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Législation nationale sur le droit du travail, la sécurité sociale et les droits de la personne

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Nom: The Emigration Rules 1979.
Pays: Pakistan
Sujet(s): Travailleurs migrants
Type de loi: Règlement, Décret, Arrêté, Ordonnance
Adopté le: 1979-05-26
Entry into force:
Publié le: Photocopy, 6 p.
ISN: PAK-1979-R-37916
Lien: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=37916&p_lang=fr
Bibliographie: Photocopy, 6 p.
Résumé/Citation: These Rules regulate the conditions for emigration and recruitement of Pakistanis for work abroad. With some exceptions, all recruitment is subjected to a licensing requirement. The Rules detail the conditions for obtaining such a license. The emigration and recruitement procedure includes a review of all demands for labour by a "Protector of Emigrants" who may grant or refuse such demands. He is also in charge of the selection process, during which it must be established that the recruited workers have the required qualifications and that they fully understand the terms and conditions of service. The recruitment agent organizes the travel abroad of the recruited persons, but the cost is to be borne by the employer. The employer is also to bear the return travel expenses of the recruited worker upon expiration of his contract, unless the contract provides differently. Return travel expenses are however the responsibility of the recruitment agent if the recruited worker is not hired by the employer abroad because the worker is found unfit. The Government is entitled to fix minimum wage levels as well as other terms and conditions in contracts for employment abroad. The minimum age for employment of women as domestic workers is forty-five years. Exceptionally the minimum age limit may be lowered to forty years. Subject to a written decision to the contrary, the emigration of unaccompanied persons under eighteen is prohibited. The Welfare Fund, established by these Rules, is dedicated to the social and economic welfare of emigrants and their families. The Fund can be used for, inter alia, the establishment of vocational training institutions or other educational institutions, as well as the establishment and management of, or investment in commercial, industrial or service enterprises. The Rules institute a complaint procedure through the Labour Attaché abroad for emigrated workers in case of violations of the contract of employment by the employer. After having been selected, recruited workers must deposit a fixed fee which partially finances the Welfare Fund and partially represents the recruitment agent's fee.
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