MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF NEPAL AND THE GOVERNMENT OF THE REPUBLIC OF MAURITIUS ON THE RECRUITMENT AND EMPLOYMENT OF WORKERS FROM NEPAL

THE GOVERNMENT OF NEPAL and THE GOVERNMENT OF THE REPUBLIC OF MAURITIUS (hereinafter referred to singularly as "the Party" and collectively as "the Parties");

BELIEVING that the employment of workers from Nepal in the Republic of Mauritius shall be an area of cooperation which is mutually beneficial to the Parties and secures the rights of both Workers and Employers pursuant to the prevailing laws of both countries; and 

REALISING the need to establish a framework to facilitate the recruitment, employment, protection and welfare of workers from Nepal in accordance with the domestic laws, rules, regulations, national policies and directives of each Party and within the limits of its competencies, jurisdlction and available resources.

HAVE reached an understanding as follows:

ARTICLE 1 

DEFINITION

1. For the purposes of this Memorandum of Understanding (hereinafter referred to as "MOU".

"contract of employment" means the contract of employment entered into between an employer and a worker as set out in Appendix A;

"employer" means a company incorporated under the laws of the Republic of Mauritius or any other person in Mauritius providing employment to a worker in accordance with the laws of Mauritius;

"worker" means any citizen of Nepal who is recruited for'employment in Mauritius for a specified period of time under a contract of employment, but does not include domestic workers as defined in the Mauritian Domestic Workers (Remuneration) Regulations 2010.

"Nepali recruitment agency" or "NRy\" means a reciuitment agency in Nepal which is licensed by the Government of Nepal under the relevant laws of Nepal for the purpose of iecruiting workers;

"MLIRET" means the Ministry of Labour, Industrial Relations. Employment and Traini4g of the Republic of Mauritius; and 

"MOLESS" means the Ministry of Labour, Employment and Social Security of Nepal

2. Words and expressions in the singular include the plural, and words and expressions in the plural, include the singular.

ARTICLE 2

OBJECTIVE

The objective of this MOU is .to establish a framework relating to the recruitment and employment (including repatriation) of the Worker and to protect the rights and welfare of both the wolker and the Employer.

ARTICLE 3

DESIGNATED AUTHORITY 

The designated authority responsible for the implementation of this MOU on behalf of the Government of Nepal will be the MOLESS and on behalf of the Government of the Republic of Mauritius will be the MLIRET.

ARTICLE 4

AREAS OF COOPERATION

The'Parliesendeavour to:

i. reEulate the deployment of the Worker in accordance with the principles of transparency, ethical recruitment; fairness and mutuality of benefits;

ii. control and regulate costs related to the recruitment and employment of the Worker and take effective legal measures when Workers are charged beyond what is legally stipulated by the parties;

iii. exchange updated information on the licensing status of NRAs;

iv. cooperate to address issues of irregular and/or illegal recruitment of Workers as well as matters relation the trafficking-g in persons and forced labour;

V.cooperate to implement this MOU and attempt to resolve any issue that may arise during its implementation and enforcement; and

vi. cooperate on other areas of relevant technical and human resource development, as agreed by the parties, by using information technology, exchanging information and continuing studies in the area of labour.

ARTICLE 5

IMPLEMENTATION

The 'Parties agree that the recruitment and employment (including repatriation) of the Worker and the protection of the rights of both the Worker and Employer shall be conducted in according ringgit the domestic laws, rules, regulations, national policies and directives of each party and the terms of this MOU, where applicable.

ARTICLE 6

CONTRACT OF EMPLOYMENT

1. The Worker and the Employer shall comply with all Mauritian. laws, rules, regulations, national policies and directives. relating to employment in Mauritius during the whole duration of the employment. The terms and conditions of employment are set out in Appendix A.

2.Any amendments to the terms and conditions of the Contract of Employment that are introduced by the Joint working Group in favor of the Worker shall be implemented without prejudice to the rights of either Worker or Employer as provided for in the contract in force at the time of commencement of the amendments.

3.In the event of closure or cease of business or winding up, the worker may have the opportunity to take up employment with another Employer, upon the approval of the relevant authorities and subject to laws applicable in Mauritius.

4. The worker may, subject to the law applicable in Mauritius, have an opportunity to take up entployment with another Employer, in case of exploitation, abuse, or physical or mental harassment.

5. In the events described in clauses (3) and (4), the Worker shall also have the right to return to Nepal if he/she so desires-Jn such case, the Employer shall bear all associated costs.

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