Section 12

homepage-img2

flag Bangladesh

Abuse of vulnerability Administrative sanctions Coercive, unfair or deceptive recruitment

Section 12 lays down the conditions or reasons that may lead to the cancellation or suspension of a recruiter’s license, including: if the licence was obtained through fraudulent means; if the conditions of licence were violated or if the licence was not renewed within due time; the violation of any of the provisions in the Migrants’ Act or the Rules or the Code of Conduct for recruitment agents; or the conviction of a license holder for a criminal offence.

Link to full text

Text

Section 12. Suspension and cancellation of licence.

(1) The Government may, after adequate investigation and upon affording the licensee an opportunity to be heard, suspend or cancel the licence of any recruitment agent for any of the following reasons:
(a) If the licence was obtained through false information or through fraudulent means;
(b) if the conditions of licence were violated or if the licence was not renewed within due time;
(c) if any provisions of this Act or the Rules or of the Code of Conduct prescribed for the recruitment agents stand violated;
(d) if the person to whom the license has been issued has been convicted a criminal offence;
(e) if the recruitment agent recruits or employs a migrant worker for a purpose not in the interest of Bangladesh; or
(f) in case of a company, organisation, a partnership firm or any other legal entity, if the licensee is duly wound up or dissolved.

(2) If the licence of any recruitment agent is suspended under above-mentioned Subsection (1), the said recruitment agent shall no longer have the legal capacity to carry out any action related to recruitment.

(3) If a licence is suspended or cancelled, the recruitment agent may, within 30 days of such suspension or cancellation, appeal to the Government for a review and the Government shall review the case within 60 days of the appeal, and the decision of the Government in this regard shall be final.

(4) If any licence of a recruitment agent is suspended or cancelled under this Section, the Government shall take appropriate measures to protect the rights and interests of those persons who may have enlisted for recruitment related services with that recruitment agent.

Law / Bangladesh / Overseas Employment and Migrants Act, 2013

The Overseas Employment and Migrants’ Act, 2013 (or “Migrants’ Act 2013”) is the first law on migration and overseas employment passed by the Parliament of Bangladesh. This law replaces the Emigration Ordinance, issued by the president in 1982. It has a dedicated chapter on regulation of recruitment.