Q: Can the Indian Embassy help me in claiming my dues (salary/compensation/insurance, etc.) after my return to India?
A: Yes, this is possible. You can approach the Embassy/Consulate along with all supporting documents to enable them to take up your case and follow up with the employer/sponsor to claim your dues. You can also register your complaint/grievance on the MADAD portal or make a complaint against your Recruiting Agent (RA) on the e-Migrate portal. Once the claim is processed, the amount will be sent to you as per procedure.
Q: What documents are required for registering my grievance regarding my repatriation at the Indian Embassy/Consulate or on the MADAD Portal?
A: A copy of the valid Indian Passport along with the relevant visa pages, a copy of employment contract, and the contact details of Recruiting Agent and the Employer/Sponsor abroad. It will also be useful to provide details of a close friend/relative in India, to help contact them in the event of an emergency. A brief description of your grievance would also be required.
Q: What is PravasiBharatiyaBimaYojana(PBBY)? What are the services covered under it?
A: The PBBY is a mandatory scheme for all ECR category workers going to ECR notified countries. It provides coverage against accidents, death and permanent disability for the insured person. The maximum sum insured under the Policy is Rs. 10 lakh. The scheme also provides limited coverage towards hospitalization, transportation cost of mortal remains based on actuals, repatriation cover for medically unfit persons, family hospitalization in India, maternity, attendants and legal expenses. Efforts are underway to expand the scope and coverage of the scheme.
Q: I had signed a two-year employment contract with my employer but want to return to India before its completion. Do I need to pay back the cost incurred on my employment (for agent/visa/travel/medical tests etc.)?
A: Usually, there is a clause in the contract that deals with this possibility. This would normally apply. Even where there is no such clause, it is likely that the employer may ask you to refund the cost incurred on recruiting you and bringing you to that country for employment. (towards the agent/visa/travel/medical tests, etc). The amount involved would depend on how much of the contract period you have already completed. In cases where your employer does not agree to your request, you can approach the local labour court to waive that amount or request your Recruiting Agent to intervene with the employer for a fair settlement.If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal
Q: I do not have a proper contract with the employer. What should I do?
A: It is necessary to sign a proper contract for your work, to be able to adequately protect your rights. Only a contract will help you defend your interests in the event of a dispute leading to a case at a local labour court.
Q: The employer has extended my contract without my consent. What should I do?
A: The employer is not allowed to extend the contract without your consent. If the employer has done so, you can lodge a complaint at the local labour court. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal
Q: Is it okay if the employment contract is signed only by me (only one party)?
A: No. A proper contract should be signed by both parties to be able to protect their respective rights. Unless the contract is signed by both, you will not be able to defend your interests in a labour court or in any other forum. Please ensure before you leave India that you have a proper contract signed by you and your employer.
Q: My employer has not paid my salary/dues and is also not sending me back to India. What should I do?
A: You need to lodge a complaint with the local labour office. They normally intervene to resolve such problems.In cases where you do not get a reasonable solution, you can approach the local labour court or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: The employer/sponsor is violating the work contract signed with me; a)If I go to a local court, will the Indian Embassy/ Government help me? b) Can the Embassy hire a lawyer for me?
A: You need to file your case yourself or with the help of an attorney to be appointed by you.The Indian Embassy/Consulate can provide you an interpreter/translator to assist you in court proceedings, if required.
In cases where you need legal assistance, you may approach the Indian Embassy/Consulate. Initial legal assistance can be provided in deserving cases, where other options have been exhausted.
Q: Where should I lodge a complaint if have been subjected to physical abuse by my employer/sponsor?
A: Wherever you are a victim of physical abuse by your employer/sponsor, and you are injured as a result of such abuse, you should lodge a complaint with the local police and insist that a medical examination be undertaken to record your condition. This will help you successfully defend your case in a court. You can also approach the nearest Indian Embassy/Consulate for assistance, or register your grievance on theMADAD Portal -www.madad.gov.in
Q: When I lodged a complaint with the police and the Indian Embassy, the Sponsor/Employer got angry and started abusing me more. What should I do?
A: You should lodge a complaint with the localLabour Office/Court. You should also immediately inform the nearest Indian Embassy/Consulate again to enable them to provide you the maximum possible assistance. If you are unable to leave your place of work, you can also register your grievance on the MADAD Portal or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: I got a Job in a foreign country and arrived in that country. The foreign employer is forcing me to sign a contract that reduces my rights compared to the original contract I signed in India. What should I do?
