No.Z-11025/392/2013-Emig Government of India Ministry of Overseas Indian Affairs (Emigration Section) 1021, Akbar Bhawan, Chanakyapuri, New Delhi, the | 9 July 2014 To All Protectors of Emigrants Subject’ Submission of Employment Contract signed by both Foreign Employer (FE) and intending emigrant® and countersigned by the Recruiting Agent (RA) — revision of eWakala instructions for Saudi Arabia, Sir, In partial modification of the circular issued by Ministry of Labour vide No. C- No.11011/25/2003-PGE-I, dated 14.11.2003, | am directed to inform that inputs have been received by the Indian Mission in Riyadh that the competent authorities in the Kingdom of Saudi Arabia (KSA) do not issue a Specimen Employment Contract in the prescribed format for clearances given on e-Wakala system. This has become the root cause for several problems to ECR category workers, who emigrate to Saudi Arabia since they neither have a valid Employment Contract nor is the salary mentioned in the e- Wekala 2. As per the earlier order of 2003 the Specimen Employment Contract was individually executed by the Indian worker and countersigned by the Recruiting Agent (RA) who had been authorized through the e-Wakela and this was submitted in the concerned POE offices together with a copy of the e-Wakala (in both Arabic and English, both duly authenticated by the R.A). Besides, the RA submits affidavits in support of their submissions being factually correct and relevant to that submission and that the workers would work in the same company for which they had been recruited, that the translation of the Arabic version to English is true and authentic. The R.A also submits that he takes full responsibility of the content of the documents submitted by him and that he would be responsible for all consequences arising thereof in case his submissions are found to be false or incorrect. 3. However, in view of the problems being faced by the Indian workers in Saudi Arabia particularly with regard to issues relating to salary and employment conditions, which can be altered to the disadvantage of emigrants under the same Employer or a different Employer by unilaterally entering (even forcibly) into a fresh Employment Contract, it has now been decided that in all cases of submissions made by RAs for emigration clearance of workers on the basis of €-Wakalas, the RAs shall submit Specimen Employment Contracl/Agreement similar to other ECR countries as detailed below () Copy of the specimen employment contract/agreement, as required under Sub Section 3 of Section 22 of the Emigration Act 1983, read with Rule 15(2) of the Emigration Rules 1963, the original of which has signature of FE, should be signed by the intending emigrant and counter signed by the RA and the same should be made available by RA to the POE for obtaining emigration clearance (sample enclosed). L . AeA ror ysnya AD AN Sie SSE AT IT STE, Under SiS ts ove of ne a tT sina Setsnes in ote Se en, greta pion Mtowsh, Hew Boni i002(i) The RA will include the following point in the affidavit to be submitted by him to the POE along with application for emigration clearance: “That the actual employment contract’ agreement submitted with the application of emigration clearance is genuine and duly signed by the concerned foreign employer and the intending emigrant and that the same will be filed/submitted, as per local laws, to the concerned labour authorities in KSA for enforcement purposes.” These instructions will be effective from 1st August, 2014 and supersede all previous instructions on this subject. Yours faithfully, Encl: As above. —fienan™ (Sami Ahmad Khan) Under Secretary to the Government of India us_emig2@moia.nic.in Tel: 011-24197924/Fax 011-24197944 et ate RoosEMPLOYMENT AGREEMENT uu Name & Address of employer Telephone No Visa No Date of issue ieleved oes FIRgTPARTY mins agree™men"/a" ar tnoign Nationa nate! pe sssuedat ates ang resident of vmered 19 as SECOND SAATY nave agreed 4S 2 cows vag of re ellectne ave cr 7S agreamant IF second Party shai work for (™ gecordance wath ine terms ol ss agreermeon! 