Leading with excellence

India's massive population is actually a boon for the world when properly skilled. A group of workers has been recently sent to assist Israel's construction sector under a G2G agreement, which, according to the latest news and due to high alert, has been halted until the situation is brought under control. In 2023, several Indian blue-collar workers boarded flights to Dubai. A few years back, Japan signed a memorandum of understanding to receive Indian workers for on-job training to Japan. In March 2024, India signed a new USD 100 billion EFTA agreement with Iceland, Norway, and Switzerland. This agreement benefits Indian companies with relaxed visa rules for workers and professionals. Indian workers serving any country is indeed a matter of pride, of course, subject to their safety.

Indian workers often depart abroad for work. The Emigration Act, 1983, has a key role to play in many circumstances when sending workers abroad. The provisions cater to a regulatory framework for the emigration of Indian workers for contractual overseas employment. The Act originated from the dictum of the Apex Court’s judgment in the case of Kanga and Others vs. Union of India, 1979, wherein the Supreme Court ruled that emigration should be regulated based on enumerated guidelines. Since the statute was enacted, the protection of emigrants and their interests comes under the Office of the Protector General of Emigrants (PGE), Ministry of External Affairs, Government of India. It stipulates that employers must secure a license from the PGE before initiating the recruitment process and must register with the protector general. There is a mechanism set up for hiring through government-certified recruiting agents, which could be individuals or public or private agencies. The Act outlines obligations for agents to conduct due diligence on prospective employers, sets a cap on service fees, and establishes a government review of worker travel and employment documents (known as emigration clearances) to stipulated countries. Violations of provisions of the Emigration Act/Rules are dealt with seriously. The penal provisions for violations of the Emigration Act, 1983, such as cheating, overcharging, and furnishing false information, are punishable with imprisonment and/or fines under Sections 24(1) and 24(2).

In such arrangements, the Employees Provident Fund and Miscellaneous Provisions Act, 1952 also becomes relevant. According to the 2008 amendment under the said Act, it is also applicable to international workers. Indians seconded abroad and employees without an Indian passport who are deputed to work in India are classified as "international workers" under the statute. While there is a salary cap of Rs. 15,000 for applicability and contribution limits for Indian employees, no such limit exists for international workers. In cases where there are existing social security agreements, known as totalization agreements, with countries to which employees are being sent, there would be detachment from the provisions for the stipulated period.

When sending workers abroad, relevant employers must enter into an agreement with the worker that specifies the terms and conditions of their employment, including working hours, wages, and other necessary details. The agreement must be in writing and signed by both parties. The employer must inform the worker of all relevant aspects related to their employment, including the nature of the work, the compensation they will receive, the duration of their employment, and any other relevant information.

To comply with labour laws related to sending workers from India to any country overseas, employers must ensure that they follow all recruitment regulations under both Indian and the respective foreign laws. Employers are required to provide employment contracts with clear terms and working conditions, ensure payment for overtime and holidays, pay minimum hourly wages, and provide insurance cover. They are also required to ensure the worker's safety and provide them with suitable accommodation and food.

While the oil boom of the 1970s saw Indian emigrants mainly going to the Gulf countries, they have also moved to developed nations like the US, the UK, Germany, and Canada as well as to the developing economies of Southeast Asia and Australia.

India has a rich history of emigration and immigration. Training employees thus becomes important because it represents a good opportunity for employees to grow their knowledge base, improve their skills, and thus have increased sources of employment. In fact, our workers, when properly skilled, are known to deliver brilliant performance. Our spiritual and cultural knowledge, which the world greatly needs, is an added benefit. Subject to safe and healthy working conditions, outsourcing manpower to other countries with better perks is a way for better global integration. As rightly said, India should strive to become the manpower capital of the world.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal