Recruiting of Workers (CAP. 372 1

CHAPTER 372

T H E RECRUITING O F WORKERS ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Application.
Exemptions.
Persons who recruit to be licensed.
Non-adults not to be recruited.
Examination of workers.
Expenses of workers.
Return of workers to their homes.
Worker-recruiters.
Offences.
Power to make regulations.

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Recruitinf of Workers (CAP. 372 3

RECRUITING OF WORKERS

411941.

1811989.
S.I. 3911989.

1. This Act may be cited as the Recruiting of Workers short title.
Act.

2. (1) In this Act-

"Convention7 ? means the Convention concerning the
regulation of certain special systems of recruiting
workers adopted by the International Labour Con-
ference in June, 1936;

"licensing officer" means the person appointed by the
Governor-General to be licensing officer for the pur-
poses of this Act;

"licensee" means the holder of a licence under this Act;

"worker" means a person who is intended to be
employed in work of any kind, whether manual
or clerical and whether within or without Antigua
and Barbuda;

" worker-recruiter" means a person who, being
employed as a worker, is authorized in writing, by
his employer, to recruit other workers on behalf
of his employer, but who does not receive any
remuneration or other advantage for such
recruiting.

(2) A person recruits within the meaning of this Act
who by himself or through others, procures, engages, hires
or supblies or undertakes or attempts to procure, engage,
hire, or supply workers for the purpose of being employed
by himself or by any other person, so long as such worker
does not spontaneously offer his services at the place of
employment or at a public emigration or employment office

Interpretation.

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4 CAP. 372) Recruiting of Workers

or at an office conducted by an employers' organization and
supervised by the Government.

Application. 3. The provisions of this Act shall not apply to the
recruitment of workers for any foreign country or place
which, before the coming into operation of this Act, has been
declared by the Cabinet under section 3 of the Emigrants

Cap. 150. Protection Act.

Exemptions. 4. The provisions of this Act shall not unless the
recruiting is done by professional recruiting agents, apply
to-

(a) the recruiting of workers by or on behalf of
employers who do not employ more than ten workers; or

(6) the recruiting of workers in Antigua and
Barbuda for employment within Antigua and Barbuda;
or

(c) the recruiting of personal or domestic servants
or non-manual workers.

Persons who
recruit to be

5 . (1) Subject to the provisions of subsection (7), no
licensed. person shall recruit workers unless he is licensed in that behalf

Lnder the provisions of this Act.

(2) Every person desirous of obtaining a licence under
this section shall apply to the licensing officer who may in
his discretion issue a licence-

(a) if he is satisfied that the applicant is a fit and
proper person to be granted a licence;

(b) if the prescribed security has been furnished;
and

(6 ) if he is satisfied that adequate provision has been
made for safeguarding the health and welfare of the
workers to be recruited.

(3) A licence shall be subject to such conditions as shall
be prescribed, and shall not be transferable.

(4) No licence shall be issued for a period exceeding
one year, but it may be renewed if the licensing officer is

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Recruiting of Workers (CAP. 372 5

satisfied that the conditions on which it was granted have
been complied with.

(5) The licensing officer may cancel any licence in any
case where the licensee has been convicted of an offence under
this Act or any regulations made thereunder or has not
complied with the conditions under which it was granted
or is guilty of conduct which, in the opinion of the licensing
officer, renders him no longer a fit and proper person to
hold a licence, and the licensing officer may suspend any
licence pending the decision of the Court or the making of
any enquiry which he shall consider necessary.

(6) Any person aggrieved by any decision of the licen-
sing officer under this section may appeal to the
Governor-General.

(7) The provisions of this section shall not apply to
worker-recruiters.

6. Persons under the age of eighteen years shall not Non-adults not to
be recruited.

be recruited:
Provided that the Minister may by regulation permit

persons under that age, but of or about the age of sixteen
years, to be recruited, with the consent of their parents or
guardians, for employment upon light work subject to such
conditions as he may prescribe.

7. (1) Recruited workers shall-
(a) be medically examined; and

(6 ) be brought before a Magistrate or Justice of
the Peace,

in accordance with regulations made under this Act.

(2) The Magistrate or Justice of the Peace before whom
any recruited worker is brought shall satisfy himself that the
provisions of this Act and any regulations made thereunder
have been observed, and that the worker has not been sub-
jected to pressure or recruited by misrepresentation or
mistake.

Examination of
workers.

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6 CAP: 372) Recruiting of Workers

Expenses of 8. The expenses of the journey of recruited workers
workers.

and their families to the place of employment including all
expenses incurred for their protection during the journey,
shall be borne, and necessaries for the journey shall be pro-
vided, by the recruiter (not being a worker-recruiter) or
employer in accordance with regulations made under this Act.

Return of
workers to their

9. A recruited worker who-
homes. (a) becomes incapacited by sickness or accident

during the journey to his place of employment;

( b ) is found on medical examination to be unfit for
employment;

(c) is not engaged, after being recruited, for a
reason for which he is not responsible; or

(4 is found by a Magistrate or Justice of the Peace
to have been recruited by pressure or by misrepre-
sentation or mistake,

and the family of such recruited worker, and the family of
a recruited worker who dies during the journey to the place
of employment, shall be returned to their homes at the
expense of the recruiter or employer in accordance with
regulations made under this Act.

Worker-
recruiters.

10. The provisions of this Act and any regulations
made thereunder shall, unless otherwise expressly provided,
apply to worker-recruiters as if they were licensees:

Provided that worker-recruiters shall recruit only in such
areas as may be prescribed and shall not make advances of
wages to recruited workers.

Offences. 1 . Any person who acts in contravention of, or fails
to comply with, any of the pi-ovisions of this Act or any
regulations made thereunder, shall be guilty of an offence,
and shall be liable on summary conviction to a fine not
exceeding three thousand dollars or to imprisonment not
exceeding three months or to both such imprisonment and
fine.

Power to make 12. The Cabinet may make regulations not incon-
Regulations. sistent with this Act for the purpose of giving effect thereto,

or to any of the provisions of the Convention, and without

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Recruiting of Workers (CAP. 372 7

prejudice to the generality of the foregoing power they may
by regulation provide for-

(a) the manner and form in which application shall
be made for licences, the particulars to be furnished upon
every such application, the conditions under which any
licence may be issued, the form of licences, the fees
payable therefor, and the particulars to be set forth
therein;

(6) the security to be furnished by applicants for
licences;

(c) the records to be kept by licensees;

(d) the restriction of recruiting to certain areas;
(e) the supervision of worker-recruiters;

(f) the documents to be given to the recruited
worker by the licensee;

@) the provision of transport for recruited workers
and their families from the place of recruitment to the
place of employment;

(h ) the amount of wages which may be paid in
advance to recruited workers, and the conditions under
which advances of wages may be made;

(9 anything which by this Act is to be prescribed,
or as to which regulations are to be made.