EMPLOYMENT AGENCIES REGULATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation and application

   3   Designation of Licensing Officer and issue of licences

   4   Licensing of employment agencies

   5   Appointment of Inspectors and powers of entry and inspection

   6   Application for licence

   7   Grant or renewal of licence

   8   Bond required as condition for inclusion of authority to use agencies for employment abroad

   9   Transfer of licence

   10   Payment of fees

   11   Duration of licence

   12   Licensing Officer to inform applicant of grounds for refusal or revocation, and right of appeal

   13   Rules of Court

   14   Licence and regulations to be exhibited on premises

   15   Audit of accounts of employment agency

   16   Regulations

   17   Penalties

 

THE EMPLOYMENT AGENCIES REGULATION ACT

[Date of Commencement: 2nd December, 1957]

Law 43 of 1956.

Acts
48 of 1968,
13 of 1974,
6 of 2007.

1   Short title

   This Act may be cited as the Employment Agencies Regulation Act.

2   Interpretation and application

   (1) In this Act-

   "employment agency" means any agency or registry in the Island carried on or represented as being or intended to be carried on for or in connection with the employment of persons in any capacity;

   "Inspector" means an Inspector of employment agencies appointed under section 5;

   "Licensing Officer" means the officer designated under subsection (1) of section 3;

   "proprietor of an employment agency" means the person by whom or on whose behalf the employment agency is being or is to be operated.

[13/1974 s 2.]

   (2) This Act shall not apply to any employment agency or registry conducted by or under the direction of the Minister or which is not carried on for the purpose of gain or reward.

3   Designation of Licensing Officer and issue of licences

   (1) The Minister may from time to time designate a public officer to be the Licensing Officer for the purposes of this Act.

[13/1974 s 3.]

   (2) Subject to the provisions of this Act, the Licensing Officer shall-

   (a)   where an application for the grant or renewal of a licence relates to the placing of persons in employment in Jamaica only, grant, refuse, renew or revoke that licence in his discretion; and

   (b)   where an application for the grant or renewal of a licence relates to the placing of persons in employment outside Jamaica, grant, refuse, renew or revoke that licence in accordance with any directions given, or subject to any conditions imposed, by the Minister as to the exclusion of any country, or of any category of worker, or otherwise in relation to that licence.

4   Licensing of employment

   (1)   (a)   It shall not be lawful for any person to carry on an employment agency without a licence from the Licensing Officer authorising him to do so.

[13/1974 s 4.]

   (b)   Paragraph (a) of this subsection shall not prejudice the validity of the continuance in operation of any licence which was granted by lawful authority prior to the 1st June, 1974, and in respect of any period after that date any such licence shall be treated and dealt with as if it were issued by the Licensing Officer.

   (2) From and after such day as the Minister may specify in a notice published in the Gazette and in at least one issue of a newspaper printed and circulating in Jamaica, no person who is the proprietor of an employment agency, or who is employed therein or who is otherwise concerned in the operation of such employment agency shall do anything which he knows or ought to know to be designed to facilitate the placing of anyone in employment outside Jamaica unless a valid licence under this Act in respect of such employment agency contains authority for the employment agency to be used for the placing of persons in employment outside Jamaica.

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   (3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

[48/1968 s 20; 6/2007 s 2.]

   (4) Where a company is guilty of a contravention of this section, every director, manager, agent or officer of the company in the Island who is knowingly a party to the contravention shall be liable to the penalties prescribed by subsection (2).

[48/1968 s 2(c).]

5   Appointment of Inspectors and powers of entry and inspection

   (1) The Minister may appoint such persons as he thinks fit to be Inspectors of employment agencies for the purpose of investigating complaints and otherwise securing the proper observance of the provisions of this Act.

   (2) The Minister shall furnish every Inspector with a certificate of appointment.

   (3) An Inspector may at all reasonable times enter and inspect any premises which are used or which he has reasonable cause to believe are used for the purposes of or in connection with an employment agency and may examine the entries required to be made in the records kept in connection therewith and copy any material part of such records.

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