Labour Regulations, 2007

11. National T1ipartite Committee Employment ofpersons ivitlz disability ' .j,.

12. Establishment ofDisablement Unit for persons with disability ' · 13 . .DuticsofDisablemenl Unit

14. Disablement Unit lo be attached to Public Employment Centres

15. Access lo public scr1-:icG

16. Returns

17. Special Incentives for employing persons with disability !Ica/1/i and E11iployme11t 18'. Occupational safoly and health at work . 19. Medical examinnlion orworkcrs

20. Essential services Restriction 011 recrnitment

21. Restriction on recruitment of chi ldrcn and trafficked person

22. De[mition ofhtm1~m LraITick.ing

23. Consent not a defence .·~1.::·~·· I ; •. · - -... -· ..... ,,.,-1,• ••• • ~.,- .. .t.....:1:.loi:...:..,: .......... , ··• ····•······ ........... , ...... . I ... '\ -----------·. L.1.1833 2 LABOUR REGULATIONS, · 2007 .

24. Prohibition oftrafijcking 25 .. . Giving out or receiving a victim of trafficking prohibited ' 26 .. Re,..engagement or use of services ofa victim of trafficking

27. Foreign employrri'ent · . --;/:_·:\ll\r\\f )< }: ·I ··!j-/i--ll f :,: ,'. ' ·• · .·.'d

28. Conditions for foreign crriployment 29·_ Nai11c ofperson engaged under a foreign contract to be funiished lo Immigration ·· \)::.t\\W}11}t·(_- -. Service _ _i1•f·I r·: ilk 30. Assignmentofcontract I • ·31. Right of worker to be accompanied by family · ·. 32. Summary oflaw to be provided

33. Penalty for fraudulenllyobtainingacontract 34 .. Expenses ofjourney ·;.; . JS .. Tcnnination of contracr JG.·. Rc,:patriation . i L· 3 7. Exemption . . frompayment ~ . .. .. . . . . ofrepatriation expenses ·1·:_•.·; ... : --Miscellaneousprovisions···· -_-- 38: Offence . 39, Revocation and savings ·

40. Transitionalprovision 41 . . Interpretation . SCHEDULE , .. ·-:,.· - - - - - - - - · · · · ·----------- J 3- L.l. 1833 LABOUR REGULATIONS, 2007 IN ex_ercise of the powers conferred on the Minister responsible for Manpower, Youth and Employment by section 174 of the Labour Act, 2003 (Act 651) these regulations arc made this 28th dayofMay2007 Employment 11.ge,icies ·_Employment data· : . :[\ .:_:, 1. An employer shall supply employment data specified in the Schedule and any other infommtion that the Labo qr Dcpa1iment may prescribe. · \ (:' ·· Public employment centre : 2. (l_lj)~M_inistersbi:llLbyExecutive Instrument establish Public Employment ~--.- Centres. . (2) A public employi11ent centre shall give vocational guidance and advice to persons between the ages of fificen and twenty-on~. Private employment agenc·y

3. (1) A private employinent agency 111eru1s a body corporate which acts as an · intennediary for the purpose of procuring employi11ent for a worker or recruiting a. worker for an employer. (2) A person who desires to establish and operate a private employment .agency shall , (a) register the agcncywi th the Registrar-General as a body corporate before applying to the Minister to be granted a licence, (b) pay a licence fee of five million cedis, and (c) pay a se_~....Jl.929.[it ofGH¢25,000 (Twenty-five thousand Ghana Cedis) as security to cover operations in case ofrepatriation ofillegal . or illegitimate worker who may be sent abroad by them or have to be repatriated at a cost to the count1y. (3) A person who desires lo establish a private employinent agency shall .;-----submit-a licence rcgistrati011 form and pay an initial fee of five million cedis for a period ofonc year from the elate oftbe granting oftbe licence by the Minister. (4) An existing licence shall be renewed two months before the expiration of the licence with a renewal fonn and tl1e payi1wnt ofthree million cedis for a period of two years' from the date of the renewal being ,srrantecl. (5) 111c Ministcr,"sball direct the Chief Labour Officer or a Factory Inspector· to inspect the premises, facilities and the staff o [the private employinent agency within one month a fl.er receipt of the application, b.efore a licence is granted to the agency. i_ff t tW" ·• i • '.: . I: :'~ , . .. ; ' LI. 1833 4 J l ! I• LABOUR REGULATIONS, 2007 (6) The Minister shall issue the licence ifsatisfied with the report ofthe Chief '. ·• Labour Officer or Factory Inspector that the premises and facilities meet the (i/[tt r :. '. , :i::;h:::;f~;,:5;;~~~!he!~r ~~:iyab~~:~agrt:~: ,ei; and the Minister shall giv:e reasons-for the refusal or revocation. 1 s~~a~~~:~~~~~~~ . l\(ii{:;' . hllln~8/e,~C:c~!1~:~::::: ~:;:~:;1:f t~~~;::~1all include availabili~ of Conditions. of El'liployment :'· .. a to Right of worker training and confidentiality · I' " I

