Coercive, unfair or deceptive recruitment Compensation Employment contracts Group or joint liability
Section 22 establishes the obligation of recruitment agents to provide an employment contract concluded between the recruited worker and the employer, and sets out the minimum requirements of such contract, which must include stipulations regarding the worker’s wages, accommodation, duration of employment, compensation in case of death or injury, and cost of emigration and return. This section also provides for the joint and several liability of the recruitment agent and the employer for any liabilities arising from the aforementioned contract.
According to the ILO, many recruitment agencies do not fulfill their obligation to provide migrant workers with employment contracts and to read out these contracts to them. Furthermore, low levels of literacy and a lack of information and understanding of the migration process render migrant workers vulnerable to deceptive recruitment and contract substitution. Many migrants rely on verbal agreements with their recruitment agents and do not have the documentation and employment contract in their possession. When they do, complex language often hinders their ability to fully understand the conditions of employment and legal loopholes, which ultimately renders migrant workers vulnerable to labour exploitation abroad.
Section 22. Employment contract.
(1) The recruitment agent shall cause to be concluded an employment contract between the recruited worker and the employer, in which stipulations concerning the worker’s wages, accommodation facilities, duration of employment, compensation amount in the event of death or injury, cost of emigration to and return from the foreign country, and so on shall be stated.
(2) For the purpose of the contract mentioned in the Subsection (1), the recruitment agent shall be deemed to be a representative of the overseas employer, and as regards liabilities arising from the contract, the said recruitment agent and the employer shall be liable jointly and severally.
(3) The recruitment agent shall submit a copy of the contract concluded under the Subsection (1) to the Bureau and to the Bangladesh Mission in the concerned foreign country.
(4) In case workers being sent overseas by the Bureau or any organisation, entity or company established by the Government, the Bureau or the organisation, entity or the company established by the Government shall arrange for the conclusion of a employment contract between the employer and the worker and shall submit a copy thereof to the Bangladesh Mission the concerned foreign country.
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.