Foreign Employment: Why the Rule Prohibiting Sending Nepali Workers Abroad via India Has Opposed Manpower Agencies
Image source, Reuters
Amid the reduction of operational hours due to the expansion of Tribhuvan International Airport nearly a year ago, the government issued warnings of action against nearly 600 manpower companies for allegedly misusing permission to utilize Indian airports.
Mira Acharya, Director General of the Department of Foreign Employment, stated that under the Foreign Employment Act and considering no current emergency or lack of tickets within Nepalese flights, acting against agencies based on a two-year-old decision would be “illegal.”
However, the umbrella organization of manpower entrepreneurs has accused the government of penalizing approximately 598 foreign employment businesses for allegedly following the earlier government directive.
In an interview, Dik Bahadur Khatri, President of the Nepal Foreign Employment Entrepreneurs Association, noted that the decision made under special circumstances did not specify that only Nepalese airports must be used once the situation normalized.
Nevertheless, Mira Acharya emphasized that normal operations have been ongoing for a long time after Kathmandu Airport’s maintenance, telling the outlet: “There is no need to keep issuing notices to enforce the law.”
Following government advisories, sending workers abroad via India has currently been halted, and officials indicated that the department holds the authority to cancel licenses if third warnings are necessary.
Manpower Entrepreneurs’ Response
From November 2024, for roughly six months, operations at Tribhuvan International Airport were reduced from 21 hours daily to a minimum of 14 hours due to upgrades and maintenance.
During this period, despite higher ticket prices due to fewer flights, authorities report that conditions have normalized for about a year.
Image source, Getty Images
Labor officials state that sending workers abroad via foreign airports outside Nepal is unacceptable under normal conditions.
Yet manpower businesses argue that they are being penalized based on a decision jointly taken by three ministries during exceptional circumstances.
“Before this rule was implemented, the Embassy’s system for issuing No Objection Certificates (NOC) for labor destinations out of India could have been improved,” they say.
“The issue was introduced without proper legal procedure, precaution, or guidance.”
The association’s president Khatri gave the example of flights from Bagdogra, India to the UAE costing 21,000 NPR one-way, whereas flights departing from Kathmandu can be as high as 65,000 NPR.
“Choice of route is sometimes made by the worker themselves and other times by the employer,” says President Khatri. “Ticket cartelization and artificial scarcity here are also factors.”
Manpower agents confirm they used to send workers not only through international airports at Indian border points but also via Delhi and Kolkata airports.
Legal Framework
Under Section 22 of the Foreign Employment Act, 2064 (2007), licensed agencies must use domestic airports to send workers abroad.
The same law states that if a ticket cannot be obtained from a domestic airport, permission must be sought from the department to use foreign airports.
Additionally, agencies must register the foreign departure with the immigration office at the departure point.
The association has requested “timely amendments” to the Act and the assurance of a one-month salary equivalent as service fee, warning that non-implementation may halt operations.
Government’s Role
Officials highlighted that labor desks are established at Nepal’s international airports to ensure compliance with foreign employment regulations for departing workers.
Director General Mira Acharya stated: “The government protects workers’ rights legally; this is not a matter of personal preference.”
The Foreign Employment Act authorizes the government to establish labor desks at international airports and other locations as needed to ensure secure emigration within the country.
Labor desks help verify documents such as labor approvals, orientation certificates, and payment vouchers from workers.
They also have a legal requirement to submit weekly reports on foreign employment departures to the ministry.
Director General Acharya further explained that the department may impose a fine of 50,000 NPR on second violation and 100,000 NPR plus revocation of license upon a third violation.
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