How does International Law protect Indians working abroad?

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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!

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