4. (1) Where the nc_cd arises, the employee shall be trained by the, employer ' having regard to the relevance of the t1:aining on the job and the enterprise. (2) · An employment agencyshalfrespect a worker's rights including the right • to C(?tlfidentiality of data whj.ch shall be limited to the qualifications and professional experience of the worker.. Probation 5.. Where, as a condition for the engagement of an employee, a contract of ., employment requires probation, the contract shall specify the duration of the pro- bation for the employee. Hours of work

6. (1) The.Ministershal1 direct the ChiefLabour Officer or a Labour Officer to dctern1inc-shoiie·rh-ours·onvork for·manual labour and work declared likely to be injurious to the health of the employee with the employer. · · · (2) The working hours shall be included in a Collective Agreement. (3) The employer shall deposit two copies of the CollectivcAgrecmentwith the National Labour Commission and the Chief Labour Officer. Employment of young persons in hazardous work

7. ( 1) An employer shall not engage a young p·erson in 'Nork which involves (a) manual lifting ofloads the weight of which exceeds twenty-five kilograms, (b) work on scaffold ,md other slrnctures at a height exceeding two and a half metres, (c) the use of substances and materials-that emit (i) radiation, or (ii) poisonous gases or fumes, --· .. . ·---·--- ------·· .... I f . 5 LI. 1833 LABOUR REGULATIONS, 2007 ----·--·-··-- --- -·--rJTthe'"iisctoTclaiigcrous chemicals;- --- . . . -- --, .... (e) excessive noise, · (f) · the fcllingoftimber; .. , . . f·' ,·'·. (g) night work exceeding eight continuous hours, or :),:_:::·~--- :_:;\_\:· • __:_ :__!_;1.1·,_;,:_;,'.~---·_i_:_.::_,_._:,:::~.i:_;1_: ,- ,- __ ·:::,;::_,.,l;:'_:,i_,v . (2) ~ e~~~~~~::::::~sn:i:!:: , 1 : i~~~~:~~ourOfficer as harnrdous for the production and screening of pornographic materials, or (a) i/ [~· if~;,:; -'\ · ,11, ... ,-,·•. ,, ' (b) to work at areas in a hotel which are likely" to corrupt . the moral · 'j:)J;..!/ilj,::: :.-_··:;:., •l)J. ·I~.-: , development of that-young person. , , , :fiifi. :f 1,¥,emuneration during intcrdictjon ·)f,!;ijJ::f_):, 8. (1) Where an employer interdicts an employee, the employer sha'.l: _ ... {(; -•· ;. (a) pay not less th<!l1fiilypercentofthe emp-l_oyee's salary for six months, ._ ttf _ · <luting investigations, c!iscip!inary or criminal proceedings for an . :_,:if·. offence for which the employee has been charged, and .:n )[;: :·;•·; i: .· .- (b) pay the c;;py;y~~-th~ sal~~i~s~v-ithh~Jc(duriqg the interdiction if the I :? ':LL>;:· ·empJoyee is exonerated from the offence for which the cmploy·ee . , ·f':' :· has been charged. \( · .· · . (2) Sub-regulation (1) shall not prejudice the tem1s agreed up~n in a ;. collective agreement between the employer and the employee .. f · Victimisation prohibited - I 9. An employer shall not discharge or otherwise discrin;inate against a person · because that person has made a complaint or given evidence or assisted in respect of the initiation or prosecution of a complaint or other proceedings under these Regulations. · Oiganisccl Labour Collective bargaining certificate I 0. (I) Where it comes to the noticp of the Chief Labour Officer that there exists more than one trade union in an undertaking, representing the same class of employee~, the Chic[L1bour Officer shall invite the unions to a meeting to under- take verification to determine which union represents the majority of the 'Norkers td be issued wilha bargaining certi ficatc, except that the-union issued with th~ certificate shall consult or where appropriate invite other unions in the course ofnegotiations . to participate in the negotiation process. · (2) Where two or more persons or employers desire to form a Trade Union or Employers Association they shal l,-rcgistcrwith the ChiefL1.bour Officer and pay a registration fee of three mi Uion cedis for a Registration Cetiificate. L.l. ,1833 6 } l ! LABOUR RF:GULATJONS, 2007 !/- ') i! ~ (3) Where there stilJ remains a dispute, the matter shall be referred to the National L1bour Commission for a binding resolution. i . , j:) : ·· National Tripartite Committee . · .1 · , /1 ,i.,'!i,:'·,[ iU ; .-. 11. _For the purpose of.enhancing the pcrfonnance of the National Tripartite ----·;,-1 •·-:--. · - ._______ Co111nuttcc . L! , t>:-:··. : 1li !:. !·/';;/,~'.• I • · •. - - - - - - - - - - - - - • -·· • - ·-· • ••• • , ---· •• • • \ (a) mcrnbersofthcCon1mittcernayattcndmcetingsoftheCommittee··--·--· .. -- .. T--- ··-------···-- ·.~-~-!.i.·..•.. ·:·: ~~~~;t~~t advisors; each n_1ember shall be entitled to one advisor at a 1· ,. (b) a pcm1anent secretariat shall be established to facilitate activities of ; J.. the Committee by the Ministry. ~ .r r.i Employment ofpersons with disability Establishment of Disablement Unit for persons with disability I I I J2. 111erc is established wider U1csc Regulations a Disab lemcnt Unit in each District. I ! Duties of Disablement Unit i3. (1) Each Disablemerit ,Uriit shall keep a register ofpersons with disability in which shall be recorded the names ofpersons with disability who apply for registration. (2) On receipt of the application, the person in charge of the Unit or any other person authorised by the Disablement Resettlement OfTicer, shall enter the name of the applicant in the appropriate register and issue to the applicant a certifi- cate ofregistralion in the prescribed form. Disablement Unit to be attached to Public Employment Centres

