Introduction of an online portal for foreign employers
recruiting Indian workers.
MOIA now makes it mandatory for foreign employers of ECR
countries desirous of recruiting Indian workers to accredit
themselves with their respective Indian Mission/Consulates.
Services of the online portal available to foreign employers
only post accreditation by the Indian Mission/Consulate at their
Foreign employers accredited by the Indian Mission/Consulate
shall be allowed to carry out functions such as application for
permit, cancellation of emigrant registration, generation of
employment contracts, updating emigrant details, cancelling
unutilized jobs, etc. on the online portal.
The Ministry of Overseas Indian Affairs, Government of India
("MOIA") has launched an online eMigrate
system1 for carrying out various procedures under the
Emigration Act, 1983 ("Emigration Act").
Under the Emigration Act, any Indian national can be recruited for
a job abroad either through (i) a Recruiting Agent registered under
the Emigration Act or (ii) directly by an employer having a valid
permit under the statute. While the Emigration Act does not specify
a requirement for accreditation prior to obtaining the permit, the
MOIA now makes it mandatory for foreign employers of Emigration
Check Required ("ECR")
countries2 desirous of recruiting Indian workers to
accredit themselves with their respective Indian
Mission/Consulates. The accreditation process can be carried out
either online through the eMigrate system or offline by submitting
physical documents to the Indian Mission/Consulate.3 At
the time of accreditation, the foreign employer is required to
specify inter alia, (i) details of the projected manpower
requirement for a period of 5 years from the date of application
and (ii) the terms and conditions of employment for different
categories of jobs. The declared terms and conditions of employment
is meant to act as a specimen contract and form part of the
employment contract at the time of actual recruitment.
The online portal shall also facilitate employers to (i)
re-submit their applications of accreditation (in case of
incomplete application); (ii) apply for capacity enhancement; (iii)
apply for employer permit; (v) generate employment contracts; (iv)
apply for cancellation of emigrant registration; (v) cancel
unutilized jobs etc.
The requirement for mandatory accreditation and scrutiny of
foreign recruiters before allowing them to employ Indian emigrants
or facilitate emigration has been introduced keeping in mind the
pressing need to safeguard the interests of such emigrants and
increase accountability of foreign employers.
The online portal will now facilitate prospective recruiting
agents, employers and project exporters to apply for registration
and accreditation in quick time. The emigrants can also apply
directly for emigrant registration on the online portal. The
eMigrate portal will hence help automate and streamline the current
emigration processes and in particular the operations of offices of
the Protector of Emigrants ("PoE") and
Protector General of Emigrants
("PGoE").The online portal will bring
together all key stakeholders involved in the emigration lifecycle
including the Indian Missions, PoE, PGoE, employers, recruiting
agents, emigrants and insurance agencies on a single
On 31 December 2015 the President gave his assent to certain amendments to the Payment of Bonus Act, 1965. The amendments have increased the wage threshold for determining applicability of the Act from INR 10,000 to INR 21,000 per month.
The Payment of Bonus Act, 1965 provides for the payment of statutory bonus to eligible employees. The bonus payable is to be determined on the basis of profits or on the basis of production or productivity of the establishment.
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