RECRUITING OF WORKERS

THE RECRUITING OF WORKERS ACT

ARRANGEMENT OF SECTIONS

1. Short title.
Application.

2. Interpretation.
3. Exemptions.
4. Persons who recruit to be licensed.
5 . Non-adults not to be recruited.
6. Examination of workers.
7. Expenses of workers.
8. Return of workers to their homes.
9. Worker-recruiters.

10. OfEences.
11. Power to make regulations.

1

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RECRUITING OF WORKERS 3

. . .

. -

THE RECRUITING OF WORKERS ACT

[6th June, I940.1

1.-(1) This Act may be cited as the Recruiting of
Workers Act.

(2) The provisions of this Act shall not apply to the
recruitment of workers for any foreign country or place
which, before the 6th June, 1940, has been proclaimed
under section 3 of the Emigrants Protection Act.

.

2.-(1) In this Act-
“Convention” 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-

“licensee” means the holder of a licence under this Act;
f‘worker” means a person who is intended to be employed

in work of any kind, whether manual or clerical and
whether within or without the Island;

“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 supplies or undertakes or attempts to procure,
engage, hire, or supply workers for the purpose of being

- poses of this Act;

rThe inclusion of this uaee is authorized by L.N. 480/19731

cap. 336.
ACt

42 of 1969
3rd. Sch.

Short title.

Application.

Intemta-
tion.

4 RECRUITING OF WORKERS

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 or at an office conducted by an
employers’ organization and supervised by the Govern-
ment of the Island.

Exemptions. 3. The provisions of this Act shall not apply to-
(a) the recruiting of workers by or on behalf of

employers who do not employ more than ten
workers; or

(b) the recruiting of workers within twenty miles of
the place of employment; or

(c) the recruiting of personal or domestic servants or
nonmanual workers,

or to any workers so recruited, unless such recruiting is
done by professional recruiting agents.

Persons who

licensed.
4.41) Subject to the provisions of subsection (3, no

person shall recruit workers unless he is licensed in that
behalf under 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
(c) if he is satisfied that adequate provision has been

made for safeguarding the health and welfare of
the workers to be recruited.

recruit to be

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

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RECRUITING OF WORKERS 5

(4) No licence shall be issued for a period exceeding
one year, but it may be renewed if the licensing officer is
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 sus-
pend 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
licensing officer under this section may appeal to the
Minister.

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

5. Persons under the age of eighteen shall not be Non-adults
not to be recruited : recruited.

Provided that the Minister may by regulation permit
persons under that age, but of or above the age of sixteen,
to be recruited, with the consent of their parents or
guardians, for employment upon light work subject to such
conditions as he may prescribe.

6.-( 1) Recruited workers sha11-
(a) be brought before a Justice; and
(b) be medically examined,

in accordance with regulations made under this Act.
(2) The Justice before whom any recruited worker

is brought shall satisfy himself that the provisions of this
Act and any regulations made thereunder have been
L

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Examination
of workers.

6 RECRUITING OF WORKERS

observed, and that the worker has not been subjected to
pressure or recruited by misrepresentation or mistake.

Expenses of 7. The expenses of the journey of recruited 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
provided, by the recruiter (not being a worker-recruiter) or
employer in accordance with regulations made under this
Act.

Return of
workers to
their homes.

Worker-
recruiters.

Offences.

8. A recruited worker who-
(a) becomes incapacitated 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 Justice to have been recruited by

pressure or by misrepresentation 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.

9. The provisions of this Act and of 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.

10. Any person who acts in contravention of or fails to
comply with, any of the provisions of this Act or any
regulations made thereunder, shall be guilty of an offence,

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RECRUITING OF WORKERS 7

and shall be liable on summary conviction before a
Resident Magistrate to a fine not exceeding one hundred
dollars or to imprisonment not exceeding three months or
to both such fine and imprisonment.

11.41) The Minister may make regulations not inconsis-
tent with this Act for the purpose of giving effect thereto, regulations.
or to any of the provisions of the Convention, and without 3rd.
prejudice to the generality of the foregoing power he may Sch-
by regulation provide for-

to

421 1969

the manner and form in which application shall
be made for licences, the particulars to be
furnished upon every such application, the condi-
tions under which any licence may be issued, the
form of licences, the fees payable therefor, and
the particulars to be set forth therein,
the security to be furnished by applicants for
licences;
the records to be kept by licensees;
the remuneration to be paid to the agents of
licensees;
the restriction of recruiting to certain areas;
the supervision of worker -recrui t ers;
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;
the amount of wages which may be paid in
advance to recruited workers, and the conditions
under which advances of wages may be made;
anything which by this Act is to be prescribed,
or as to which regulations are to be made:

(2) Regulations made under subsection (1) shall be ,2,,969
subject to affirmative resolution. 3rd

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