⌚ Quota Law: The Impact Of Immigration On The Domestic Workers
Eight Sri Lankan refugees drown while returning home. With the demise of the quota system, the racial demographics of the immigration stream changed significantly. The act's provisions were revised in the Immigration and Nationality Act of and replaced by the Immigration and Quota Law: The Impact Of Immigration On The Domestic Workers Act of South Quota Law: The Impact Of Immigration On The Domestic Workers. Rousseau social contract theory at these Quota Law: The Impact Of Immigration On The Domestic Workers to learn about your rights Quota Law: The Impact Of Immigration On The Domestic Workers obligations. It is against Financial Planner Case Study law for anyone to treat you differently or take steps against you for being concerned about workplace health and safety. If you do not get prior approval, you could put your employment at risk.
Migrant Domestic Workers: Ensuring Human Rights and Making Decent Work a Reality
More recently, the Indian government has agreed to naturalize many of these Hindu and Sikh Afghans who have lived in India since In addition, UNHCR reports that currently, about 4, asylum seekers, mostly from Afghanistan and Burma, are in the process of refugee certification. Ethnic South Indians Tamils from Sri Lanka began fleeing to India in response to the civil war that broke out in between the government and the Tamil Tigers, who wanted an independent Tamil state on the island. As of late , about 73, Sri Lankan refugees were living in camps across southern India, mainly in Tamil Nadu.
More recently, India has received Iraqi and Palestinian refugees from Baghdad, some of whom have been resettled to third countries. India has not enacted any laws or regulations relating to the status of asylum seekers and refugees. Instead, those persons are governed by the general Foreigners Act of In most cases, recognized refugees do not have the right of free movement in India and are not entitled to work. Indian law requires every person entering the country to have proper documentation denoting permission from Indian authorities.
Without such permission, a person is at risk of deportation as an illegal entrant. This situation is problematic for most refugees who often do not have passports, let alone Indian visas. The South Asia Human Rights Documentation Centre reports that although the Extradition Act of provides some protection to refugees facing extradition, this act does not provide real safeguards for the majority of refugees in India whose removal falls under the category of expulsion rather than extradition. Eminent jurist Rajeev Dhavan reports that on the positive side, the Supreme Court and various High Courts extend constitutional rights to refugees and migrants. However, following the Law Commission's th Report of , the Foreigner Act was made stricter to treat "illegal entrants" harshly, irrespective of the circumstances underlying their migration.
Only specific refugee groups such as the Tibetans and Sri Lankan Tamils are recognized and supported directly by the Indian government. When reform of the Indian Citizenship Act of was discussed in , the Standing Committee on Home Affairs stated the following about refugees:. Employment opportunities are not available due to increase of population manifold. In such a situation, the country is unable to undertake additional burden of refugees from other countries. Keeping in view the economic and population reasons, citizenship cannot be granted to the refugees who have come on or after 25 March The Ministry of Home Affairs states that to prevent new, large waves of Sri Lankan refugees, several measures, including intensified coastal patrolling, collection and collation of advance intelligence, and strengthening of naval detachments in Tamil Nadu, have been undertaken.
For decades, India has received a constant inflow of unauthorized migrants from Bangladesh. According to a survey conducted by the Indian Statistical Institute in , most have economic reasons for migrating, such as poverty and the lack of employment opportunities, in addition to political instability. These migrants generally find work as cheap labor in the informal sector, often as domestic helpers, construction laborers, rickshaw pullers, and rag pickers. The Bangladeshi government does not officially recognize those migrants and thus does not provide help or support.
In , Bangladesh's foreign minister was quoted as saying that not a single unauthorized Bangladeshi resided in India. As with most illegal migration, data on its extent is scarce. The Home Ministry estimated the number of unauthorized Bangladeshis as of December at 12 million, residing in 17 Indian states. However, in February , the Home Ministry withdrew these data as "unreliable" and based on "mere hearsay. Political scientist Kamal Sadiq has estimated the number of illegal migrants from Bangladesh at 15 to 20 million, basing the number partly on documented growth of Muslim communities and partly on unpublished government reports.
Sadiq's research has found that many of these Bangladeshis adopt Hindu names and are able to obtain fraudulent documents that allow them access to government subsidies and even to vote in elections. Indeed, some Indian politicians have benefited from votes cast by illegally resident Bangladeshi migrants. As recently as April , the Indian Supreme Court directed the government to take all possible steps to prevent the "illegal immigration and infiltration" of Bangladeshis into India, while approving of the government's ongoing efforts, such as fencing off the India-Bangladesh border.