2° Furst Patty ot any supplements inervic 3 atineHeac Ollie orbrarcnes ar anyorganzation assec-ater 2 scocperalie’ wt 2 Thus agreement shal: bacome eltective 28 31 ihe es in Sac fag! gate on whicn the Second Pay a” aratya. stated ai ine bottom of IE neteo! and shat: be i !2rce fo" 3 080 o Gregoran/hiyran years ew rod of years uncer ine seme term 275 ‘concitions unless either pany expresses ™S COS no! tosenew this agreeran! atleast 3, The Eval Pany shai pay 10 tre Secor Party duerg the Iattars pertormance of ™s cutee & ‘monthly satary 0! SP oy First Panty wit provice ‘ree sutabie accor: mmodaon wih lurnsstengs te the Seconc Paty 5 The First Party wil orovige 10 tne Secora PS" free loos (three reals day) & The Secono Party © vacation o! gays atte’ eac! OI coninueve senuce under is Agreeme ne antes ts we've mori"s Salary for vacation sha: Ge pae naovence Juss ss Gasset! Gad olyieg Jt spel fe Silos pt ES me pe ph ye a get oe Wesel (CY peta i yt Sip JY! htt 5d ped oD tay eo! opeeraemeere ir) Lesh sage asad LL pr Sil aes gat oe eel alg | + So meta go Sip Sel Seat IE zee bah Lathes yp Sey Maat vparpal HY bat page Shy oa Se Pek Bey ish at a ol oP haat a Tes pe Uy Te i Leaks slat Ue sean oot sul Ss als JR pL! Sel) uot oe) ove Se By yet SL obey his pee ptt ae pe | pt) bbb ot! pv Ge stony 295 Une pa AT SB yh pit ape ox sae Ree Sule oll i) See sui tae as Gene BLE Laake SLAY) ode yooh hss Hb! Ie aeFree medical treatment shail be prov.ced By Fst Party as per Saudi Labov’ The Firet Party shalibear the cost of transporialon ol the Second Panty trom boar {economy ciass) for the ‘ites ncornng IP DB- Tore the elfective dale of inis Agreement and MS seluin alr ¢gtermanation agcomparred By anc The First Party shaliear ai lees perlanng (ores ence, pacspor eniry ang ext visas os wo! 35 ost of transportation of te Second Party on 2 voanawrpat aconomy class ai fareaccornaned by and peween and vanere the Second Paity shail speno he vacation gree alter each of one/two years o! unintertunied Lew sewee The Secone! Party snail Dea! ari nincs of axes for which he wabie under the provision of Ine ‘aws and requiahons in force sf the Kingdom o! Save prada ‘The employment of the Secona Pany. under Ine ail matie's rel present agreement 9 reSPE ding © working nours. week'y fest, sick 'eave gases of absence injures, oFsenity. and death fang as regard lermnaticn cl services and com * pensation due to the Second Party 9 the form of anend.ol-service award, 2 WE (asin ali matters: tor wach this agreement ooes not contain 2 pectic provision. shall De governed By provsl ere ol the Labour and Workman's lawn free 7 the ingaom af Saud? shali constaule tne thor patly can mvoxe 12 The Second Parly must ose regulavons end insiiucions issued by the Fst Party and rust $0 conduct himself 26 1 av010 anything that woulo detract Irom ns reputation or the reputation of tne First Pany The Secone Party ano Arabia which provisions only terms ut reference which rve al rules mist atso absde By 2 general ang ioca: ‘ews reguietions force wilt pounders of the Kingdom of Saud: A809 ‘The Second Party shall nave no ngntto ovectiy O° indirectly perfor any 100 oF Service. oF engage" any cormmeresal achvily except 28 285.9700 1° um by the First Party. as 1ong as this Agreements inellect 1a Tne Second Party agrees Io depart ror the Kingdom of Saud) Arabia mediately upon a 2 temnioval (a3 Gg ¥ o Ji pails Goat al 2 so Caged les Se dla LY! ll By (y jap nl an eh a as NF I Jade (4 % J e ai)! el! ae Saplly sit a fe Lat ppenesl) TALS JV! I Jae ( pial slastay obras Jl) Ss orgs Goel Bish Dall ge See jie uly! dante USy cals Taya bly Las tt bl! 3} susie tel bel (Rael! Leakll So Sli pail gil aS pt kl Jenks ( opel gave we aa ReLLI 3 ey pat! Last “sil 13a aagay pelt Sipbll pl aaiel EAS Telly Jaa!) olelen bat! ayAVl UIE pans badly chal aly Gebatl BL eel Spacey Ly oles oly GLE Lay TUL Je Sy skh EGE FUL Bae Oe Bl AH all Naa 9 gold Gat Lie ae ol yal a! cae TELL, ged ge Sealy Jae Git plSaY engl gael pSV! oda Batty Gael Gal scabs 52 SO a) psa a ob Lt abl Je are iia ang) LY! ipbll Lynne Al shah UM) yh ag) Gane Gt gas Ca ie Talal LabiY) panne pp ob gill Babi do Tua