Overseas Employment Affidavit (Pakistan)

An Overseas Employment Affidavit in Pakistan defines the working relationship between employer and employee, including remuneration, place of work, probation and notice periods.

The Emigration Ordinance 1979 is the primary federal statute governing the emigration of Pakistani workers for overseas employment. The Ordinance establishes the Bureau of Emigration and Overseas Employment (BEOE) under the Ministry of Overseas Pakistanis and Human Resource Development, which administers emigration clearances, overseas employment promoters (OEPs), and the welfare fund for overseas workers. Section 12 of the Emigration Ordinance 1979 requires that a Pakistani national wishing to proceed abroad for employment must obtain an emigration clearance (EC) stamp in their passport from the BEOE. The Overseas Employment Affidavit supports this emigration clearance process by confirming the worker's informed voluntary consent.

The Overseas Employment Corporation (OEC), a public sector enterprise under the Ministry of Overseas Pakistanis, supports government-to-government bilateral labour arrangements with Gulf Cooperation Council (GCC) countries — Saudi Arabia, United Arab Emirates, Kuwait, Qatar, Bahrain, and Oman — and with Malaysia, South Korea (under the Employment Permit System), and other destination countries. Workers proceeding through OEC channels must also execute the Overseas Employment Affidavit as part of their documentation package.

The National Commission for Human Development (NCHD) and the Overseas Pakistanis Foundation (OPF) have highlighted the importance of pre-departure briefings for overseas workers. Under BEOE requirements, workers must attend a pre-departure orientation session covering destination country laws, worker rights, emergency contacts at Pakistani diplomatic missions, and procedures for reporting exploitation or abuse. The Overseas Employment Affidavit may include a declaration that the worker has attended such an orientation session.

The Protection Against Harassment of Women at the Workplace Act 2010 and the Prevention of Trafficking in Persons Act 2018 create additional legal context for the Overseas Employment Affidavit. The Prevention of Trafficking in Persons Act 2018 criminalises recruitment of persons for labour exploitation abroad under false pretences, imposing penalties of up to seven years' imprisonment. The Overseas Employment Affidavit, by confirming the worker's voluntary and informed consent to the specific overseas job offer, provides documentary evidence that the worker was not trafficked or deceived — protecting both the worker and the overseas employment promoter from trafficking allegations.

The Federal Investigation Agency (FIA) maintains the Human Trafficking and Smuggling Wing, which monitors emigration flows and investigates trafficking and deceptive recruitment. The FIA works with BEOE and the Overseas Employment Promoters (OEPs) licensed under Section 17 of the Emigration Ordinance 1979 to confirm emigration clearances are issued only for genuine employment arrangements with verified foreign employers and valid work permits.

The legal framework governing the Overseas Employment Affidavit (Pakistan) in Pakistan draws on several key statutes and regulatory bodies. Under Pakistani law, the Muslim Family Laws Ordinance 1961 governs Muslim marriage (nikah), divorce (talaq), maintenance, and dower (mehr). The Family Courts Act 1964 establishes Family Courts with jurisdiction over matrimonial disputes. The National Database and Registration Authority (NADRA) issues CNIC, NICOP, and birth/death certificates. The Guardian and Wards Act 1890 governs child custody. The Federal Shariat Court reviews laws for Islamic compliance. Parties executing a Overseas Employment Affidavit (Pakistan) in Pakistan should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Emigration Ordinance 1979 sets the foundational requirements.

An Overseas Employment Affidavit in Pakistan is required whenever a Pakistani worker is seeking emigration clearance for overseas employment through the Bureau of Emigration and Overseas Employment (BEOE), whether independently or through a licensed Overseas Employment Promoter (OEP).

The Pakistan Overseas Employment Affidavit (Pakistan) affidavit is needed when a worker has received a job offer from a foreign employer and is applying for an emigration clearance (EC) stamp under the Emigration Ordinance 1979. The BEOE requires the affidavit as part of the documentation confirming the worker's informed consent and understanding of the employment terms before the EC stamp is placed in the passport.

The affidavit is required when a worker is travelling to GCC countries — Saudi Arabia, UAE, Kuwait, Qatar, Bahrain, or Oman — for domestic work, construction, manufacturing, healthcare, or any other employment category. GCC destination countries have bilateral labour agreements with Pakistan administered by the Ministry of Overseas Pakistanis, and the affidavit supports the bilateral recruitment process.

