report on wp final (h)

Ministry of Labor, Social Affairs, Martyrs and

Disabled

Report on

Streamlining the Procedure of Work

Permit System in Afghanistan

Prepared By:

Muhammad Javaid Consultant Managing International Migration February, 2011

Streamlining the Procedure of Work Permit System in Afghanistan 2011

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan i

Biography

Muhammad Javaid

The author was born on April 28, 1949, in Lahore, Pakistan. Having pass his master degree in Economics from Punjab University, Lahore, Pakistan in 1972, he has postgraduate diplomas from foreign Universities / institutions i) Development Planning Techniques from Institute of Social Studies the Hague, (ISS) Holland, ii) Human Resource Development, and iii) Applied Economics of Human Resources from Growth Dynamic Institute, Erasmus University, Rotterdam, Netherlands. The author started his career from government service in 1972 as Statistical Investigator in Population Census Organization and rose to the status of Chief Planning & Development Division. In-between he served as Research Officer & Assistant Chief, Deputy Chief and Chief in various important ministries. He finally retired as Chief of Planning Commission. He has also severed as Project Director/Deputy Project Director of various development projects. He has served as Principal Staff Officer and Special Assistant of Deputy Chairmen of the Planning Commission of Pakistan. He was closely associated with the Chief Economist of Pakistan in finalizing various Economic Policies and Plans and Development Projects. He has served as secretary of many important technical committees & working groups. During his 37 years career, he worked for Socio – Economic Development Projects, Planning, Economic Research & Analysis, Human Resource Development, Management / Administration, Coordination, Organizing Capacity Building Programs, Monitoring & Evaluation of Development Projects. He has the experience of preparing Project Proposals of developing projects. He has produced many research papers for national and international conferences /seminars /workshops. The author is presently engaged in Social Sector Consultancy Services (http://www.sscpk.org) at his own Office # 308, 3rd Floor, Lord Trade Center, F-11 Markaz, Islamabad, PAKISTAN. His contact details are as follow: Contact Details: Work Address: Social Sector Consultancy Services Office # 308, 3rd Floor, Lord Trade Center, F-11 Markaz, Islamabad, PAKISTAN Email: [email protected] Telephone: +92-333-5299046, +92-51-2224360, +92-51-2102826 Fax: +92-51-2224359


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan ii

ACKNOWLEDGEMENTS

This report is prepared in accomplishment of developing a system for proper management of international migration system in Afghanistan. The Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is dealing with issuing work permits to foreign workers as well as managing overseas migration. The present report is regarding reforms in existing work permit system. The accomplishment of this report is due to the cooperation of many individuals, public and private organizations. I wish to acknowledge with thanks to all those persons, public and private organizations to whom I visited and whose cooperation was instrumental in accomplishing this task.

I would like to extend my special thanks for the extensive information, support and comments of the Deputy Minister (Labor) of the Ministry of Labor, Social Affairs, Martyrs and the Disabled of the Government of Afghanistan, H.E. Mst Seema “Ghani”. I am also thankful to Ex-Deputy Minister H.E Md Ghaus “Bashiri” who supported in initial stage. I also wish to extend my thanks to Dr. Salim “Mastoor” DG, Syed Kazim “Fakhri” Director of Work Permit and his colleagues for their support. I gratefully acknowledge the managerial and logistic support extended by Mr. Ahmad Jaweed “Jalali” Project Manager who efficiently arranged meetings with all stakeholders to obtain their views and comments on the subject. I also wish to acknowledge with grateful appreciation the I.T support of Mr. Ahmad Jaweed “Jalali” and his colleagues Mr. Nisar Ahmad “Miakhail”.I am grateful to Miss Tahmina “Nooristani” who assisted Mr. Ahmad Jaweed “Jalali” in translation of all relevant legislation, rules and regulation on emigration from Dari to English. Last but not least I wish to express my grateful thanks to Dr. Sabur “Ghayur”, International Advisor on Employment Policy & Promotion and Labor Market Survey for his cooperation and briefing about Kabul Conference and its follow-up. I express my gratitude to all officers /official to whom I met during the visit of the various ministries and national and international organization (Annexure A).

Muhammad Javaid

Consultant Managing International Migration

February, 2011


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan iii

Acronyms

MoLSAMD Ministry of Labor, Social Affairs, Martyrs and Disabled WPS Work Permit System FW Foreign Worker FWs Foreign Workers WPs Work Permits RQA Return of Qualified Afghans ER Employer Representative HRD Human Resource Development LMIAU Labor Market and Information Analysis Unit IOM International Organization for Migration GoIRA Government of Islamic Republic of Afghanistan ISAF International Security Assistance Force MoI Ministry of Interior MoFA Ministry of Foreign Affairs S$ Singapore Dollar MOM Ministry of Manpower (Singapore) EP Employment Pass PR Permanent Residence WP Work Permit TWP Temporary Work Permit LOC Licensed Outsourcing Company WPC Work Permit Card WPCs Work Permit Cards EntrePass Entrepreneur Pass PEP Personalized Employment Pass IPA In-Principle Approval SOP Standard Operating Procedure CCFW Cabinet Committee on Foreign Workers TORs Terms of References SCWPS Steering Committee on Work Permit System CCoE Cabinet Committee on Emigration PRU Policy & Research Unit BOM Bureau of Migration


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan iv

Table of Contents

Vision & Mission 01

Section 1. Introduction 02 1.1 Emigration 02 1.2 Immigration 04 1.3 Immigration Laws 07 Section 2. Experience of Some Asian Labor Hosting Countries

09

2.1 Work Permit System (WPS) in Singapore 10 2.1.1 Employment Pass 11 2.1.2 Work Permit (WP) 12 2.1.3 Entrepreneur Pass (EntrePass) 14 2.1.4 Personalized Employment Pass (PEP) 14 2.1.5 Miscellaneous Work Pass 15 2.1.6 Offences and Penalties 15 2.1.7 Specific Requirements for Various Sectors 16 2.1.8 Recruitment of Workers from Various Countries 18 2.1.9 Procedure and Timeline 18 2.1.10 Approval and Collection of Employment Pass 18 2.1.11 Disapproval for Employment Pass 19 2.1.12 Employment Pass Renewal Procedure 19 2.2 Work Permit System (WPS) in Malaysia 20

2.2.1 Procedure for Expatriate Posts 21 2.2.2 Employment of Foreign Workers 21 2.2.3 Process for Selection of Outsourcing Companies 23 2.2.4 Criteria for Selection of Companies 24 2.2.5 Conditions for Approval of LOC 24 2.2.6 Responsibilities of LOC 25 2.2.7 Revoking of Approval 25 2.2.8 Technical Committees 26 2.2.9 Process of Foreign Worker’s Application 27 2.2.10 Types of Permits 28


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan v

2.3 Conclusion 29 2.3.1 Singapore 29 2.3.2 Malaysia 31 Section 3: Work Permit System in Afghanistan 33

3.1 Work Permit (WP) Procedure 33 3.1.1 Documents Required for WP 34 3.1.2 Processing Flow 35 3.2 Issues and Problems 38

3.2.1 Administrative Issues 38 3.2.2 Technical Issues 41 3.2.3 Revenue Generation 42 Section: 4 Work Permit System’s Reforms 44 4.1 Administrative Reforms 44 4.1.1 Cabinet Committee on Foreign Workers (CCFW) 44 4.1.2 Steering Committee on Work Permit System (SCWPS) 45 4.2 Organizational Reforms 46 4.2.1 Establishment of Bureau of Migration 46 4.2.2 Establishment of Policy & Research Unit (PRU) 49 4.2.3 Work Permit Categories 51 4.2.4 Design of Cards 53 4.2.5 Sequential Procedure for WPC 55 4.3 Procedural Reforms 56 4.3.1 Procedure for WPC Issuance 59 4.3.2 Processing of Applications 61 4.4 General Recommendation 62


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan vi

ANNEXES

Annex. A Organizations Visited 64

Annex. 2.1Documents Required for Employment Pass in Singapore 65

Annex. 2.2 Sectors with Source Countries in Malaysia 66

Annex. 2.3 Work process of the outsourcing System 67

Annex. 2.4 Processing Flow in 1st Phase and Second phase 68

Annex. 3.1 Statutes on the Employment of Foreign Citizens in 69

Afghanistan Organization

Annex. 3.2 Foreigner Contract 72

Annex. 3.3 Organizational Chart and Duties of Directorate of 73

Work Permit

Annex. 4.1 Organizational Chart of Bureau of Migration 74

Annex. 4.2 Zebra P640i Card Printer 75

Annex. 4.3 Afghanistan Provincial Codes 79

Annex. 4.4 Industrial Classification 80

Annex. 4.5 Application Form 1 81

Annex. 4.6 Undertaking 84

Annex. 4.7 Renewal Form 2 85

Annex. 4.8 Duplication Form 3 86

Annex. 4.9 Cancellation Form 4 87

Annex. 4.10 Appeal Form 5 88

Annex. 4.11 Processing Flow Under New Proposed System 89


Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan 1

Managing the International Migration in

Afghanistan

Vision and Mission1

Vision

Creating enabling environments for Afghans to avail employment opportunities existing in other countrie s in conditions of decent work and simultaneously regulating, coordinating and streamlining procedure s for the recruitment of foreign workers in the count ry through innovation and technology.

Mission

Better managed international migration in order to ensure greater employment of Afghans in other countries with adequate safeguards for their protec tion and a coordinated and computerized mechanism for recruitment of foreign workers duly safeguarding th e national security, social order and upholding count ry’s laws.

1 The Vision and Mission is designed keeping in view that the affairs of outgoing Afghan workers

and registration of Foreign Workers will be managed by one institution, which is already under process to fulfill the commitment made in Colombo Process (CP) conference by Afghan Government.



Section 1: Introduction

Afghanistan is involved in international migration process as “hosting” foreign workers as well as a “source” country. In the absence of well organized system for managing the international migration, it is not only difficult to reduce the dependence on foreign workers but also to ease the unemployment problem by facilitating the Afghan nationals to get employment in foreign countries. The Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is dealing with the subject and recently has initiated the process of developing effective mechanisms for managing international migration. The better management of migration could be significant in terms of reducing unemployment and generating own resources for self reliance. The international migration has two components i-e Emigration and Immigration. Afghanistan needs to develop the emigration system for optimal utilization of employment opportunities existing in other countries for Afghan workforce and to streamline the existing procedure of registering the Foreign Workers (FW) i-e Work Permit System (WPS).

1.1 Emigration

Migration of people to other countries in search of employment has occurred all through history and is by no means a new phenomenon for Afghan people. The problem of unemployment in the country is due to the mismatch between the manpower requirements and available supply. The shortage of educated, experienced and skilled manpower in Afghanistan is coexisting with lesser employment opportunities for the Afghans who lack sufficient education, skills and experience. The Afghan government has initiated a skills development program and a five-year education plan. This will enable to fill the gap between demand and supply. The skilled and professional workforce is not only required within the country as well as in the Middle-East countries.

Migration also plays an important role in the economic progress and prosperity of a country. It is an important source of economic growth and development for individuals as well as nations. Indeed, all migrant workers – irrespective of their status – contribute to growth and prosperity of destination and source countries.

Afghans are migrating to neighboring as well as Middle Eastern countries to avail the employment opportunities. However, they have less opportunities as compared to the nationals of other source countries due to lack of skills competency. Afghan people need the guidance in this regard and also need a



comprehensive Human Resource Development (HRD)2 policy and program to meet the own country’s requirements as well as to increase the probability of getting employment in other countries. Unfortunately no organized system is available in the country to facilitate and regulate emigration.

In the absence of accurate data on the national labor force and its characteristics, there is serious impediment to planning HRD. According to available statistics, this is based on secondary data3 collected by the Labor Market and Information Analysis Unit (LMIAU) in MoLSAMD, Afghanistan’s labor force is characterized by a surplus labor, most of which is rural, and a lack of availability of sufficient and secure employment. The labor force is primarily semi skilled and there is a high level of illiteracy. At present Afghanistan’s major human resource is in the lower-skilled sector. The nature of demand in Middle-East countries is also for semi-skilled and production workers and the Afghan workforce falling in this category are fairly large. Therefore, efforts have been made by MoLSAMD to tap the employment potential for the Afghan nationals in other countries particularly in Middle-East countries. A technical labor dispatch protocol has been signed with the government of Qatar, and negotiations are underway on bilateral agreement on the employment of Afghan workers with the governments of UAE, Kuwait and Iran. All these initiatives need continuous follow-up.

The ministry has also taken other measures and laid down the procedure on the functioning of private employment agencies to streamline their procedure of sending Afghan workforce to foreign countries. About eight private agencies have been allowed to export the manpower to other countries. Inspite of these efforts,

2 Afghanistan suffered a loss of skilled and professional personnel during last three

decades of conflict prior to 2001, leaving a dearth of qualified professionals to take up posts in the government and private sector. Therefore, Human Resource Development (HRD) policy is required to enhance the skills of Afghan workforce to compete the other countries’ workforce. HRD policy is not only required to meet the country’s own requirements but also to reduce the dependence on foreign workers which are presently engaged in the country.

3 A nation-wide survey/study to ascertain the characteristics/labor market indicators has never been conducted so far in Afghanistan. However, in 2008, the Labor Market and

Information Analysis Unit (LMIAU) in MoLSAMD conducted a survey of i) 13800 households, ii) 8000 informal businesses, iii) 400 formal businesses, iv) 1000 day laborers, v) 100 vocational and training centers in 31 out of 34 provinces. The survey’s result is being used as an employment and labor market indicators. The Labor Force Survey is being planned to be conducted in near future.



more arrangements are required to establish an institutional mechanism for managing international migration particular with regard to sending Afghans for employment in other countries. Inadequacy of the institutional mechanism for managing the emigration of the Afghan workforce is the main issue that needs to be addressed for drawing benefits of the existence of a large demand for expatriates in host countries particularly in the Gulf region. It is also pertinent to have an institutionalized set up to coordinate and follow up the bilateral agreements with other countries in the light of available manpower in the country.

The managing the emigration of workforce is relatively a new phenomenon for Afghanistan. In the past, refugees dominated the scene. Hence, there is now a need to establish an efficient and effective mechanism to properly manage the labor migration. The system should be effective to register all out going Afghan workers and to provide them guidance and protection. The system may also have welfare and employability programs for returning migrants. Pakistan and Philippine have developed a good emigration systems facilitating not only out going workers but also have many program for the returning migrants to utilize their skills and experience for economic growth and development.

1.2 Immigration

Migration provides opportunities to utilize the services of highly qualified and experienced professionals which are not available within the country due to the shortage of educated, experienced and skilled workforce. Afghanistan is presently utilizing the services of foreign experts and qualified professionals across economic activities and services. Three decades of disturbance in the country has created the vacuum in developing the human resource base of the country. The institutions could not be developed to produce highly qualified and technical manpower required for reconstruction of its infrastructure and tap its natural resources needed to revive and sustain economic growth. Therefore, a reliance on foreign workers is viewed as a necessary but a “temporary” measure to meet the shortages. It is widely understood that without a recourse to qualified and trained foreign expertise – momentarily though - could have seriously impacted the attainment of the nation's socio-economic development goals.

The mass population was displaced during Soviet invasion and in post war period. Some of them successfully attained higher education and settled in host countries. The International Organization for Migration (IOM) initiated the program known as Return of Qualified Afghans (RQA) to motivate and bringing back highly qualified Afghan experts and helps to place them in key positions within ministries, government institutions and the private sector enabling them to participate in rebuilding of their nation. IOM has established a RQA database



with a view to matching their experience and qualifications with the available positions. The coverage of this program is from all over the world, including Europe, Africa, Middle East and North America. About 1,000 Afghan experts living abroad have returned back from 32 countries and have been placed in 30 ministries, 33 government offices/institutions and 75 NGOs. It is interesting to note that 134 Afghan female have returned. All returnees have been placed in 28 provinces of the country. This program is helpful to reduce the dependence on the foreign workers in coordination with IOM. There must be a liaison between MoLSAMD and IOM for effective utilization of Database established under RQA.

