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How does International Law protect Indians working abroad?

How does International Law protect Indians working abroad?

29-Aug-2025

International Law

Answer By law4u team

International law protects Indians working abroad mainly through bilateral agreements, multilateral treaties, and domestic laws of the host country, supported by India’s diplomatic efforts. Key protections • Vienna Convention on Consular Relations, 1963 – Ensures that Indians abroad have the right to contact and seek help from the Indian embassy/consulate if detained or in distress. • Bilateral Labour Agreements/MoUs – India has agreements with countries like UAE, Qatar, Saudi Arabia, and Malaysia for fair treatment, timely payment of wages, regulated recruitment, and grievance redressal for Indian workers. • International Labour Organization (ILO) Conventions – Member countries are bound by core labour standards like non-discrimination, safe working conditions, and prohibition of forced labour. • International Covenant on Civil and Political Rights (ICCPR) – Protects basic human rights such as life, liberty, and freedom from inhuman treatment, applicable to all persons including migrant workers. • UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) – Although not ratified by all countries, it sets global standards for migrant worker protection. • Host Country Labour Laws – Often provide minimum wage, working hour limits, and occupational safety rules, enforceable through local legal processes. Indian Government mechanisms • MADAD portal and Pravasi Bharatiya Sahayata Kendra (PBSK) for complaints and support • Indian Community Welfare Fund (ICWF) for emergency assistance • Labour Attachés in Indian missions to handle disputes and negotiate with employers

Answer By Ayantika Mondal

Dear Client, International law provides for the rights of Indian workers in foreign countries through what is put forth in international conventions, bilateral agreements, and national legislation. We see in these actions the structure for safe and ethical migration which in turn we hope will see to it that workers are treated fairly, that they have decent terms of work, and that they have access to justice. Global Fora and Organizations. The International Labour Organization (ILO) a UN specialized agency which sets out international labor standards that apply to migrant workers. ILO conventions of which Indian workers are beneficiaries include:. These conventions are put in place to see that migrant workers are treated the same as a country’s own nationals in terms of work conditions, social security, and trade union rights. This is a universal application to all member states that which some of them may not have signed into specific conventions. We see in this also the removal of forced labor, done away with child labor, and promotion of freedom of association. Private Employment Agencies Convention (No. 181): This initiative is to put in place regulations which affect recruitment agencies and which protect migrant workers from abuse and fraud. Two Party Agreements. India has outworked a wide range of Bilateral Labor Agreements (BLAs) and Memorandums of Understanding (MoUs) with what are at present the main recipients of Indian labor, especially in the Gulf area. These agreements are key to which we see as a legally binding structure for that cooperation. Key Provisions: Standardized contracts to prevent exploitation. Recruitment policies for fair and open hiring. Resolution processes for worker issues. Social security transfer to avoid benefit loss. Example: Agreements with the UAE, Saudi Arabia, and Qatar have been put in place which see the formation of a joint working group that reports back regularly to address and sort out issues related to Indian workers. Indian government programs. The Indian government through its own laws and initiatives also plays a role in protecting its citizens that work overseas. Emigration Act, 1983: This act sets the rules for emigration which includes the requirement of Emigration Clearance (EC) for some worker categories. Also this is a measure which we put in place to screen foreign employers and agents out which in turn prevents exploitation. e-Migrate Portal: This online platform which we have put in place to smooth out the emigration issues also serves as a redressal system. Workers and their families may file complaints which we then follow up on and address at the international level. Indian Community Welfare Fund (ICWF): This program which is run by Indian missions is a safety net for Indian nationals abroad. We provide help with repatriation, emergency health care, and legal aid. Pravasi Bharatiya Sahayata Kendras (PBSK): In major work destinations which include the UAE and Saudi Arabia we have established centers which provide support, counseling and help to Indian workers in distress. Pre-departure Orientation Training (PDOT): This training program which also serves to inform the up and coming migrant workers’ of their rights and responsibilities as well as that of the legal structure in the host country is put in place for them to better handle their overseas employment. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Anik

Dear Client, International law which puts in place a complex set of measures that include international treaties, bilateral agreements, and the active role of the Indian government and its diplomatic posts for Indian workers abroad. What we see is a structure put forward to ensure fair play, to prevent exploitation, and to put in place a support network for workers in distress. International Conventions India is a party to the International Labour Organization (ILO) and has ratified a number of its basic treaties which put forth world wide labor rights. Also India has not signed the particular International Convention on the Rights of All Migrant Workers but does report to conventions which provide wide scale protection, such as:. Forced Labour Convention, 1930 (No. 29): This convention does away with all forms of forced or compulsory labor which is a great risk for migrant workers that see their documents taken away. Equal Remuneration Convention, 1951 (No. 100): This we see to it that all workers no matter what their national origin are paid the same for equal work. This convention puts forth equal opportunity in the workplace and puts an end to national, racial, or religious discrimination. This is a push to do away with forced labor which in turn is a key element of the fight against human trafficking and exploitation. These conventions establish a base which workers’ rights and treatment is founded upon and which host countries that have also signed onto them are held legally to live up to. Bilateral Agreements A better and more effective way is through what India has put in place with many countries’ which it has signed what are in essence Memoranda of Understanding or MoUs, which it has with for example countries in the Gulf that have large Indian expat workforces. These agreements are very much tailored to the issues of Indian workers and also include terms on:. Standard out of the box employment agreements which cover wages, work hours, and living conditions. Dispute resolution framework. Prohibitions against the use of passports as a form of security. Formation of a Joint Working Group to discuss and resolve bi-lateral labor issues. Also under these agreements Indian workers do not have to pay into social security in both India and the host country and also their social security benefits are portable. Indian Government Initiatives and Diplomatic Missions The Indian Government has a strong support structure which we see in its domestic laws and foreign missions. Pre-Departure Protections: The Emigration Act of 1983 and the e-Migrate portal report on the emigration process, see to it that recruitment is legal, and also present a registry of registered recruiting agents and employers. Pre departure Orientation Training (PDOT) program which is an information session for would be workers that goes over their rights, local laws also what support is available to them. On-Site Support: Indian embassies and consulates are the primary point of contact for distressed workers. We have put in place 24/7 helplines and Pravasi Bharatiya Sahayata Kendras (PBSKs) which in turn provide support, counseling and legal and financial aid. Also we have the Indian Community Welfare Fund (ICWF) which puts forward emergency relief which includes medical treatment, repatriation and legal services. Grievance Redressal: Platforms that include MADAD which is used by workers and their families to file complaints online and see how they are resolved by the relevant authorities . I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!