14. A Disablement Unit for the n;:gistration of persons with disability shall _be attached to a public employment centre for the registration of persons with disability, seckii1g employment and securing employment for them . • Access to public service

15. A public or private agency shall put in place the necessary facilities and cguipment that will make the service available and accessible to a person with · disability. · Returns , 1.6. An employer shall forward to the appropriate Disablement Unit, quarterly . returns in the prescribed form giving particulars on (a) the vacancies filled by the employri1ent of persons with disability, (b) the vacancies remaining unfilled and why they are Wlfilled, and (c) any oti1cr matter ~elated to the e1~ployment of a person with disability. Special incentive for employing persons with disability

17. (I) J\ncmploycrwllo ((I) engages up lo rive persons with disability, or· (b} engages more than five persons with disability • . • 11 . ; . • . . . . . . . . . i.J 0 \-· ,-.,.;.••··•·•·'l•,; .. ,;\l,;;.;1,1.,. ... ,,:;::." ..J:.:.' ·tI 7 L.l. 1833 . LABOUR REGULATIONS, 2007 shall be given a tax rcbalc that lhc Minister of Finance on the recommendations of the .tv1inistcr for Labour may dcte11,1inc. (2) A person with disability who engages in an cnleqxise shall be given a , \.' . special incentive thal the Minister m,~y clctcnnine. . 1· .. c::;•·;:\•: . 1:-. , ':i\:_ 1 0 Health and employment }ii\'.:_ ',::{. 0cci~pational safety and hcalfh at \York _:}'i-: ·: ·,,:: .- 18. (1) An employer sh al I take appropriate measures lo safeguard the heal th ·. :f ·: '\,' ·. _and safcl y of c·mpl oyecs. . ·· /;:~:[(\·._ \\\ii _ : . _. (2) An employer ?fbusi_rJc~s prc.mis~s where: ·------~-.~'.·\ , .-:, ___.. •· (a)--.an occupal1onal acqdcnt or cl1seas-e occurs, or , ;: 1/\ · ::\' · (b) an employee dies or is incapacitated from work as a result of an · rr· ''r accident or disease . ·, -~- ::.. · · ~hall rcJJo.rt to the Chief Labour Officer or the Inspector ofFactories ifthe accident :· ) ; ·. or disease occurs drning or in the course oflhe crnploymenl of the employee. :,_.{: L- . .. (3) A11.employer shall ensure that the business envirornnent is not rendered ~ · 'V \:' . . · · unsafe by the business . . opcralions. : -,~ ··. · . Medical examination of workers ·:l ;. ·· 19. ( l) An employer shall not pcm1anently engage an employee in any work '.;j -: · unless a recognized medical practitione·r certifies at a pre-employment examination 1 ;,,}:[:.3/'it. ~:~\~,~11.ployec is in good)1calth and is medically fit for the work assigned to the ,1 . .(2) An employee who works in hazardous situations such as contact with ¥_ . .._ fomcs ,md gaseous substances shall w1dcrgo a periodic medical examination once a t:. ' year. .·f ,',\:,·;-.· · Esscnti_ai'Scniccs . ·. . . · ii t · .20. The following services are considered to be essential services under the .~ Labour Act, 2003 (Acl 651 ): t (ci) Waler; sujJply services, . { (b) Electricity gen_eration, transmission and distribution serviccs,- ·1 =r .. 1'' (c) Health and hospital services, . rI,.;. · (cl) Sanitmyscrviccs, . ·1, ·, · (e)' ,Air traffic control, ---·-;, ... .- m·-·Mcrcorological services, Ii (g) Pirc services, t ,. .(Ii) Air tra11spo1i services, I. .