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The Labour Institutions (General) Regulations

Legal Notice 63 of 2014

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The Labour Institutions (General) Regulations
Citation
Legal Notice 63 of 2014
Primary work
Labour Institutions Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

LABOUR INSTITUTIONS ACT

THE LABOUR INSTITUTIONS (GENERAL) REGULATIONS

LEGAL NOTICE 63 OF 2014

  • Published in Kenya Gazette Vol. CXVI—No. 71 on 13 June 2014
  • Commenced on 13 June 2014
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Labour Institutions (General) Regulations.

2. Interpretation

In these Regulations unless the context otherwise requires—“accreditation” means the grant of authority, in writing, to a private employment agent to recruit Kenyans to work locally or abroad;“employment office” means an employment office, established under the Ministry for the time being responsible for matters relating to employment;“principal” means a foreign person, partnership, or corporation hiring Kenyan workers through a licensed agency;“foreign employment” means employment of Kenyan workers outside Kenya under a valid contract of employment.

3. Eligibility for accreditation

A person may be accredited as an employment agent by the Director of Employment if the person—
(a)is a Kenyan citizen and in the case of a non-citizen be in possession of the relevant permits;
(b)has attained at least O-Level Education and is in possession of a relevant certificate or its equivalent;
(c)is duly registered as a business, partnership or corporation by the Registrar of Companies;
(d)is licensed to carry out business within the county of intended operation;
(e)has a registered office and address;
(f)has a tax compliance certificate from the Kenya Revenue Authority;
(g)has executed a guarantee of Kenya Shillings one million from a reputable bank or insurance agency in Kenya;
(h)has and in the case of a company all the Directors have a Certificate of Good Conduct from the Criminal Investigations Department which must be renewed after every six months from the date of issuance.

4. Procedure for application for accreditation

An applicant who requires accreditation to operate a private employment agency shall submit an application in the prescribed form to the Director of Employment together with—
(a)a certified copy of a certificate of incorporation or registration certificate in the case of a business name;
(b)a copy of operating license from the county authority;
(c)a duly signed valid lease or tenancy agreement;
(d)a copy of an identity card or of passport of the applicant or all directors in the case of a company;
(e)two passport size photos of the applicant or of all the directors in the case of a company;
(f)valid Certificate of Good Conduct from the Criminal Investigations Department, of the applicant or all directors in the case of a company;
(g)a valid Entry Permit of the applicant or in the case of a company of any Foreign Director;
(h)a duly completed application form.

5. Accreditation certificate

(1)If the Director of employment is satisfied that an applicant qualifies to be accredited, the Director of Employment shall issue the certificate upon the payment of the fee specified in the Schedule.
(2)An accreditation certificate issued under these Regulations shall be valid for a period of one year.
(3)Notwithstanding paragraph (2), a certificate of accreditation shall expire on the last day of the calendar year in which it was issued.

6. Renewal of certificate

(1)An application for the renewal of a certificate of accreditation shall be submitted at least one month before its expiry to the Director of Employment and the application shall be accompanied by—
(a)proof that the agency has been submitting statistical returns to the Director of Employment, in the prescribed form;
(b)particulars of the employer and principal who was involved during the preceding year; and
(c)copy of a valid lease agreement in case of change of office location.
(2)If the Director is satisfied that the applicant qualifies for renewal of the Accreditation Certificate, the Director shall issue the renewal certificate upon payment of the prescribed fee.

7. Fees and commissions

Agencies shall charge from their principals a service fee to cover services rendered in the recruitment, documentation and placement of workers.

8. Cost to be met by agents or employer

Unless otherwise provided, an employer or agent shall in the case of foreign employment be responsible to the job seeker for the payment of the—
(a)visa fee;
(b)airfare; and
(c)surety bond:
Provided that reasonable administrative costs may be charged by the agent in respect of trade test, occupational test or medical examination fees and the administrative fees shall not exceed one quarter of the job seeker’s proposed one month’s salary.

9. Advertisement for jobs

(1)Accredited agencies shall advertise job vacancies either within their premises, public offices or through the media and the advertisements.
(2)An advertisement made under paragraph (1) shall specify—
(a)the name and address of the agency including physical address;
(b)the place where vacancy is available;
(c)the terms and conditions of employment;
(d)the job specification and description;
(e)the number of available positions; and
(f)the reference number of their Accreditation letter from the Ministry, Registration from the Attorney General’s office and local Authority Trading License.

SCHEDULE [r. 5(1)]

FEES

Application for Registration20,000
Annual Renewal of Registration10,000
A copy of Registration Certificate500
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History of this document

31 December 2022 this version
13 June 2014
Commenced
Read this version