work contract signed with me; a) If I go to a local court, will the Indian Embassy/ Government help me? b) Can the Embassy hire a lawyer for me?
A:

  • You need to file your case yourself or with the help of an attorney to be appointed by you. The Indian Embassy/Consulate can provide you an interpreter/translator to assist you in court proceedings, if required.
  • In cases where you need legal assistance, you may approach the Indian Embassy/Consulate. Initial legal assistance can be provided in deserving cases, where other options have been exhausted.
Q: Where should I lodge a complaint if have been subjected to physical abuse by my employer/ sponsor?
A:

    Wherever you are a victim of physical abuse by your employer/sponsor, and you have proof of such abuse, you should lodge a complaint with the local police and insist that a medical examination be undertaken to record your condition. This will help you successfully defend your case in a court. You can also approach the nearest Indian Embassy/Consulate for assistance, or register your grievance on the MADAD Portal (www.madad.gov.in ).

Q: When I lodged a complaint with the police and the Indian Embassy, the Sponsor/Employer got angry and started abusing me more. What should I do?
A:

    You should lodge a complaint with the local Labour Office/Court giving proof of abuse. You should also immediately inform the nearest Indian Embassy/Consulate again to enable them to provide you the maximum possible assistance. If you are unable to leave your place of work, you can also register your grievance on the MADAD Portal (www.madad.gov.in) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: I got a Job in a foreign country and arrived in that country. The foreign employer is forcing me to sign a contract that reduces my rights compared to the original contract I signed in India. What should I do?
A:

    You should not agree to such demands. Please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: I was promised a particular job as per the job contract I signed in India with my foreign employer. However, after my arrival in the foreign country, I am being forced to do a different job which I am not prepared to do. What should I do?
A:

    Please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: My relative, who is working as a housemaid in a foreign country, is being harassed and physically assaulted by her employer. Where should I complain?
A:

    You should first lodge a complaint with the local police authorities with proof and also get in touch with the Indian Embassy/Consulate. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: I have an ECNR Passport and I negotiated my employment contract directly with the foreign employer. I now have serious grievances regarding violation of contractual terms by my employer. Can the Protector General of Emigrants (PGE) help me?
A:

    PGE will be able to help only where you have been recruited for work abroad through a licensed Recruiting Agent accredited with the PGE. If you hold a ECNR Passport and have directly negotiated your employment terms with a foreign employer who is not accredited with the PGE, it will not be possible for the PGE to intervene on your behalf. You can directly approach the labour department of the foreign country concerned and lodge your complaint with them. You can also register a grievance on the MADAD Portal (www.madad.gov.in ) for assistance from the Indian Embassy/Consulate wherever possible.

Q: I was Promised a Job in a Particular Country as per my Contract. However, After My Arrival There, I Am Being Forced to go to Another Country. What Should I do?
A:

    You need to lodge a complaint with the local labour office. They normally intervene to resolve such problems. In cases where you do not get a reasonable solution, you can approach the local labour court or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or e-Migrate portal (https://emigrate.gov.in ) or call the Overseas Workers Resource Centre (OWRC) for assistance.

Q: My Relative Died (or was injured) While Working Abroad:
  • (a) Can we claim death (or injury) compensation?
  • (b) How can his family or legal heir claim the compensation?
  • (c) What happens if the sponsor is not paying the death compensation?
  • (d) What should I do if the court has awarded compensation but the same has not been paid by the foreign employer or sponsor?
A:

    Yes, you would normally be entitled to compensation if the death (or injury) occurred during the course of work. This would depend on the terms of your contract and the labour laws (and insurance schemes) applicable in the country of work.

    Note:
  • There may be some countries where domestic workers are not covered under any insurance scheme. In such cases, you may not be able to claim compensation. Please take care to inform yourself well on these aspects before you accept a job as a domestic worker in a foreign country.
  • Spouses and legal heirs can apply to the employer for compensation against the death of a worker. They can also appoint an attorney abroad to pursue their compensation claims or authorize the nearest Indian Embassy/Consulate to pursue such claims on their behalf. Kindly approach the concerned Indian Embassy/Consulate for detailed procedure/requirements. You can also register your grievance on the MADAD Portal - www.madad.gov.in
  • In cases where the sponsor/employer is not paying the compensation, you need to seek legal remedy through the local courts. You may also approach the Indian Embassy/Consulate in following up your claim. You can also register your grievance on the MADAD Portal (www.madad.gov.in ) or the e-Migrate portal (https://emigrate.gov.in ).
Q: I have filed a case to claim compensation in respect of a death/accident while working abroad:

  • (a) How much time does it take to get the compensation?
  • (b) Will the claimed amount be sent directly to the account of the legal heir?
A:

  • The process varies depending on the circumstances of the injury/death. The time taken to settle the compensation claim also therefore varies from case to case. It can take anything from a few weeks to a few months, depending on the complexity of the case.
  • As per standard practice, the amount will be remitted by the Embassy/Consulate through the concerned District Magistrate/Collector in India. Alternatively, the amount can also be transferred by the Employer directly to the claimant.
Q: My Family Member Died in a Foreign Country due to a Heart Attack Beyond Working Hours. Can We Claim Death Compensation
A:

    Compensation is usually not granted in a death case not related to work. This may, however, depend on the terms of your contract/insurance and local laws. You could call the Indian Embassy/Consulate in that country or the Overseas Workers Resource Centre (OWRC) for advice in the specific circumstances that relate to you case.

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