The registration of foreign workers is very important in order to prepare the policy of gradually reducing the dependence on the foreign expatriates and preparing replacement from local workforce. The data on their characteristics i-e by gender, occupations, qualification, skills, employers and provinces is required for the preparation of Human Resource Development (HRD) policy, proper manpower planning, better regulation, and ensuring safety of foreign workers. The Government of Islamic Republic of Afghanistan (GoIRA) has started the registration of foreign employees through introduction of the “Work Permit System” (WPS). It is mandatory for foreign nationals to get themselves registered to work in Afghanistan. A Directorate of Work Permit is established in the MoLSAMD. This Directorate is now issuing Work Permits4 (WPs) to foreigners hired to work in various public and private organizations. It is pertinent to point out that the UN personnel including those working in its specialized agencies and military personnel of the NATO, International Security Assistance Force (ISAF) and the Allied Forces are exempted to obtain a work permit.

An intending employer for foreign worker (s) - both of a governmental or private organization - is required to: i) seek prior approval from the competent authority, ii) apply for the entry visa, and iii) apply for the issuance of WP. The WP is issued by charging a fee of AFS 7,500 and normally has validity up to one year; it can be renewed on year to year basis. The current procedure is discussed in detail in Section 3.

Although, the WPS has been in place for about five years but it has as yet not been able to register all the expatriates. Whereas, conservative estimates put the number of foreign workers in excess of 150,000, the numbers of WPs issued so

4 The Directorate is also being called as “Directorate of Foreign Remittances” and signboard are

placed in the office and also appears in government correspondence. However, this

nomenclature has no government approval at any level.



far are close to 77,000. Furthermore, this figure includes WPs: i) renewed, ii) duplicates, and iii) cancelled.

The current system is not able to provide the detailed statistics required for effective manpower planning to reduce gradually dependence on foreign experts. There is a need to develop a proper and well coordinated system which could provide the necessary information on the placement of expatriates by project, province, regions & location. Similarly the personal information of expatriates i-e qualifications, experience and countries of origin is very important for the preparation of country’s education, technical & vocational, and employment policies. This reinforces the need for streamlining and strengthening the system of recruitment of foreign workers in a well coordinated and effective mechanism and enabling to provide the information for preparing the effective manpower employment policy.

Many Asian countries are involved in the international migration process and all of them have developed systems according to their own requirements and social & cultural traditions. Some of them; Singapore and Malaysia have developed a well integrated, coordinated system which ensures full documentation of international migration flow. Afghanistan may get benefit from the experience of such countries. The procedure of registration in these two countries is analyzed in Section 2.

In the country managing migration involves two steps:

• Streamline the existing system/procedure of registration of Foreign Workers.

• Develop a system to regulate/facilitate the employment of Afghan workers in other countries

Thus, efforts are needed to better manage the whole process of migration through capacity building and strengthening an institutional and regulatory framework. Such a mechanism will be able to help in: i) phasing out the dependence on foreign workers, and ii) sending an increasing number of Afghans for work in other countries.

The MoLSAMD has given priority to first revise the work permit system enabling registration of foreign employees properly. The focus is to provide information on: i) employers by economic activities across provinces and by public and private sector, and ii) foreign workers by gender, occupations, qualification, skills, employers and provinces. This information is required for: i) proper manpower planning, ii) better regulation, and iii) ensuring safety of foreign workers.



The present report deals with the first part and recommendations are being made to improve / modify the present registration of foreign workers after reviewing the existing system and consulting/taking on board all the stakeholders. Thus, this report while not undermining the need for a comprehensive mechanism developed for managing migration would only be dealing with streamlining the existing procedure of WPS. The report on second part i-e registration and regulating the outgoing Afghan workers will be prepared separately.

. 1.3 Immigration Laws

The Ministry of Interior (MoI) is the controlling authority of the immigration laws. Present immigration laws are inherited by this government from the previous regime. Prior to analysis and streamlining the present WPS it is worthwhile to review the immigration laws of the country. All foreign nationals who wish to enter Afghanistan are required a visa for any type of purpose like leisure, business, permanent residency, mass media and investment. Exceptions are made for individuals where Afghanistan has Visa Abolition Agreements i-e UN personnel including those working in its specialized agencies and military personnel of the NATO, The International Security Assistance Force (ISAF) and the Allied Forces in Afghanistan.

The Diplomatic Missions are entrusted the responsibility of issuing visas and provide information and other requirements needed for entry into country. The entry into the country is required a passport, travel documents, and a visa regardless of the purpose of visit as existing in all over the world.

Ten categories of visa are in operation at the moment, out of which only three types of visas i-e i) Entry Visa, ii) Entry visa for Work and iii) Double Entry Visa, are valid for issuance of the work permit. If any individual enter in country other than these visas, is not eligible for the issuance of work permit. The individuals have to go back to his country and to come again after obtaining the visa admissible for the issuance of work permit. All visas are being issued by Afghan missions/embassies are valid for thirty days from the date of the entry and has a utilization period of three months from the date of issuance, except few visas like Transit, Double Transit Visa, Resident visa. Multiple travel visa is being issued to those workers who obtain the work permit enabling them to visit frequently during their work tenure.

The MoI has authority to extend the visa before the expiry date if someone intends to stay longer than the duration allowed. Visitors are fined US$2 for each day of delay for the first month followed by US$5 for each day of delay for the



second month. Holders who don’t apply for an extension after two (2) months are liable to deport. The fines are mentioned but the implementation on these is subject to be verified as during the visit of MoI no information was available that how much revenue is being generated or how many cases are being dealt periodically under these clause.

The Ministry of Interior (MoI) and Ministry of Foreign Affairs (MoFA) have the authority to deport or detain any foreign national who does not comply with the rules of immigration. Immigration officers at the point of entry are also given authority to refuse entry to any foreign national who appears to threaten the interests of the country. Hence, MoFA and MoI are the two main administrative institutions to play role in regulating migration like all over the world.



Section 2: Experience of Some Asian Labor Hosting Countries

Most of the countries in the Asian region are benefitted from the international migration process as: i) “hosting” foreign workers, ii) acting “source” country, and iii) “hosting” as well as acting as a “source” country. Almost, all of them have developed systems catering to their respective needs. However, there are few who have developed such systems that are well integrated, coordinated and ensure full documentation of the international migration flows. Such a set of countries, in addition to greater and effective coordination between Ministries of Labor, Foreign Affairs and Interior have also developed comprehensive computerized information system ranging from work permits, work/employment visas, employees’ and employers’ information, nationals going abroad for work, etc. The experience of such countries particularly those acting as both source and host countries will be help full to develop and operationalise new registration system.

Australia, Canada, and USA are major labor receiving countries but their requirements are quite different even with each other. Australia, Canada and USA differ in institutional arrangements dealing with the international managing the migration system. Australia and Canada use a “point system” which permits combining various characteristics particularly productivity to issue the work permit. In contrast, USA uses a “preference system”. Since their requirement and environments are different therefore, such countries’ experience is not useful for a country like Afghanistan.

In Southeast Asia, Singapore and Malaysia have the experience of utilizing the services of expatriates and developed immigration system. The experience of such countries could be helpful. In the preceding paragraphs, the immigration policies of Singapore and Malaysia in devising a system for Afghanistan will be reviewed.

In recent years, Singapore liberalized immigration policy in order to facilitate the acquisition of permanent residency for skilled immigrants, as well as launched various programs to attract talent, such as company grant schemes to ease costs of employing migrant skilled labor and recruitment missions by Government agencies.

There is increase in non-resident workforce in Singapore. The majority of migrant workers are low-skilled workers. They are mainly concentrated in the construction industry, domestic and household services, services sector, manufacturing and marine industries. The number of higher skilled and better-



educated foreigners has also increased rapidly as a result of intensive recruitment and liberalized eligibility criteria. Most skilled professionals come from the United States, the United Kingdom, France and Australia, as well as from Japan and South Korea.

2.1 Work Permit System (WPS) in Singapore

Singapore is the ideal business and commercial hub in Southeast Asia partly due to its immigration policies designed to attract seasoned entrepreneurs and working professionals from around the world. Singapore’s immigration policy is described as one that tries to maximize the economic benefits of immigration while minimizing its social and economic costs. Besides the immigrant’s potential contributions to the economy, an early thrust has also been to selectively open its doors to people from countries that bore cultural similarity to the local population. Hence, initially recruitment was permitted only from Malaysia, but this has had to be widened as labor needs continued to expand. At present, the search for skilled workers and professionals has extended world-wide although the sources for recruitment of unskilled foreign workers remain confined largely to the Asian region.

Depending on their skills levels, the terms and conditions for foreigners to work or stay in Singapore differ substantially. Skilled workers, professionals and entrepreneurs are encouraged to take up permanent residence and citizenship granted after two to ten years of residence (Social Integration Management Service 1994). Unskilled foreign workers, on the other hand, are permitted to work only for limited time periods, after which they are expected to return home. Selective immigration of persons who can contribute economically is not a new or recent policy in Singapore. This policy was apparently adopted by the British administrators.

In Singapore, the work permit process is being managed by the Ministry of Manpower (MOM). The ministry has introduced an internet platform for work permit transactions to ensure an efficient process. With the internet portal, the Ministry is able to process the work permit applications within one or two working days.

For the work permit, foreign nationals regardless of whether unskilled or semi-skilled are required to apply for work permits in accordance with the Employment of Foreign Workers Act of Singapore. Usually in Singapore, the work permit is actually issued based on the different industrial sectors requirements which include the construction, non-construction and as well as domestic sectors.



There are quite a few different types of work passes which can be applied by foreign nationals working within Singapore and three of these work passes include a Work Permit, S Pass and as well as the Employment Pass (EP). The requirement for the application of these three work passes are different and some of these conditions depend on the nationality of the applicant, the sector of the work, the nature of the work and as well as the basic salary.

2.1.1 Employment Pass

The Employment Pass (EP) is the main type of work permit meant for company owners or skilled employees those who intend to work in Singapore. The employment pass is actually a general term used to classify some of the passes used to work within Singapore. The EP categories are based on monthly income. The monthly income must be more than S$2500 and should be degree holder from recognized university. There is no official quota system limiting the number of Employment Passes that can be issued. In reality, the EP can actually be separated into three categories where these three different employment passes include: i) P Pass (including P1 and P2 Pass), ii) Q Pass and iii) S Pass which replaces the old Q2 Pass. The application requirements for these different passes are different and this solely depends on the circumstances of the applicant whether the applicant meets the requirements or otherwise. EP holders are eligible to apply for Permanent Residence (PR) status in due course. The documents required to apply for EP are placed at Annex -2.1.

i) P Pass

The P Pass is meant for foreign nationals who hold recognized degrees, professional qualifications or specialist skills and also, these foreign nationals are seeking professional, administrative, executive or managerial jobs. In addition to that, the P Pass can actually be separated into two different categories which is the P1 Pass and as well as the P2 Pass. The difference between these two passes lies only within the basic salary where for the P1 Pass; it is only issued if the applicant's monthly basic salary is more than S$7,000 whereas for the P2 Pass; it is issued to those if the applicant's monthly basic salary is between S$ 3,500 to S$ 7,000.

ii) Q Pass

The Q Pass is designed for foreign nationals whose monthly basic salary is more than S$2,500 and in addition to that, they should possess recognized degrees, professional qualifications or specialist skills.



iii) S Pass

The S Pass is actually used to replace the previous Q2 Pass. The S Pass is for mid-skilled employees, it is designed for foreign nationals whose monthly basic salary is at least S$1800 or more. However, there is one major difference for the S Pass when compared to the Q Pass or the P Pass, for the S Pass applicants are assessed based on employer's quota eligibility and on a point system where some of the assessment criteria include applicant’s salary, education qualifications, skills, job type and also work experiences. Instead of a degree, a technical diploma is acceptable for this kind of work pass. In general, the number of S Pass holders a company may hire is capped at 25% of the company's total workforce. S pass-holders can bring over dependents; they are subject to a monthly levy of S$50. Only P, Q and S pass-holders can apply to become permanent residents or citizens, which contrasts to the benefits offered to low-skilled migrants. However they may have to wait for 4-5 years.

Applying Procedure

An application Form 8 (Employment / S Pass Application Form) duly filled in and signed by the employer and foreign worker is required to apply for these employment passes (P Pass, Q Pass and S Pass). Some other documents are also required which include:

• copy of each applicant's educational documents; • past employment testimonials in the English language, • recent passport-sized photograph of the applicant taken within

the last three months; • copy of the Travel Document page showing the applicant's

personal details; and • complete Personal Particulars.

In addition to the required documentations, there are some other documents or approvals which are required for the application, depending on the type of employers or the job nature of the applicant.

2.1.2 Work Permit (WP)

A Work Permit (WP) is a Work Pass issued to a “skilled or an unskilled foreigner” whose monthly basic salary is not more than S$1,800 to work in Singapore. The skilled foreign worker is defined who possesses at least a Sijil Pelajaran Malaysia (SPM) qualification or its equivalent i-e Secondary School Certificate , or a NTC-



3 (Practical) Trade Certificate [also known as ITE's Skills Evaluation Certificate (Level 1) from July 2002] which is relevant to his/her occupation.

The duration is generally two years though it is subjected to the validity of the worker’s Passport (one month before its expiry), the Banker’s/Insurance Guarantee (two months before its expiry) and the worker’s employment period, whichever is shorter. Before employing any foreign workers, the prospective employer is required to apply to the Controller of Work Permits for a work permit. However, during the period of application, foreign nationals of Non-Traditional Source (India, Bangladesh, Thailand, Myanmar, Sri Lanka, Pakistan and the Philippines), North Asian Source (Hong Kong, Taiwan, Macau and South Korea) and as well as Republic of China are not allowed to be within Singapore. The WP card states information such as the foreign worker’s Name, Work Permit Number, Passport Number, Foreign Identification Number (FIN) and Occupation as well as the Employer’s Name and Address. The FW is only allowed to work for the original employer and in the occupation as stated in the Work Permit Card (WPC).

A company is not allowed to deploy its foreign workers to its subsidiary because they are separate legal entities. The subsidiary has to apply for WPs for the foreign workers if it intends to employ them. A company may deploy its foreign workers to work in its new branch provided the new branch:

• carries the same company’s name; • operates under the same employer’s Central Provident Fund

(CPF) Account; and • has the same business activity as the company.

The submission method of the application forms for a work permit, it can be done electronically or via the SignPost post office where an administrative fee of S$10 is charged for each application submitted. The processing through electronically submitted applications is much faster (combined two working days) compared to processing it via SignPost post office which usually takes around seven working days. Prior to the work permit is issued to a foreign national, the foreign national is required to undergo medical examinations at a Singapore registered general practitioner and also, the foreign national must be certified to be fit for employment. After the successful process for a work permit, the applicant or the employer are able to collect the Work Permit Card (WPC) within four days after the registration. For the WPC, this 3-in-1 Work Permit identification card was first introduced in the year 1999 and the card actually combines the Work Permit, the Immigration Disembarkation/Embarkation card and as well as the Visit Pass. As



for the fees of the employment passes is concerned, the applicable fee is S$30 per year for the passes. In the application of an employment pass, aside from some of the general regulations or procedures which are mentioned above, there is also some other more detailed regulations or documentation which is essential for the application. All foreign workers except those who are domestic workers must be at least 16 years old at the time of the WP application.

To employ a WPC holder, the employers are subjected to work permit conditions and the Employment of Foreign Manpower Act. The applicant has also to follow the rules and regulations, procedures and information which differs depending on the work sector and as well as the nationalities.

2.1.3 Entrepreneur Pass (Entre Pass)

Entrepreneur Pass (EntrePass) is the primary type of work pass for owners of newly incorporated (or to be incorporated) who are not qualified under Employment Pass category due to the lack of education qualifications. Entrepreneur Pass is also initially issued for 1-2 years (at the discretion of authorities) and renewable after that as long as the business remains viable. Business owners who wish to incorporate a new company or have just incorporated a company less than six months old are eligible for this. There is no official quota system for EntrePass and each application is considered based in its own merit. EntrePass holders are eligible to apply for Permanent Residence (PR) status in due course.