(,) Supply and distriputi_on of fuel, petrol, power and light, ! (i) Telecommunications SC!Yices, · (k) Public transport service~, ,, L.I. 1833 8 LABOUR REGULATIONS., 2007 !, 1' '1· ... j ' .'. (!) Ports and harbours services, and I . :. (m) Bank cifGhana. ' ', · J · ': · · Restriction 011 recruitment f)lt\r . ' ::.,,'.· !(;f i! ·, ii: Rcstric'tion on recruitment of children and trafficked person 21..'(l). An employer shall not employ a person under the ageofeighteenyears J.!i:1,:.1,:_l_l:1,' . '. .,il,e,,i1, TI ~i:~:f!~~~~~rifr~~~~~~~t~~ys~~~'.,~~;~it;u~:ep: ~:'lr~!~~: · (~) An employer shall not employ a trafficked person or a victim of 'bi\,;\:iJ:·;~l-,. ., ~ • t'Jlf1l 1• • trafficking as defined by the I-fJtman Traflicking Act, 2005 (Act 694). !1, ' . •~ .• - • • -- ... -- ;/('.•\r(/\}\,:. \ Defiili1ig_~1Q.fh_inuan-trafficki1~g ; ..- -----·-·- .. ----···--·-.... . ·· · 1f':,*jf.r.:-:--·-z-2. (1) Human trafficking means the recruitment, transportation, transfer, ·( '' ,\\(\(\:.rt'..·'.'...., harb0t~ri11g, ·trading or receipt of persons \.\'.i thin and across n~tional bor~ers by ,:f~]'! 1\l\\/if' · . ·:,.;-;: . . : (aJ. the usc_ofthrcats, force or other forms o_f c~erc1on, abduct1~1:, fraud, !?,'>i;\\~\\1\k.:. .:. deception, the abuse of po·..vcr or explo1tat1on of vulnerabtl1ty, ·~·;/:"\i;?t l\'1 :: ::· 1 (b) givingorreceivingpaymcnts and benefits to achieve consent. ·:,f.:{MY\1~:·~ 1 ; .i, ',\ · (2) Exploitation includes a·t the minimum, induced• prostitution and ·1:1}1~!· 1' • !1,I'',) . :\:-._:L,J)t-,;J(' .o_th~r fom1s of sexual ~xploitation, forced labour or services, slavery or practices />', tii,.. :).\.. ·. ,·,!•ql! 1·1IJ,' . sumlar to slavery, servitude or the removal of organs. · I .. :'-f/Jf (3) Placement oCsalc, bonded p_laccment, temporary placement, place- : · mcnt as scrv·ice where exploitation by someone else is the motivating factor .. constitutes trailicking. Consent not a defence ,,; 23. Where children arc trafficked, the consent of the child, parent or guardian of the child can.not be used as a defence in prosecution under Act 694 regardless of whether or not there is evidence or abuse of power, fraud or deception on the pru1 ofthe !raffickc·r or whether the vulncrabilityofthe child \Vas taken advant'age of. Prohibition o(trafficking /:. 1. 24. ( l) A person shall not traffic another person within the mea11.i.ng of section I •:: •' · ofAct 694 as an intermediary for (he trafTicking ofa perso·n. (2) A ·person who contrnvcncs suh-rcgulatio11 (I) commits an offonce and .. i is liable on su1rn11;1ryconviction lo a term or imprisonment ofnot less ti1ai1 five years .. (J) 'For pu1voscs of thi~ regulation, an intermediary is someone who ---partictp;1Tcs i1i_cfr1sco11c-cr1icd with any aspect o(trafficking under Act 694 who may or may not be known to the family 01the trafficked person. :,,·". ........... --""': • •. I ·, 9 L.I. 1833 LABOUR REGULATIONS, 2007 (4) To be concerned with an aspect oftraflicking means (a) to sei1d t~, take to, consent to the taking too; to receive at anyplace any p'erson for the purposes of trafficking, or . (b) to enter into· ah agreement whether written or otal,.t6 subject any •'\ I i party to the agreement or subject any other person to trafficking . . ' l I Giving out or receiving a victim of trafficking pr_ohibitcd . I -~ l ~ . 