21/10/2020
Wage theft of migrants during pandemic | Nepali Times
The Nepal government has in place provisions to help victims of migration get
compensated. The Department of Foreign Employment handles these cases, and there is
also a dedicated Foreign Employment Tribunal (FET).
Hefty security deposits required of recruiters are used to compensate victims, who are
subject to joint liability with foreign employers. In 2017/18 and 2018/19, there were 2,129
and 2,082 cases registered of which 1,023 and 1,692 were resolved. Nepali
missions blacklist employers (https://dofe.gov.np/cancel.aspx) who are engaged in
malpractices including wage theft, and bar them from future hires. These were from
‘normal’ times when cases were more sporadic.
With Covid-19, an already overwhelmed bureaucratic machinery is now under further
pressure to address these complicated transnational legal issues. Many workers have
little idea how to navigate the complicated systems, or may not even know such legal
channels exist. Workers need proof of non-payment, and do not know where to go for
assistance.
Extending help to migrants is necessary, but recruiters are also struggling to keep their
heads above water after a complete halt in migrant deployment. Also, they cannot be
held solely liable when employers, including multinational companies, behave
irresponsibly towards migrant workers.
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Many victims have also been working abroad for many years
(https://www.nepalitimes.com/opinion/labour-mobility/crossborder-virus-and-nepalimigrant-workers/), in which case it may not be fair to penalise recruiters as in the case
of newer migrants who return prematurely. The issue is transnational, and the
destination country governments have to hold employers accountable, which requires
proactive diplomacy by Nepal’s missions abroad.
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