Conditions for EntrePass applications:

• Company must be registered as a Private Limited Company; • Applicant to hold at least 30% shareholding in the company; • Company must have at least S$50,000 paid-up-capital; and • Company must not be registered for more than six months at the point of EntrePass application.

2.1.4 Personalized Employment Pass (PEP)

The Personalized Employment Pass (PEP) is a special type of Employment Pass that is not tied to a specific employer. The biggest benefit of having a PEP work permit is that holder can switch jobs without re-applying for a new employment pass provided the Holder of PEP is not remained unemployed for more than six months. PEP is issued for 5 years and is non-renewable. The holder of such



pass is not authorized to establish his own company or start his own business in Singapore. PEP holders are eligible to apply for PR status in due course.

All those individuals are eligible to apply for a PEP who has current EP, P or Q Pass. However, the basic salary of the person should be at least S$30,000 per annum during the previous year. Former P1 holders are also eligible for PEP but he/she should not have been unemployed for a continuous period of longer than six months at the time of application. The Overseas professionals, whose last drawn fixed monthly salary was equivalent to at least S$7,000, can also apply for PEP. The graduates from Singapore institutes of higher learning can also apply for PEP. The MOM is flexible on eligibility in these cases, based on the merits of the applicant and does not indicate the need for specific documents to submit except mentioned in application i-e Form 8. In case applicant does not currently hold a Singapore Employment Pass (EP), it is likely that MOM authorities may ask for additional details.

The processing time for PEP applications is about 2-3 weeks. Once application is approved, an In-Principle Approval (IPA) letter is sent to applicant which is valid for three months and he has to collect pass within this period from the MOM office in Singapore. Once issued, it is valid for five years.

2.1.5 Miscellaneous Work Pass

The Miscellaneous Work Pass is issued to foreigners working in Singapore on short-term assignments. More specifically if one is;

• involved in activities directly related to the organization or conduct of any seminar, conference, workshop, gathering or talk concerning any religion, race or community, or political end;

• a foreign religious worker; • a foreign journalist, reporter or an accompanying crew

member not sponsored by any Singapore Government agency.

There is no quota system for this category, each Miscellaneous Work Pass application is considered based in its own merit. Misc. Work Pass holders are not eligible to apply for PR status.

2.1.6 Offences and Penalties

Singapore system has introduced the penalties for both employers and workers. Employers caught illegally employing foreigners without valid work permit for 1st



time offenders have a maximum fine of S$15,000 or 12 months jail or both, and this will be over and above the restitution of any levy evaded by the employers. Second time and subsequent offenders face the same fines but there is a mandatory 1 to 12 month’s jail. Whereas the employer permitting foreigner without valid work passes to enter or remain at work place for first time have the same punishment as in the above case however in second time punishment is double i-e S$ 30000 and 24 months imprisonment.

The foreigners seeking self employment without valid work pass are being fined S$ 15000 (Max) and/or 12 months jail on first time conviction and double of it on second time conviction. The Providing false information to the Controller of Work Passes is also liable to punishment by charging fine of S$ 15000 and 12 month imprisonment.

The punishment for “Gives, sells, forges or unlawfully alters work pass” and “Uses or possesses a forged or unlawfully altered work pass or a work pass issued to another person” is recently enhanced. The enhanced punishment is fine of S$15000 and 12 months imprisonment. Similarly, failure to notify controller of false declaration is punishable by S$5000 and 6 months imprisonment.

2.1.7 Specific Requirements for Various Sectors

Ministry of Manpower (MOM) in Singapore has laid down specific criteria and requirements for each industrial sector keeping in view country’s social, cultural and economic conditions. Including the Construction sector, whole industry has been divided into four sectors and clearly define that what type of Business/firms fall in these categories. These sectors along with respective business activities are classified as under:

i) Manufacturing Sector

The manufacturing sector comprises of those companies engaged in the following business activities:

• Manufacturing of basic industrial acids and alkalis; • Mechanical engineering works; • Manufacturing and repair of oil/gas field machinery • Manufacturing of waxes, polishes and deodorants; • Electroplating, hot-tip galvanizing, die-casting and

heat treatment; • Wafer fabrication plants; or • Food manufacturing



ii) Service Sector The service sector comprises of those companies engaged in the following business activities:

• Financial, insurance, real estate and business services;

• Transport, storage and communications services; Commerce (retail and wholesale trade);

• Community, social and personal services (excluding domestic workers);

• Hotels; Restaurants, coffee shops, food courts and other approved food establishments; Dispatch and delivery services; or Hair-dressing and beauty shops;

It is worth mentioning here that Food-stall licensees paying an annual license fee of $13 cannot employ Work Permit holders. This is because food-stall licensees, unlike restaurants, normally operate small stalls in hawker centers, coffee shops or food courts; these are small and can be operated by the licensees alone or with family members.

iii) Marine Sector

According to description of activities mentioned in Singapore Standard Industrial Classification (SSIC) 2005, Marine sector includes companies with the following business activities:

• Building of ships, tankers and other ocean-going vessels ( including conversion of ships into off-shore structures);

• Repair of ships, tankers and other ocean-going vessels;

• Building and repair of pleasure crafts, lighters and boats;

• Manufacture and repair of marine engines and ship parts;

• Ship-repairing and Ship breaking

A company/firm that wishes to be classified under the ship-building and ship-repairing industry must be engaged in one of the 5 above mentioned ship-building or ship-repairing activities.

Only shipyards, resident contractors and common contractors supported by a registered shipyard are eligible to recruit foreign workers. They are



only allowed to work in the above mentioned ship-building or ship- repairing activities within a shipyard's premises.

2.1.8 Recruitment of Workers from Various Countries

The companies falling under the Manufacturing & Service sector are allowed to recruit workers from the following countries:

Malaysia; Hong Kong; Macau; South Korea; Taiwan; and People's Republic of China (PRC).

Whereas the Marine sector companies can recruit workers from the following countries:

Malaysia; and/or Non-Traditional Source (NTS) / North Asian Source (NAS) countries; and/or People's Republic of China (PRC).

The companies falling in Construction Sector can recruit workers from the following countries:

Malaysia; People's Republic of China (PRC); or Non-Traditional Sources (NTS): India, Sri Lanka, Thailand, Bangladesh, Myanmar, Philippines and Pakistan, North Asian Sources (NAS): Hong Kong, Macau, South Korea and Taiwan.

2.1.9 Procedure and Timeline

All complete applications along with the required documents are being submitted to Singapore’s Ministry of Manpower (MOM) – the government body that processes EP applications. The application can be filed manually or online. The processing of online application is quicker but it does not allow for attachment of supporting documents, these have to be deposited manually. The reality is that end-to-end processing time for an EP application can take anywhere between 2-6 weeks depending on a number of different factors.

2.1.10 Approval and Collection of Employment Pass

When Employment Pass (EP) application is approved, MOM mail In-Principle-Approval (IPA) letter to the employing company’s address as specified in the filled in application form. The letter has six-month’s validity and EP has to be



collected before it expires. The applicant has to come to Singapore to collect his Employment Pass.

In order to issue the EP work pass, MOM requires a copy of the IPA letter, passport, medical report, and any other documents that are requested in the approval letter. Applicant has to go through a medical test and produce the report while collecting Employment Pass. The medical tests may be completed in applicant’s own country through an established clinic/hospital nominated or recognized by MOM. The option is also available to get it done in Singapore. The entire requirements mentioned in the IPA have to be completed before receiving the EP.

If applicants belong to overseas and require an entry visa, a onetime entry visa is issued to him as part of the letter so that he may enter Singapore and collect his Employment Pass. In case an applicant has also applied for Dependant Passes (DP) for family, the same can also be collected at the same time when collecting EP.

It is worth mentioning here that if EP application is not approved as a matter of course but is subject to review and approval by authorities. Therefore applicant is not allowed to make any relocation plans until an In-Principle-Approval is received.

2.1.11 Disapproval for Employment Pass

All EP work visa applications are not liable to approve. MOM takes into account the applicant’s qualifications, work experience, and employer credentials when approving or rejecting applications. If the initial application is rejected, the applicant has a right to file an appeal with MOM by addressing the issues raised by authorities if appropriate. If the additional details submitted are satisfactory to MOM, the employment pass application is approved. The processing of an appeal application can take another 2-3 weeks.

2.1.12 Employment Pass Renewal Procedure

Generally two months before EP is due to expire, an Employment Pass Renewal Form is sent to employer’s address. The renewal application is to be completed and submitted to MOM at least four weeks before the pass expires. After renewal



application is approved, employer receives an approval letter. Applicant need to visit MOM office to collect his new Employment Pass.

2.2 Work Permit System (WPS) in Malaysia

The employment of Foreign Workers (FW) in Malaysia is also due to the shortage of manpower supply to meet the workforce demands. The Malaysians government is encouraging the foreign companies with foreign paid-up capital to invest in Malaysia. However it is the Government’s policy that Malaysians are eventually trained and employed at all levels of employment. Companies are encouraged to train more Malaysians so that the employment pattern at all levels of the organization may reflect the multi-racial composition of the country. Notwithstanding this, foreign companies are allowed to bring in expatriate personnel in areas where there is a shortage of trained Malaysians to do the job. In addition, foreign companies are also allowed “key posts”, that is, posts that are permanently filled by foreigners. The foreign companies are given some relaxation in this regard i-e. Key posts can be considered where the foreign paid-up capital is at least RM 500, 000. However, the number of key posts allowed depends on the merits of each case. For executive posts which require professional qualifications and practical experience, expatriates may be employed up to a maximum period of 10 years, subject to the condition that Malaysians are trained to eventually take over the posts. For non-executive posts which require technical skills and experience, expatriates are employed up to a maximum period of five years, subject to the condition that Malaysians are trained to eventually take over the posts.

An expatriate officer who is transferred from one post to another post within the same company is not required to obtain a new employment pass. His original employment pass will be amended to reflect the change in post. However, a new expatriate officer replacing another expatriate officer is required to obtain a fresh employment pass. All employment passes are valid for the period of time as approved for the post. However, for key posts holders, the employment passes are given on a 5-year renewable basis, except under circumstances where:-

• the validity of the expatriate's passport is less than 5 years;

• the employment contract agreement of the expatriate is less than 5 years; and



• the employer requires the services of the expatriate for less than 5 years.

2.2.1 Procedure for Expatriate Posts

All applications for expatriate posts (including key posts, executive and non-executive posts) are submitted to Malaysian Industrial Development Authority (MIDA) at the same time as the company’s application for approval of its project. If the company is unable to do so, it may submit its application for expatriate personnel at a later stage.

This procedure applies to expatriate personnel required by:

• Companies which propose to establish new projects. • Existing companies which propose to manufacture

additional products, that is, diversification of products. • Existing companies which propose to expand their

production capacities, that is, expansion of projects.

For companies which do not fall under the above categories, applications for extension of expatriate posts or for additional expatriate posts submit directly to the Immigration Department headquarters in Kuala Lumpur.

There is no levy on expatriate posts. However, a processing fee of RM300 per year or part thereof for key posts and RM 200 per year or part thereof for management/professional/technical posts is imposed.

2.2.2 Employment of Foreign Workers

The Foreign Workers Division of the Immigration Department is the approving authority for the employment of foreign workers belonging to the skilled, semi-skilled and unskilled categories (i.e. does not include expatriates under the management, professional and technical/supervisory categories).

Prior to July, 2006, the Malaysian companies or institutions were dealing directly to acquire the services of foreign workers. Employers had to find and manage FW on their own, including looking after their welfare, accommodation, transportation, etc. Employers were not able to fully concentrate on their companies’ core business. Most of the time employers remained busy obtain the clearance from government departments. On the other hand the Foreign Workers had many disadvantages – were not allowed to join any other company in case



the original appointee company was closed , and were not paid whenever they are without job. The FW have to go back their respective countries.

The Malaysian Government has amended their immigration system by approving the Foreign Workers Outsourcing System (FWOS) on July 5, 2006. According to this system various companies are given license to meet the manpower requirements of local companies. A Licensed Outsourcing Company (LOC) is a company that is permitted by Kementerian Hal Ehwal Dalam Negeri, Malaysia (KHEDN) a number of quotas to bring in legal FW from approved source countries, which in turn have been approved by the Department of Immigration Malaysia (JIM) to supply and to manage for the principal company. LOC is a new method of bringing in legal FW from source countries, which is not just to supply but also to manage the workers as their own employees where they must provide accommodation, transportation, salaries and benefits, FW’s insurance compensation scheme, etc.

There are also employers who only require the employment of FWs for a short duration to fulfill temporary demands that only arises during certain period. For example, employers in the manufacturing sector who need extra FWs to complete a large job order within a short timeframe. They might incur losses or lose their clients if they are unable to complete the job order within the timeframe set by their clients. Similar situation occurs in the case of employers in the plantation and farming sectors who need a large number of FWs during the harvesting season. Any delay in harvesting the crops, it results in the harvest being of low quality or even damaged. As a result, these employers incur losses. The need for FWs in the construction sector is different from the other sectors due to the nature of construction works that is being done in stages by different set of FW in different trades. FWs in the construction sector are being employed for specific tasks for limited time, i.e. concreting, bar bending, plastering, piping, electrical works, etc.

At present, employment of FWs is only allowed for the construction, farming, maid, manufacturing, plantation and services sectors. Employers are only allowed to request and employ FWs for a period of at least one year (due to payment of levy and the issuance of Temporary Work Permit (TWP) for a period of one year). There are also employers who only require the employment of FWs for a short duration to fulfill demands that only arises during certain period.

Approval of applications is based on the merits of each case and subject to conditions that will be determined from time to time. Applications to employ foreign workers is only considered when an effort to find qualified local citizens and permanent residents is not possible or failed. The approved/allowed sectors in which the foreign workers are allowed to recruit and the source countries from where the recruitment can be made for these sectors are placed at Annex – 2.2.



All applications for FWs are submitted to the One Stop Centre, Ministry of Home Affairs except for applications for foreign domestic helpers which are being submitted to Malaysia’s Immigration Department.

The need for FWs in the construction sector is different from the other sectors due to the nature of construction works that is being done in stages by different set of FWs in different trades. FWs in the construction sector are being employed for specific tasks for limited time, i.e. concreting, bar bending, plastering, piping, electrical works, etc.

Labor Exchange Centre Berhad (CLAB) is responsible to solve the problems of employers in the construction sector. (CLAB) acts as receiver and distributor to employers in need of FWs in the construction sector. In order to ensure CLAB operates effectively, the government has approved a quota of 20,000 FWs from source countries and 15,000 from Pakistan to CLAB.

Services sector consists of eleven sub sectors: i-e restaurant, cleaning services, cargo handling, launderette, caddy in golf club, barber, wholesale/retail, textile, metal/scraps/recycle activities, welfare homes and hotel/resort Island. There is trend in the Service sector that Malaysian living in the city are not inclined to hire foreign maid, but instead to engage cleaning service and house cleaning on the weekends. Consequently, such Malaysian employers resort to engaging the services of FWs provided by companies that practice the outsourcing concept, even though it is against the current policy. This is because such employers must obtain the service of such FWs by whatever means.

For the other sectors, the outsourcing concept is planned to carry out as long as parties/clients in need of the service of FWs. However, the unsupervised implementation of outsourcing could lead to oppression and injustice towards FWs that may tarnish the image of Malaysia in the eyes of the international community. As such, there is a need for outsourcing to be acknowledged as a legitimate approach in the recruitment of FWs. The Government can appoint and supervise capable companies to be in charge of recruiting, managing and employing FWs for clients in need of their services under the outsourcing concept.

2.2.3 Process for Selection of Outsourcing Compani es

An outsourcing company is only being selected after it has gone through an Interview Board at KHEDN comprising of:

• Secretary-General, KHEDN • Deputy Secretary-General, KHEDN • Director-General, JIM • Director-General, Department of Labor



After the interview, the companies are short listed by the Chairman of the Cabinet Committee on Foreign Workers. If all the formalities are completed then firm is issued license.