25. (1) A person who gives out or receives ·another person for purposes of l ~ l' trafficking commits an offence even where the person is a parent: ' · I : '!. , .· ~-- (2) A person who contravenes sub-regulation (1) c01run~ts an offence and ' 'J.~ is liable on summary conviction to a tenn ofimprisonment of not more than five :,~ ·,1 ·t years. !( ;i Re-engagcmcn tor use of services of a victim of trafficking. ,· _. .., .. ., !! I 26. A person who uses the services of a victim of tni.fficking·coinmits an offence and is liable on summary conviction to a tenn ofimprisonment of not more than :~ .! 1i ,. five years. .._ · · :·;~ · I Foreign employment · .i I 27. Where the period of service to be stipulated in a re-engagement foreign · .f-+contn,19_t, together with the peri.od alr~ady served under the expired contract . -4.- in'ioLV.esJ.he.scp.arntio_n_o[a_w._QrkGr 1ion1 th.e_'!Y9rker~~f~ny_f9.rrn~r~_tl]:~-~tghteen - - - - - -----·-- f months, the worker shall not begin the service stipulated in the re-engagement '~ I . contract until the worker has had the opportunity to return borne at the expense of ] ' . the employer. · . JJ Conditions for foreign employment , . 'J. 28. (1) The ChiefLabourOfficer shall ensure that an employer does not engage '] !· .a worker under a foreign contract without proper documentation.·. ·,. j . (2) The provision of sub-regulation (1) does not apply to a sea-going vessel . i · · _•_1,:,:.i,l_ except for,service in a country specified in a notice under these regulations. . · .{j . (3) The Chief Labour Officer may by notice declare country to be a a i . .,. . . country to which immigratiorl'Of workers is lawful. . ,. · .. ' ~. 1 ,\ ~ (4) A person who, in the opinion ofU1e ChiefLabciur om~:er, or a Labour · _:'.j . · · Officer is under the age of eighteen years shall not enter into a foreign contract for ~.:,~-- ... ___ _ employment as a worker. . . · 'f · .. ...... ..(5) Subject to the provisions of this regu1atio1i.; afordgn\:;ontract.shalLnot ··----_,. - - -.... .___ . __ _ · :i · I · be binding or be valid for n period ofmore than one year fror11 the date ofexecution. ; ':~ (G) Tl1e Ch.icfLabourOfficermay grantpennission in i,vriting· fora foreign ._!, 1 · J;j · contract to be made for a period exceeding one year but not exceeding two years >;:J from the date.of the execution. ':ii]! ''t!. ··1'.! ' . -. .~ :, LI. 1-833 -10 , LA/JOUR REGULATIONS, 2007 ·(7) A copy of each foreign contract shall be forwarded by the Chief Labour Officer to the Ministry of Foreign Affairs, Ministry of the Interior, Ministry of Manpower Youth and Employment of the country\vhere the contract duties are to be discharged. (8) Upon the making of afore·ign contract, the employer shall pay to the Chief Labour Officer or a Labour Officer in respect ofeach worker, a capitation fee. · · (9) A capitation fee shall be dctcrn1incd by the Minister in consultation with the Ch.iefLabour Officer. (10) The ChicfL1bour Officer shall ascertain from the countiy oforigin of ·. · __!,,.,·.·_ \_·-,;,·_.-,___ the cmdplofyher or agentdofl the '1mpl0ycr recrni tiifg thc worke1·,_thbc c~rpor:at~ bac k- groun o t e agent an l 1e genumcncss of the cmp 1oyment.o 01er e1orc s1g111ng t11e .,• 'l · contract. · Name of person engaged under a foreign· contract to be furnished to . Immigration Service ·