pals and We aad SST Sat Ragen Seal gptles Bayar Jase ct ptt abl Se We gales Soe gh Leak yf Hila lO ttle NT igh bo Legg al Nk ayyall habla) iyolbe po stl A SH Shy op all al Jab Ge sa 1 st at Spy! pk aye, SLR, Le 3 YY aa easel oben\an termination of ins agreement by echer party Becordance with its terms excep! | he remans nv the Kongcom with ine agreement of the F 3! Pari, and ihe authont-es concemed 'S Ths agreement may be temnatea n any o! xe following cases '2) Al any time by a 30 days watien nouce roms siher of the two parties or immeciatety upon Serving such notice and aller mang to tne other pany a payment of wages otice period of 30 days (0) By the Firs: Party. winout need for any notice © cash payment i ueu there af er awaro of compensation by reasons of any infractons Committed by the Second Party. deiermneg Dy the Labour ane Workman Law in Aricie 83 thereat (©) By the Fist Party. in ne course of the est inree ‘months which shal! be considered a pronation Period under tne provisions of the avy in which GaSe Ine First Party wit bear the cosi ol rans. Bontation of the Secona Panty 'n Gese Ol death of Secona Party in Savy) arabia while employed wen the First Party in terms of th ¢ Contract it would be the -esponsitw ty of he Firs, Party t0 despatch the deac bocy anc persona Belongings 10 Hs next of kin wa the county of ne origin 17 Both panies acknowledge that iris Agresment Cancels and supersedes all agreemenis prior ine date thereol, il any anc atte: ne execuion ot this agreement neiiner party shal clare 10 nave any MQM prwvege. oF deneiit other than ihose mentioned herein. Exception is however made in respect of ine Second Panys right. 19 sn encotsenice award and unuitisea annual wacatons upio Ihe date ot execution of ing Agreement 18 The First Paty acknewlecges that shal be tuly esponsible lo: payment of oeath compensation including blood money. on behail of the Secong Patty should ihe atterbeheidguity ofcausingine X] death of ¢ td pany and is required to ay any Compensation, inciuding Bod money. to he next ofkinot the deceased 19 This agreement has been crawn up in inpicete one copy for each party anc the third copy to be Ce 9 eu of the 16 \ SAY SY gue! 5 i Va eles! yee (ve Plies 1 ptt ois y (1 Sh AY! AU NS! pa agi A oe Mee EB SIV! be yoy Lads lia PIS SN Gt ose LH its ge (G Smet teat abe Ge Sy gs) waa ED SS US 8 Gt oe tan (AT) Sale 3 Jlaally Jaatt SOM 2H ISL) Ga Be a Se pl Et a yay hc) Be ps ih eos! se Ye U8 Gu aL say etl Siu Repl Seal SUL tH yt tay Ue ‘ SH tt SS yt Stl gt He tL Soh sb oily sun os Bev! oath OS de Joos See al ha SLL Sty c HAE ey Sng Sf Se I yo LL oy dat SI ee ead SN A oF ou a a Ail Ha 985 hae Cake Gal HS Fe as tH in gs Se rin Meat ne a ony, Gaur sia i 3h = AE Bp Yates IS GL hl pity (vs Se All ht Se Bs Ba) a a sag Se cs 2 ll iy 3 Yet all PAH By UI Gat tt Se jaa ete Bey so at aa a (a se yl ite 3 ea) Ct ae SNR hl de pig we 1 Gy SA a ade adele Lge Gull Z wsLe *epl n the Second Party's file with the First Paty all copies having been signed by the two partiesin acknowleogement of therr agreement to the con ‘racis thereat in the presence of the witnesses for 'sexecution This employment contract wil be the only vais Contract, and any subsequent coniract entered Into between the employer ang employee in su. Delitution of this contract will nave no valiaty vis- 2-16 ths agreement A represeniative of the indian Embassy in Saudi Arabia ¢an visit camp sites of Ingian workers to ‘nepect living and working conditions ana ther. We GAM he sl Sly pail ssl hl Na yy Ye Mepd allne ins Y Ha Jas Jabal) Jaalt aL aba big late Seen Gapall SLL aig LL Gaby! (FI pallnad Cpa ap tgll Jl gis hay 5a pesky Lillis) Gal UE bab ly 6 3 aha) Ca ality a ce LU {st eS alot oo bee SN Gt the, wal waltare . Erther party can terminate mis agreement any tee forge all a Sb aa Defore ns expiry by Ging 30 days notice to the Sila other pay The effective date of this Agreementis Conesaonaing 10 Employers Signatur pe ey aig sag aa a8. SAN b yas Bau aes Sai f Seal {Indian Embassy) (Hiniatey of Foreign Attal (Chamber of Commerce) {In Case of Named Contract Hi pel ae ade I) Bites