2.2.4 Criteria for Selection of Companies

A criterion for selection of LOC stipulates that the company must be registered under the Company Act 1965 with a paid-up capital of not less than RM100, 000. Company equities must be wholly owned by Malaysian and majority shareholders to be held by Bumiputra. Secondly, the companies or Board of Directors or owners must be experienced and specialized in recruiting, managing and administering workers’ welfare. The company should prove that they are able to provide jobs for the FW by showing proof of employment contract or letter of award or letter of intent.

2.2.5 Conditions for Approval of LOC

The company must place a deposit/bank guarantee/insurance guarantee as a guarantee to the Government. These deposits or guarantees are forfeited if the company is found to be misusing the outsourcing conditions. The deposit/bank guarantee/insurance guarantee that has to be paid is RM500 per approved FW or RM 250, 000 for every 500 workers. The company is responsible to manage the process of bringing in the FW into Malaysia subject to the following conditions:

• Payment of levy to the Government; • Use of biometric system is compulsory for FW who come

into Malaysia; • Ensuring that the FW who are brought into Malaysia have

jobs every day and month (excluding public holidays) and if any FW does not have a job, the outsourcing company has to pay a minimum allowance of RM400 per month;

• Ensuring that the FW have undergone medical check-up before they are issued a visiting pass (Temporary Employment Permit);

• Salary along with other allowances to FW is to be paid by the end of every month;

• An advance of their salary on every middle of the month; • Salary has to be paid using the biometric system which is

connected to JIM for monitoring purposes; • Providing accommodation and transportation;



• Providing medical benefits and FW Compensation Scheme

In addition, the company must prove that they have a contract document or letter of demand from the principal company.

2.2.6 Responsibilities of LOC

The LOC is only allowed to place FW in permitted sectors as stated in the letter of approval. Placement of FW in other sectors is not allowed, except if the company has written approval from KHEDN. The company is required to provide a report on the information of FW under employment to the Director-General, Department of Labor within 14 days from the date of employment according to Section 60K of the Employment Act 1955.

The company is to prepare a detailed report on the FWs under its employment, which is to be periodically submitted on the seventh day of every month to KHEDN, Ministry of Human Resource (MOHR), and JIM. The LOC is not allowed to provide the service to principal companies that have terminated their local workers or that can cause the termination/unemployment of local workers, i.e. quota of local workers and FW must be adhered to. The LOC is required to abide by all labor employment laws and rules. The LOC will have to send the FW back if they are unable to provide them with work/job within six months or if the worker is declared unfit or breaks the law or regulations. The LOC must always ensure and maintain their paid-up capital at a minimum of RM100, 000 and company equities are wholly owned by Malaysian and the majority share are held by Bumiputra.

Principal companies are required to make payment of service to the LOC at the end of every month. The LOC must also adhere with other conditions and policies which have been laid out by the Government time to time.

2.2.7 Revoking of Approval

Approval is based on the merits of each case and subject to conditions that will be determined from time to time. An employer's application to employ foreign workers is only considered after efforts to find qualified local citizens and permanent residents have failed.

To ensure that foreign labor is employed only when necessary, an annual levy on foreign workers is imposed. The rates of levy on foreign workers involved in the



manufacturing, services and construction sectors are RM125 per month and workers in the agricultural sector are RM30 per month.

The Government reserves the right to revoke the approval given to the LOC at anytime, whenever the company fails to abide by or breaks the conditions for approval as stated above.

The five sectors i-e Construction; Farming; Plantation; Services; and Manufacturing are allowed to use the services of LOC.

The Work Process of the Outsourcing System is illustrated at Annex 2.3.

2.2.8 Technical Committees

There are three technical committees involved in the employment process of foreign workers. Each committee has been assigned different task relating to foreign workers. These are;

• Cabinet Committee on Foreign Workers (JKK-PA) • Technical Committee on Employment of Foreign Workers

(JKT-EFW) • Technical Committee (JKT) on Appeal (JKT-A)

The task assigned to each committee is as follow;

a) Cabinet Committee on Foreign Workers (JKK-PA)

JKK-PA is overall responsible for formulation of policy on employment of foreign workers. It is also responsible for policy related to resolving problems associated with the presence of illegal foreign workers in the country. Deputy Prime Minister of Malaysia is the head of this committee. The committee of JKK-PA comprises on following members:

• Minister of Works, • Minister of Plantation Enterprises & Commodities, • Minister of International Trade and Industry, • Minister of Agriculture & Agro-based Industries • Minister of Tourism, • Minister of Human Resources, • Minister of Rural & Regional Development • Minister of Entrepreneur Development & Co-operatives, • Minister of Health



• Minister of Foreign Affairs, • Minister of Home Affairs,

b) Technical Committee on Employment of Foreign Wor kers (JKT-EFW)

The Technical Committee on Employment of Foreign Workers (JKT-EFW) in the construction sector is headed by the Deputy Secretary-General (Policy), KHEDN with members comprising representatives from:

• Ministry of Home Affairs, Malaysia • Department of Immigration Malaysia (JIM) • Construction Industry Development Board Malaysia (CIDB)

c) Technical Committee on Appeal (JKT-A)

The Technical Committee on Appeal (JKT-A) is chaired by the Secretary General, KHEDN. The functions of JKT on Appeal are:

• To review application rejected by JKT on Employment of Foreign Workers

• To review application for increasing the number of foreign workers

• Both the JKT on Employment of Foreign Workers and JKT on Appeal only deal with application of foreign workers in Peninsular Malaysia.

2.2.9 Process of Foreign Worker’s Application

The processing of application is divided into two phases. In the first phase, the employers complete all the requirements and submit the application to the department Kementerian Hal Ehwal Dalam Negeri (Malaysia) known as KHEDN, after entering the data forward the case to the JKT-EFW for convening a meeting to consider the request. The committee decides to accept or reject the application and inform the employer accordingly.

In case acceptance of the request of employer the second phase starts and employer arrange medical examination. Medical examination is conducted by clinics accredited by the Kementerian Kesihatan Malaysia (KKM) (Ministry of Health) at the source country. JIM only conducts random medical examination at the point of entry in Kuala Lumpur International Airport (KLIA). Extension for Work Permit Pass is to be certified by clinics duly registered with FOMEMA. After



the medical examination employer obtain passport’s particulars of the employee from source country and proceed for the calling visa (CV) from immigration department. After the confirmation, employee applies to obtain the entry visa from the Malaysian Embassy/ Councilor office. After the arrival of workers employer obtain PL (KS) sticker from immigration and complete the process. The flow process of both phases is placed at Annex – 2.4.

2.2.10 Types of Permits

a) Employment Pass (EP)

This type of pass is issued to foreigners planning to work under contract for a minimum period of two (2) years and earning a monthly income of RM 3, 000 or more in Malaysia.

b) Visit Pass (Temporary Employment)

This pass is issued to foreigners planning to work for less than twenty-four (24) months in Malaysia.

c) Visit Pass (Professional)

This pass is issued to allow foreigners entering Malaysia to engage in short-term contracts with any agency. The validity varies but cannot exceed twelve (12) months at a time. The groups of foreigners eligible for application include:

• Artists • Volunteers • Members of religious groups or institutions • Members of international organizations or agencies • Filmmakers, producers, photographers, actors, directors, etc… • Invited speakers, educators, and lecturers • Equipment installation or maintenance experts • Researchers recognized by the Government of Malaysia

d) Dependant Pass

This pass is issued to spouses and children of foreigners possessing an employment pass. The pass may be filed for application together with the employment pass application, or after approval of the employment pass. The



maximum duration of the dependant pass should also be aligned with the duration of the employment pass (around 2 years).

e) Spouse Permit

This permit is issued to foreign spouses married to a Malaysian Citizen. The duration is between six (6) months and two (2) years.

2.3 Conclusion

2.3.1 Singapore

The review of Singapore's policies on foreign workers reveals that the first decade of the country's independence was devoted to buildings its economic foundations, raising living standards, maintaining ethnic harmony among its diverse population, and increasing economic competitiveness by welcoming foreign companies and investors. Although strict controls initially were imposed on unskilled foreign workers, these were relaxed as the country became more industrialized, a process characterized by high export-led growth. Large numbers of unskilled laborers in the manufacturing, construction, and domestic services sectors came from "nontraditional" (meaning non-Malaysian) sources, such as India, Bangladesh, Sri Lanka, the Philippines, and Thailand, as part of bilateral agreements between Singapore and these countries.

Singapore's policies on foreign workers are embodied in legislation, regulations and an administrative system which ensures effective monitoring and control. The statutory provisions and administrative framework are continually being changed to adjust the change in circumstances/conditions. The employers of foreign workers are directly responsible for the workers in all respects, including the provision of accommodation and eventual repatriation. The long-term policy regarding foreign workers is to reduce the number of unskilled workers. However, those with skills are allowed to stay longer as these can’t be produced within short period. Employers are being given the incentive and encouragement to adopt working procedures and practices which will help achieve these aims.

Singapore has a small human resource base and its economic progress has been based on systematically upgrading the level of technology in all sectors, and adopting high value- added activities, while phasing out labor-intensive ones. Whereas the employment of foreign workers is permitted in some sectors, continue reliance on such workers is not desirable. The use of foreign workers not in Singapore only but all over the world is viewed as a necessary temporary



measure to avoid shortages which could hinder the nation's economic development. The long-term intention is to reduce the reliance on such workers however; the efforts are made to derive optimum benefit from these foreign workers.

The inflow of foreign workers into Singapore is controlled, and companies are urged and assisted with technical and managerial advice and financial incentives to adopt approaches which would enable them to substitute for low-skilled labor. The Government is determined to build up a highly skilled local workforce. Employers have been continuously urged to upgrade and automate their operations "because, in the long run, Singapore will not be able to compete with other countries which have cheap and abundant labor".

Since Singaporeans are reluctant to fill low-skilled jobs that pay low wages, Singapore turns to foreign workers to fill such positions. But because the government believes too much permanent, low-skilled migration is disruptive to society, its immigration policy ensures that unskilled and low-skilled migrants remain a transient workforce, subject to repatriation during periods of economic downturn.

The foreign workers are managed through a series of measures, including the work-permit system, the dependency ceiling (which regulates the proportion of foreign to local workers), and the foreign-worker levy. The percentage of foreign workers allowed per company varies according to sector and type of permit, and can range from 10 to 80 percent.

The foreign workers are confined by allowing to work for the employer and in the same occupation as reflected in the work permit and therefore cannot gain access to the local labor market. The termination of employment also results in the immediate termination of the work permit, and the worker must leave Singapore within seven days.

In addition, foreign workers are not allowed to marry Singaporeans or PRs, and they are subject to a regular medical examination that includes a general physical check-up, a chest x-ray, and a test for HIV/AIDS. Female work-permit holders (meaning foreign domestic workers) who, through the medical-screening process, are found to be pregnant are subject to repatriation without exception.

The other important measure is the monthly foreign-worker levy, which varies according to economic sector, worker’s skill level, and periodic adjustments with shifts in economic performance. On top of the levy, employers of work-permits



holders are also required to post a security bond for each (non-Malaysian) worker. Also, all employers of foreign domestic workers must take out personal accident insurance for each worker since foreign domestic workers are not entitled to claim workman's compensation.

2.3.2 Malaysia

In Malaysia, employment of foreign workers is allowed in selected sectors i-e construction, plantation, service (domestic servants, hotel industry trainers and instructors) and manufacturing sectors. Only nationals of Bangladesh, Cambodia, Indonesia, Pakistan, the Philippines, Sri Lanka and Thailand are allowed to be employed.

It is the Government’s policy that Malaysians are eventually trained and employed at all levels of employment. Companies are encouraged to train more Malaysians so that the employment pattern at all levels of the organization will reflect the multi-racial composition of the country.

The foreign companies are allowed to bring in expatriate personnel in areas where there is a shortage of trained Malaysians to do the job. In addition, foreign companies are also allowed “key posts”, that is, posts that are permanently filled by foreigners.

The Foreign Workers Division of the Immigration Department is only the approving authority for the employment of foreign workers belonging to the skilled, semi-skilled and unskilled categories.

Approval is based on the merits of each case and subject to conditions that will be determined from time to time. An employer's application to employ foreign workers will only considered if qualified local citizens and permanent residents is not finding.

To ensure that foreign labor is employed only when necessary, an annual levy on foreign workers is imposed. The rates of levy on foreign workers involved in the manufacturing, services and construction sectors are RM125 per month and workers in the agricultural sector are RM30 per month.

The companies whose foreign paid-up capital is more than US$ 2 million are allowed to fill five posts with expatriate including key posts without any prior permission. Additional expatriate posts are allowed when necessary, upon request.



The Companies whose foreign paid-up capital is less than US$ 2 million are being considered for expatriate posts on the basis of the following:

• Key posts can be considered where the foreign paid-up capital is at least RM500, 000. This figure, however, is only a guideline and the number of key posts allowed depends on the merits of each case.

• For executive posts which require professional qualifications and practical experience, expatriates may be employed up to a maximum period of 10 years, subject to the condition that Malaysians are trained to eventually take over the posts.

• For non-executive posts which require technical skills and experience, expatriates may be employed up to a maximum period of five years, subject to the condition that Malaysians are trained to eventually take over the posts.



Section 3: Work Permit System (WPS) in Afghanistan

The Government of Islamic Republic of Afghanistan (GoIRA) has started the registration of foreign employees who wish to legally work within Afghanistan, through the introduction of the “Work Permit System” (WPS). It is mandatory for foreign nationals to get themselves registered to work in Afghanistan. A Directorate of Work Permit is established under the administrative control of the Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD).This Directorate is now issuing Work Permits (WPs) to foreigners hired to work in various public and private organizations. It is pertinent to point out that the UN personnel including those working in its specialized agencies and military personnel of the NATO, The International Security Assistance Force (ISAF) and the Allied Forces in Afghanistan are exempted to obtain work permit.

An intending employer for foreign worker (s) - both of a governmental or private organization - is required to: i) seek prior approval from the competent authority, ii) apply for the entry visa, and iii) apply for the issuance of WP. The work permit is being issued according to a prescribed procedure.

3.1 Work Permit (WP) Procedure

In the pursuance of Article 4 of Labor Laws (Annex - 3.1) Statutes on the Employment of Foreign Citizens in Afghanistan Organizations was enforced for the purpose of regulating the criteria for the employment of Foreign Citizens employed on the contract basis in Afghanistan.

Directorate of Work Permit is dealing with both public and private sectors. The Afghan Government’s Ministries and Departments after selecting the foreigners whose services are required, issue an initial offer letter to the selected person and forward his case to Ministry of Foreign Affairs (MoFA) for the issuing the instruction for visa to the respective concerned embassy. The MoFA issues a fax number for obtaining visa. The selected person gets single entry visa or Double entry from his/her country and proceeds to Afghanistan. After the arrival of employee, the concerned Ministries/Departments forward the foreign employee’s particulars to the Directorate for the issuance of work permit.

Similarly the private sector after selecting the foreign person, contact the respective administrative Ministry or department/agency for obtaining clearance or approval. With the approval of competent authority the private sector also refer the case to MoFA for issuing the visa instruction to the respective embassy. In such cases the M/o Foreign Affairs also issue a Fax number to the respective



embassy for the issuance of visa. After the arrival of foreign employee host establishment take care for obtaining the work permit and to complete the other visa formalities for the foreign employee.

In case of Journalists, since they don’t have any host organization in Afghanistan; therefore they apply for work permit through Media Relation Department of MoFA which issues introductory letter for Work Permit.

