Essential Guide to Hiring Indian Workers: e-Migrate Registration and Rules for Foreign Employers
Foreign Employers (FEs) seeking to hire Indian workers must register on the e-Migrate portal. For small FEs—defined as individuals or entities requiring up to 10 workers annually—registration is facilitated by an Indian Recruiting Agent (RA).
Unique Passcode Mechanism: To enhance security, a unique passcode is emailed to the Foreign Employers upon registration. This passcode enables the FE to authorize other RAs for recruitment.
Deactivation of Inactive IDs:foreign employers IDs with no recruitment activity in 12 months are deactivated. Re-activation requests can be sent to the e-Migrate helpdesk.
2. Demand Generation and Recruitment
Once registered, foreign employers can raise demands for workers via their RAs. Key provisions include:
Limit on Worker Recruitment: Recruitment is restricted to 10 workers annually for small Foreign Employers.
Demand Processing Timeline: The recruitment process must be completed within 45 days of raising a demand. Unused job vacancies are automatically released back to the annual quota.
3. Role of Recruiting Agents (RAs)
RAs play a pivotal role in facilitating the recruitment process:
Demand Raising: RAs can raise demands on behalf of Foreign Employers, provided they have the foreign employers ID and unique passcode.
Monthly Return Filing: RAs must file monthly returns detailing the recruitment of Indian workers. This is a prerequisite for Emigration Clearance (EC).
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Employment Contract Submission: Contracts must be uploaded within 60 days of EC approval and must be attested by the jurisdictional Indian Mission.
4. Emigration Clearance (EC)
The EC is mandatory for workers holding Emigration Check Required (ECR) passports. The RA submits the following documents during the EC application:
Valid employment contracts in the worker's name.
Proof of adherence to Pravasi Bharatiya Bima Yojana (PBBY) insurance policies.
A bilingual self-declaration confirming compliance with fee limits and job conditions.
5. Addressing Worker Grievances
RAs are accountable for resolving worker complaints, including repatriation in cases of contract violations. Complaints must be resolved within 90 days, failing which RAs may face penalties, including suspension of licenses.
6. Compliance and Penalties
RAs and Foreign Employers must adhere to the regulations laid out under the Emigration Act, 1983. Violations, such as furnishing false information or exceeding worker limits, attract penalties.