29. The Chief Labour Officer or a L1bour Officer \Vho attests to a foreign contract shall fomish the Director oflmmigration or an Immigration Officer al the _ port of en).barkation, or place of_dcparturc with the name o rthc workcr~_(1g~g_Q.9_, ____c...-----~-----~-~ ~~--As~igm~1entofcontract·-·· ;--. · -------····· ------·- ·- · ·· -·····-·----··- . ·: · ,·:;;iJl:!j:', · 30. (1) Ar1 employ_~t.~haUoot ussign aconlract without the consent ofthe worker th r<:-:~i~'---'-f--· ._--ana c(;;d~r;;~:c~~a~r~~:l~l~I~~~r::~~~-l~ ~~:c~~re~t:~:ll:;. ~~~:;·or a Labour. ~ Officer shall ascertain whether the worker has freely consenlcc\ to the assignment and that the consc1it of the \vorkcr has not bcl;n obtained by coercion or unque influence or as a result of misrepresentation or mistake. (3) The Chief Labour Officer or a Labour Officer shall ensure that the requirements have been complied with prior to the endorsement. l (4) A contract assi gncd otherwise than in accordance with the provisions of this regulation is void. · llight of worker to be accomp:rnkd by family .

31. (1) A person engaged under :.1 foreign contract maybe accompanied to the place of employment and attended 10 during the period oflhe employment by the person's family, excc::pt that the rcc:ruit;w:nt 0111 person sh:-i!I not be considered lo include recruitment of another rncmbcr ,,fihc ~;crson '~ family. (2) The persons who may accompany a worker shall not exceed one spouse and the number ofthe worker's cliilcJre:n thal ~ire under the age of sixteeri years. (3) A person shall not . (a/ prevent a worker from being accompanied by a membe~ of the worker's fomilyothcr :han those tbe employer has authorised; . .. ,~ . ' ·' ,,\i;;J;:,.::i\;' ,.;, 11 J,l=;;I·, .· . -,• , .. j·, •.• ~i::,?nrt·· · .. .:f1! 1.i"·' ': /lj\·,:Fl\, ._-,: i • •: /};;,11:r I • ~•• 11 L.I. 1833 ·ilt :-1 i · .;'.p ,Ii,; 8 0 .~:·,:,._:il :;·•.•.:;_:_·'.,j!_.~!;,..•,• l,;,.·i·, 1 .. r 1, :; 1 11 ·i_:,,,:.:_i.:, 1·•· •. :_.:.:·•.• .. - . ..· · ,.· :, . · . -.. .::_ , - - - - (b) attcm ::0 :,~:c~£aG1~:~:::: ,:orkcr 's family from p t~: ... ·--accorY1pI1ityi ng the worker to the place of employment; or· (c) except at the express request oflhe person concerned, separate or cause a member of the worker's family who has accompanied the worker to a place of employment,,to be separated during the pcrio? of the employment. Summary of law to be provided

32. (1) The Chief Labour Of1iceror a Labour Officer may request an employer to print a concise summaiy oflbc law relating lo the co.nlract both in English and in · any locq.l lanh,'llagc for the benefit of the employee. (2) The ChjefLabour OfTiccr or a Labour Officer may request an crnp loyer to post the summary in conspicuous places on the premises of the employer for the benefit oflhc employees. . . ·~ (3) An cmployenvho raiis to comply with a request by the Chief Labour Officerora LabourOfiicer commits an offence. Penalty for fraudulently obtaining a contract

