Overseas Manpower Company Andhra Pradesh Limitedomc.ap.gov.in/downloads/Documentary...

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DOCUMENTATION FORMALITIES FOR A FOREIGN EMPLOYER Overseas Manpower Company, Andhra Pradesh Limited (A Govt. of Andhra Pradesh Undertaking) is managed by top Govt. Executives. OMCAP is registered with Protector General of Emigrants (PGE), Ministry of Overseas Indian Affairs, Govt. of India as authorized agency for Export of Manpower bearing Registration Certificate No. Rc.No. B-539/Hyd/COM/1000+5/8723/2011 dated 22-06-2011. Through OMCAP, Overseas Employers can have access to the massive reservoir of talent available in India. OMCAP being a Govt. organization, the Overseas Employers will be assured of dealings with a fast pace without compromising on efficiency and with reliability and integrity. To offer better and faster service, the following documents and information may be furnished to OMCAP for expeditious recruitment process by Overseas Employer as required under the provisions of Emigration Act, 1983, rules there under, of the Govt. of India and the rules of Reserve Bank DOCUMENTS & INFORMATION TO BE FURNISHED TO OMCAP: 1. A power of attorney appointing OMCAP as a recruiting agency in regard to Manpower Export is required to be duly executed by Overseas Employer in accordance with the laws of his country and the same should be attested by Indian Embassy/Consulate in the country of employment. (Annexure-I and Annexure-II) 2. The Overseas Employer should send a model employment contract duly filled in and attested by Indian Embassy/Consulate in the country of employment. (Annexure-III) 3. (a)The Overseas Employer shall send visa authority letter addressed to the Embassy/Consulate in New Delhi/Bombay/Madras authorizing OMCAP to get visa endorsements on the passports of selected candidates indicating therein the name of the persons of OMCAP or its nominee authorized to collect visas (Annexure-IV); (this formality is applicable only for the recruitment for Saudi Arabia) (b)SIJILAPHIE (Company Registration Certificate) of the Foreign Employer to be sent in order to enable OMCAP to obtain visa endorsements on the passports of selected candidates from Embassy/Consulate of Saudi Arabia in India; 4. Appointment letter in favour of OMCAP as recruiting agent for the overseas Employer in India is required as per the Reserve Bank of India Rules. (Annexure-V); 5. Application for a permit is to be made to Govt. of India for recruitment by a Foreign Employer as per Rule 11 (1) Emigration Act 1983. (Form No. VI enclosed). 6. The following information should also be furnished clearly; (i)The total number of persons for whom visa is sought to be issued and Sl. No of the visa given by the overseas Government; (ii) The visa authorization letters should invariably be endorsed by the Ministry of External Affairs of the concerned Overseas Government as well as well as the concerned Chambers of Commerce in the foreign country. 7. In case of UAE/Sultanate of Oman, 'Visa on arrival', OMCAP should receive the photocopy of the visa sufficiently in advance to arrange the departure of the selected candidates. 8. In case of visa for Bahrain & Iran, OMCAP must receive the original copy of the visa against which visa endorsement on the passports of the selected candidates from respective consulates in Bombay can be obtained; 9. The Foreign Employer must give work permits duly endorsed by the respective Government; 10. Two way travel passage must be provided by the overseas Employer to the selected candidates. Prepaid ticket advice (PTA) for onward journey must be sent or any of the Travel Agents in India should be authorized: 11. The Overseas Employer shall pay wages/salary and other allowances as per agreement and in tune with the wages prescribed by Government of India, Ministry of Labour; 12. The hours of work shall be in tune with the local laws and in tune with wages; 13. In case the selected candidates are required to work in places involving security risk or any other major risk, injurious to health, accident proneness etc., necessary risk allowance must be paid to them; 14. The selected candidates on landing at the place of employment must be provided with transport, accommodation, boarding, free of cost for the full term of employment / few weeks after the Employee reaches the Country of Employment as per the contract; Please Note that: 15. The Overseas Employer is expected to correspond with OMCAP only and not with the individual candidates seeking overseas placements; 16. The Overseas Employer shall furnish OMCAP a letter confirming its willingness to pay OMCAP acceptance of US dollars $200(for unskilled and semiskilled workers) and $400 for skilled workers and technicians per individual as recruiting and other fee and other charges to be incurred by this Corporation on account of the recruitment for the overseas recruiting organization, such as advertisement in papers/trade test etc. If the Employer wants service charges to be collected by OMCAP as per existing norms and rules the consent may be given to OMCAP to that effect and a formal Service Agreement to be entered. “Assuring you of our best services and co-operation at all times”. Please refer eMigrate Portal of Ministry of Overseas Indian Affairs, Government of India. Our ID number on eMigrate Portal is- RA 8723 MANAGING DIRECTOR For OMCAP LTD (OMCAP) Overseas Manpower Company Andhra Pradesh Limited (A Government of Andhra Pradesh Undertaking) AN ISO 9001: 2008 CERTIFIED RECRUITMENT COMPANY RC No.: B-539/Hyd/COM/1000+/5/8723/2011 dated 22-6-2011 Andhra Pradesh, INDIA

