Standard Operating Procedures (SOPs) for Safe & Legal Migration

Importance of Legal Overseas Recruitment

Under The Emigration Act, 1983, any individual or agency conducting overseas recruitment must register with the MEA and obtain a valid Overseas Recruitment License. Unregistered agents are prosecutable under Sections 10 and 24 of the Act. Illegal recruitment has led to numerous cases of exploitation, making strict enforcement essential.

Key Measures to Prevent Illegal Recruitment

1. Appointing Nodal Officers

Each State/UT must appoint a Nodal Officer to coordinate with MEA, Protectors of Emigrants (PoEs), law enforcement, and labor departments. The officer will:

• Serve as a liaison between local police and MEA.
• Monitor compliance with The Emigration Act, 1983.
• Oversee joint operations against illegal recruiting agents.
• Conduct awareness programs and training for police personnel.

2. Handling Complaints Against Illegal Agents

Complaints regarding fraudulent recruitment are received through various channels, including:

• Pravasi Bhartiya Seva Kendra (PBSK) helpline.
• Indian Missions and Posts abroad.
• Local police and PoEs.

These complaints are forwarded to relevant authorities for action. The public can also directly file grievances on the e-Migrate portal (https://emigrate.gov.in/).

3. Investigating Recruitment Fraud Cases

When a suspicious agent is apprehended, police must:

• Determine if the person is a victim or trafficker.
• Inform MEA and Indian Missions in relevant countries.
• File charges under appropriate laws, including The Emigration Act and Immoral Trafficking Prevention Act.
• Ensure strong prosecution with forensic and documentary evidence.

4. Public Awareness & Media Monitoring

State Governments must:

• Prevent misleading overseas job advertisements from unlicensed agents.
• Educate job seekers on safe migration through public campaigns.
• Encourage migrants to work abroad only on valid employment visas with proper contracts.

Role of Protectors of Emigrants (PoEs)

India has 15 PoE offices in major cities like Delhi, Mumbai, Chennai, and Kolkata. These offices regulate and monitor recruitment agents. Any complaint against a recruiting agent is forwarded to the concerned PoE for necessary action.

Filing a Complaint: Step-by-Step Guide

1. Collect necessary details:
   • Passport copy, visa, employer details.
   • Contact information of the agent.
2. Submit a grievance through:
   • e-Migrate portal (Submit Grievance section).
   • Pravasi Bhartiya Seva Kendra (Email: [email protected], Toll-Free: 1800113090, WhatsApp: +91 7428321144).
3. Follow up on the complaint using the ‘Track Grievance’ feature on e-Migrate.

How to Ensure Safe Migration

• Verify Recruiting Agents: Always check if the recruiting agent is registered on the e-Migrate portal.

• Use Employment Visas: Migrate only on a valid Employment Visa with a proper employment contract. Avoid Tourist or Visit Visas.

• Report Illegal Activities: If you encounter illegal agents or fake job offers, file a complaint on the e-Migrate portal or with the local police.

Conclusion

Illegal recruitment poses a serious threat to Indian job seekers abroad. By implementing strict monitoring, appointing Nodal Officers, and leveraging the e-Migrate portal, the Government aims to protect migrant workers. Awareness, enforcement, and seamless coordination between authorities are key to ensuring safe and legal overseas employment.