REGULATORY FRAME WORK
FOR RECRUITMENT OF
MIGRANT WORKERS &
MINIMUM STANDARDS IN
OVERSEAS EMPLOYMENT
CONTRACT
By:
Rashid Ahmed Mughal
Director
Bureau of Emigration &
Overseas Employment,
Islamabad-Pakistan
LABOUR MIGRATION
POLICY & VISION
 Economic Development & Poverty reduction through
labour migration on decent wages & to earn foreign
exchange.
 Encourage & promote systematic & legal labour
Migration process under Government regulation.
 Discourage illegal and un-documented Labour
Migration by enforcing Government regulatory
framework.
 Help receiving countries by providing skilled manpower
for their development activities and to meet shortages in
various sectors.
 Prevent occurrence of abuse/malpractices by the
recruiting agents/employers in labour Migration process.
 Prescribe and strictly enforce mechanism to protect
vulnerable groups i.e. female housemaids/domestic
servants, artists.
FACTS
Labour Migration Process helps:  Reduce Poverty.
 Un-employment pressure on local labour market.
 Increase in per capita income through Labour
Migration.
 Improvement in quality of life & standard of living.
 Earn Foreign Exchange.
NUMBER OF WORKERS SENT
Philippines (in 2003)
Sri Lanka (in 2002)
Pakistan (in 2003)
867669
203000
215,000
FOREIGN EXCHANGE EARNINGS FOR THE YEAR 2003
Philippines
Sri Lanka
Pakistan

US$ 7.60
US$ 1.41
US$ 3.87
Billion
Billion
Billion
Bulk of workers are being sent by authorized and
licenced recruiting agents/Promoters.

The activities of Recruiting Agents are regulated.
In Pakistan by
Bureau of Emigration and
Overseas Employment under
Emigration Ordinance 1979.
In Philippines by
Philippines Overseas
Employment Administration
under Philippines Overseas
Employment Act 1995.
In Sri Lanka by
Sri Lanka Bureau of Foreign
Employment under Foreign
Employment Act 1985.
TASK AHEAD
 Prevention of incidences of abuse & exploitation
through Government regulatory framework.
 Effective monitoring of activities of agents.
 How best to safeguard workers rights in case of nonfulfillment of contractual obligations by employers.
 Changes required to be made in the Labour
Migration mechanism to prevent contract violation
or substitution on arrival of worker in the host
country.
 Action against employers indulging in abuse &
exploitation of migrant workers.

