For businesses involved in facilitating overseas employment from Bangladesh, staying abreast of the latest regulations is not just a legal necessity, but crucial for ethical and compliant operations. The Overseas Employment and Migrants (Recruiting Agent License and Conduct) Rules, 2019, enacted under the authority of the Overseas Employment and Migrants Act, 2013, introduced significant provisions governing the licensing and conduct of recruiting agents. This blog post provides an overview of the key aspects of these rules.
Introduction to the 2019 Rules
Published in the Bangladesh Gazette on January 6, 2020, these rules aim to streamline the process of obtaining and maintaining a recruiting agent license, and to establish clear guidelines for their conduct. They emphasize transparency, accountability, and the protection of the rights of migrant workers.
Key Provisions and What They Mean for You
The 2019 Rules cover various aspects of a recruiting agent’s operations. Here’s a summary of some of the most important provisions:
- Licensing Requirements (Rule 3 & 4): The rules outline a detailed application process for obtaining a recruiting agent license. This includes submitting specific documents such as trade license, tax identification number, bank statements proving financial solvency, police clearance, and company incorporation documents (if applicable). A significant requirement is an undertaking (অঙ্গিকারনামা) on a non-judicial stamp paper of a specified value, committing to ethical conduct and compliance with the rules. The Directorate General of the Bureau of Manpower, Employment and Training (BMET) is the authority for receiving applications and conducting initial scrutiny.
- License Issuance and Conditions (Rule 4): The rules specify the timeline for processing license applications and the conditions under which a license may be granted. These conditions include operating in accordance with the law and rules, sending a minimum number of workers abroad within each license period, and adhering to other conditions as prescribed by the government. Licenses are typically issued for a period of three years.
- License Renewal (Rule 6): The process for renewing a recruiting agent license is also detailed, requiring applications to be submitted at least two months before the license expiry. The renewal process involves a review of the agent’s performance over the past three years, including worker placements and compliance records. Penalties may apply for late renewals.
- Reasons for Rejection of License Application/Renewal (Rule 4 & 6): The rules clearly state grounds for rejecting license applications or renewals, such as providing false information, engaging in misconduct, or failing to meet the minimum worker placement requirement. Importantly, recruiting agents are entitled to a hearing before their application for renewal is rejected.
- Appeals (Rule 6): The rules provide a mechanism for appealing a decision to reject a license renewal application, with a specific timeline for filing and resolving such appeals.
- Appointment of Representatives (Rule 7): Recruiting agents can appoint representatives within Bangladesh or in destination countries with prior approval from the Directorate General. The rules emphasize that both the recruiting agent and the appointed representative are responsible for all activities related to migrant workers.
- Restrictions on Multiple Licenses, Name Changes, and Transfers (Rule 8): The rules prohibit individuals or recruiting agents from holding multiple licenses or transferring their licenses without prior government approval. Changes to the organization’s name or the transfer of shares also require prior government permission, with specific conditions outlined for proprietary concerns converting to companies.
- Branch Offices and Business Address Changes (Rule 9 & 10): Procedures for establishing branch offices and changing the business address are also covered, requiring applications and approvals through the Directorate General.
- Responsibilities and Conduct of Recruiting Agents (Rule 11): This rule is particularly important as it outlines the expected conduct of recruiting agents. It mandates compliance with all relevant laws and rules, maintaining a regular office with proper signage, providing information and counseling to aspiring migrant workers, enhancing the professional skills of their staff, maintaining a database of sent workers, and strictly adhering to ethical practices in recruiting. This includes avoiding unethical competition, not accepting lower terms than those offered by a previous agent, not accepting terms lower than the government-approved salary and working conditions, and refraining from illegal activities like arranging fake visas.
- Worker Selection (Rule 11): The rules provide specific guidelines for worker selection, emphasizing transparency in advertising job opportunities, adhering to prescribed age limits, selecting technically skilled and physically fit workers where required, and utilizing the BMET database for selection. It also outlines crucial steps like ensuring the selected worker has undergone a medical check-up at an approved clinic, understanding the terms of the employment contract, receiving pre-departure training and briefing, and not demanding excessive fees from workers. Special attention is given to the needs and safety of female migrant workers.
- Protection of Female Migrant Workers (Rule 11): The rules explicitly require recruiting agents to take necessary precautions to prevent the torture, exploitation, and violence against female workers abroad and to provide remedies in case of such incidents.
- Dispute Resolution (Rule 13): The rules establish a process for investigating complaints against recruiting agents, allowing affected individuals to file complaints directly or through the relevant offices. The rules also facilitate dispute resolution through mediation or arbitration if both parties agree.
- Fees and Deposits (Rule 14 & Schedule 1): The rules specify the various fees associated with licensing and renewal, including application fees, license fees, and security deposits. Schedule 1 provides a detailed list of these fees in Bangladeshi Taka. The security deposit can be submitted through FDR or pay order.
- Authentic English Text (Rule 15): The rules mention that the government may publish a reliable English translation of the rules. In case of any conflict, the Bengali text will prevail.
- Repeal and Savings (Rule 16): The 2019 rules repeal the previous Recruiting Agent Conduct and License Rules, 2002. However, actions taken and licenses issued under the previous rules remain valid.
Practical Implications for Businesses
These rules have a direct impact on the operations of recruiting agencies in Bangladesh. Compliance with the licensing requirements, maintaining ethical conduct, and adhering to the prescribed processes are essential for avoiding penalties and ensuring continued operation. The emphasis on worker protection and transparent practices highlights the government’s focus on safeguarding the rights of migrant workers.