Operators of Nepalese manpower agencies registered with Malaysia’s Foreign Worker Centralised Management System (FWCMS) have become unreachable as Nepal’s Department of Foreign Employment examines how the firms were selected to provide recruitment services in Nepal.
The FWCMS lists 25 Nepalese agencies as primary recruiters and another 250 as secondary agencies. In practice, this means that only agencies on the list are permitted to recruit Nepalese workers for Malaysia.
The limited number of selected firms has prompted concern in Nepal about a lack of transparency and the possibility that recruitment could be concentrated in the hands of a few companies.
Government inquiry
After the agencies were added to the list, the Ministry of Labour, Employment and Social Security directed the Department of Foreign Employment to investigate their selection.
The department has requested explanations from the agencies and assigned investigators to examine the 25 primary recruiters. The people who operate the agencies have also been summoned to provide statements.
The inquiry is expected to establish how the agencies were selected and registered, and whether the process complies with Nepal’s foreign employment laws.
One operator arrested as others become unreachable
The Department of Foreign Employment obtained authorisation from the Foreign Employment Tribunal to arrest the operators of the 25 primary manpower agencies.
But after police arrested Rabin Gurung, operator of Trust Nepal Manpower, those running the other agencies became unreachable.
One agency operator said some of the people involved had left Nepal. Some were reportedly in India, while others may have travelled to Malaysia.
Supreme Court orders release of detained operator
Gurung was arrested on October 15 and remanded in custody. Advocate Uddhav Kumar Karki challenged his detention by filing a habeas corpus petition with the Supreme Court.
The court found that Gurung had been unlawfully detained from the outset because of jurisdictional and procedural problems. It issued a habeas corpus order under Article 133(2) of the constitution.
The court also directed the Department of Foreign Employment to contact Kalimati Police Circle and arrange Gurung’s release in connection with the case, unless he was required to remain in custody for another legal matter.
Gurung was released.
Labour minister directs police to act
On October 14, Labour Minister Ramjee Yadav summoned the head of the Nepal Police Central Investigation Bureau (CIB) to the ministry and instructed him to take action against the operators of manpower agencies listed under the FWCMS.
The department is still trying to obtain statements from the remaining operators. It has also issued a notice requiring those subject to arrest warrants to make contact within 35 days.
Further legal action will follow if they do not comply.
Nepal’s manpower sector objects to Malaysia’s recruitment policy
Malaysia’s decision to permit only a limited number of Nepalese agencies to recruit workers has raised concerns across Nepal’s manpower sector.
Recruitment stakeholders have asked why Malaysia selected just 25 primary agencies when Nepal has many more licensed manpower firms. They also fear the policy will restrict competition and give certain companies an unfair advantage.
The issue has become a major concern in Nepal’s foreign employment sector, as Malaysia is an important destination for Nepalese migrant workers.
The government’s investigation is expected to clarify whether the selection process involved any irregularities and whether the FWCMS complies with Nepalese law and serves the country’s interests.