Transcript of Overseas Manpower Company Andhra Pradesh Limitedomc.ap.gov.in/downloads/Documentary...

DOCUMENTATION FORMALITIES FOR A FOREIGN EMPLOYER

Overseas Manpower Company, Andhra Pradesh Limited (A Govt. of Andhra Pradesh Undertaking) is managed by top Govt. Executives. OMCAP is registered with Protector General of Emigrants (PGE), Ministry of Overseas Indian Affairs, Govt. of India as authorized agency for Export of Manpower bearing Registration Certificate No. Rc.No. B-539/Hyd/COM/1000+5/8723/2011 dated 22-06-2011. Through OMCAP, Overseas Employers can have access to the massive reservoir of talent available in India. OMCAP being a Govt. organization, the Overseas Employers will be assured of dealings with a fast pace without compromising on efficiency and with reliability and integrity. To offer better and faster service, the following documents and information may be furnished to OMCAP for expeditious recruitment process by Overseas Employer as required under the provisions of Emigration Act, 1983, rules there under, of the Govt. of India and the rules of Reserve Bank

DOCUMENTS & INFORMATION TO BE FURNISHED TO OMCAP:

1. A power of attorney appointing OMCAP as a recruiting agency in regard to Manpower Export is required to be duly executed by Overseas Employer in accordance with the laws of his country and the same should be attested by Indian Embassy/Consulate in the country of employment. (Annexure-I and Annexure-II)

2. The Overseas Employer should send a model employment contract duly filled in and attested by Indian Embassy/Consulate in the country of employment. (Annexure-III)

3. (a)The Overseas Employer shall send visa authority letter addressed to the Embassy/Consulate in New Delhi/Bombay/Madras authorizing OMCAP to get visa endorsements on the passports of selected candidates indicating therein the name of the persons of OMCAP or its nominee authorized to collect visas (Annexure-IV); (this formality is applicable only for the recruitment for Saudi Arabia)

(b)SIJILAPHIE (Company Registration Certificate) of the Foreign Employer to be sent in order to enable OMCAP to obtain visa endorsements on the passports of selected candidates from Embassy/Consulate of Saudi Arabia in India;

4. Appointment letter in favour of OMCAP as recruiting agent for the overseas Employer in India is required as per the Reserve Bank of India Rules. (Annexure-V);

5. Application for a permit is to be made to Govt. of India for recruitment by a Foreign Employer as per Rule 11 (1) Emigration Act 1983. (Form No. VI enclosed).

6. The following information should also be furnished clearly; (i)The total number of persons for whom visa is sought to be issued and Sl. No of the visa given by the overseas Government; (ii) The visa authorization letters should invariably be endorsed by the Ministry of External Affairs of the concerned Overseas

Government as well as well as the concerned Chambers of Commerce in the foreign country.7. In case of UAE/Sultanate of Oman, 'Visa on arrival', OMCAP should receive the photocopy of the visa sufficiently in advance to

arrange the departure of the selected candidates.8. In case of visa for Bahrain & Iran, OMCAP must receive the original copy of the visa against which visa endorsement on the

passports of the selected candidates from respective consulates in Bombay can be obtained;9. The Foreign Employer must give work permits duly endorsed by the respective Government; 10. Two way travel passage must be provided by the overseas Employer to the selected candidates. Prepaid ticket advice (PTA) for

onward journey must be sent or any of the Travel Agents in India should be authorized:11. The Overseas Employer shall pay wages/salary and other allowances as per agreement and in tune with the wages prescribed by

