Manpower Guidelines
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All documents are required to be submitted in 1 copy. Only Demand Letter, Power of Attorney and Specimen Employment Contract are to be submitted in 3strong> copies. Documents are to be put in the following order:

  1. Letter addressed to Attache (Consular) making a formal request to provide attestation.
  2. Demand Letter – Enclosed Terms & Conditions are to be included in the Demand Letter/Employment Contract.
  3. Power of Attorney - It should have mention of (i) number of manpower for which Recruitment Agency is being authorized to make recruitment; and (b) full details of Recruitment Agency (Name, address, telephone, fax, mobile, email, web portal).
  4. Specimen Employment Contract. which should contain the following clause:

    “In case of death of the worker, the company/employer shall dispatch the mortal remains of the deceased emigrant to his/her native place at its/his own expenses and shall settle all dues of the worker(s), in coordination with the Indian Mission”

  5. Undertaking from Employer as per text attached.
  6. Short self-contained note on Project for which recruitment is to be made, along with Project details
  7. Undertaking from Recruitment Agency as per text attached.
  8. Photocopy of valid License of Recruitment Agency.
  9. Approval for mobilization of manpower issued by Libyan Department of Manpower along with list of names with English translation.

Terms & Conditions

The following Terms & Conditions may also be included:

td>Air tickets (to and from India) shall be provided once every year/or once in two years - as the case may be.
Sl Features Provisions
1 Duration Duration of Contract.
2 Salary Salary shown in US$ or equivalent Libyan Dinar.
3 Taxes All taxes will be payable by employer.
4 Air tickets
5 Working hours 8 hours a day.
6 Weekly holiday At least one day in a week as weekly holiday, will be given.
7 Overtime Overtime for additional hours of work will be @ 150% of the normal working hours and 200% on holidays/Fridays.
8 Probation Duration of probation will be how many months.
9 Accommodation Free furnished accommodation shall be provided by Employer. In case accommodation will not be provided then the House Rent @ _______ will be provided.
10 Local transport Will be provided by employer.
11 Food Free food or Food Allowance in lieu of will be provided by Employer.
12 Termination In case of termination of services by Employer before the expiry of Contract or even in case of self-resignation by Employee due to ill treatment or any other reason, employer will provide air ticket.
13 Medical benefits Free medical treatment and medicines will be provided by Employer.
14 Leave benefits Annual leave will be (XXX) days per year.
15 Renewal of contract Renewal of contract would be automatic or what are the provisions?
16 Return passage At the expiry of Contract all formalities will be completed by Employer for Employee’s return to India and all dues will be cleared before Employee’s departure.
17 Safety provisions All required safety provisions/equipments will be provided by Employer.
18 Health Insurance Health Insurance will be provided by Employer.
19 Injury/accident In case of injury/accident while on duty a suitable compensation will be provided paid by the Employer.
20 Dispute All disputes will be settled amicably with the mediation of Embassy of India, Tripoli.
21 Death case In the event of death of an Employee, Employer shall complete all formalities related to transportation of dead body of deceased as well as his belongings to India and bear all expenditures in this regard.
22 Detention In the event of Employee’s being detained in Libya/Malta for any reason, Employer will arrange all formalities for Employee’s return to India, including arranging exit visa, air ticket and meeting other requirements.
23 Family members In case Employee would be allowed to bring family to Libya, their visa, accommodation, etc. would be arranged by the Employer.
24 Bankruptcy In case employer turns bankrupt or insolvent or due to any financial crisis, in that eventuality, recruitment agency would make arrangements, including exit visa, for repatriation of employee to India.

UNDERTAKING - EMPLOYER

Undertaking

M/s (name of employer) hereby undertakes that:

a) The recruited ___ (number of manpower to be recruited as per Demand Letter) manpower, which would be recruited by M/s XXX (name of Recruitment Agency), will be meant for the use of M/s XXX (name of employer, contact address and phone No. location of work) only and will not be passed on or transferred to other company or agency. It will be ensured that upon completion of term of Contract or of Project the recruited manpower would be repatriated to India.

b) One copy of signed Agreement/Contract of each category of manpower would be provided to the Embassy certifying that all terms and conditions have been complied with as per documents attested by the Embassy and no deviation has been made therefrom.

c) Soon after arrival of recruited manpower in Libya, all employees will be registered with the Embassy of India through on line registration by visiting www.indianembassy.ly

d) The employer will be responsible at all times for safety of their Indian employees in Libya and will undertake their safe return to India in any circumstances, should the Indian employee resigns or be unable to work. The Embassy would also be kept informed of all such cases.

e) In case of (i) employee being detained; (ii) non-payment of dues by M/s XXX (name of employer); (iii) even in case of non-receipt of funds from Client; or (iv) due to any other reason, if Embassy requests for repatriation of Indian manpower to India, this would be arranged by M/s XXX (name of employer). Full dues of recruited manpower would be paid and arranging Exit Visa and air ticket would also be the sole responsibility of M/s XXX (name of employer). The Embassy of India, Tripoli, would also be kept informed of the same.

f) The recruited manpower will not be deployed in the southern region or any disturbance prone area in Libya. There will be no change in Location of work for the employee without informing the Embassy.

g) In case of death of the worker, the company/employer shall dispatch the mortal remains of the deceased emigrant to his/her native place at its/his own expenses and shall settle all dues of the worker(s), in coordination with the Indian Mission.

h) Bank guarantee with minimum worth of Libyan Dinar 1000/- (One thousand per worker) towards the cost of repatriation to India.


Name 
Signature
Seal
Date

UNDERTAKING – RECRUITMENT AGENCY

Undertaking

M/s (name of Recruitment Agency) hereby undertakes that:

a) The manpower will be supplied as per desired standard, trade tested and found fit, and in case of any complaint on this account it will be our responsibility to take corrective measures. In case the manpower supplied by us is found to be unfit on reaching Libya it shall be our responsibility to arrange repatriation of such unfit manpower from Libya to India.

b) Soon after arrival of recruited manpower in Libya, their passport details )including the page with the emigration stamp) along with location of their deployment will be provided to the Embassy. A Certificate would be provided to the Embassy in due course certifying that online registration in respect of each recruited person has been done with the Embassy.

c) The Recruitment Agency will be Solely responsible at all times for safety of the employees recruited through them in Libya and will undertake their safe return to India in any circumstances, should the manpower resign or be unable to work. The Embassy would also be kept informed of all such cases.

d)

a) In case of (i) employee’s being detained; (ii) non-payment of dues by the Employer; (iii) even in case of non-receipt of funds from Client to them; (iv) or for any other reason, whatsoever, including employer’s turning bankrupt, if determined, the Indian manpower, which is recruited by M/s (name of the Recruitment Agency) for employer (name of the employer), M/s (name of the Recruitment Agency) would facilitate arranging return ticket, Exit Visa, etc. of recruited manpower to India. The Embassy of India, Tripoli, would be kept informed of the same.

e) RA will ensure that salary and other benefits as committed by the employer are provided to the employees regularly.

f) The recruited manpower will not be deployed in the southern region or any disturbance prone area in Libya.

g) Insurance Policy for the value of not less than Rupees 20 lacs in respect of each worker/professional recruited, against the designated exigencies. Policy which includes the cost of air ticket also, should be preferable to enable the Mission to settle the unpaid dues of the workers from the bank guarantee submitted by the employer.


Name 
Designation
Seal
Date



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