Nov 28, 2011

Work permit system to be enforced more strictly

JUN 14 - In a bid to enforce the work permit provision more strictly, the government on Tuesday asked the industrial sector not to employ foreigners not possessing the proper paperwork. The Ministry of Labour and Transport Management (MoLTM) has also asked employers to follow due process if they have hired any foreign workers without a work permit.

The Labour Act 1992 has made it mandatory for foreigners coming to Nepal to work to get work permits. However, it has not been implemented effectively, mainly due to the government’s negligence and
lack of coordination between ministries and the offices under them.

With the number of foreigners working in Nepal on tourist visas on the rise, the MoLTM has formed a foreign workers monitoring central committee. The committee, according to the MoLTM, would investigate, monitor and recommend to the authorities concerned, such as the Department of Labour and the Immigration Department, to take action against illegal workers as well as employers.

“The committee has already started its work and will carry out on-site inspection of work places,” the MoLTM said in a statement.

The government’s latest move comes amid a rising trend of foreigners visiting Nepal on tourist visas and staying back to work, involvement of foreigners in criminal activities, unemployment in the country and loss of billions of rupees in income tax and work permit fees. The ministry said it would make all foreign workers, except diplomatic staff enjoying diplomatic privilege and immunity, acquire a work permit from the Department of Labour.

Though there is no exact data on how many foreigners are working in Nepal without valid work permits, the Labour Ministry estimates that there are more than 50,000 alien workers. An official at the Labour Department said foreigners have been found to be working illegally in hotels, restaurants and construction companies besides the telecommunication and hydropower sectors.

According to the MoLTM, so far some 6,000 to 7,000 foreign nationals have obtained permission to work in Nepal at diplomatic missions, banks and the telecom and education sectors, among others. The Department of Labour grants permission to employers to employ non-Nepalis if Nepalis are not available for the specific job for a maximum period of five years. If the job involves a technical post requiring special skills, the maximum limit can be extended up to seven years.

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