The Process of Recruitment by Foreign Employers in India
- by legalbabu
- Updated Dec 21, 2024
- 5 mins read
Recruiting Indian workers for overseas employment involves a structured process regulated by the Ministry of External Affairs (MEA) of the Government of India. The system ensures the safe and legal migration of workers, primarily through the e-Migrate portal. Below is a detailed overview of the recruitment process, including key guidelines and procedures.
Key Provisions for Small Foreign Employers (FEs) and Recruitment Agents (RAs):
- Definition of Small FEs: Small foreign employers are defined as individuals or entities requiring up to 10 workers annually (within 12 months from registration on the eMigrate portal).
- e-Migrate Portal Registration: Registration for small foreign employers is conducted by their identified RA in India by submitting necessary information and documents. A confidential key/passcode is provided to the foreign employers’ registered email for additional verification, allowing them to authorize other RAs for recruitment as needed.
- Enabling Multiple RAs: RAs other than the one that registered the foreign employers can raise demands using the foreign employer ID or unique ID card number along with the confidential key. The system reflects unused vacancies from the foreign employer annual quota of 10 workers, enabling other RAs to initiate recruitment for unutilized positions.
- Recruitment Restrictions: Recruitment is capped at 10 workers annually per foreign employers. Recruitment must be completed within 45 days of raising a demand; otherwise, unused vacancies are returned to the foreign employers quota.
- Business Expansion: If an foreign employers annual worker requirement exceeds 10, the prescribed registration process and additional documentation must be completed through the respective Indian Mission/Post.
- Deactivation of Inactive IDs: IDs of foreign employers inactive for 12 months will be deactivated. Re-activation requests can be submitted via email to [email protected] and [email protected].
- Unique Registration: Existing FEs already registered in the eMigrate system cannot be re-registered under this scheme.
- Employment Contracts: RAs must upload valid employment contracts for Indian migrant workers when applying for Emigration Clearance (EC).
- Visa Timing Affidavit: If the visa issuance date precedes the demand date, RAs must provide an affidavit explaining the discrepancy, which will be assessed by the concerned PoE.
- Self-Declaration by Workers: RAs must submit a bilingual self-declaration countersigned by the migrant worker, confirming compliance with service charge limits and that the worker has been briefed about job terms.
- Insurance Compliance: RAs must ensure all Indian ECR passport holders heading to ECR countries are covered under the Pravasi Bharatiya Bima Yojana (PBBY) policy.
- Complaint Resolution: RAs are responsible for addressing migrant workers’ grievances within 90 days and facilitating repatriation if job terms are not met. Delays or unresolved complaints may result in license suspension or other penalties under the Emigration Act, 1983.
- Accurate foreign employers Details: RAs must ensure the accuracy of foreign employers details during registration. False information will be treated as a violation of the Emigration Act, 1983, attracting appropriate penalties.
The updated registration process flow is detailed below:
How can small foreign employers register on the eMigrate portal?
Small foreign employers must register on the eMigrate portal through their identified Recruiting Agent (RA) in India. The RA submits the required information and uploads relevant supporting documents on behalf of the foreign employer.
What is the purpose of the confidential key/passcode provided to foreign employers?
The confidential key/passcode ensures that small FEs are not restricted to the RA who initially registered them. They can use this key to authorize other RAs to recruit on their behalf, offering more flexibility in managing their recruitment needs.
Can an RA other than the original RA recruit for the foreign employer?
Yes, other RAs can raise demands and recruit for the foreign employer by entering the foreign employer ID or unique ID card number and the confidential key provided to the foreign employer. This allows them to access the FE’s details and unused vacancies.
What is the annual recruitment limit for small foreign employers?
Small foreign employers can recruit up to 10 workers per year, calculated as 12 months from the date of their initial registration on the eMigrate portal.
Is there a deadline to complete the recruitment process for each demand?
Yes, the recruitment process must be completed within 45 days from the date of raising the demand. If not completed, the Job IDs will be canceled, and the unused vacancies will be added back to the foreign employer’s annual quota.
What happens if the FE requires more than 10 workers annually?
If an foreign employer’s requirement exceeds 10 workers in a year, they must complete a new registration process and provide additional documents to the concerned Indian Mission/Post.
Can unused vacancies be utilized later?
Yes, unused vacancies are automatically returned to the foreign employer’s annual quota, and recruitment for these vacancies can be initiated again within the 12-month period.
What if the foreign employer needs to change their RA for recruitment?
Foreign employers can authorize other RAs to recruit on their behalf by sharing the confidential key provided at registration, ensuring convenience and flexibility in choosing an RA.
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