Section 43

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Coercive, unfair or deceptive recruitment

Section 43 penalises engaging in the foreign recruitment business without the required license. This provision imposes a fine of 300-500 thousand Rupees and a penalty of three to seven years of imprisonment upon any person who engages in foreign recruitment without the appropriate license. It also requires the offender to pay compensation to the employee unlawfully recruited for work abroad.

Notes

The Nepali government reported having prosecuted 22 agencies pin 2013/2014 for infringements of the Foreign Employment Act. However, only 3 agencies were convicted, and no action is taken against many other such agencies operating in breach of the law.

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Section 43. Punishment to be imposed in the event of carrying on foreign employment business without license:

If any person carries on the foreign employment business in contrary to Section 10 or collects any amount with intent to engage a person in foreign employment or sends a person abroad by giving false assurance or lures a person to be engaged in foreign employment, the amount so received and an amount to be set by fifty percent of that amount shall be recovered from that person as compensation and the expenses incurred by that other person in going to and coming from abroad shall also be realized and that person shall be punished with a fine of three hundred thousand rupees to five hundred thousand rupees and with imprisonment for a term of three years to seven years. In the event that such person has not yet sent that person abroad, half the punishment shall be imposed.

Law / Nepal / Foreign Employment Act, 2064 (2007)

This mechanism was enacted in 2007 in order to regulate foreign employment and foreign recruitment agencies, and to protect the rights and interests of workers and ensure the safety of those migrating for work purposes. It includes the criminalisation of sending minors abroad for work purposes, and of abusive recruitment practices such as the use of any form of coercion or deception to send anyone abroad.