3.1.1 Documents Required for Work Permit

All applications along with the required documents are being submitted to the Directorate for the issuance of work permits. There is no specific Application Form is available for this purpose. The applications on a plain paper addressed to the Director are being submitted along with required documents. The application is required to be submitted in Dari or Pashto. All applications are to be accompanied with following documents for processing the cases:

i. Original passport having legal visa with valid entry stamp; ii. Four recent photographs of the applicants; iii. Original license of the company/organization along with

two photo copies, in which employment is being offered; iv. Copy of the contract between the employee and

employer company / organization along with copy of contract prepared by the Directorate known as Foreigner Contract (Annex -3.2);

v. In case of renewal of work permit, the previous work permit, four photos, organization’s license and paid voucher of work permit renewal fee must be attached with an application;

vi. In case previous work permit is lost, the employee should make a formal announcement through (Afghan Ailanat), should provide announcement cutting and attach it with the request. Also the deposit slip of re-payment of work permit fee for the issuance of duplicate work permit;

vii. The Tariff voucher / challan (Bank deposit slip) issued by the Directorate to deposit the work permit fee. (The issued slip is valid only for three days. In case applicant couldn’t deposit the fee within three days than the applicant has to contact again to obtain the fresh tariff voucher.);



viii. Specimen signature of the authorized person designated to deal with work permit affairs on behalf of organization / applicant should be attached according to the format design by the Directorate; and

ix. All original educational documents of the employee with compared photo copy, required for the job.

3.1.2 Processing Flow The Directorate has three sections (Annex -3.3) in which the request of applicant is being processed. First, Tariff Unit checks all documents attached with the application and if these are found in order then applicant is handed over a letter addressed to Ministry of Interior (MoI) for the clearance of Interpol police. If the applicant brings the positive report from Interpol police the section issue him/her bank challan / voucher to deposit the Work Permit fee i-e AFS 7500 to DA AFGHANISTAN BANK. The issued tariff slip is valid only for three days. The applicant goes to the Bank and brings back the Fee deposit slip. After receiving the Bank deposit slip the case is forwarded to Documentation Unit.

The Documentation Unit checks the Tariff deposit slip and all other prepared documents, if everything found according to the rules and regulations, the Unit prepare the WP and pass on to Registration Unit for further action. The section maintains the record in following format.

S.No

Tariff No

Ministry / Org. Name

Representative’s Name

Number of work permit

Amount Bank Note #

and Date Work Permit #

1 2 3 4 5 6 7 8

The Registration Unit after receiving the WP maintain the record in the following book format and get the signature of Director on it for handing over to the representative of employer or foreign worker,

Wor

k P

erm

it N

o

Nam

e

F/n

ame

Ban

k N

ote

& d

ate

Em

ploy

er O

rg.

Org

aniz

atio

n A

dd.

Cel

l # (

repr

esen

tativ

e)

Pos

ition

(R

epre

sent

ativ

e)

Sou

rce

Cou

ntry

Pas

spor

t #

Dat

e of

issu

e

Dat

e of

exp

iry

Wor

k P

erm

it S

eria

l #

Rec

eipt

Pho

to

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15



Registration Unit keeps all documents in the respective Organization’s folder. (Each organization has one folder) and singed Work Permit handover to either Foreign Workers or the representative of Employer Organization.

On the expiry of work permit registration is crossed out with a red pen in the respective registration book. In case of dismissal/resignation, it is employer’s responsibility to return employee’s Work Permit back to the Directorate of Work Permit officially.

In case of renewal, the Directorate issues the new card and record the new WPC number along with the date of issue in the register at place where the particulars of previous WPC were recorded.

In case of changing work place, foreign employee has to go back to his County and come back again on the invitation of new Organization. The current processing flow is expressed in following flow chart.

Current Processing Flowchart

Cleared Not Cleared

Applicant’s

Representati

Directorate of

Work Permit

Tariff Unit

Ministry of

Interior Interpol

Section

DA

AFGHANISTAN

Bank

Documentation Unit

Registration Unit

Work Rejection



As a policy the work permit is being issued on following type of visa subject to completion of all prerequisites, and all rest type of visas are not eligible for the issuance of WP.

• Work visa • Single entry visa • Multiple entries visa

Apparently the processing procedure is seems too simple however there are many policy, administrative and technical deficiencies in it. There is no policy guidance that to whom the issuance of work permit will be made or denied and on what basis. There is no Standard Operating Procedure (SOP) for the system. The Directorate is given free hand to deny issuing WP. The concerned section reported that they deny the issuance of WP due to following four reasons;

i) Work Permit applied for some lower/unskilled position; ii) Higher position but person possesses lower educational

qualification; iii) Non clearance of Interpol; and iv) Irrelevant visas as mentioned above.

It is interesting to note that the concerned section has neither any approved classified list of occupations for which they can refuse the issuance of WP nor they have any matching criteria of educational qualification with occupations. The unit is exercising its own prerogative with reference to Article # 6 of Statutes on the Employment of Foreign Citizens in Afghanistan Organizations. Similarly many other procedural/corresponds flows exists, which are discussed in detail in following paragraphs. It is also observed that many initiatives were taken to protect the local labor market but nothing is done to ensure the implementation. For instant in the Foreigner Contract two clauses mentioned in Part B at serial No. 4 & 6 are related to the replacement of foreigner with local person and to train the local worker enabling to work independently in the absence of foreign worker respectively. But due to nonexistence of monitoring mechanism and policy and research section there is no check on it.



3.2 Issues and Problems

There are a number of administrative & technical issues – rather challenges in the context of immigration relate to different dimensions with regard to: i) information/data on immigrants, ii) regularization of non-registered foreign workers, iii) establishing database of immigrants, iv) diplomatic efficiency, v) efficient coordination between stakeholders, vi) protection of the rights of immigrants, vii) irregular immigration, viii) establishing the mechanism including regulatory framework, viii) developing institutional capacity.

3.2.1 Administrative Issues

The review reveals that neither government has any policy5 nor any system to utilize the services of foreign workers. There must be a high level forum/committee comprising all stakeholders to formulate the employment policy of foreign workers. The forum/ committee should be fully empowered to take the policy decisions keeping in view the country’s requirements and its labor market situation. The forum should also decide in which sectors the foreign workers may be employed and what type? Such forum can also identify the non-skilled occupations to deny the issuance of WP in order to protect the local workforce. It should also be responsible to resolve policy related issues. It is also noticed that public and private sector have a separate “competent authorities” to get permission to employ the foreign workers and these authorities are using their own prerogatives. There must be a single authority for the issuance of permission to utilize the services of foreign workers according to the prescribed policy.

It is noticed that many foreign workers are encouraged by the Public and Private sectors or by their own are entering in Afghanistan and performing the jobs for which the Afghan workforce is available. It is against the spirit of Article # 6 of the Statute. There is no procedure/law exists to implement this clause. Similarly many foreign private organizations even local private organizations are employing the foreigner as security guards, which are confronted with country’s law and Article # 6 of the Statute. There should be a competent body to review such issues and remove ambiguities and streamline the laws and implementation plan. The Article # 6 &12 of Statute needs more elaboration and clarity. According to the Article # 12 the Joint Ventures and Private Sector, in which

5 The “host” countries have Foreign Workers Employment Policies and proper regulatory and

institutional framework to utilize the services of expatriates. Unfortunately, Afghanistan has no

such policy so far.



foreign entrepreneurs or International Organizations invest, may employ the concerned foreign staff and expatriates according to the provision of these Statutes in line with the Afghanistan Private Domestic and Foreign Investment Law. The ambiguity provides the opportunity to Work Permit Section to use it prerogative to deny for the issuance of WP in some occupations.

The review of existing system reveals that three main ministries play their vital roles in the issuance process of WP. Ministry of Foreign Affairs initially Issue the Fax number enabling to receive visa, Interpol section of Ministry of Interior (MoI) issue clearance, MoLSAMD issues the WP and then again foreign worker approach to Ministry of Interior for multiple entry visa. Unfortunately, Articles 9 & 14 are silent to recognize/identify the role of Ministry of Interior. MoI controls the immigration laws and also responsible to maintain the security in the country. The MoI reviews the immigration laws and procedure of issuance of multiple entry visa time to time as required in the interest of country in perhaps consultation or on the direction of MoFA. It is also observed during the visit of Ministry of Interior that ministry has recently amended the procedure in consultation of Ministry of Foreign Affairs, for endorsing the multiple visa but not conveyed officially to MoLSAMD. There is a lack of coordination among these three main administrative ministries. It is also observed that no forum comprising on these three main stakeholders, is available in the system to review the procedure time to time. All three ministries are working in isolation.

It is further observed that there is no consistent and coordinated policy to extend the Malty-Entry visa by the MoI. In most of the cases MoI endorse the visa less or more than the valid period of WP. It should be according to the period mention on WPC. Even the visa may be extended one month ahead than the period mentioned on WPC enabling the WP holder to easily windup after the expiry of contract.

The problem of illegal/unregistered foreign workers is reported in the country which could be solved in coordination with MoI. The MoI may take the strict measures in consultation of others two stakeholders and can make amendments in immigration laws and can introduce heavy penalties/ imprisonment for defaulters.

It is also noticed that Afghan embassies/ consulates are not fully aware/briefed about the work permit system. In most of the cases the Afghan embassies/ consulates issue the tourist visas inspite of producing the offer / appointment letters. It create problem for the foreign worker as MoLSAMD refuse to issue the WP on such visas. The foreign workers in such cases have to go back to their



respective countries for the obtaining the eligible visa (single entry visa) enabling themselves to obtain WP. It is infact wastage of financial resources and time of individual as well as the organization. It is only due to the absence of combine forum of three ministries to review the system time to time and to take measures to avoid these types of problems. These types of problems may be solved by making amendments in law or changing the procedure, issuing proper guidelines or improving diplomatic efficiency.

In the present setup there in no provision to give the right of appeal to a person who is refused to issue the WP. It is possible that Interpol police may not issue clearance to any one due to misreporting or some mistake in the record. The person or employing authority has no opportunity to appeal for the revision of decision. There must be forum to review the rejected applications.

The issuance of WP is centralized. In the present system the WP is being issued only from Kabul and there are no sub offices in the other provinces. Resultantly, everyone has to approach to the Directorate of Work Permit in Kabul to obtain the WP. The alternate arrangements do not exist to facilitate the foreign workers or employers to obtain their WP staying remain on their working stations. It is also evident from present system that either employer representative or employee has to follow at each step right from beginning to end. The role of efficient courier service could be introduced to facilitate the employers and employees to receive the WPs at their work place. This core of action could also be source of generating the some job opportunities for local people.

There is another serious shortcoming in the system that the delay at the part of others institution or individuals are being counted at Directorate’s part. For instance the individuals are bound to get introductory letter from Directorate for Interpol clearance. If Interpol section of MoI takes four or five days to issue clearance or similarly if any FW or its representative couldn’t deposit WP fee in time, these days are counted towards delay issuance of WP. This may be avoided by allowing getting direct clearance and depositing WP fee directly. MoI may be developed their own system to issues the clearance and can also charge nominal fee for it.

The organizational setup is not acquainted to meet the requirements of managing the international migration. There are two sections working in isolation under one administrative control for the registration of foreign workers and dealing with the matters related to outgoing Afghan workers. There is no computer/IT section for the support of these sections. The organizational setup and functions have to be revised to reduce the administrative expenditures and to enhance the efficiency. Recently (during the preparing of this report) the Directorate of Work Permit has



been converted into the unit. Its internal formation changed. The duties /function of each section and personals are redesigned. The tariff and Documentation section are merged and a new section is introduced namely Mobile Inspection Unit. The task assigned to new section to establish the liaison with public and private sector, inspection of WP and enforcement of the WP rules and regulations. Inspite of these changes there is still need to revise the basic structure of organizational setup and revised their functions. Most of the functions (Annex -3.3) assigned to these sections are not being performed.

3.2.2 Technical Issues In the absence of reliable data at national level it is difficult to formulate national policies. The aim of MoLSAMD is to prepare policy on gradually reducing the dependence on the foreign workers and prepare HRD program to replace them with local work force but it is not possible without any policy on Employment of Foreign Workers. Obviously the effective policy needs a sound database. The present set up is not producing any statistics on the characteristics of foreign workers and employers by type of economic activities by region, public & private institutions. The statistics regarding by gender, age, occupation, duration, qualifications, experience, skills and country of origin of expatriates is also not being compiled at present. This information is required for proper manpower planning and better regulation. Although, it could be possible through manual manipulations if the registration system of foreign workers was design properly. The unique coding system could be introduced for compiling the required statistics manually. Even the data could be compiled by using simple spread sheets of Excel and SPSS etc. It is worth mentioning here that Registration section is preparing four statistical reports for its own consumption. These are as follow;

• Total Work Permits issued By Country ( section update it time to time);

• Year-wise Work Permit by New and Renewed; • Monthly Report of Work Permit by New and Renewed; and • Daily Report of WP by New and Renewed.

Only daily report is being sent to the Deputy Minister (Labor) for information. It is interesting to note during the visit of Directorate that they have never been asked to produce such statistics.



It is also observed that the system is missing one capable and competent research unit to feed back the government for formulating the policies or making changes in these time to time according to the structural changes in the economy. Perhaps, this may also be a reason that present system has no pressure to compile the necessary statistics required for better human resource planning and management. It is also reported by Ministry of Mines that in most of the cases some advisors/consultant and highly skilled workers are invited for two to three months. It becomes very difficult most of the time to obtain the WP for them during their short stay. It reflects the lack of coordination among three administrative units particularly between MoI and MoLSAMD. It emphasis that the distinction may be made between consultancy of short period and employment and have a separate procedure to record the short visits consultants/highly skilled workers. In the present system there is no systematic arrangements for the cancellation, renewal and temporarily deferring the WP. The employers can simply forward the application for the cancellation or for the renewal but the system is silent in case if any person left the Afghanistan without any intimation to employer than what should be the core of action? It is necessary to find out the various possibilities and then to make provision in the system to handle these. 3.2.3 Revenue Generation

The one of the outcome of the WPS is to generate the government revenue. The work permit is being issued by charging a fee / charges of AFs 7500. Initially the WP fee was AFs 2500 in 2005, which is increased to AFs 7500 in 2007. WP most commonly has maximum validity of up to one year although it can be renewed for another period but the renewal fee is same. Similarly in case of lose or damage, the duplicate WP is being issued by charging same fee.

Apart from the WP fee the foreign workers are also paying the Income Tax, which is a handsome collection. During the visit Income Tax department, it is noticed that at present the department is not handling the foreign workers separately therefore it is not possible to assess the amount being collected as Income Tax from foreign workers. However, the IT office is in the process of developing new computerized system then it would be possible to generate such information. Overall a considerable amount is be contributed directly and indirectly by the foreign workers in government revenue. The foreign workers are being charged Income Tax according to following schedule which is also applicable to local workers.



Personal Income Tax Schedule

S.No Income Groups

(AFs) Income Tax

Rate

i 0 - 5000 Nil

ii 5000 -12000 2%

iii 12000 - 100000 AFs 150 + 10%

iv 100000 and above AFs 8900 + 20 %

The revenue generation may increase by increasing coverage of registration of foreign workers. Apart from this the new avenues may be fined for revenue generation.



Section: 4 Work Permit System’s Reforms

The review of existing WP system reveals that there is large scope of improvement in the system keeping in view the country’s social and economic conditions. At present the whole WP system in being operated without any policy. In this section some administrative, organizational and procedural reforms are being suggested to streamline the WPS. Beside some recommendations are also being made to rationalize the revenue generations and to ensure the full coverage of registration of foreign workers. These recommendations will make the current system more convenient, smooth and rational. The recommendations will also reduce the WP preparing and issuance time.

4.1 Administrative Reforms

Since the present WPS system is being executed without any policy on employment of foreign workers and there is no forum available in the country to formulate, approve and to review periodically the policy and procedure to utilize the services of expatriates. In the absence of such forum, lot of confusion and irregularities exists. The present system needs a mechanism for policy formulation and to review it time to time in the light of structural changes in labor market. The forum should also be empowered to take the decisions about necessary legislation to implement the policy. Apart from policy forum monitoring and evaluation mechanism is also necessary for an effective managing migration system. The following two committees are proposed to streamline the system.

4.1.1 Cabinet Committee on Foreign Workers (CCFW)

It is imperative to have high powered government forum to prepare a policy for the employment of foreign workers as well as to tackle the issue of unemployment by taking measures to train and prepare the Afghan workers to replace the foreign workers. Since the subject comes under the preview of MoLSAMD therefore, it should be the focal agency and perform as a secretariat of the forum.

