Deceived overseas fortune seekers face hurdle to get remedies

Migrant workers who experienced fraud to secure overseas jobs are facing additional sufferings while seeking compensation because of procedural complexities at the Bureau of Manpower, Employment, and Training (BMET). 

It takes at least four months to one year for the disposal of any compensation claims lodged with the government body dealing with the migration issues, according to victims.

Besides, most victims end up being compensated less than half of the total financial loss they had incurred during immigration process, suggest available data. 

NGOs dealing with the issue and BMET officials say most of the victims do not have necessary documents such as proof of giving money to agencies or middlemen and appointment letters, putting them in a weaker position to claim better compensation.

In 2023, the overseas job-related complaints, including fake job offers, wage fraud, irregular salaries, and complications with work permits, nearly doubled compared to that of the previous year, according to the BMET.

Some 2,380 migrants and aspiring migrants, including 31% women, lodged such complaints against recruiting agencies, middlemen and their employers. The year saw a record 13 lakh labour migration, data from the BMET reveal.

However, the BMET managed to resolve some 865 or one-third of the total complaints, from which Tk4.87 crore was awarded to the victims as compensation.

A year earlier, some 339 complaints were settled out of 1,240 with the compensation amount from the recruiting agencies totaling Tk1.60 crore. 

The actual number of grievances faced by the overseas fortune seekers is much higher than the formal complaints as many are not aware of the process while many go for rural arbitration, according to migration experts and NGOs. 

The BMET authorities said almost 90% of the formal objections are linked to jobs in Middle Eastern countries. 

It has also been reported that thousands of Bangladeshi migrants have become jobless in Malaysia in recent months.

Although BMET's arbitration process is indeed a good initiative, there is allegations for some flaws in it like inadequate compensation, discriminatory treatment for the complainants, and the absence of measures for non-compliance with arbitral decisions, according to a study of Refugee and Migratory Movements Research Unit (RMMRU). 

For instance, BMET resolved 96 complaints in August last year out of 186 while victims received total compensation of Tk73.83 lakh with each victim receiving around Tk74,000 on average against average migration cost ranging between Tk3.5 lakh and Tk5 lakh for migrating to the Middle East and Malaysia.

Md Babul, a cheated migrant, got the minimum compensation of Tk50,000 from his recruiting agency Madina Overseas, while another victim Md Kaleque received the maximum compensation of Tk3 lakh from BGL Overseas in that month, as per the BMET data.

"Each complaint takes at least four months for disposal. If any complaint is not resolved within six months due to negligence of the agency, its licence agency is kept suspended," an official of BMET told The Business Standard wishing anonymity.

Asked why the compensation money is too small compared to the financial loss a worker faces, he said, "Workers want a quick solution. That's why they often settle for a small amount. Also, getting compensation from influential agencies is not a very easy task."

In most cases the workers cannot produce proper evidence. Those who can show all the documents get more compensation, the official said, adding: "For example, I realised Tk29 lakh from a victim who was going to Europe in 2021."

About the slow disposal of filed complaints, the official said that addressing allegations takes time. He also noted that most of last year's settled cases were actually filed in the previous years. 

In addition to BMET's initiatives, the "Ovibashi Odhikar Forum," a network comprising 113 local and national NGOs, plays a pivotal role in resolving diverse allegations at the grassroots level.

Syed Saiful Haque, chairman of the Welfare Association for the Rights of Bangladeshi Emigrants (WARBE) Development Foundation, told TBS, "We attempt to resolve complaints, which are not associated with the recruiting agencies, through rural arbitration. If the issue is related to the recruiters, we forward those complaints to the BMET office."

"It takes two months to the highest one year for settling any complaint, depending on how easily we can contact the middlemen. We were able to realise the highest Tk1.5 lakh as compensation for a victim."

Mentioning that most of the workers do not have necessary documents, he said, "When an aspirant migrant pays migration cost to a middleman or an agency, they do not have any written agreement. Most cases have to be settled through arbitration on the basis of human testimony."

"Also, many do not even have a letter of appointment. These complaints have to be settled on the basis of passport and BMET clearance card only. As a result, the workers are naturally in a weak position when it comes to compensation," he added.

The BMET and recruiting agencies said that the majority of such problematic jobs are arranged through family and friends living in the concerned countries.

"The majority of complaints, ranging from 80% to 90%, revolve around issues such as not obtaining 'iqama,' lacking employment, or facing salary delays. It is important to note that these complaints constitute a small fraction compared to the total employee population," said Mohammad Abdul Hye, director (employment), of the BMET.

He further said, "Predominantly, problems arise with so-called 'free visas,' acquired by migrants through their relatives. Although there is an obligation to secure the iqama within three months of receiving the visa, this is often unattainable with illegal 'free visas,' leaving workers undocumented."

In proposing a solution to this challenge, he said, "Workers sent by recruiting agencies should obtain attestation from the Bangladesh embassy in the destination country against the demand letter. Similarly, comparable regulations should be enforced for visas arranged by relatives, enabling the embassy to verify job applications."

He said they resolve an allegation as soon as possible as per the existing mechanism.

What's the mechanism of dispute resolution?

The government institutions like the BMET resolve the grievances through a formal process called arbitration and receive the complaints through its online complaint submission mechanism.

BMET receives complaints from migrants in two ways, online and in person from the aggrieved migrant.

Similarly, the recruiting agencies' association BAIRA has its own arbitration cell.

Moreover, Wage Earners Welfare Board (WEWB) has an online call service named Probash Bondhu Call Center through which it is also providing counseling and complaint receiving services round the clock.

The arbitration mechanism of BMET and BAIRA can not ensure proper justice for the survivors, according to migrant experts.  

In some cases, the migrant workers and their families used the local mediation system called Shalish or filing cases at the Village Court to resolve conflicts.

For complex cases, migrant workers with the legal help of NGOs sued the recruiting agents or local brokers under the Overseas Employment and Migration Act 2013 or Human Trafficking Act 2012.