The Ministry of Home Affairs reports that 2, kilometers the Indo-Bangladesh border had been fenced by mid The fence is expected to be completed by March , with a total length of 3, kilometers. The movement of Indians across the globe since the British colonial era and the development of those communities will continue to interest policymakers and scholars for decades to come. Ethnic Indian communities, especially those in the United States and the United Kingdom, have become known for their economic success and generally peaceful integration. However, millions of ethnic Indians, including those on temporary contracts in the Middle East, have limited rights and less secure futures. The Indian government has demonstrated its commitment to differing groups abroad.
Investment and return to India have become easier for the more well-off members of the diaspora, and those on temporary contracts have benefitted from more government preparation before they leave and from more efficient remittance systems. Further, as people who differ in skin color from the majority society in most host countries, despite their general acceptance, ethnic Indians remain potential targets of xenophobic tendencies and violence. Such incidents have occurred not only in countries with existing ethnic tensions, like Malaysia, Fiji, and Sri Lanka, but also in the United Kingdom, when white British and persons of South Asian heritage violently clashed during the Oldham race riots of Assaults have also occurred in Germany, when Indian petty-merchants were attacked at a market in ; in Kenya, where riots against Indians and Indian property struck the community in early ; and most recently in Australia with several attacks on Indian students in India arguably has long served as a destination for economic migrants and refugees from neighboring countries.
Yet policymakers and Indian society have yet to address head-on challenges related to illegal immigration from Bangladesh. Even before the terrorist attacks in Mumbai in November , India looked at illegal migration as a threat to internal security. In , the government started a process to provide forgery-proof identity cards to all its nationals. This is one attempt to tackle the problem of future illegal immigration. With regard to refugee-related policies, both UNHCR and India's National Human Rights Commission haves urged the Indian government for decades to ratify the refugee convention and its protocols, as well as to enact special legislation related to refugees and child refugees. Although India is a member of UNHCR's Executive Committee, approving and supervising the agency's assistance programs, India is not willing to sign the refugee convention because — as political analyst Anuj Nair argues — it regards the convention as too Euro-centric.
Also, as Nair points out, the refugee convention does not take into account mass movements of refugees in developing countries. Furthermore, including refugee issues into multilateral relations and international agreements could constrict India's freedom of action in these areas. For all these reasons, it does not seem likely that India's view of the refugee convention will change in the near future. After a nongovernmental commission, chaired by former Chief Justice of India P. Until recently, the government of India was reluctant to adopt a special legal framework because this would limit its powers to deal with refugees on the basis of mere political convenience and because it argues that it treats refugees well regardless of their legal status.
Since , the refugee bill has been under consideration by an interministerial committee, including NHRC. The committee's outcome will decide the legal status of present and future refugees in India. It is expected that India will be the most populous country by , with a largely young and thus mobile population. Given India's expanding middle class and continuing poverty, international labor, highly skilled migration, and illegal migration are likely to grow, as is the scale of internal mobility. Further, it is not clear yet how climate change could affect India's migration scenario. Neighboring Bangladesh regularly suffers from severe flooding, adding to the migration pressure for its nationals to search for opportunities in India.
India will need to revise its existing laws governing foreigners and eventually prepare to see itself as a country people also come to, rather than only a country people leave. Atlas Project. Data on international Student Mobility. Institute of International Education, New York. Available online. Bhat, Chandrashekhar. India and the Indian Diaspora: Inter-linkages and Expectations. In Indian Diaspora: Global Identity , ed.
Ajay Dubey, 11— Chishti, Muzaffar. Washington D. Council of Graduate Schools. Deshingkar, Priya. International Organization for Migration, Dubey, Ajay, ed. Indian Diaspora. Global Identity. High-Level Committee on the Indian Diaspora. Report on the Indian Diaspora. Hill, K. Seltzer, J. Leaning, S. Malik, S. Russell, and C. Hunger, Uwe. Indian IT-Entrepreneurs in the U. Journal of Comparative Policy-Analysis 6 2 : 99— Indian Ministry of Home Affairs.
New Delhi: Government of India. Indian Standing Committee on Home Affairs. New Delhi: Rajya Sabha Secretariat. Institute of International Education. New York. Jain, Prakash C. Anwar Alam, — New Delhi: New Century Publications. Jain, Ravindra K. Indian Communities Abroad: Themes and Literature. Kannan, K. Kerala's Gulf Connection. Emigration, Remittances and their Macroeconomic Impact Working Paper No. Thiruvananthapuram: Centre for Development Studies. Khadria, Binod. International Migration Papers Geneva: International Labour Office. Kuepper, William G. Lackey; E. Nelson Swinerton.
Ugandan Asians in Great Britain. Forced Migration and Social Absorption. London: Croom Helm. Lal citation here. San Diego: University of California. Ninth Malaysia Plan — Markovits, Claude. In Modern Asian Studies , Vol. Masih, Archana. Factsheet August National Association of Software and Services Companies. Naujoks, Daniel. India and its Diaspora. Changing Research and Policy Paradigms. In National Paradigms of Migration Research. PhD diss. Nayyar, Deepak. Migration, remittances and capital flows: The Indian experience. Delhi: Oxford University Press. New Zealand Statistics. Asian People. Sadiq, Kamal. New York: Oxford University Press.