The committee may comprise on the ministers of all important ministries which are using the services of foreign expatriates and control directly or indirectly regulation and registration of foreign workers. The main task of committee should be the formulation of policy on employment of foreign workers. It should also be responsible resolving policy related issues and the presence of illegal foreign workers in the country. In principle the role of the committee will be to deal with policy, legislation, administrative structures and issues, operational systems and



Human Resource Development (HRD) to address the country’s migration problems. The meetings of the committee should be headed by the Chief Executive of the country. The following ministries are proposed to be included in the committee.

Composition of CCFW

i) Ministry of Foreign Affairs; ii) Ministry of Interior; iii) Ministry of Higher Education iv) Ministry of Education; v) Ministry of Defense; vi) Ministry of Finance; vii) Ministry of Mines; viii) Ministry of Commerce and Industry; ix) Ministry of Communications & Information Technology; x) Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD)

TORs of CCFW

i) Formulation the policy on Employment of Foreign Workers; ii) Approval of procedure for the registration of foreign workers; iii) Strategy of phasing out the dependence on the foreign

workers; iv) Review of Labor Market of the country and revision of policy

in the light of structural changes; v) Approval of the sectors/occupations in which the services of

foreign workers are required; vi) Approval of source countries from where the foreign workers

are allowed to utilize the services; vii) Strategy to ensure the registration of all foreign workers; and viii) monitoring and evaluation of WPS:

4.1.2 Steering Committee on Work Permit System (SCWPS)

The present system does not have any statuary body to supervise/ monitor the working of WPS, resolve the issues and problems and to revise it for making it more convenient and efficient. Moreover, the present system does not provide any right to foreign national or employer to appeal on refusal of issuance of work permit. Therefore, a steering Committee is suggested to monitor the WP system



and for the consideration of appeals of employers/foreign nationals. The steering committee will also ensure the implementation of policy formulated by CCFW.

Composition of SCWPS

The steering committee may comprise senior representative i-e Deputy Ministers of the following three administrative ministries playing important role in WPS.

i) Ministry of Interior (MoI); ii) Ministry of Foreign Affairs (MoFA); and iii) Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD).

TORs of SCWPS

i) To monitor and evaluate the WP system of foreign workers; ii) To ensure the implementation of policy approved by CCFW; and iii) To review appeal applications on denial to issue WP; iv) Preparing recommendation for the consideration of CCFW in the

light of monitoring.

4.2 Organizational Reforms

4.2.1 Establishment of Bureau of Migration

MoLSAMD is in the process of reorganization of its structure. Therefore, it is the time that a well organized institution under its administrative control may be established to regulate and manage the emigration and immigration (registration of foreign workers). There must be a one establishment to deal with the affairs of outgoing Afghan workers and the promotion of the overseas employment as well as the registration of foreign workers. It is recommended that there must be a Bureau of Migration (Annex - 4.1) to deal the subject. The new organization should have two independent sections dealing with the both subjects separately and one IT section to support and maintain Database. The main functions of the Bureau are proposed as under:



Role and Responsibilities 6 of Bureau

The proposed objectives and functions of the Bureau of Migration are as under:

i) To register the foreign workers and to promote foreign employment with a view to reduce the pressure of unemployment in the country;

ii) To maintain the Database of foreign workers, outgoing Afghan workers and returning migrents;

iii) To supervise the activities of private employment promoters and establish direct liaison with these to update the Database;

iv) To devise procedure for controlling and regulating foreign workers registration and emigrants proceeding abroad:

v) To protect the terms and conditions of contracts of emigrants;

vi) To advise GoIRA to explore foreign employment opportunities and reducing dependence on foreign workers;

vii) Assessment of the availability of Afghan workforce to replace the foreign workers and to meet the demand of foreign countries;

viii) To provide pre-appointment briefing and reorientation to Afghan workers selected for foreign employments in line with the specific requirements of country of destination:

ix) To devise procedure for settling disputes of foreign workers and Afghan workers regarding breaches of service contracts, etc;

x) To deal with death compensation settlement and insurance claims etc;

xi) To look after the welfare of returning migrants and devise System for utilizing the skills of retuning migrants and assisting and advising them for resettling in country;

xii) To devise the policy to increase the foreign exchange remittances through formal banking channels; and

xiii) In view of the overseas manpower demand and incoming foreign workers suggest to GoIRA for restructuring the educational curriculum and technical and vocational training policies.

6 The role and responsibilities are proposed in view of combined organization set up dealing with both immigration and emigration. More responsibilities can be assigned to the Bureau as the proposed organizational setup will be fully functional.



Organizational Setup of Bureau

The proposed bureau will work as a subordinate department of the MoLSAMD and will be headed by a senior officer equivalent to the status of present Director General of the ministry. The Bureau is proposed to be having four major sections. The working of the Bureau may be distributed in following four sections:

i) Immigration; ii) Emigration; iii) I T section; and iv) Administration;

The Bureau is also proposed to have field offices in various provinces. However, the establishment of field offices may be initiated gradually after assessing the work load of WP and quantity of Afghan workers proceeding abroad from those provinces.

The Immigration and Emigration sections will further be divided in sub sections / Desk. Since the present report deals with the WPS therefore, the responsibilities in respect of emigration will be discussed in detail in 2nd part of the report on Emigration system. Broadly the above four sections will perform the following jobs;

i) The immigration section will be responsible to register all the foreign workers and the issuance of work permit to them. It will also implement the policy/procedure approved by the CCFW and SCWPS.

ii) The Emigration section will facilitate the Afghan workers as per the policy and procedure approved by the Cabinet Committee on Emigration (CCoE)7 or any other forum dealing with emigration matters. It will also ensure to perform the all function mentioned in above section “Jobs and Responsibilities of Bureau” in respect of Afghan workers proceeding abroad for jobs.

iii) I T section will be responsible for data entry and preparation of Work Permit cards, to maintain Database of foreign workers, outgoing Afghan workers, returning migrants, processing of all type of registrations, software

7 The committee to be proposed in second part of the report to deal with the policy matters

regarding outgoing Afghan workers (emigrants).



implementation, maintenance and up-gradation of website, technical facilitation in hardware procurements, utilization of new technology, technical facilitation in up- gradation of technology related system and processes, maintaining network with other administrative stockholders receiving/downloading foreign workers application and electronic processing, ensure electronic correspondence with others field offices, release of periodically statistical bulletins.

iv) The Administration section will be responsible to deal with personal administration, pay and allowances of staff, preparation of annual budget for the whole institution, general administration i-e transport, procurement, maintenance of equipments, security of office etc. maintaining the record revenue generated by the registration of foreign workers and from outgoing Afghan workers, reconciliation with other financial institution i-e Ministry of Finance and Banks. Function of Field Offices The offices will collect only applications in the respective province and will forward to headquarter (i-e Bureau of Migration in Kabul) for the processing and preparation of WP. The bureau will process the applications and will prepare the WPCs. The WPCs will be sent to field office for distribution. The field office will maintain the record of WP processed through the office.

4.2.2 Establishment of Policy & Research Unit (PRU)

The policy is defined as an attempt by the government to address the issues. The issue needs to be diagnoses on the basis of real facts and figures. The formulation of policy requires a detailed analysis of entire system, requirements of stakeholders and possible impacts. The implementation of policy may also be hindered due to lack of depth analysis in planning stages. It is therefore, necessary that policy should be based on real facts and figures and proper homework. At present MoLSAMD is missing such technical support. Moreover the existing system is not conducting research to find out the shortcomings and not producing required statistics for policy formulation. In these circumstances it will be worthwhile either to redesign the role and responsibility of the existing



Directorate of Policy, Planning & External Relation or may be created a Policy and Research Unit (PRU) in the newly proposed Bureau of Migration (Annex -4.1 Option II) as a section to feed back the CCFW and SCWPS. In both cases the following role and responsibilities are proposed to be assigned to PRU.

Role and Responsibilities of PRU

� Periodic assessment, review and analysis of manpower resources and requirements of the country;

� Collection and compilation of relevant statistics required to support/feedback to CCFW and SCWPS;

� Periodic assessment, review and analysis of labor market situation within the country & assessment of overseas manpower requirements;

� Review and analysis of Labor Market Information System (LMIS) consequences of Economic Development;

� Critical review and analysis of the process/procedures of immigration and emigration policies of the competitive countries;

� preparation of plans to meet the overseas/ Middle East countries’ manpower requirements;

� Policy planning for vocational and technical training in the country to meet the country’s as well as overseas employment requirements;

� Research into problems of overseas Afghanis, promotion and coordination of measures best suited to resolving them and motivating Afghanis citizens (Diaspora Resources) abroad to strengthen their links with the mother country;

� Improvement in the method and process to increase the demand of Afghan workers in the Middle East countries;

� Worked as coordinator to evolve the system for “Exit” & “Entry’ of Afghans and foreign workers;

� Preparation of Data Base for the available workforce within the country and foreign workers;

� Conducting research/surveys and preparation of strategies to achieve the overseas employment targets.

� Preparations of policy to increase the remittances through the formal banking system counter the hawala system, which is more cost-effective and versatile than bank transfer.



� To work as a secretariat of CCFW and SCWPS; and � Preparation of working papers for CCFW and SCWPS:

4.2.3 Work Permit Categories

The GoIRA is in rebuilding process of its infrastructure and economy of the country. The government is facing two types of problems to carry out this process. First they need highly qualified and experienced workers which are not available within country, to reconstruct its infrastructure and explore its natural recourses to boost up economic growth. Consequently, the government is allowing the utilization of foreign workers in public and private sectors. Second there is huge unemployment within the country and there is dire need to create the employment opportunities. It is observed that most of the foreign companies and private sector prefer to utilize the services of foreign unskilled workers due to special circumstances existing in the country. This act further minimizes the job opportunities for the Afghan nationals.

The Afghan national and Government on various occasions expressed concern about the potential social impact of a large pool of migrant, particularly unskilled workers and over-dependence on foreign labor, quite aside from the concern about its impact on the restructuring of the economy. It can only be addressed with an effective employment policy of foreign workers which unfortunately missing at present. The government policy of employment of foreign workers should be based on following two objectives:

i) Phasing out dependence on foreign workers; and ii) Developing Human Resource of Afghan workforce to replace

foreign workers.

Keeping in view the above objectives, it is proposed to introduce two types of WPCs - one for the highly skilled/professional foreign workers and second Semi skilled/Low skilled workers. The highly skilled professionals can’t be prepared in short period, for them need to make changes in the educational structure and technical and vocational training system. Whereas semi or low skilled needs one to two years time span for preparation to replace the foreign workers.

The Policy and Research Unit should clearly define the list of occupations falling under these two categories in line with the country’s requirements for the approval of CCFW enabling the Bureau to issue the WP accordingly.



The definition of highly skilled workers is quite problematic; as there is no agreed international definition. Many countries have their own definitions developed keeping in view their own environments. The PRU should develop various definitions including highly skilled and semi/low skilled after studying the various definitions in use. Using these definitions PRU have to recommend the list of occupations using International Standard Classification of Occupational codes for approval of CCFW. The following definitions may be considered as a starting point to initiate the work.

i) Highly Skilled: A highly skilled worker is one who completed higher level of education i-e PhD, Master Degree or equivalent level and who is capable of work and supervises efficiently the work of skilled/semi skilled workers in the field of education completed.

ii) Semi / low Skilled: A semiskilled worker is one who acquires the lower level of education and skill through technical & vocational training, apprenticeship. He does work generally of defined routine nature wherein the major requirement is not so much of the judgment, skill and but for proper discharge of duties assigned to him or relatively narrow job and where important decisions made by others. His work is thus limited to the performance of routine operations of limited scope.

iii) Unskilled: An unskilled worker is one who does operations that involve the performance of simple duties, which require the experience of little of no independent judgment or previous experience although familiarity with the occupational environment is necessary. His work may thus require in addition to physical exertion familiarity with variety of articles or goods.

iv) Professional:

A professional worker is who has obtained a high level degree in a professional field, enjoy considerable work autonomy, a comfortable salary, and are commonly engaged in creative and intellectually challenging work but less technically. The term



professional is used more generally to denote a white collar working person, or a person who performs commercially in a field typically reserved for hobbyists or amateurs.

On the basis of above definitions or these can be amended suited to the current labor market situation, the occupations list may be prepared and can be notified to public and private sector for utilizing the services of foreign workers, but it should be a part of the overall policy approved by the CCFW.

It is further proposed that the issuance of WP card to highly professional/ skilled workers may be issued for maximum five years or period of employment whichever is less. However, the issuance of the work permit to semi/low skilled workers may be issued with the condition that employer/organization will trained a local Afghan national to replace the foreign worker on the expiry of WP. Therefore the period of issuance of WP may be linked with time required for training of local person. It again depends on the homework of PRU, the unit can conduct research on time required to train person in various occupations and the time frame for the issuance of WP may be designed accordingly.

Initially, it is proposed to issue for two years or the period of contract whichever is less. The provision of one year grace time may be introduced to extend the WP with some special fee if employer/ organization could not trained person in two year time. The employer has to give undertaking for the preparation of replacement of foreign worker. This condition will not be applicable if the foreign worker is being employed for less than one year, however, to ensure the implementation of this reform the said employer/organization will not be granted WP in same trade/ occupation. For this purpose the necessary amendments have to be made in law.

4.2.4 Design of Cards

Two types of cards are being proposed therefore; two different types of Work Permit Cards (WPCs) are required. These cards must be differentiated from each other by using different colors. One may be used for highly professional/skilled workers and other for semi/low skilled workers. Each card should have a unique number which can also be used in processing of data required for policy and planning.

The electronic cards may be introduced for this purpose. The new cards should contain security features. Technology is continuously evolving and it is important to use it in the preparation of cards. The new card may be prepared by using



micro-lettering and fine line which is difficult to copy. There is provision to record the photograph and details of cardholder on a bar code in an encrypted format, which could be accessible only to authorized officials.

The second option is to prepare Work Permit Cards (WPCs) similar to ATM cards. It is easy, common and cheap now-a-days. In both cases the card will contain the name of person and a card number. All other information about card holder will be displayed on computer using electronic black strip.

The third option is that a printing of PVC card may introduce for the issuance of WPC containing, Name of card holder, Occupation, Passport #, Nationality, Issue & Expiry Dates of WP, Organization and its Address using PVC card theology presently using by various institution like Kabul Bank. PVC card printing is lower in cost and easy in dual sides printing. The detail information about its features is attached at Annex – 4.2. The following design is proposed with two different colors.

WPC for Highly Professional/Skilled Worker

Blue WPC

WPC for Semi/Low-Skilled Worker

WPC for Semi/low Skilled Worker

Yellow WPC



WPC for Low Skilled/Un-Skilled Worker

Yellow WPC

4.2.5 Sequential Procedure for WPC

Each WPC will be allocated one serial number of fifteen (15) digit number. The distribution of these 15 digits will be as follow:

i) The first four digits will refer to the country destination of foreign worker. The international telephone dialing codes may be used for this purpose. For example, if following number is given then it refer that worker belongs to INDIA.

0 0 9 1

ii) The next two digits will refer to the province of Afghanistan where foreign worker is placed by



employer organization. Since there are 34 provinces exist therefore Alphabetic code list is prepared and placed at Annex – 4.3. For example, if following code is given than it means that the foreign worker’s place of duty is BALKH province.

0 3

iii) The next two digits will refer to the establishments’ business field according to the international industrial classification as per Annex - 4.4. For example, if following code is given than it means that the foreign worker is employed in the establishment which falls in Mine sector.

0 2

iv) The next seven digits will refer to the serial number within the country code given at first three places. For example, if following code is given than it means that the foreign worker is the 123rd worker.

0 0 0 0 1 2 3

The combine serial number 009103020000123 will represent that the foreign worker is 123rd belonging to India and working in Balkh province. His establishment falls in Mining sector.