Government of India, Ministry of Labour;12. The hours of work shall be in tune with the local laws and in tune with wages;13. In case the selected candidates are required to work in places involving security risk or any other major risk, injurious to health,

accident proneness etc., necessary risk allowance must be paid to them;14. The selected candidates on landing at the place of employment must be provided with transport, accommodation, boarding, free of

cost for the full term of employment / few weeks after the Employee reaches the Country of Employment as per the contract;Please Note that:15. The Overseas Employer is expected to correspond with OMCAP only and not with the individual candidates seeking overseas

placements;16. The Overseas Employer shall furnish OMCAP a letter confirming its willingness to pay OMCAP acceptance of US dollars $200(for

unskilled and semiskilled workers) and $400 for skilled workers and technicians per individual as recruiting and other fee and other charges to be incurred by this Corporation on account of the recruitment for the overseas recruiting organization, such as advertisement in papers/trade test etc. If the Employer wants service charges to be collected by OMCAP as per existing norms and rules the consent may be given to OMCAP to that effect and a formal Service Agreement to be entered.

“Assuring you of our best services and co-operation at all times”. Please refer eMigrate Portal of Ministry of Overseas Indian Affairs, Government of India.

Our ID number on eMigrate Portal is- RA 8723

MANAGING DIRECTOR For OMCAP LTD

(OMCAP)

Overseas Manpower Company Andhra Pradesh Limited(A Government of Andhra Pradesh Undertaking)

AN ISO 9001: 2008 CERTIFIED RECRUITMENT COMPANYRC No.: B-539/Hyd/COM/1000+/5/8723/2011 dated 22-6-2011

Andhra Pradesh, INDIA

ANNEXURE-I

(ON THE LETTER PAPER OF THE FOREIGN RECRUITING FIRM/EMPLOYER)FULL ADDRESS OF THE FIRM / EMPLOYER .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................Date:

POWER OF ATTORNEY

(Name and full Address of the Employer) ……….......................................................................…………………………………......………..…………………………………………………………………..........................................................................……………………...............……………………………………………………………………………………….here by appoint and constitute Overseas Manpower Company Andhra Pradesh Ltd.,, Hyderabad to be lawful attorneys and agents in India with immediate effect in respect of handing all matters concerning recruitment, enter into contracts with the selected employees, completion of immigration formalities including deposit of security, registration fees, etc., with the Protector of Immigrants, Government of India, and signing all necessary documents required by the said offices in connection with the recruitment of persons for services with (Name of the Company) the said Employer ...................................................................................................................................................................................................................………………………………………………………………………………………….............................................. Signature of the Head of the Foreign firm/ Employer Seal of the Foreign firm / Employer Place of Issue:Seen in the Embassy of India/ Consulate General of India.Date:(Seal of the Indian Embassy)

ANNEXURE-IIREQUISITION LETTER

(ON THE LETTER PAPER OF THE FOREIGN EMPLOYER / RECRUITING FIRM)FULL ADDRESS OF THE FIRM / EMPLOYER…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Dated:

M/s. Overseas Manpower Company,Andhra Pradesh Limited,(A Govt. of A.P. Undertaking)Commissionerate of Employment and Training3rd Floor,D-Block, BRKR Bhavan,Near Tank BundH Y D E R A B A D – 500 057 A.P.(I N D I A)

Dear Sirs, Ref: SPONSORING OF MANPOWER FROM INDIA We hereby request you to sponsor the following categories of manpower to work with our organization, under the following terms and conditions:

Sl. Category of jobs No. of Persons Salary per monthNo. Required in the currency of the country.

TotalThese employees will also be entitled to the following benefits and facilities which will be duly stated in their individual employment contracts.

(OMCAP)

1. PERIOD OF CONTRACT:

This contract is for a period of…… years from the date of arrival of the Employee in …………. and it is renewable for further period of …. Year with the mutual consent of both parties, at least one month prior to the expiry of the contract.