33. (1) A person shal I not by fraud, falsehood, intimidation, coercion or mis- representation induce another person to enter into a foreign contract. (2} A contract made under sub-regulation (1 ), is void. (3) The employer is liable to pay the remuneration due under the contract and to provide for U1c repatriation ofU1e worker and authmised persons accompanying the worker, if the worker was brought to the place of employment by the employer. Expenses of journey

34. (1) The expenses ofthejoumeyofan employee engaged.under a foreign contr:~et and of the members oftl,1,e.employee's family autho1ised to accompany the .____e_n_,1ployec t9..t_he pince of employment, {ncluding expenses incun-ed for protection during the journey, shall be paid by thc·e-ii::i.pfoyer~····--· ---··-· .......... ···'·-------···--· ·--·:·······-·~· ... (2) The expenses of the journey shall include the necessaries for the journey. (3') The employer shall provide transport to the place of employment for the employee and the accompanying members of the employee's family. (4) The provision oftransport shall include transportation forrepatriation. Termination of contracts

35. (1) Whei·e an employer is unable to ful fi II the contract ortf, ov,:i.J.1g to sickness or accidqnt, the worker is unable to fulfill the contract, the contractrnay be tem1i- natcd by either party and the work.er is entitled to remuneration earned, deferred pay and compensation due t9 the worker in respect of sickness or accident as well as repatriation of a member o fthe worker's family who has accompmiied the worker to the place of employment. · · ~ • •• I • I .. ·.- I ... I " ,, L.I. 1833 12 ,. LABOUR REGULATIONS, 2007 ' , (2) A worker is entitled to repatriation expenses unless the agreement for the tcrn1ination ofthc contract otherwise provides. (3) A contracl may be tenninated by agreement between the parties, if approval ofthe agreement to ·tenninate the contract has been endorsed by a Labour 0 fficer who before giving the approval certified that . (a) the worker h'as freely consented to the termination and that the worker's consent has not been obtained by coercion or undue innuence or as the result of misrepr:esentation or mistake, and (b) monetary liabilities between the parties have been satisfie~. (4) Where the Chief Labour Officer-gives prior approval,. a contract may be tem1inated by the worker on the ground of ill-treatment of the worker by the' , employer. , •. ·; · ' ·. !":.·_.::_·.,;i;' .i:'..'r·:·,;,. (5) A contract is terminated by the death ofthe worker before the expiry of 1 1 the tern1 for which the contact is made. : : ~;i~~~;~ ~!;'·, ·i{, . (6) The tennination ofa contract by the death of the worker does not preju- w rights of the worker's heirs or depend ants • :;. 36. (!) Subject to sub-regulation (3) ofregulation 31, an employee engaged ~;'_·---,--_ _ __..,n....,,nrlcr.aforcign..c.ontract.and the member of the.employee's family authorised to . accompany the worker to the place ofemployment shall be repatriated at the expense of the employer in the fo!Jowing circumstances. . (a) on the incapacity of the worker through sickness or accident during the journey to the place of employment, (b) on the worker being found on medical examination to be unfit for employment, ' (c) on the expiration of the period ofemploymcnt, I (d) on the termination of the employment because of the inability of the ! i employer to fulfill the w1dertakings in the contract, .,:• ·, (e) on the t~nnination of the employment because of the inability ofthe worker to fulfill the undertakings of the contract owing to sickness or accident, . · (() on the tennination ofthe employn1ent by mutual agreement between the employer and U1e worker unless the agreenient 0U1erwise provides, (g) on the termination of the employment bytl1e employer or the employee ' ..,. where the Ouef Labour Officer or a Labour Officer directs in writing, or (lz) any other cause occurring in the course ofU1e worke: 's ernp loyment. . . (2) The family member of a worker authorised to accompany the worker, to the.place of employment shall be repatriated at the expense of the employer -·- - - - - - · ... ...,J ------------- ·--------········-·· ' ···• 13 L.I. 1833 LABOUR REGULliT!ONS. 2007 l when the worker dies during thcjou1i1cy to the place ofcmploymenl or during the ·-- ---·---- :1 __ . .:------=-coi.irsc ofthe\vork_c_rYc-11iploymcnt.". --·--·-- ·-··· . -··- . . . -· ........ -·- - .. i :: (3) An employer who contravenes sub-regulations (I) and (2) commits an ofTcncc. Exemption from payment of repatriation expenses 3 7. (1) 'TI1e Chief Labour O fficcr or a Labour O fliccr may exempt an employer from liability for the expenses ofrepatriation ifthe ChicfLabourOlli.ceror a Lab.our Officer is satisfied · · (a) that the worker has clecl,u·cd in ·writing or has signified that the worker docs not wish to exercise the right lo repatriation and that th~ worker has been settled at the worker's mvn request or with the worker's consent at or near the place of employment, (b) that the worker, voluntarily failed to cxc,rcisc the right lo repatriation before the expiry of three months from the elate of expiry or tc1111inatioo of.the employment, or. - .... (c) that the employment has been tenninated by, or with the approval of a Labour Officer, in consequence ofa fault of the worker. (2) An employer is not liable for subsistence expense during the period, between the date of expiry of the period of employment and the da.te of com- mencement ofrcpatriation, if the repatriation is delayed by the choice of the.person '. '. i to be repatriated. .Miscella11eous provisions Offcnc~

