Section 18

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Administrative sanctions Coercive, unfair or deceptive recruitment Compensation Economic sanctions

Sub-sections 18(1) to 18(4) provide that the government may forfeit the surety money paid by a recruitment agent, upon the cancellation the recruiter´s license under S. 12. The forfeited surety money may be used to compensate any affected migrant worker or to cover the cost of return/repatriation of a worker sent by the recruitment agent.

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Section 18. [sic] Forfeiture of surety, and such others.

(1) If a licence is cancelled under the Section 12, the Government may confiscate the whole or part of the surety money paid by the concerned recruitment agent.

(2) Compensation to any affected migrant worker or the cost of return/repatriation of a worker who was sent overseas by the concerned recruitment agent may be paid from the surety money confiscated under the Subsection (1).

(3) If the confiscated surety money is inadequate to pay compensation to the affected migrant worker or to ensure return/repatriation from overseas, the Government may direct the concerned recruitment agent to pay an appropriate amount of compensation.

(4) If any recruitment agent fails to pay the money directed to be paid under the Subsection (3), the Government may recover it from that recruitment agent in accordance with the provisions of the Public Demands Recovery Act, 1913 (Bengal Act No. III of 1913).

(5) If a recruitment agent surrenders the licence following the expiry of its validity period, or if the recruitment agent dies, the Government shall return the surety money to the recruitment agent or the legal heir of the 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.