4.3 Procedural Reforms

In order to simplify the WPS the following procedural reforms are suggested. These are as follow:

i) The ER/FW should approach directly to the Interpol section of Interior Ministry for obtaining the clearance before applying for WP. There is no justification to come first to Bureau to obtain introductory letter for the clearance of Interpol.



ii) The Ministry of Interior may develop a simple procedure and design standard clearance certificate format and can issue by charging nominal fee. It will generate the government revenue. It will eliminate one visit of employer’s representatives/foreign worker to the Bureau.

iii) The WPC fee procedure is also to be changed. The work permit fee should also be deposited by the applicant or his/her representative before submitting the application and attached the bank deposit slip with the application. There is no need to visit the Bureau to collect the tariff slip or any other slip and then go to the bank for deposit the fee. After clearance from Interpol the applicant should go directly to DA AFGHANISTAN BANK and should deposit fee by filling the deposit slip in quadruplet. The Bank should return two slips to depositor. The depositor should attach one with the application and other for his/her own record.

iv) ER/FW has to deposit the fee separately for each foreign worker’s WP and attach the deposit slip with respective application.

v) The fee of WP will be deposited according to the contract period. If the contract with FW is for two years and employer establishment desire to get WP for two years than establishment will deposit two year WP fee and Bureau will issue WP for two years. For the extension of another period after two years the WP fee will again be deposited for the extended period.

vi) The employer organization will be given option to obtain WP for once or in parts by paying requisite annual fee.

vii) The bank and Bureau will reconcile the account periodically i-e weekly, fortnightly, or monthly basis which is suitable and convenient to both institutions. The procedure of reconciliation may be agreed by mutual settlement.

viii) The Bank and Bureau will send a joint reconcile statement to Ministry of Finance.

ix) IT section of the Bureau will also prepare a report containing Name, Serial No. and particulars of bank deposit slip on following format for cross checking. The same would be used as secondary source for reconciliation.

S.No Name of WPC Holder

WPC # Bank Slip #

Date of Deposit



x) Blue WP (For highly skilled/professional workers) will be issued for

maximum five years or according to request made by employer organization whichever is less. In case the employer’s initial request is less than five year then it will be extend able up to period five years if further request(s) is made by employer.

xi) Yellow WP (For semi/low skilled workers) will be issued for two years subject to train a local person during the employment period of foreign workers.

xii) In case training of local person is required more period and not fully prepared to take over the job of foreign worker and employer organization needs to extend WP for another period. The yellow card will be extendable only for another one year or according to the policy approved by CCFW.

xiii) A Temporary Work Permit/Pass may also be introduced to accommodate the short visits of foreign nationals who visits to conduct the technical training courses, seminars, workshop or on advisory trips. The period of short visit may be determined in consultation of some important ministries or other government departments. However initially it is recommended to issue such WP/Pass to those foreigners who are visiting for less than three months. Such Foreigners may be exempted from Interpol clearance and Income Tax also but WP fee may be charged little bit higher than normal WP fee. The policy and modalities of issuance of WP may be discussed and finalized in above recommended Policy and Monitoring Forums.

xiv) CCFW will deal with policy, legislation, administrative structure and issues, operational systems and Human Resource Development to diverse migration problems.

xv) SCWPS will monitor the WPS and will ensure that a procedure is in line with the policy approved by the CCFW.

xvi) MoI will extend the visa 15/30 days ahead than the period mentioned on WPC enabling WP holders to have enough time to wind up.

xvii) Various simple standard forms are being introduced to make various requests to Bureau in various situations.

xviii) In case of issuance duplicate cards the “Duplicate” will be written on the cards with all previous particulars.

xix) In case of renewal the issue and expiry dates will be changed accordingly whereas all other particulars will remain same.



xx) In case if employee complete his/her job period according to contract and employer don’t need the services of foreign employee or employing establishment is not in position to utilize the services of any more due to its own administrative/financial reasons, the foreign employee will be allowed to join other establishment without going back to his country provided the any other establishment make requisition for his/her services

xxi) The employer/ foreign worker is given right to appeal in case of refusal to issue the WPC or against cancellation of WPC. The effectees may appeal which will be considered by the SCWPS.

xxii) The employer will be remain responsible to deposit the Income Tax of the employee on his behalf and ensure to be deposited in government account. The employer organization will submit a statement by each FW to the income tax department at the end of financial year indicating the number of foreign workers employed in the organization and tax deducted at source and proof of depositing in Government account. The modalities and format of report may design by Income Tax department.

xxiii) The age limit for foreign workers is also to be changed. The lower limit of 18 years will remain same however, the upper limit need to be 65 years as most of the highly qualified professional experts and consultants are fall in the age group of 55 – 65. In most of the countries the experts/consultants are available in this age group after retiring from their regular service.

xxiv) The original passport, copies of educational certificates, copy of government contract, original license of the company/organization and original educational documents of the employee will no more require submitting along with Application Form.

4.3.1 Procedure for WPC Issuance

a) Requirement for New WP of Both Categories

A standard application form containing important information of foreign workers and employing establishment is designed and placed at Annex - 4.5. It also contains all necessary details to generate the data required for policy and planning or preparing replacement plan of foreign workers. The application form will be made available on web side and will also be made available to collect from the Bureau or DA AFGHANISTAN BANK. The employer establishment will submit the filled in Application Form for each WP to the Bureau office with following documents:



i) Bank deposit slip of Work Permit Fee; ii) Clearance certificate of Interpol of Ministry of Interior: iii) Copy of the contract between the employee and employer company

/ organization iv) Four passport size photograph; and v) Photo copy of first page, or other relevant page of Passport. vi) Undertaking of employer organization as per Annex - 4.6.

b) Requirement for Renewal of WP Both Categories

In case of renewal of WP, the employer organization/foreign worker will apply on Form 2 (Annex - 4.7) one month before the expiry of WP with the following documents.

i. Fee deposit slip bank for renewal of Work Permit; ii. Copy of renewal/extension of contract (if applicable); iii. Undertaking of employer organization as per Annex – 4.6. iv. Reason for extension/renewal.

c) Requirement for Duplicate WP In case of loss/damage of WPC the employer organization or employee will apply on Form 3 (Annex 4.8) for the issuance of duplicate WP along with fee deposit slip of bank for the issuance of duplicate WP.

d) Cancellation of WP The WPC will liable to be cancelled on the request of immigration authority, Ministry of Interior, Ministry of Foreign Affairs, or any other government agency responsible to maintain the law and order in the country. The employer organization may also request for cancellation the WPC in case employee is not up to the required standard to perform the duties. The employer organization has to apply on Form 4 (Annex - 4.9). The other agencies have to apply on same Form. In case they are unable to fill the Form due to incomplete particulars than they may made request officially however they have to provide either the WPC number or any other particulars of the person to be traceable from Database and cancel the WPC from the system.



e) Appeal against Refusal and Cancelation of WP The foreign worker or his/her employer would be able to submit appeal against the decision of refusal to issue and cancellation of the WP. The effected person will submit the appeal on the prescribed relevant Form 5 (Annex – 4.10), along with supported documents to revise the decision of Bureau.

4.3.2 Processing of Applications 8

a) Issuance of New, Renewal and Duplicate WPC An application for the issuance of WPC will be received in Bureau at reception and after finding required documents in order for the processing a receipt will be issued indicating the delivery date of WPC.

Application will be sent to the Immigration section for processing. First manually

data entry will be completed and then forward to the IT section for card preparation and further processing.

The IT section will first complete the data entry and then will prepare

computerized card according to the define procedure. The section will ensure that serial number is allotted according to laid down Procedure. The prepared card will be sent to reception for delivery. The WPC will be delivered after taking back original receipt.

b) Cancelation of WPC The employer organization will submit the application for the cancellation of WP at reception, other requests from the other agencies will be address to the Director General (DG), Bureau of Migration. DG will be authorized to issue order for the cancellation of WP and all such application will be forwarded to IT section for further processing on their part. Bureau will notify the list of cancelled WP to all stake holders.

8 The new flowchart of the processing of application is placed at Annex - 4.11



c) Appeal against Refusa l and Cancelation of WP The employer or foreign worker will submit the appeal to Bureau along with the justification or documents in support of his/her claims. The Bureau will examine the case and will prepare a working paper for the consideration of SCFW. The decision of SCFW will be the final.

4.4 General Recommendation a) It is general feeling that many public and private sector’s organization are not

getting registered their foreign workers. Resultantly the country doesn’t have the exact numbers of foreign workers in the country and also not generating the revenue up to the level it should be. This problem may be tackle in two ways; first a survey may be designed to estimate the numbers of foreign workers employing in various public and private organizations and secondly MoLSAMD may start a compgain to motivate the employers to get register their foreign workers within given time frame and thereafter may introduce the fine and other punishments for those who don’t comply in coordination with MoI. The procedure may be amended accordingly to address this issue.

b) Afghanistan needs to properly manage its foreign workers registration system to ensure that it continues to contribute positively to the economy. Foreign workers should also be protected against errant employers who circumvent the work pass system by employing workers illegally, and ignore conditions imposed to safeguard the workers’ well-being. A strong system with effective laws, enforcement and safeguards is therefore needed.

c) MoLSAMD needs amendments in the Statutes on Employment of Foreign Citizens in Afghanistan Organizations. The amendments should define clear the role of MoI and other stakeholders and to introduce the penalties for selected offences.

d) It is also recommended to introduce the post of Employment Inspectors to facilitate enforcement of law.

e) The penalties for the offences like illegal employment by employer (s), providing false information by employer(s) about foreign workers in their establishment(s), on foreigners who are illegally self employed, possession of forged WPC, forgery of WPC and false declaration by employer or foreign workers.



f) MoI should send the weekly list to MoLSAMD and MoFA to whom the clearance certificates are issued.

g) MoLSAMD should also circulate the list of foreign workers to whom the WPC issued to MoI & MoFA.MoFA should also make provision while developing a new computerized system to share the name and other particulars with MoI & MoFA for whom the Fax numbers are being issued.



Annex - A

Organizations Visited

No Name of official Designation Organization

1 Mr. M. Sharif Roshan

Ahmadzai

Vice President,

Administration

Afghanistan Investment

Support Agency (AISA)

2 Eng. Abdul Karim Safi Director, Investment

Support



3 Mr. Abdul Salam Zahed Inter Ministerial Advisor on

Investment



4 Mr. David Watt Senior Revenue

Administrator Human

Resource

Ministry of Finance

5 Dr. Ahmad Shah Zamanzai Director General Revenue

Department

Ministry of Finance

6 Mr. Said Lutfullah SADAT Chief of Consulate

Department

Ministry of Foreign Affairs

7 Mr. Abdul Gheias Deputy Director Interpol

8 Mr. M. Ayub Director General Directorate of Passport

9 Mr. Aqa M. Khan Manager Visa Section

10 Mr. Herve Berger Senior Coordination /

Representative

International Labor

Organization (ILO)

11 Dr. Anahita Amin Program officer International Labor

Organization (ILO)

12 Eng. M. Aziz Director Ministry of Mine

13 Mr. Feridon Manager Da Afghanistan Bank branch

# (1)

14 Mst. Negina Program Manager International Organization

of Migration



Annex - 2.1

Documents Required for Employment Pass in Singapore

The following documents are required for submission of Employment Pass visa application in Singapore:

• EP Application Form 8. The application form must be endorsed by the Singapore employing company;

• A copy of resume detailing the applicant’s work experience;

• Copies of educational certificates and past employment testimonials;

• A passport-size photograph taken within the past three months;

• A copy of the personal particulars page of the applicant’s passport;

• Copy of business profile for the Singapore company; • Detailed description of the duties to be performed by

the applicant; • Detailed description of activities and/or products of

the company; and • Tenancy agreement of the place of business

operations in Singapore

Any documents that are not in English must be offic ially translated into English.



Annex – 2.2

Sectors with Source Countries in Malaysia

Sectors Source Countries

All sectors

Manufacturing

Plantation

Agriculture

Construction

Services sector

Indonesia

Cambodia

Nepal

Myanmar

Laos

Vietnam

Philippines (male only)

Pakistan

Sri Lanka

Thailand

Turkmenistan

Uzbekistan

Kazakhstan

Services (cooks, wholesale/retail, barber, metal/scraps/ recycle, textile)

Construction (fixing of high voltage cable only)

Agriculture

Plantation

India



Annex - 2.3



Annex - 2.4

Processing Flow in 1 st Phase

Processing Flow of 2 nd Phase



Annex - 3.1

Statutes on the Employment of Foreign Citizens In Afghanistan Organizations

Chapter One General Provisions

Purpose Article 1: These Statutes are enacted according to Article (4) of Labor Law for the purpose of regulating the criteria for the employment of Foreign Citizens employed on the contract basis in Afghanistan organizations. Terms Article 2: The following terms used throughout these Statutes shall have the following meanings:

1) “Organizations” are all of governmental, joint ventures, private and Non-Governmental Organizations stationed in Afghanistan.

2) A “Foreign Citizen” is a person who does not have the Afghan citizenship. 3) An “Agreement” is a document relevant to employment, signed between

governmental, joint ventures, private, and Non-Governmental Organizations stationed in Afghanistan on one hand and foreign countries and International Organizations on the other hand.

4) “Foreign and Domestic Non-Governmental Organizations” are organizations registered with the government and work in economical and social sectors according to the law.

5) A “Work Permit” is a printed endorsed document, issued by the Ministry of Labor and Social Affairs to the qualified foreign citizens according to the provisions of these Statutes.

6) A “Work Contract” is a written document signed by a foreign citizen and the organization, containing work conditions, obligations of the two parties, terms of validity, norms and criteria for payment of salaries ad other benefits. Employment Article 3: Foreign citizens may be employed in the organizations on the basis of bilateral and multilateral agreements according to the provisions of these Statutes. Observance of Laws and the enforced Statutes Article 4: Foreign citizens employed in organizations are obliged to observe the provisions of the enforced laws and these Statutes and respect the beliefs and traditions of the people of Afghanistan.

(Contd...)



Criteria for Employment Article 5:

1) Foreign citizens who have completed 18 years of age, have not reached the final age

for retirement, which is enacted in Labor Law, holds the health certificate from the country of citizenship and the Ministry of Public Health of Afghanistan, may be employed in the following forms in the organizations in Afghanistan.

A) On the basis of agreement based on the request of governmental organizations and the countries and processed through the ministries of Foreign Affairs and Social Affairs.

B) On the basis of individual request of the foreign citizens who have obtained the stay permit (visa) in Afghanistan and the organizations need them.

2) Employment of foreign citizens outside their field of specializations is not allowed. 3) The employing organization shall supervise the activities of the employee from time to

time. Restrictions on the Employment Article 6: If both domestic and foreign workers are available, priority is given to domestic workers. Issuance of Work Permit Article 7:

(1) The Ministry of Labor and Social Affairs issues the Work Permit against a fixed cost. (2) The cost of the permit mentioned under item (1) of this article considering criteria fro

time limit shall be fixed by the ministries of Labor and Social Affairs and Finance. (3) Identification of employee such as location of work, work specification, date of

beginning of duty and time validity, shall be specified in the Work Permit. Validity of Work Permit is one year. If the Work Permit is extended, it may be for another term. Specimen of Work Contract Article 8: Work Contract for foreign staff employed in the organizations shall be designed and fixed by the Ministry of Labor and Social Affairs. Information about Changes Article 9: Organizations are obliged to inform the Ministries of Foreign Affairs and Labor and Social Affairs of the changes occur in foreign staff and expatriates’ work and its specifications during the term of work.

(Contd...)



Tax Payment Article 10:

(1) Tax is collected from the monthly income of foreign citizens employed in the organizations according to the Income Tax Law.

(2) The employing organization is obliged to with hold tax from the monthly salary/wages of foreign staff on the basis of Article 5 and item (1) of this Article, according to the Income Tax Law and norms and transfer it to the incoming account of the government.

(3) I f the employing organization does not with hold the percentage of tax from foreign staff’s salary and does not transfer it to the incoming account of the government and the term of contract is terminated and the employee leaves Afghanistan, the relevant organization shall pay his/her taxes. The Right to Rest and to Take Leaves Article 11:

(1) Foreign Citizens employed according to the provisions of these Statutes, have the right to take paid leave on the basis of relevant legal work documents.

(2) The Weekend for Foreign Staff is Friday like domestic staff in the governmental organizations.

