[Document] The Private Recruitment Agencies Bill

The main object of this Bill is to repeal the Recruitment of Workers Act and replace it with a new and more appropriate legislative framework. The Recruitment of Workers Act, which was enacted some several years back, has stood the test of time but needs certain changes. Therefore, this new legislation consolidates and strengthens the law with regard to the recruitment of citizens of Mauritius for employment locally and abroad, and for the recruitment of non-citizens for employment in Mauritius.

The Ministry responsible for the subject of employment, being theenforcement agency, will have more powers with regard to regulating theactivities for the recruitment of workers and it will enable the Ministry to keepabreast of new developments and challenges in this area.

This Bill also reflects ethical recruitment standards in line with therecommendations of the International Labour Organisation (ILO) and theInternational Organisation for Migration (IOM).

Accordingly, with the changes being brought, the Bill –
(a)provides that no person who operates in Mauritius shall recruit aworker to work in Mauritius or abroad, unless he is licensed as aprivate recruitment agency;
(b)provides that the recruitment of workers applies to both citizens andnon-citizens;
(c)prohibits a person who holds a foreign licence for the recruitment ofworkers to carry on the business of recruitment of workers inMauritius;
(d)prohibits the recruitment of a non-citizen worker, other than a non-citizen resident worker, who is already in employment in Mauritiusfor employment with another employer in Mauritius or foremployment abroad;
(e)provides that no person shall do any marketing, canvassing,advertising, or do any other activity, with a view to recruiting aworker unless he is licensed as a private recruitment agency;
(f)prohibits deceitful and misleading advertisements and canvassing forwrongful inducement for the recruitment of workers;
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(g)provides that no person shall charge a worker any fee in relation tohis recruitment and all cost for his recruitment, including his travelexpenses, shall be borne by his employer;
(h)gives more powers to the enforcement agency with regard to thevariation, suspension and revocation of a licence for the recruitmentof workers;
(i)makes provisions for matters connected, related and incidentalthereto.

S. S. CALLICHURN