Section 9

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Coercive, unfair or deceptive recruitment Debt bondage

Section 9 requires that a license be obtained in order to carry out any activity relating to recruitment for overseas employment. License applicants are required to undertake not to charge fees in excess of the amount set by the government, and not to make false promises in recruitment.  License holders are also required to submit surety money to cover compensation of workers in accordance with Section 18.

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Section 9. Licence.

(1) No person shall operate any activity relating to recruitment unless issued a licence under this Act.

(2) A person willing to recruitment services shall have to apply to the Government for a licence in the manner and form prescribed and upon payment of fees, and by submitting the following documents:

(a) certified copy of the trade licence;
(b) certified copy of the certificate of payment of taxes, along with a copy of the Tax Identification Number (TIN);
(c) bank statement indicating financial solvency;
(d) police certificate;
(e) In case of a company, its memorandum of association, articles of association and the certificate of incorporation;
(f) an affidavit declaring that while sending migrant workers overseas, fees and other amounts in excess of the ceiling fixed by the Government shall not be charged; and
(h) an undertaking to the effect that while sending workers overseas, false promises shall not be made to any person and that fraudulent actions shall not be practiced.

(3) Upon receipt of an application under subsection (2), the Government may, if satisfied upon examination of the information aforementioned and necessary investigation, grant the said person a licence to act as a recruitment agent after the receipt of security money and subject to conditions, or may reject the application.

(4) If any application is rejected under sub-section (3), the applicant may apply to the Government for review of the decision within the specified time and in the manner prescribed.

(5) The licence fee, the amount of security money, and the renewal fee payable under the Section 11 shall be determined by the Rules.

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.