Chapter Two Final Provisions

Recruitment of Foreign Expatriates In Joint Ventures and Private Sector Article 12:

(1) Joint Ventures and Private Sector, in which foreign entrepreneurs or International Organizations invest, may employ the concerned foreign staff and expatriates according to the provision of these Statutes in line with the Afghanistan Private Domestic and Foreign Investment Law.

(2) Foreign Citizens employed in the organizations, whenever needed shall issue their educational documents to the Ministry of Labor and Social Affairs. The Position of Already Employed Staff Article 13: With the enforcement of these Statutes, Staff and expatriates employed by the organizations prior to the enforcement of these Statutes, shall observe the provisions of these Statutes. Procedure for Employment Article 14: Procedures for the employment of Foreign Citizens in the organizations shall be designed, prepared and approved by the Ministries of Foreign Affairs and Labor and Social Affairs. Article 15: Foreign Citizens, Who Travel for work to Afghanistan, shall obtain work visa against costs. Enforcement Article 16:These Statutes shall be enforced after published in the official Gazette.



Annex – 3.2 Islamic Republic of Afghanistan

Ministry of Labor, social Affairs, Martyrs & Disabled

Directorate of Work Permit

Foreigner contract

A:

Identification of employer organization

Name of the organization

Legal identity

Address

Type of Services

Employer Name

Tell phone #

Cell phone #

Email

Identification of employee

Name and sure name

Age (according to the passport)

Source country

City/district

Residence

Passport #

Type of visa and date of entrance

Educational level

Residence in Afghanistan

Identification of employment

As per previous contract

Without previous contract

Occupation

B:

Employer/ Employee’s responsibilities against the Government

1. Monthly payment AFs( ) equivalent to USD ( )

2. Monthly income tax should be deducted from employee’s salary and should be deposited to Government account

3. Employers must conduct all their affairs according to Afghanistan Islamic Republic Labor Law and Foreign Employment

Regulations.

4. In task or occupation which we hire/ going to hire foreigner will be replaced by an Afghan in one year.

5. We are not hiring any foreigners in government or nongovernmental organizations without issuing them work permit

according the Foreign Employment Regulations.

6. In work affairs, I promise I will train Afghan employee and will enable him/her to work independently in my absence.

This contract is confirmed by both employer and employee and will affect for one year, it can be renewed by either party’s

agreement.

Annex – 3.3

Name, Sur name,

Signature, Thumb

Impression

Name, Sur name,

Signature, Stamp of

Employer

Date: 2010/ /

( )

( )

( )

( )

( )

( )

( ) ( )



Annex – 3.3

Organizational Chart (Changed after administration reforms)

Duties and Responsibilities of Tariff and documentation Unit

1. Action plan in order to match the general plan related to achieve organizational common goals and objectives

2. Training the newly hired staff and developing their skills in concerned fields as per ToR

3. Checking the applicant’s documents in context of rules and regulations for accuracy

4. Making sure that work permit blanks (fields) are filled accurately and accordingly

5. Making sure that all financial matters such as bank tariff are issued accurately and being paid by the applicant.

6. Reporting the revenue generated out of work permits to concerned departments so to maintain a transparent work process

7. Making sure the accuracy of transactions, and transferring the revenue generated from the work permits to the governmental income account

8. Sending the list of work permit holders to any other concerned offices or stake holders

9. Maintaining an effective filing system (hard and soft copy) for the security and future use of the documents

10. Fulfilling any other tasks assigned by the management

Duties and Responsibilities of Registration Unit

1. Action Plan in order to match the General Plan related to achieve management objectives fixed.

2. Training the newly hired staff and developing

their skills as per ToR 3. Analysis and Evaluation of the needs to foreign

professionals and skilled entities in governmental and international Administrations and organizations

4. Document Analysis and Evaluation of the

foreign professionals and skilled entities according to needs and demands of the governmental agencies and foreign institutions for further processes

5. Introduction of the qualified human resource to

national and international Administrations or Organizations for recruitment

6. Inspections of the overall work permit process

and registration of the foreign employees according rules and regulations fixed.

7. Maintenance and monitoring of the work permit

database in accordance to the nature and number of work permits registered to the foreign professionals and skilled entities

8. Fulfilling any other duties assigned by the management.

Responsibilities of the Mobile Inspection Unit

1. Preparing Action Plan in order to match the General Plan related to achieve management goals set by

2. Leading new employees and transferring experience to them as per Tor.

3. Inspection work permits of foreign nationals working in the vicinity of government offices and private sector domestic and international to prevent the illegal foreign workers

4. Instructing of foreigner whose work permits are expired for renewal

5. Reporting concerned offices about foreigners who have no work permits for law enforcements

6. Information, the exact number of foreigners employed in the separation of public and private institutions and professional expertise to the concerned authorities to carry out the next steps

7. Establishing contact with relevant authorities in relation to the prevention of foreigners working illegally in the country

8. Fulfilling any other duties assigned by the management in accordance to law and administrative goals

Work Permit

Unit



Annex – 4.1

Organizational Chart of BOM

(Option I)

Organizational Chart of BOM

(Option II)



Annex - 4.2

Zebra P640i Card Printer

Overview: Zebra P640i PVC Card printer is a dual sided best selling PVC card printing product in the market today having the capability of printing 2 cards per minute, and as we know that the Directorate of Work Permit registers almost 30 international skilled, semiskilled and other professionals per day, which means this printer can print all the 30 cards in just 15 minutes after the data is updated in the database, in addition this printer is ideal for the following purposes and we may need this card printer to do more for us instead just printing ordinary cards.

Ideal for • Access Control • Driver Licensing • National Identification • Secure Identification

Many “Best In Class” Features

• Lowest consumables cost per card in the industry • Highest production output speed with continuous card loading feature • Superior print quality for optimal color fidelity and precision details

(Contd...)

Sale Price: $7,830.70



Multiple Security Features • Security features for all components required to create highly secure and durable

ID card from the card, print ribbons, laminates, printer, and software printer driver. Ease of Use with Reliability Built In

• Simplicity in design was the focus of the engineers efforts when designing this printer. It is designed for reliability and for a very complex printing system it is very easy to use and does not require fine tuning like most other printing and laminating printers. General Specifications

• Dual-sided printing and one-pass waste-free lamination • 120 cards/hour dual-sided printing and laminating (YMCK ribbon & 1.0 mil

laminate both sides) • Micro-positioning card transport system for enhanced color photos • Complete system security features & options for printer, ribbons, laminate, cards,

and card issuance process • Covert printing capability – text approx 17 mil high • Automated card cleaning before printing • Windows® drivers for 2000, XP, Server 2003, Vista • Advanced security features (ID/Log & password protection) • One year printer warranty • One year (unlimited passes) print head warranty

Color Printing

• Color dye sublimation and resin K • 30 seconds per card (YMCK & dual sided lamination) • 300 dpi (11.8 dots/mm) print resolution

Bar Codes

• Bar code and other symbologies available via Windows driver. Fonts

• True Type or other type fonts via Windows driver. Card Specifications

• Types: PVC Composite • Card width/length: ISO CR-80 – ISO 7810, 2.12” (54mm) x 3.38” (86mm) • HiCo Magnetic Stripe – ISO 7811 • Contact Smart Card – ISO 7816 Compliant • Contactless Smart Card – 13.56 MHz (Contd...)



• Card thickness: 27 mil – 33 mil • Card input hopper capacity: 150 cards

Ribbon Specifications

• YMCK: 600 cards/roll • YMCKK: 500 cards/roll • YMCUvK: 500 cards/roll • Cleaning cartridge: cleans 3,000+ cards

Laminate Specifications

• Liner less & waste free 1.0 mil laminate, 600 cards/roll • 2 Laminate cassettes (upper & lower) • Laminates available • Clear full size, clear for magnetic stripe cards and clear for smart cards • Custom laminates available upon request: Holographic images, Special OVD

images, UV images Communications Interface

• USB 1.1 (standard) • Built-In 10/100 Ethernet (factory installed option)

Mechanical

• Width: 27.5” (699mm) not including exit hopper • Depth: 9.7” (246mm) • Height: 11.5” (292mm) • Weight: 35 lbs (15.9kg)

Electrical

• 110 - 240 Volts AC, 50/60 Hz • 8 MB image memory standard • FCC Class A, UL, CUL, & CE approved

Environmental

• Operating temperature: 50°F to 95°F (10°C to 35°C) • Operation humidity: 20% to 80% non-condensing • Storage temperature: -4°F to 158°F (-20°C to 70°C) • Storage humidity: 5% to 90% non-condensing • Ventilation: Free air

(Contd...)



Options • ID/Key security printing feature • Magnetic Encoder • Built-in Ethernet for networking capability

• Smart Card Contact Station • Smart Card Contact encoder/reader

• Warranty programs

Color/Description Quantity Price/500

Total Price

$405.84

White w/ Hi Co Magnetic Strip

3,000 $67.64



Annex – 4.3

Afghanistan Provincial codes

S/No Province Name Code

1 Badakhshan 01

2 Badghis 02

3 Balkh 03

4 Bamyan 04

5 Baghlan 05

6 Dicondi 06

7 Farah 07

8 Faryab 08

9 Ghazni 09

10 Ghor 10

11 Herrat 11

12 Helmand 12

13 Jawozjan 13

14 Kabul 14

15 Kandahar 15

16 Kapisa 16

17 Khost 17

18 Konar 18

19 Kondoz 19

20 Laghman 20

21 Logar 21

22 Nangarhar 22

23 Nimroz 23

24 Noristan 24

25 Orozgan 25

26 Paktia 26

27 Paktika 27

28 Panjshir 28

29 Parwan 29

30 Samangan 30

31 Sar-e-pul 31

32 Takhar 32

33 Wardag 33

34 Zabul 34



Annex 4.4

Industrial Classification

S.No Sector Code

1 Agriculture, Forestry & Fisheries

01

2 Mining & Quarrying 02

3 Manufacturing 03

4 Electricity & Gas 04

5 Construction 05

6 Whole Sale &Retail Trade 06

7 Transport & Communication 07

8 Finance, Banking & Insurance

08

9 Services 09



For office use only

Date application received

Receipt No.

Name of Receiving Officer

Signature of Receiving Officer

Date of issuance

Annex - 4.5 GOVERNMENT OF ISLAMIC REPUBLIC OF AFGHANISTAN

MINISTRY OF LABOR, SOCIAL AFFAIRS, MARTYRS & DISABL ED (BUREAU OF MIGRATION)

WORK PERMIT APPLICATION FORM 1

1. Applicant Details

1.1 First Name: Surname: Given Name:

1.2

Passport No: ……..…….…...

Residential address in Afghanistan: ………………………………………………………………………………………

……………………………………………………………………………………………….

Mobile: ..……………………Home Tel: ….…………Work Tel: ………………......

1.3

Date of Birth

……...../……...……/…...…...

Day/Month/Year

1.4

Place of birth

…………………………….…

(City, State/Province, Country)

1.5

Nationality:

……..…………………...…………..

1.6

Occupation:

1.7

Qualifications:

1.8

Experience in year/s:

1.9 Have you ever worked before in Afghanistan?

Yes

No

Photo



1.9 (a)

If yes, have you issued work permit? Yes

No

1.9 (b)

If yes,

Work Permit #: ( ) Period: From ……..……………

To…………………….

Organization: ……………………… Place of Duty:

2. Work Details

2.1

Name and address of the employer organization:

……………………………………………………

Type of business:

License #:

Issued by:

2.2

Focal Person:

Address:

Tel/mobile

Fax:

E-mail:

2.3

Occupation of Foreign Worker:

2.4

Contract Period:

From ……………………….. To……………………..

2.5

Experience/Skills Required for the Job:

2.6

Work Permit applied for:

Professional/Skilled

Low/ Semi skilled



3. Declaration

I hereby declare that I understand the questions and contents of this form and all the information in this application is true and correct. I also attach the required additional information and prescribed fee.

Signature of the Employer Organization: ------------------------------------------------------------------------------------------

Stamp of the Employer Organization:

4. Documents required to be attached

• Four most recent passport photos • Employment Contract • Bank deposit slip of the Work Permit Fee • Interpol clearance letter • Copy of passport and Visa

Work Permit # (for official use)



Annex – 4.6

ON LETTER HEAD PAD OF THE EMPLOYER ESTABLISHMENT

UNDERTAKING

Ref. No. ………………………

Dated………………………

I, --------------------------------------------------------------S/o---------------------------------------------------------

Proprietor/Manager of------------------------------------------------------------------------------------------------

(Name of Establishment)----------------------------------------------------------------------------------------------

License No. -----------------------------------------Issued by. --------------------------------------------------------

Solemnly affirm/ confirm and stand guarantee that my establishment will fulfill the following

responsibilities under the Foreign Worker’s Employment Policy/Rules:

a. Establishment will conduct all Foreign Worker’s affairs according to the

Afghanistan Islamic Republic Labor Law and Foreign Employment

Regulations.

b. Establishment will train local worker(s) to take over the job of Foreign

Worker(s) after the expiry of Work Permit Period/Contract;

c. Establishment will deposit the Income Tax of foreign worker(s) and all

others due taxes under the rules if any;

d. Establishment will furnish the correct information to Bureau of Migration

and will be held responsible under rules if furnished false/ incorrect

information.

Signature of Administrator of Establishment

( )

Name (in Block Letters)

Office Seal



For office use only

Date application received

Receipt No.

Name of Receiving Officer

Signature of Receiving Officer

Date of issuance

Annex – 4.7

GOVERNMENT OF ISLAMIC REPUBLIC OF AFGHANISTAN MINISTRY OF LABOR, SOCIAL AFFAIRS, MARTYRS & DISABL ED

(BUREAU OF MIGRATION) WORK PERMIT RENEWAL FORM 2

1. Applicant Details:

First Name: Surname: Given Name:

Nationality:

………………………………

Passport #:

………………………………

Date of birth:

/ /

2. Work Permit Card Number:

3. Reason(s) of Renewal: I. According to Contract

II. Local Worker is not trained yet III. Trainee is not capable to take over IV. Any other

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Note: Please attach to this application the following:

• Employment new contract (if applicable) • Bank slip of the Work Permit Fee • Copy of passport (if renewed) • Two most recent passport photos

Name of the forwarding officer Signature

Name of the Employer Organization Stamp

Photo



Annex - 4.8


(BUREAU OF MIGRATION) WORK PERMIT DUPLICATION FORM 3



Nationality:

………………………………

Passport #:

………………………………

Date of birth:

/ /


3. Reason(s) for Duplication:

i. Lost

ii. Damaged

iii. Any other

…………………………………………………………………………………………………………………………………………………………………………………………………………

Name of the Employee/forwarding Officer Signature




Annex – 4.9 GOVERNMENT OF ISLAMIC REPUBLIC OF AFGHANISTAN

MINISTRY OF LABOR, SOCIAL AFFAIRS, MARTYRS & DISABL ED (BUREAU OF MIGRATION)

WORK PERMIT CANCELLATION FORM 4



Nationality:

………………………………

Passport #:

………………………………

Date of birth:

/ /


3. Reason(s) for Cancellation:

i. Contract completed

ii. Resignation of Employee

iii. Employee’s absconding

iv. Employee’s inefficiency

v. Employee’s involvement in illegal activities

vi. Any other

……………………………………………………………………………………………………

……………………………………………………………………………………………………

Name of the forwarding Officer Signature




Annex – 4.10


(BUREAU OF MIGRATION) APPEAL AGAINST REFUSAL TO ISSUE WORK PERMIT

Form 5

1. Employer Details:

a. Name of Employer’s Organization: …………………………...…………………..

b. Type of Business: …………………………………………..………………………..

c. License #: ……………………………………………………………………………..

2. Foreign Worker Details:

d. Name of Foreign Worker: ……………………………………………………………

e. Nationality: ……………………………………………………………………….……

f. Occupation for which applied: ………………………………………………..........

g. Passport #: …………………………………………………………………………….

3. Reason (s) of Refusal: …………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

4. Justification for Appeal: …………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

Name of the Employee/forwarding Officer Signature


Note: i) Supported documents may be attached ii) Additional sheet maybe used (if

required)



Annex – 4.11