38. (I) A person who contravenes any of these rcgu lations commits an offence and is liable on summmyconviction to a fine of twenty-five penalty units. (2) Where a body corporate commits an offGncc under these Regulations (a) every director of the body corporate shall be considered to have committe<l that offence unless tl1e director proves that the offence was committed without the directors consent or conniva.nce or that the director exercised clue diligence t6 prevent the commission of the offence as the director ought to have exercised having regard to the nature of the director's fi.mctions and circun-istanccs, mid .(b) in the case of a partnership or a fim1 cvcrypartnerofthc pminership or fi1111 shall be consiclcrcJ to have conm1ilted that offence. Revocation and savings

39. ( 1) The following Regulations are hereby revoked (a) Labour Health Areas Regulations 1956 (L. N.140), . . ··!. .. •··•-··.' . LI. 1833 14 LABOUR REGULATIONS, 2007 ----------- ---··· ····-----·--- --···•·· ..... (b) Labour Regulations 1969 (L. I. 632), and (c) Non-:disruption of Central Banking Services Instrument, 2004 (LL 1792). .. ~:~~~:ct1lt~~~~~~{i ~;;:~:~p~:s~~~c~~~il~~ 1 .'\ t •\;;\-:i' hl'i . ·.: :/ .i under tl1~;.e~~:iI~;::~:r~~:~~~ . L ·1· : \j•\ i!!! ' 1.,' _________ or tem1inated.__ __ ·· ~ · ·· · ·- -------- ··· - ----· ------ : t;_::i_:~,;i:_J_ _ \__·::·+-:_:_:·,'._';:-·_•·- - (3) These regulations shall not affect a norm, practice, custom, tradition or 1 agreement between an employer and employee which ensures a more favourable I I condition than those provided by the~e Regulations. f: ~:J.':.::il Transitional P~ovision l. 1 · 40. Publi~ Employment Centres i1icxistcnce and operated by U1e Labour Depart- ment in the countiy before tl1e commencement ofthe Rc6:rulations shall continue to· exist and operate as Public Employment Centres. Interpretation

41. In these regulations unless the context othe1wise requires "business" includes occupation, profession or trade; "enterprise" means an industry, project u'ndertaking or business (or - commercial purposes or any part of it; "Minister" means the Minister responsible for Manpower, Youth a'.nd Employment; "necessaries'• includes services and items that are required by a person being engaged in a foreign contract; "private employment agency'' means any bodycoqJotate which acts as an intermediary for the purpose ofprocuring employment for a worker or recrniting a worker for an employer, and includes · (a) services for ri1ntching offers and applications for employment without the private cmploymen~ agency becoming a party lo the employee relationship which may arise from there. (b) services consisting of employing workers with a view to making them avail abler to a third party who maybe a natural or legal pers9-p referred to as a "user enteqJrise" which assigns their tasks and supervises the execution of these tasks, and (c) .other services ~elating to-job-seeking determined by the competent authority after consu !ting the most representative . .employers and workers organizations such as the provision -· "'--'-• :,.. ·ii l : . . . /t:·t ~· I .