Britain's Immigrants. An economic profile. A report for Class Films and Channel 4. Institute for Public Policy Research. Tinker, Hugh. London: Oxford University Press. Afghan Refugees face Insecure Refuge. Human Rights Feature 10, New Delhi. Time for Change. Human Rights Feature , New Delhi. Bureau of the Census. We the People: Asians in the United States. Census Special Reports, U. Department of Commerce, Washington DC. Department of State.
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It can take time to adjust to living and working in a new country. Good information can help. Home Resources Working in construction. Are you an employer? An employer version of this guide is available on the Immigration New Zealand website: Employer guide. About construction in New Zealand Construction work in New Zealand includes: commercial building vertical infrastructure roads, network services etc horizontal infrastructure residential building house repairs and new builds.
The Ministry of Business, Innovation and Employment MBIE is responsible for: regulating employment relations and standards regulating building and construction. About working in construction in New Zealand. Workers are expected to follow health and safety laws on the worksite. Qualifications and registration Using overseas qualifications in New Zealand If you intend to use your overseas qualification to support you to get a job in construction in New Zealand, check that your qualification is recognised by the sector. Visas If you are submitting an immigration visa application based on an offer of employment in any of the above occupations, you need either full or provisional registration before you can apply for a Work visa, a Work to Residence visa or a Residence visa.
Getting New Zealand training and qualifications for construction work. Discuss training options with your employer Speak to your employer if you think you need more training in any aspect of your work. Working conditions in construction Wages Construction workers in New Zealand are usually paid an hourly wage and not a weekly salary. The careers.
Different hours of employment in New Zealand Full-time Usually between 30 and 40 hours a week with guaranteed hours Part-time Usually between 10 and 15 hours a week, but can be up to 30 hours a week with guaranteed hours Casual Casual workers are employed as and when required and do not have regular or guaranteed hours of work. Available in 14 languages. Information on your minimum employment rights is available in 14 languages.
Fair process You are entitled to seek independent advice before signing your employment agreement. Fair process Employment New Zealand Try Employment New Zealand's learning modules The Employment New Zealand website has a lot of useful information about employee rights, including free employee learning modules. Employment learning modules Employment New Zealand. Right to join a union In New Zealand, all workers have the right to join a union. Employment agreements. Working hours Your hours of work must be agreed to by you and your employer and recorded in your signed employment agreement.
Your employer must pay you at least the minimum wage for all the time that you work. Your employer cannot change your hours, days or times of work without your written agreement unless you are a casual worker. Your employer cannot make you work more hours than you have agreed to in your employment agreement or a variation to it. It is important to read all about your rights regarding hours of work. Workers on temporary visas If you are on a temporary work visa you must be paid for at least 30 hours a week and this must be written into your employment agreement. Flexible work arrangements. You are entitled to ask for flexible work arrangements. If you agree to a trial period: your employer must pay you during the trial period the details must be recorded in your signed employment agreement.
All other minimum employment rights apply while you are on a trial period. Minimum pay and deductions Pay If you are aged 16 years or over, your employer must pay you at least the minimum hourly wage for every hour you work. Your employer must pay you in money, either directly into your bank account or with cash. Minimum wage Employment New Zealand Deductions Your employer must not charge you fees or take out deduct money from your wages, unless they are required by law or you have agreed in writing first. Deductions allowed by law include: pay-as-you-earn PAYE income tax ACC levies student loan repayments agreed KiwiSaver payments child support payments deductions ordered by a court.
Employees Inland Revenue. KiwiSaver KiwiSaver is a voluntary, work-based savings scheme to help New Zealanders save for their retirement. You must be eligible to join KiwiSaver. Workers who join have a percentage of their wages paid into the scheme each pay day. The New Zealand government may also contribute a member tax credit once a year. For example, temporary visa holders are not eligible to join.
If you are eligible to join, you will be automatically enrolled into a KiwiSaver scheme when you start a new job. You can join the same scheme that your employer uses, or choose from a range of other schemes. Working during a scheduled break From time to time, your employer may require you to work during a scheduled break. The following table has some of the rules about public holidays and what you are entitled to. Rules about public holidays and your entitlements If Types of leave. Work with your employer when planning leave It is a good idea to have written confirmation from your employer before you finalise arrangements for leave that are difficult or expensive to change or cancel.
Let your employer know if you plan to be overseas during your annual leave so they can contact you if needed. For example, if you have a family emergency to deal with. If you do not get prior approval, you could put your employment at risk. Talk to your employer if you have questions about sick leave If you need to take sick leave before you have worked 6 months, or you are unsure if you have enough sick leave available, talk to your employer about your options. Bereavement leave entitlements If Talk to your employer if you have questions about bereavement leave When close family or friends die it may be very difficult for you if you are living far away.