2. WAGES INCLUDING ALL ALLOWANCES:

The Employer agrees to pay to Employee wages of …………. Including all allowances, which will commence from the date of arrival of the Employee in ……..

3. WORKING HOURS:

The Employee will work for a minimum of 8 (eight) hours per day i.e. 48 (forty eight) hours per week.

4. LOCAL TRANSPORTATION:

The Employee shall be provided by the Employer with free transport facilities from his place of accommodation to work site and return.

5. HOLIDAYS:

The Employee shall be entitled to holidays as per ……. Labour Law as applicable to Public/Private Sector as the case may be.

6. OVERTIME:

The Employee shall work overtime, if required, and he shall be paid overtime wages as per ……. Labour Law regulations for Public/Private Sector.

7. ACCOMMODATION AND FOOD

Accommodation and food shall be provided to the Employee by the Employer.

8 PASSAGE

Free Air Passage from Hyderabad to ………………………. Will be provided at the time of joining duty and return passage to Hyderabad upon expiry of the contract. In case the contract is extended for further period of …… years, the same facility will be available to the Employee.

9. LEAVE/VACATION:

The Employee shall be entitled to leave/vacation as per ……. Labour Law for Public/Private Sector.

10. GRATUITY & OTHER FRINGE BENEFITS:

The Employee shall be entitled to gratuity and all fringe benefits under the Labour Law for Public/Private Sector of …………………………….(Name of the Country)

11. MEDICAL:

The Employee shall receive free medical facilities in accordance with the ……

Labour Law for Public /Private Sector.

12 SICKNESS LEAVE:

The Employee shall be entitled to sickness leave as per ……..Labour Law for Public/Private Sector.

13. DISABILITY COMPENSATION:

The Employee shall received compensation for disability, caused by accident while on duty, as per …………………. Labour ,Law for Public / Private Sector.

14. DEAD BODY:

In case of death, the Employee's dead body shall be transported to Hyderabad (INDIA) at the Employer's expenses.

15. TERMINATION OF CONTRACT:

i) The Employer in his discretion can terminate the services of the Employee under this Agreement at any time during the period of Contract giving one month's notice or one month's salary in lieu thereof without being responsible for any payment for the remaining period of Contract.

ii) If the Contract period of the Employee expires or if the Employer terminates the services of the employer under this Agreement because of completion or termination or suspension of work or because of reduction in work-force, then the Employer will be responsible:

a) For the Employee's return transportation.

b) For gratuity and other benefits as per this contract.

16. ARBITRATION:

Any dispute in respect of this Agreement will be governed by Law/Regulations applicable to such dispute and in force at the time of dispute in the State of …….

Yours Sincerely, (Name & Signature of the Foreign Employer/Firm – with Seal) (Seal of the Indian Embassy)

(OMCAP)

(OMCAP)

ANNEXURE-IIIFOREIGN SERVICE AGREEMENT

This Agreement has been reached on ……………………………… 2016

Between …………………………………………….............................................……………………………………...................……………

(hereinafter called EMPLOYEE) and Mr…………………………………………....………………………………….................……………

(Hereinafter called “EMPLOYER”), as per the following particulars:

PERSONAL PARTICULARS OF THE EMPLOYEE:

(a) FATHER'S NAME:

(b) ADDRESS (PERMANENT):

ADDRESS (TEMPORARY):

(c) PASSPORT NO:

DATE & PLACE OF ISSUE

(d) DATE OF BIRTH:

(e) NATIONALITY:

(f) MARITAL STATUS:

(g) EDUCATIONAL QUALIFICATIONS:

(1) GENERAL QUALIFICATIONS:

(2) TECHNICAL QUALIFICATIONS:

