Introduction:
India is one of the major skilled/semi-skilled manpower-exporting countries in the world. As per the statistics the size of the Indian community in Kuwait is around one million. Labour Wing plays the role of a coordinator & facilitator by providing redressal to grievances of large number of Indian workers residing in Kuwait.
Help Desk & Labour Complaints Desk:
(i) Provides guidance to Indian nationals on routine immigration, employment, legal and other issues, (Open from 8 AM to 1 PM and 1.30 PM to 4.00 PM, Sunday to Thursday).
(ii) Labour Wing of the Mission registers complaints of aggrieved workers and tries to resolve them in coordination with Kuwaiti Authorities.
Attestation of Work Contracts:
(a) Private Sector Workers (Visa No. 18): Work contracts are required to be attested by the Embassy in case of direct recruitment of ECR passport holder Indian nationals.
Set of contract forms for recruitment of individual worker (Visa Article No. 18)
Set of contract forms for bulk recruitment of workers (Visa Article No. 18)
(b) Domestic Sector Workers (Visa Article No. 20):
According to MoU on Domestic workers between state of Kuwait and the Republic of India, a labour contract approved by Kuwait law is mandatory. It is also required for seeking Emigration clearance in India. Work contracts, in prescribed format, are to be submitted to the authorized outsourced agency located at 19th Floor Behbehani Building, Sharq, Kuwait City (Phone 2241 2882 and 2241 3883) (open from 0830 HRS to 1600 hrs Saturday to Thursday).
A set of documents, including the prescribed format of the employment contract, contact details of outsourced agency can also be obtained from the Embassy or downloaded from the Embassy website:
https://indembkwt.gov.in/pdf/Employment%20Contract%20-Visa%20No.20.pdf
Note: The above is the prescribed fees and there are no hidden charges in the above mentioned fee structure. If, more charges are being demanded for the attestation of Employment Contracts in addition to the mentioned above, please bring it to the notice of Labour Wing, Embassy of India, Kuwait.
e-Migrate system:
A web-based attestation and clearance system known as e-Migrate, implemented by the Ministry of External Affairs, New Delhi. The e-Migrate system fully automates the operations of offices of Protector of Emigrants (PoE) and Protector General of Emigrants (PGE). Also all key stakeholders in the emigration lifecycle like Indian Missions, PGE, PoE, Employers, Recruiting Agents, Emigrants and Insurance Agencies are electronically linked on a common platform. More details of emigrate system can be obtained from emigrate.gov.in.
Use of e-Migrate System by Foreign Employers:
The system has been developed to allow FEs to apply on line for their Demand approval. However, to apply online, the FE needs to obtain user ID and password by uploading the following details of the employer / company and thereafter submit the hard copies of the uploaded material (with English translation) to the Embassy for scrutiny and final approval.
i. Commercial license,
ii. Chamber of commerce license,
iii. Authorized signatory,
iv. Civil ID of the sponsor and
v. Duly filled in FE Letter (available on website) (http://www.emigrate.gov.in)
On receiving the application of the FE:
a) Labour section of the Embassy verifies the details.
b) The Competent Authority approves or rejects application for granting access to FE based on the scrutiny of the documents and verification of the applications’ credentials,
c) If approved, the FE would be allowed to use e-Migrate system and would receive login credentials to access e-Migrate system further.
d) FE applies online for demand approval and attestation.
e) The entire process of approval will be through eMigrate system, and required details will be uploaded by the respective FE himself.
f) FE to submit demand details on eMigrate portal using its id and password.
g) If FE proposes that the recruitment for such demands will be done through some Recruiting Agents (RA), then, FE to deposit requisite fee with the Embassy for attestation of the documents.
h) If FE proposes direct recruitment, then it is mandatory that the contract of the workers for ECR category to be attested by the Embassy.
i) eMigrate system automatically approves the Demands where recruitment is to be done through licensed RAs, if demand details satisfy the prescribed criteria such as Minimum Referral Wages (MRW) in the Embassy website.
j) In other cases, Embassy officials scrutinize demand application and gives approval on the system.
(For further information please follow link : https://emigrate.gov.in/ext/help.action)
Note: Foreign Employers are advised NOT to share their login ID and password with outsiders/temporary employees (Mandoup) and Recruiting Agencies for its possible misuse.
LEGAL ASSISTANCE: For initial advice on legal issues, may contact the lawyers/Law firms in the Panel of Lawyers of Embassy. The list is available at: https://indembkwt.gov.in/panel-of-lawyers.php.