ROLE OF AUTHORIZED AGENTS IN
OVERSEAS EMPLOYMENT.
The role of authorized /licenced agents is
commendable as every year they send hundreds of
thousands of workers for employment abroad.
No. of
OEPs/Aut
horized
agents
Country
Pakistan
(2003)
Philippines
(2003)
Sri Lanka
(2002)
Note:
No. of workers sent.
(Land based)
Male
Female
Complaints
215,000 99.7%
Female
0.3%
175,103
241,511
27%
73%
6,957
132,986
205,000
34.7
65.3
7,938
1,258
214,341
659
1,327
66,408
538
70,726
Total
Percentage
Male
872
(i) Those authorized agents who perform well are rewarded in cash in
Sri-Lanka according to No. of people sent by them. In Pakistan,
they are given OEP of year” award and like wise in Philippines.
(ii) Figures mentioned above reflect fresh hirings (Land based only)
ACTIVITIES OF ILLEGAL/UN-AUTHORIZED AGENTS
AND PUNISHMENT PRESCRIBED.
 No. of Illegal Agents operating is reported to be in
thousands in Pakistan, Philippines and Sri-Lanka.
 Experience has shown that complaints against
authorized agents are not many, as they know they
can be traced and caught any time as their activities
are monitored constantly and closely.
 Malpractices are committed generally by fake agents.
 Fake agents exploit the intending emigrants by
promising them terms/conditions, which are not
honoured by employer or with no job on arrival in
host country, after charging
huge amounts of
money from them.
PUNISHMENTS PRESCRIBED UNDER LAW FOR
ILLEGAL RECRUITMENT.
a)
b)
c)
d)
e)
Cancellation of licence.
Forfeiture of cash guarantee/security.
Black listing of firm.
Prosecution and arrest.
Imprisonment/Jail.
FOR ILLEGAL/FAKE AGENTS
a) Immediate arrest on commission of offence.
b) Prosecution.
c) Imprisonment /Jail.
ORGANIZATIONS WHICH DEAL WITH
LABOUR MIGRATION PROCESS
PAKISTAN
1.
2.
3.
MINISTRY OF
LABOUR,
MANPOWER
AND OVERSEAS
PAKISTANIS
BUREAU OF
EMIGRATION
AND OVERSEAS
EMPLOYMENT.
OVERSEAS
EMPLOYMENT
CORPORATION
(PVT) LTD.
PHILIPPINES
SRI LANKA
1. MINISTRY OF
1. MINISTRY OF
LABOUR AND
LABOUR.
EMPLOYMENT
2. SRI LANKA
2. PHILLIPPINES
BUREAU OF
FOREIGN
OVERSEAS
EMPLOYMENT
EMPLOYMENT
ADMINISTRATION
3. SRI-LANKA
FOREIGN
EMPLOYMENT
AGENCY (PVT)
(SUBSIDIARY)
FIELD OFFICES.
PAKISTAN
PHILIPPINES
SRI LANKA
1. PROTECTOR
OF
EMIGRANTS
1. ADMINISTRATION
1. CHAIRMAN
AND ITS REGIONAL
BUREAU OF
OFFICES.
FOREIGN
EMPLOYMENT
2. COMMUNITY
2. REGIONAL
LABOUR
CENTERS
(OVERSEAS OFFICES)
WELFARE
ATTACHE
(OVERSEAS)
2. LABOUR
ATTACHES
(OVERSEAS)
BENCHMARK FOR MINIMUM WAGES

PAKISTAN: No minimum wage requirement. Follows
free-floating market based policy.

PHILIPPINES: Follows a policy of “fair & decent
wages” for its workers for overseas employment.

SRI LANKA: Sri Lanka also follows a “free-floating”
market based rate for its workers and does not follow
any minimum wage schedule.

Competition amongst sending countries has brought
down the wages of migrant workers which are below
than expected wages.
STANDARD CONTRACT FOR EMPLOYMENT ABROAD
OF WORKERS (INCLUDING FEMALES).
 PAKISTAN:
Follows a system of uniform and
standard contract of employment for its workers including
females.
 PHILIPPINES: Follows a system of different contract
for different countries e.g. Hong Kong, Japan, Singapore,
Taiwan). The terms/conditions of employment of its female
workers vary from region to region -- hence no uniform
/standard contract of employment.
 SRI LANKA: Tried to evolve system of uniform/
standard contract of employment but due to pressure from
recruiting agents, it could not be enforced strictly. It is,
however, applicable in case of those workers who are
registered with Sri Lankan Overseas Employment Bureau.
Those registered get free insurance coverage for contract
period.
LAW/ RULES AND PROCEDURE IN PAKISTAN,
PHILIPPINES & SRI-LANKA TO ADDRESS ISSUES OF
ABUSE & MALPRACTICES.
 It is the ultimate goal of each sending country to
safeguard interests of it migrant workers & towards
this end Pakistan, Philippines and Sri Lanka have
proper legal framework in place. Yet in some cases,
incidents of abuse by employers and malpractices by
agents have been reported.
REMEDY:
 Penalties and punishments already prescribed be
strictly enforced and licences of agents who indulge
in malpractices be cancelled with heavy fines and
host Governments be asked to take strict action
against such employers.
 Employer’s against whom there are repeated
complaints be not only blacklisted but host
Government be asked to take severe action against
them.
 Bi-lateral agreements/MOUs be signed with
receiving countries specially covering female abuse
cases.
EXISTING LEGAL MECHANISM TO DEAL WITH
CASES OF ABUSE/MALPRACTICES BY EMPLOYERS
LAWS/RULES
PAKISTAN
PHILIPPINES
SRI LANKA
a)
EMIGRATION
ORDINANCE
1979.
a) EMIGRATION
LAW/ACT 1995
a) EMIGRATION
ACT 1985.
b)
EMIGRATION
RULES 1979.
c)
PROCEDURE
FOR
RECRUITMENT
IN PUBLIC AND
PRIVATE
SECTOR
b) RULES AND
REGULATIONS
GOVERNING
OVERSEAS
EMPLOYMENT.
b) OVERSEAS
EMPLOYMENT
REGULATION
1985.
MINIMUM AGE REQUIREMENT FOR
OVERSEAS EMPLOYMENT OF FEMALES

