The Nepal Association of Foreign Employment Agencies (NAFEA) serves as the central organization representing about 971 recruiting agencies in Nepal. Dedicated to promoting safe migration, NAFEA safeguards the rights of both workers and its member organizations.

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Code Of Conduct

Nepal Association of Foreign Employment Agencies (NAFEA) Code of Conduct

1. Name and Commencement: 1.1 This Code of Conduct shall be known as the Nepal Association of Foreign Employment Agencies (NAFEA) Code of Conduct B.S. 2062 (2005). 1.2 It shall come into effect from the date of endorsement by the Special Assembly of NAFEA.

2. Definitions: 2.1 "Association" refers to the Nepal Association of Foreign Employment Agencies (NAFEA). 2.2 "Discipline Committee" refers to a committee comprising experts nominated by the association under Article 7. 2.3 "Worker" refers to a Nepalese citizen employed in a foreign country. 2.4 "Recruiting Agencies" refers to Foreign Employment Recruiting Agencies. 2.5 "Law" refers to the Foreign Employment Act 2042 B.S. (1985), Foreign Employment Regulation B.S. 2056 (1999), and the laws of Nepal.

3. NAFEA Code of Conduct: Foreign Employment Recruiting Agencies must strictly adhere to the following Code of Conduct:

  • Should refrain from engaging in any foreign employment activities harmful to the nation.
  • Prioritize the protection and promotion of the common good, avoiding actions that undermine social values, dignity, and principles.
  • Must not misuse political influence in recruitment activities.
  • Respect the rights of workers and their families involved in foreign employment.
  • Resolve conflicts within enterprises through peaceful mutual discussions.
  • Ensure that workers are not sent abroad without a proper foreign employment agreement.
  • Promote transparency in their operations, including service charges and promotional expenses, maintaining detailed transaction records.
  • Avoid any immoral, illegal, or unfair competitive practices for financial gain or status.
  • Ensure workers receive maximum benefits without unnecessary expenses due to unhealthy competition in commissions.
  • Foster a harmonious environment among agencies, promoting mutual respect and cooperation.
  • Ensure timely completion of work assignments for workers.
  • Clearly communicate to workers the expenses involved in foreign employment, such as service charges, airfare, and promotional expenses.
  • Refrain from sending workers to undertake menial jobs, tasks harmful to health, or roles involving discrimination, suppression, or humiliation.
  • Provide necessary training to workers before deployment and prioritize trained individuals upon demand.
  • Establish and maintain a comprehensive database of workers.
  • Educate workers about the political, geographical, and legal aspects of their destination country, as well as their working conditions and entitlements.
  • Ensure fair selection processes for workers, free from discrimination based on caste, creed, gender, race, or ethnicity.
  • Provide preferential treatment and facilities to women, ethnic minorities, tribes, and other marginalized communities during recruitment.
  • Adhere to national and international labor standards in all operations.
  • Actively participate in social initiatives and collaborate to resolve issues affecting recruiting agencies.
  • Conduct economic and social programs in districts with a high number of foreign workers.
  • Organize community service activities such as blood donations and support for disadvantaged groups.
  • Support the education and skill development of workers' families through NAFEA or other social organizations.
  • Regularly organize educational and communication programs on safe foreign employment.
  • Appoint and monitor representatives as per agency requirements, ensuring adherence to agency rules.
  • Maintain comprehensive records of staff qualifications, appointments, terms of service, and office management practices.
  • Uphold and promote the Code of Conduct among members and stakeholders.

4. Grievance:

  • Complaints regarding violations of the Code of Conduct by any Recruiting Agency may be lodged with the Association.
  • The Discipline Committee may request details and documents during investigations into complaints.
  • A fee of Rs. 100 should accompany the complaint, specifying the alleged violation and providing supporting evidence.

5. Confidentiality:

  • The identity of complainants shall remain confidential until the investigation is concluded by NAFEA or the concerned committee.

6. Investigation:

  • NAFEA shall follow prescribed procedures before penalizing any Recruiting Agency found to have violated the Code of Conduct.
  • The accused agency shall be given an opportunity to present its defense and refute allegations before any action is taken.

7. Discipline Committee:

  • A Discipline Committee shall be appointed by NAFEA to investigate complaints, consisting of a Chairperson (selected from among Vice Presidents), an Association Advocate, and a Secretary (General Secretary or appointed member).

8. Penalties:

  • Penalties for Code of Conduct violations by Recruiting Agencies may include verbal or written warnings, temporary suspension of membership for up to one year based on the severity of the offense, notification to the Department of Labor and relevant diplomatic missions, and public notification via national newspapers.
  • Compensation measures shall be considered for any losses incurred by individuals due to the agency's misconduct.

9. Timeframe for Complaints:

  • Complaints must be filed with NAFEA within 35 days of discovering the alleged violation.