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Name: Recruiting of Workers Act (Cap. 336).
Country: Jamaica
Subject(s): Migrant workers; Employment policy, promotion of employment and employment services
Type of legislation: Law, Act
Adopted on: 1940-06-06
Entry into force:
Published on: Laws of Jamaica, Vol. XV
ISN: JAM-1940-L-37112
Bibliography: Laws of Jamaica, Vol. XV
Laws of Jamaica Laws of Jamaica Ministry of Justice, Jamaica PDF PDF (consulted on 2012-07-12)
Abstract/Citation: This Act is applicable to all professional, as well as parts of the private recruitment of foreign workers for employment abroad. It does not cover the recruitment of personal or domestic servants nor of nonmanual workers. Professional recruiters (except "worker-recruiters") must have a licence, which is granted on specified conditions. Offences against the Act are criminally sanctioned. The travel expenses for the recruited foreign worker (and his family) to the place of employment is the responsibility of the recruiter (but not the "worker-recruiter") or the employer. The recruiter or employer is responsible for the recruited worker during his journey and if he becomes incapacitated by sickness or accident during the journey, he (and his family) shall be repatriated at the recruiter's or employer's expense. Recruitment is conditioned on the age and the medical fitness of the recruited worker and the lack or coercion and misrepresentation during his recruitment. Recruited foreign workers must be above sixteen, but may, under certain conditions, be under eighteen. The medical fitness of the worker is to be established upon arrival. A medically unfit worker (and his family) shall be repatriated at the expense of the recruiter or the employer. The absence of coercion and misrepresentation in the recruitment procedure is to be established by a Judge upon the arrival of the recruited worker. On a contrary finding the recruited worker (and his family) shall be returned home at the expense of the recruiter or employer. If a worker not engaged, after being recruited, for a reason for which he is not responsible, the worker (and his family) must be repatriated at the expense of the recruiter or the employer.
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