The Pakistan Overseas Employment Affidavit (Pakistan) declaration is needed when a worker is recruited through an Overseas Employment Promoter (OEP) licensed under Section 17 of the Emigration Ordinance 1979. OEPs are required by BEOE to maintain records of all placements, including the worker's affidavit, as part of their licensing compliance documentation. An OEP that places workers without proper affidavits and emigration clearances risks suspension or cancellation of their licence.

The affidavit is required when a skilled or unskilled worker is applying for employment in South Korea under the Employment Permit System (EPS), which requires Pakistani workers to pass the EPS-TOPIK language test administered by BEOE in conjunction with the Human Resources Development Service of Korea (HRD Korea). The affidavit confirms the worker's consent to the specific posted position and work conditions disclosed in the standard employment contract.

The Pakistan Overseas Employment Affidavit (Pakistan) document is also needed when a domestic worker — including a house maid, driver, or caretaker — is being sent abroad, as domestic workers are a particularly vulnerable category under the Prevention of Trafficking in Persons Act 2018. The affidavit provides a protective record that the domestic worker understood the terms of their engagement, the country of destination, the identity of the employer, and their rights to contact Pakistani consular representatives if they face exploitation or abuse.

A valid Overseas Employment Affidavit in Pakistan under the Emigration Ordinance 1979 and the Oaths Act 1873 must contain the following essential elements to satisfy the Bureau of Emigration and Overseas Employment (BEOE) and to protect the worker's legal rights in the destination country.

Worker Identity: Full legal name of the worker exactly as it appears on their Pakistani passport and NADRA Computerised National Identity Card (CNIC), CNIC number (13-digit format), passport number and expiry date, date of birth, residential address in Pakistan, and contact details. These particulars are cross-referenced by BEOE against the worker's passport and CNIC during emigration clearance processing.

Destination Country and Employer: The name of the destination country, the name and address of the foreign employer, the employer's registration or commercial licence number in the destination country (if known), and the name of the Overseas Employment Promoter (OEP) through whom the placement was made — including the OEP's BEOE licence number. Identifying the OEP and employer creates an auditable record that BEOE and the FIA Human Trafficking Wing can verify.

Job Position and Salary: The specific job title (e.g., electrician, nurse, domestic worker, construction labourer), the gross monthly salary in the currency of the destination country and its PKR equivalent at the current State Bank of Pakistan exchange rate, and any benefits including accommodation, food, medical coverage, and return air ticket entitlement. Under the Emigration Rules 1979, the stated job description and salary must match the attested employment contract submitted to BEOE.

Voluntary Consent Declaration: The worker's sworn declaration that they have voluntarily accepted this overseas employment of their own free will, have not been coerced or deceived by any person including the OEP or their family members, and have not paid any recruitment fee beyond the amounts permitted under BEOE's approved fee schedule. This declaration directly addresses the requirements of the Prevention of Trafficking in Persons Act 2018.

Pre-Departure Briefing Confirmation: A declaration that the worker has received pre-departure orientation from the BEOE or the OEP covering the destination country's laws, the contact details of the Pakistani Embassy or Consulate in the destination country, the Overseas Pakistanis Foundation (OPF) helpline number, and the procedure for reporting workplace abuse or contract violation.

Stamp Paper and Oath Commissioner Attestation: The affidavit must be executed on non-judicial stamp paper of the appropriate denomination under the Stamp Act 1899, and must be attested by an Oath Commissioner appointed by the High Court, a First Class Judicial Magistrate, or a Notary Public under the Notaries Ordinance 1961. Attestation by an unqualified person renders the affidavit invalid for BEOE purposes.

Forms-legal.com provides this Overseas Employment Affidavit (Pakistan) template to assist workers and their families in preparing the required documentation for emigration clearance. Workers should verify the current BEOE documentation requirements and fee schedules before their BEOE appointment, retain copies of all emigration documents including this affidavit, and save the Pakistani Embassy or Consulate contact details for the destination country in their phone before departure.

Additional compliance elements for a Overseas Employment Affidavit (Pakistan) used in Pakistan include: Under Pakistani law, the Muslim Family Laws Ordinance 1961 governs Muslim marriage (nikah), divorce (talaq), maintenance, and dower (mehr). The Family Courts Act 1964 establishes Family Courts with jurisdiction over matrimonial disputes. The National Database and Registration Authority (NADRA) issues CNIC, NICOP, and birth/death certificates. The Guardian and Wards Act 1890 governs child custody. The Federal Shariat Court reviews laws for Islamic compliance. Forms-legal.com provides this template as a starting point for Pakistan-compliant documentation.