Rise in No. of cases of abuse of female workers and
their vulnerability prompted fixing of minimum
age for house-maids in Pakistan, Philippines and
Sri-Lanka which is:Pakistan:
35 years
Philippines:
21 years
Sri Lanka:
25 years (for Kuwait)
30 years (for Saudi Arabia)

The ratio of female/male workers/house maid
servants proceeded abroad is:Pakistan (2003)
99.7 Male
00.3 Female
Philippines (2003) 73% Female
27% Male
Sri Lanka (2002)
65% Female
35% Male
IS THE VULNERABILITY OF FEMALES AS HOUSEMAIDS
MAJOR FACTOR IN ABUSE AND EXPLOITATION
Because of nature of job, housemaids/domestic
servants are always vulnerable to abuse and exploitation
at the hands of employers. As they
 Stay at home mostly and sometimes denied access to
outside world, even their Embassy.
 Work without adherence to fixed time schedule.
 Denied access to communicate with countrymen,
relatives, and friends.
 Face physical harassment, which often is not reported.
 There are no Laws that govern their protection at work
except in Hong Kong, Malaysia, Lebanon & Cyprus.
SUGGESTIONS/RECOMMENDATIONS
 Age (minimum) be fixed at 35 years for domestic
servant/housemaids.
 Employers may be asked to sign a bond for faithful
performance of their duties. If they fail to do so, bond
be cashed and worker be compensated.
 Cash guarantee be obtained from employers which
should remain with Government (Ministry of Labour)
for the contract period and released if there no disputes
between worker and employer at the end of contract
period.
 Both husband & wife be encouraged to work with the
same employer to obviate chances of abuse.
 Embassy in host country should maintain a data bank
of all maid-servants to be contacted at random to check
their welfare.
 All female domestic servant/house-maids should be
registered in Embassy on arrival.
 Bonafides/credentials of employers be thoroughly
checked before recruitment of house-maids/domestic
servants.
 Housemaids/domestic servants be briefed to observe
domestic customs/traditions and dress code in the host
country.
 A separate section/wing be established in the Ministry
of Labour in the sending country to specially look after
recruitment of female workers/housemaids (like
“House hold Centre”, under Philippines Overseas
Employment Administration in Philippines).
 Involvement of host Government (such as signing of
MOUs and Bi-lateral agreements) for ensuring
worker’s rights.(Philippines has signed such
agreements with 11 countries).
 Impressing upon host countries to create a wing/section
in their Ministry of Labour for protection of rights of
female workers to look in to their problems and
solving disputes with employers.
 Sharing of information by labour sending countries
and forming of special alliances for protection of rights
of labour migrants.
 Labour Attaches should monitor cases of abuse & keep
close watch on employers against whom complaints are
received, repeatedly.
 If complaints persist, employers be black listed and
host Government be asked to take action against them.
 Strict action be taken against agents who willfully &
knowingly conceal facts and expose labour migrants,
specially vulnerable groups i.e. female domestic
servants, to abuse and exploitation.
 Regular /periodical meetings of sending countries to
evaluate situation and discuss methods of
improvements in the system to prevent abuse/
malpractices.
THE END
GOD BLESS YOU