Section 53

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Coercive, unfair or deceptive recruitment Compensation Criminal liability

This Section penalises charging excess fees for the processing and obtention of visas, service charges, and recruitment costs, and orders offenders to return the excess fees to the person who payed them, and to pay a 100 thousand rupee fine.

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. Common violations include charging excessive fees, payment below minimum wage in receiving countries, and prompting workers to commit document fraud. Working conditions at the destination country are often different than those promised or from the information registered with the Nepali Department of Foreign Employment.

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Section 53. Punishment to be imposed in the event of collecting visa fees, service charges and promotional costs in excess: If any licensee collects visa fees where free visa has been received or collects fees or costs in excess of the fees or costs as prescribed, the Department shall require the licensee to return such fees not to be charged or such excess fees or costs to the concerned person and punish such licensee with a fine of one hundred thousand rupees.

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.