Who qualifies for domestic violence leave? Leave summary info You are entitled to: at least 4 weeks' paid holiday each year New Zealand's public statutory holidays at least 5 days' paid sick leave each year bereavement leave parental leave, if you are eligible domestic violence leave, if you are affected. Your employment record and payslips Your employer must keep full and accurate records to show that they have given you all your minimum employment entitlements. These records must include your: hourly pay rate hours worked and what you were paid holiday and leave information including leave taken and leave balance. Payslip Employment New Zealand Keeping accurate records Employment New Zealand Your privacy Your employer can only collect personal information about you for valid work purposes or where directed to by the law.
Ways to get help If you think you are being exploited, support is available. Here are some things you can do if you think your employer is exploiting you Make a note of the incidents that offend you. Talk about it with someone you trust. They may be able to help you or direct you to someone who can. Discuss it with your union delegate. Use the free mediation service offered by MBIE.
A mediator can help you and your employer resolve the problem. EAP is completely confidential You do not need to tell your supervisor or employer if you are receiving this service. The role of employment authorities. New Zealand's employment authorities are here to help you. Your health and safety rights Under New Zealand law, you have the right to: work in a place where risks to health and safety are managed adequate facilities at work, for example toilets, washing facilities and first aid equipment free protective equipment, for example safety glasses, work boots and hearing protection safety training, information and support have your say on health and safety issues and decisions ask for a workplace safety representative or a health and safety group refuse to do work that puts you or others at risk.
You can have your say on health and safety decisions It is against the law for anyone to treat you differently or take steps against you for being concerned about workplace health and safety. Employer and worker health and safety responsibilities Your employer must All workers must What is a 'near miss'? A 'near miss' is an event that could have caused injury but did not. Hazards in the construction workplace Know the dangers There can be lots of hazards in the construction workplace.
Somone should explain site risks and hazards to you. Staying safe at work Sunburn Sunburn can cause skin cancer. Keeping safe in the sun WorkSafe Drugs and alcohol Using drugs or alcohol while at work can put you and others at risk. Examples of personal protective equipment and safety gear used in construction For Equipment eyes Safety glasses, goggles, face shield ears Ear plugs, ear muffs breathing Masks, respirators, cartridge filters head Hard hat body Overalls, safety harness, gloves, wet weather gear, specialists protective equipment feet Steel capped boots or shoes working at height Harness installed anchor or restraining cables , roof edge barriers visibility High visibility vests and jackets. Health and safety support WorkSafe regulates health and safety in New Zealand workplaces and monitors and enforces compliance with health and safety law.
Building and construction WorkSafe To help you stay safe at work, the Accident Compensation Corporation ACC provides information and advice on how to prevent injuries in the workplace and what to do if you are injured. Workplace health and safety ACC Call WorkSafe if you are worried about an unsafe or unhealthy work situation You can contact WorkSafe by phone on 24 hours. Before you take out income replacement insurance Make sure you know what cover ACC can provide before you consider taking out income replacement insurance. Workplace culture In New Zealand construction workplaces, you may work with people from many different cultures.
Management and work style preferences Knowing about the differences between cultures can help make it easier for you to fit into a new workplace. Workplace communication Keeping it clear. Migrant workers need to give and receive clear instructions. Do people have trouble understanding you? Do not be shy to talk to your boss If you are not sure how your boss likes to be spoken to, you could ask them or ask one of your workmates. Try the tool: WorkTalk. How New Zealanders make requests New Zealanders often ask people to do things in an indirect way.
Workplace language Construction jargon Construction workers in New Zealand may use some technical terms jargon or other words that you are not used to. Glossary Building guide Try this quiz to learn some New Zealand construction jargon. Builder, carpenter Show the answers. Timber size inches ; also know as "x50" millimetres Show the answers. Person who puts plaster finish on gib board Planed and gauged? Timber machined to a specific size Show the answers. Timber that is not smooth Show the answers. A health and safety talk held on site Show the answers.
Meeting, conference, gathering Show the answers. I am fine Show the answers. Work Show the answers. Supervisor Show the answers. Song, chant Show the answers. Toilet Show the answers. Treaty of Waitangi. Bring something to eat not an empty plate! Bring your own drink Show the answers. Suspect, unreliable Show the answers. For 4 weeks receive unlimited Premium digital access to the FT's trusted, award-winning business news. Digital Be informed with the essential news and opinion. Read the print edition on any digital device, available to read at any time or download on the go 5 international editions available with translation into over languages FT Magazine, How to Spend It magazine and informative supplements included Access 10 years of previous editions and searchable archives.
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