Chapter- 4

Chapter- 4
Provision Relating to Prior Approval and Selection of Workers

12. Application for prior approval:

A licensee shall make an application,  setting out the following deta ils, in addition to the details set forth in  Sub-section (1) of Section 15 of the Act, to the Department, in the form   referred to in Schedule 4, for prior approva l to send workers for foreign
(a) Deed of authorization given by the director to his or her agent to appear before the Department and do acts pertaining to it,
(b) A copy of the identity card of the a gent of the institution, as issued by the Department,
(c) A sample of advertisement to be published after prior approval has been given,
(d) A copy of the license,
(e) The service charge and promotiona l expenses which the licensee  is entitled to collect.

13. Conditions where prior approval is refused:

The Department shall  not give prior approva l to select workers on any of the following conditions, in addition to the conditions set forth in Sub-section (3) of Section 15 of the Act:

(a) The details set forth in the documents submitted by the licensee for prior approval are found to ha ve been corrected, are mutually
inconsistent, altered or added or deleted,
(b) The abroad-based Nepalese diplomatic mission or Labor Attache give s information in writing to the Department that it is not
appropriate to send workers to the country or employer institution providing foreign employment.

14. Details to be set out while publishing advertisement:

In publishing an advertisement pursuant to Section 16 of the Act, the following details sha ll be set out:
(a) Date of prior approva l obtained from the Department and reference number thereof,
(b) Name and address of the licensee and license number,
(c) Name and address of the employer country and employer institution,
(d) Post of worker,
(e) Number of workers demanded,
(f) Description of work to be done by the worker,
(g) Required minimum qualification of the worker,
(h) Provisions relating to quarter and food facilities to be provided to the worker,
(i) Monthly remuneration to be received by the worker,
(j) Period of da ily and weekly work to be done by the worker,
(k) Place and deadline for subm ission of application,

(l) Provisions relating to insurance and medical fac ilities of the worker,
(m) Provision relating to a ir ticket expenses to be incurred by the worker to go for and come from employment,
(n) Tota l expenses including the service charge and promotional expenses to be paid by the worker,
(o) Method, place and date for the selection of workers,
(p) The number of reservations made in the number as prescribed by the Government of Nepa l to the women, Dalit, indigenous
nationa lities, oppressed class, backward area and class and people of remote areas pursuant to Section 9 of the Act,
(q) Such other matters as specified by the Department.

15. Application to be made: After an advertisement is published pursuant to Rule 14, a person who intends to go for foreign employment sha ll make an application, accompanied by the details of his or her qualification, training and experience, in the form referred to in
Schedule 5, to the licensee.

16. Grounds for selection of workers:

(1) The licensee sha ll select workers on the follow ing grounds, from amongst the application made
pursuant to Rule 15:
(a) Qualification, training and experience set forth in the demand letter,
(b) Age and physica l fitness of the applicant,
(c) Skill-oriented training in case of skilled and sem iskilled worker,

(d) Reservation provided in the number as prescribed by the Government of Nepal to the women, Dalit, indigenous nationa lities, oppressed c lass, backward area and class and people of remote areas pursuant to Section 9 of the Act.
(2) The Department may give necessary direction in writing to the licensee in relation to the criteria and procedures for the selection
of workers in addition to the grounds set forth in Sub-rule (1).
(3) It shall be the duty of the concerned licensee to observe the direction given pursuant to Sub-rule (2).