No employer shall bring workers from abroad otherwise than through the agency of a person duly licensed to do so.
By way of exception from the provision laid down in the second paragraph of this section, however, an employer may, either directly or through an authorized representative appointed from among his employees, bring workers from abroad for his own account subject to prior clearance by the Ministry of Labor, Social Affairs and Housing.
In applying the provisions of this Act, the term employer shall be understood to include the category of "heads of private households", although this category shall be exempt from applying for clearance by the Ministry of Labor, Social Affairs and Housing as required under the third paragraph of this section.
Section 2. Applicants for a license to obtain foreign workers for employment by third parties shall fulfil the following conditions:
Section 3. Applications for a license shall be submitted to the Labor Administration Department of the Ministry of Labor, Social Affairs and Housing on the form prepared for this purpose, together with the accompanying documents in accordance with the provisions of this Act and the stipulations laid down in applicable ministerial regulations.
The Labour Administration Department shall, after verifying fulfilment of all the conditions of eligibility for a license, refer the application to the Ministry of Internal Affairs for its advice on the granting of a license, in accordance with applicable statutory procedures.
Section 4. A license shall be granted by order of the Minister of Labor, Social Affairs and Housing on submission of evidence that the applicant has obtained a business license in accordance with the provisions of Act No. 11 of 1962.
A license to operate a foreign worker employment agency shall be valid for a renewable period of two years.
An order of the Minister rejecting an application shall be accompanied by a statement of the grounds for rejection and notified to the applicant by registered letter with an acknowledgement of receipt. The applicant concerned may appeal to the Minister against such rejection within 30 days of receiving notification thereof. The ruling of the Minister on an appeal shall be final and shall not be subject to further appeal.
Section 5. The fees payable for the issuing and renewal of a license and for the replacement of a lost or damaged license shall be as follows:
The above licensing fees may be increased or reduced by order of the Council of Ministers pursuant to a proposal of the Minister of Labor, Social Affairs and Housing.
Payment of the said fees shall be effected by means of fiscal stamps to be affixed to the license and stamped with the seal of the issuing authority.
Section 6: A licensee shall be prohibited from charging workers brought from abroad any amount by way of commission, travel expenses or any other costs, which shall be borne by the employer.
Without prejudice to any obligations undertaken by the agency under a foreign worker employment contract, the duty of the licensee shall end as soon as the workers arrive and are handed over to their employer.
A licensee shall be prohibited from using his business premises to carry on any activity other than obtaining foreign workers for employment by third parties.
Section 7. The premises of foreign worker employment agencies shall be subject to supervision by the Ministry of Labour, Social Affairs and Housing.
For the purposes of inspection, the owner or manager of an agency shall keep all such records, registers and other documents as may be prescribed by order of the Minister of Labour, Social Affairs and Housing.
Section 8: The above-mentioned bank guarantee shall be used to settle any amount payable under an enforceable judgement issued against the licensee on account of a transaction carried out by him and to pay such fines as he may be sentenced to.
The licensee shall, within 15 days of being notified of the enforcement of any such judgement or sentence, present the Ministry of Labor, Social Affairs and Housing with evidence that the resulting shortfall in the amount of the bank guarantee has been made good. The Minister may otherwise issue an order revoking the license.
Section 9. All foreign worker employment agencies in operation at the time of the promulgation of this Act shall bring their status into conformity with its provisions within six months of the date of its entry into force.
Section 10. Anyone committing a breach of the provisions of this Act or of an order made in application thereof, or anyone obstructing or preventing an official in charge of its enforcement from carrying out his official duties, shall be liable to imprisonment for a term not exceeding one month and to a fine of not less than 1,000 rivals and not more than 6,000 rivals, or to either one of these penalties.
In addition to the penalties prescribed in the preceding paragraph, the court may order the closure of an agency's premises or the suspension of its license for a specified period.
Section 11. Such officials as may be delegated by the Minister of Labour, Social Affairs and Housing shall, within their respective fields of competence, be vested with judicial authority to establish the existence of violations of the provisions of this Act and of orders made in application thereof.
Section 12. The Minister of Labour, Social Affairs and Housing shall issue such orders as may be necessary to give effect to this Act.
Section 13. All the authorities concerned shall apply this Act within their respective fields of competence. This Act shall enter into force 30 days after the date of its publication in the Official Gazette.
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