A: You need to lodge a complaint with the local labour office. They normally intervene to resolve such problems.In cases where you do not get a reasonable solution, you can approach the local labour court or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal - or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: I was promised a particular job as per the job contract I signed in India with my foreign employer. However, after my arrival in the foreign country, I am being forced to do a different job which I am not prepared to do. What should I do?
A: You need to lodge a complaint with the local labour office. They normally intervene to resolve such problems.In cases where you do not get a reasonable solution, you can approach the local labour court or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal - or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: My relative, who is working as a housemaid in a foreign country, is being harassed and physically assaulted by her employer. Where should I complain?
A: You should first lodge a complaint with the local police authorities and also get in touch with the Indian Embassy/Consulate. You can also register your grievance on the MADAD Portal - or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: I have an ECNR Passport and I negotiated my employment contract directly with the foreign employer. I now have serious grievances regarding violation of contractual terms by my employer. Can the Protector General of Emigrants (PGE) help me?
A: PGE will be able to help only where you have been recruited for work abroad through a licenced Recruiting Agent accredited with the PGE. If you hold a ECNR Passport and have directly negotiated your employment terms with a foreign employer who is not accredited with the PGE, it will not be possible for the PGE to intervene on your behalf. You can directly approach the labour department of the foreign country concerned and lodge your complaint with them. You can also register a grievance on the MADAD Portal - for assistance from the Indian Embassy/Consulate wherever possible.
Q: I was promised a job in a particular country as per my contract. However, after my arrival there, I am being forced to go to another country. What should I do?
A: You need to lodge a complaint with the local labour office. They normally intervene to resolve such problems.In cases where you do not get a reasonable solution, you can approach the local labour court or request your Recruiting Agent to intervene with the employer for a fair settlement. If you face problems in this regard, please approach the Indian Embassy/Consulate concerned for advice/assistance. You can also register your grievance on the MADAD Portal - or call the Overseas Workers Resource Centre (OWRC) for assistance.
Q: My relative died (or was injured) while working abroad;
a) Can we claim death (or injury) compensation?
b) How can his family or legal heir claim the compensation?
c) What happens if the sponsor is not paying the death compensation?
d) What should I do if the court has awarded compensation but the same has not been paid by the foreign employer or sponsor?
A: Yes, you would normally be entitled to compensation if the death (or injury) occurred during the course of work. This would depend on the terms of your contract and the labour laws (and insurance schemes) applicable in the country of work.
Note: There may be some countries where domestic workers are not covered under any insurance scheme. In such cases, you may not be able to claim compensation. Please take care to inform yourself well on these aspects before you accept a job as a domestic worker in a foreign country.
Spouses and legal heirs can apply to the employer for compensation against the death of a worker. They can also appoint an attorney abroad to pursue their compensation claims or authorize the nearest Indian Embassy/Consulate to pursue such claims on their behalf. Kindly approach the concerned Indian Embassy/Consulate for detailed procedure/requirements. You can also register your grievance on the MADAD Portal -www.madad.gov.in
In such cases, you need to seek legal remedy through the local court.You may also approach the Implementation Cell of the Governorate/ Sultanateto press your claims. For help from the Indian Embassy/Consulate in following up your claim, you can also register your grievance on theMADAD Portal - www.madad.gov.in
Q: I have filed a case to claim compensation in respect of a death/accident while working abroad;
a) How much time does it take to get the compensation?
b) Will the claimed amount be sent directly to the account of the legal heir?
A: - The process varies depending on the circumstances of the injury/death. The time taken to settle the compensation claim also therefore varies from case to case. It can take anything from a few weeks to a few months, depending on the complexity of the case.
- As per standard practice, the amount will be remitted by the Embassy/Consulate through the concerned District Magistrate/Collector in India. Alternatively, the amount can also be transferred by the Employer directly to the claimant.
Q: My family member died in a foreign country due to a heart attack beyond working hours. Can we claim death compensation?
A: Compensation is usually not granted in a death case not related to work. This may, however, depend on the terms of your contract/insurance and local laws. You could call the Indian Embassy/Consulate in that country or the Overseas Workers Resource Centre (OWRC) for advice in the specific circumstances that relate to you case.