1982-03-24
“In 1982 GoB promulgated an Emigration Ordinance. The new Ordinance is the key regulatory instrument in respect to migration. The Ordinance only allowed persons with valid travel documents to emigrate. A letter of appointment or work permit from a foreign employer or an employment or emigration visa from a foreign government is considered a valid document (Sec 7/3/a). A person who is selected by a foreign employer through an organization or a recruiting agent recognized by the government under an agreement between two governments will also be allowed to emigrate (Sec 7/3/b). The Ordinance also empowers the government not to allow emigration of persons of a particular occupation, profession, vocation or qualification in the public interest (Sec 8/1). Under the Ordinance, the government is authorized to grant licenses to individuals and companies who wished to be engaged in recruitment for overseas employment (Sec 10). The Ordinance empowers the government to cancel and suspend licenses and forfeit security deposit if it is satisfied that the licensee’s conduct has been improper or is in violation of the law or prescribed Code of Conduct. However, such actions could only be taken after the licensee was given an opportunity to explain his position (Sec. 14/1). Illegal emigrations are punishable for a term of up to one-year imprisonment with a fine not exceeding Tk. 5000. It also contains provisions for penalizing unlawful recruitment efforts (Sec 20). Under the Ordinance, the recruiting agencies are prohibited to charge higher than the prescribed amount of fees for their services (Sec 23). The Ordinance has provisions for penalizing individuals who, in breach of contract with foreign employers, abandon their employment (Sec. 24)” (Siddiqui, n.d, p.10).
Siddiqui, Tasneem. (n.d). “Decent Work and International Labor Migration from Bangladesh.” Retrieved February 28, 2011 from http://www.rmmru.org/doc/publication/ILO%20Decent%20Work%20Final%204.pdf
NO. XXIX
Chief Martial Law Administrator
Bangladesh
Bangladeshi law for overseas workers
General relevance - all sectors
Policy analysis
(Im)migrants workers and Employers, agencies and their representatives
Law
English