(h) NEXT OF KIN OF EMPLOYEE

WITH FULL ADDRESS

The following are the terms and conditions agreed between the EMPLOYER and the EMPLOYEE:1. JOB TITLE: The Employee undertakes to work as …………(or such other capacity as may, from time to time, be required by the Employer or any

other person authorized by the Employer).2. PERIOD OF CONTRACT: This contract is for a period of ……. Years from the date of arrival of the Employee in …… and it is renewable for further …….. years

with the mutual consent of both parties, atleast one month prior to the expiry of the contract.3. WAGES INCLUDING ALL ALLOWANCES: The Employer agrees to pay to Employee monthly wages of ……………………………. including all allowances, which will

commence from the date of arrival of Employee in ………………………………………………….4. WORKING HOURS: The Employee will work minimum 8 (eight) hours per day i.e. 48 (forty eight) hours per week.5. PROBATION PERIOD: The Employee shall be on probation for a period of one/two/three months.6. LOCAL TRANSPORTATION: The Employee shall be provided by the Employer with free transport facilities from his place of accommodation to work site and

return.7. HOLIDAYS: The Employee shall be entitled to Holidays as per …….. Labour Law as applicable to Public/Private Sector as the case may be.8. OVERTIME: The Employee shall work overtime, if required, and he shall be paid overtime wages according to ….. Labour Law for Public /

Private Sector.9. ACCOMMODATION AND FOOD Accommodation and food shall be provided to the Employee by the Employer.10. PASSAGE: Free Air Passage from Hyderabad to ………. ……. Will be provided at the time of joining duty and return passage to Hyderabad

upon expiry of …….. Years or expiry of the contract whenever may be the earlier In case the Contract is extended for further period of ………… years, the same facility will be available to the Employee.

11. LEAVE/VACATION: The Employee shall be entitled to gratuity and leave/vacation as per …… labour Law for Public/Private Sector.12. GRATUITY & OTHER FRINGE BENEFITS: The Employee shall be entitled to Gratuity and all fringe benefits prescribed by the …… Labour Law for Public / Private Sector.13. MEDICAL: The Employee shall receive free medical facilities in accordance with the ……. Labour Law for Public /Private Sector.

(OMCAP)

14. SICKNESS LEAVE: The Employee shall be entitled to sickness leave as per ……..Labour Law for Public/Private Sector.

15. DISABILITY COMPENSATION:

The Employee shall receive compensation for disability caused by of accident while on duty as per ………….. Labour Law for Public / Private Sector.

16. DEAD BODY

In case of death, the Employee's dead body shall be transported to Hyderabad (INDIA) at the Employer's expenses.17. TERMINATION OF CONTRACT: i) The Employer in his discretion can terminate the services of the Employee under this Agreement at any time during the period of

Contract by giving one month's notice or one month's salary in lieu thereof without being responsible for any payment for the remaining period of Contract.

ii) If the Contract period of the Employee expires, or if the Employer terminates the services of the Employee under this Agreement because of completion of termination or suspension of work or because of reduction in work-force, then the Employer will be responsible:

a) For the Employee's return transportation. b) For gratuity and other benefits as per this contract. iii) The Employee has the right to terminate this Agreement by giving to Employer one month's notice in writing or surrendering of

one month's salary in lieu thereof at any time during the period of the Contract, without being responsible for payment for the remaining period of the Contract.

18. ARIBITRATION Any dispute in respect of this agreement will be governed by Law/Regulations applicable to such disputes and in force at the time of

dispute in the State of Andhra Pradesh , India.

EMPLOYEE'S SIGNATURE SIGNATURE OF FOREIGN EMPLOYER FULL NAME:DATE: DATE:

ANNEXURE-IV(ON THE LETTER PAPER OF THE FOREIGN FIRM / EMPLOYER)

Declaration of Appointment as Recruiting Agent

TO WHOMSOEVER IT MAY CONCERNThis is to certify that Overseas Manpower Company AP Ltd., is authorized Recruiting Agent in India for recruitment of Indian personnel for our organization from time to time as per our instructions: ............................................................................................................................................................................................................................................................................................................................................. Signature of the competent Authority under the seal of the organization.

(OMCAP)

AnnexureV

EMPLOYER REGISTRATION FORM(Please provide the details below for our records)

1 Employer Name:

2. Designation:

3. Company Name:

4. Company Registration Number:

5. Address:

6. City:

7. Country:

8. Number of Employees:

9. Annual Turnover (e.g. 100000$):

10. Company Profile:

11. Email-Id:

12. Website: