Employment (Recruitment of Migrant Workers) Regulations

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. IN EXERCISE of the powers conferred on the Minister responsible for labour by section 97 of the Employment Act, these Regulations are made this 10th day of May, 2021.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. These Regulations may be cited as the Employment (Recruitment of Migrant Workers) Regulations, 2021.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) to regulate the recruitment and placement of migrant workers by providing a mechanism for regulating the activities of recruitment agencies; and
2. (b) to uphold the dignity and rights of migrant workers by prescribing the appropriate terms and conditions of their employment.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. "claim" means a claim for compensation or benefits arising from an employer-employee relationship or for any personal injury, illness or death, within the terms and conditions of employment of a migrant worker;
2. "currency point" has the value assigned to it in the Schedule to this Act;
3. "derogatory record" means information such as illegal recruitment, falsification of documents, illegal solicitation of money or conviction for crimes involving moral turpitude;
4. "exploitation" means forced labour, sexual abuse, use of a person in illegal activities, servitude and child labour or non-fulfilment of the terms of the contract of a migrant worker;
5. "foreign recruitment agency" means an agency based outside Uganda which is accredited by a Ugandan Mission abroad, to recruit Ugandans to work abroad;
6. "job order" means written communication from a foreign recruitment agency to a recruitment agency indicating the number of Ugandan workers required for specified jobs abroad and their skills and the wages to be paid to the migrant workers;
7. "manpower pool" means a databank of a recruitment agency, of potential migrant workers;
8. "Ministry" means the Ministry responsible for labour;

4 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person who wishes to transact business as a recruitment agency in Uganda shall apply to the Ministry for a licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person to be granted a licence to operate as a recruitment agency under these Regulations shall be a company incorporated under the Companies Act, 2012.
2. (2) All the shareholders and the directors of a company referred to in subregulation (1) shall be Ugandans.
3. (3) The company shall have a minimum authorised capital of fifty million Uganda shillings and-
4. (a) where the company has been in existence for a year or less, the company shall have an account balance of not less than ten million Uganda shillings; and
5. (b) where the company has been in existence for more than one year, the company shall have a verified financial statement, income tax returns for the preceding one year and an account balance of not less than ten million Uganda shillings.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) travel agencies or sales agencies of airline companies;
2. (b) companies whose directors or shareholders are engaged in the business of operating travel agencies;
3. (c) political, religious or cultural organisations;
4. (d) companies that have been declared insolvent; and
5. (e) companies whose directors have a criminal record related to illegal recruitment or trafficking in persons.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A company proposing to transact or carry on business as a recruitment agency shall apply in writing, to the Ministry for a licence.
2. (2) An application shall be accompanied by a non - refundable application fee of one hundred thousand Uganda shillings.
3. (3) An application shall contain the following information-
4. (a) the name and address, including the email address of the prospective recruitment agency;
5. (b) the names of the employees to be involved in the recruitment and placement and their particulars, including the dates of their appointment, their bio-data and for each employee, two passport size photographs; and
6. (c) the names, addresses, nationality and occupation of the directors and the shareholders of the company.
7. (4) An applicant shall, prior to submission of the application, publish the application made under subregulation (3), in a newspaper of wide circulation.
8. (5) An applicant shall attach to the application the following- (a) a certified copy of the certificate of incorporation; (b) a certified copy of the memorandum and articles of association; (c) a bank guarantee of one hundred million shillings; (d) evidence of payment of the application fee; (e) for each director and shareholder, the individual tax returns and bank statement, for the past year; (f) proof of publication of the application; (g) a certificate of attendance of a representative of the applicant of a pre-licencing seminar conducted by the Ministry; (h) documentary evidence to confirm-

14 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry shall, in considering an application for a licence-
2. (a) analyse the financial history and status of the applicant;
3. (b) analyse the proposed management system of the applicant, for competence and integrity;
4. (c) analyse the capital structure of the applicant, for adequacy;
5. (d) determine that the directors, shareholders or employees do not have a criminal record; and
6. (e) take into account any other matter, which the Ministry may regard as relevant to the application.
7. (2) The Ministry shall, before granting a license to the applicant, inspect the office premises of the applicant, for suitability.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The Ministry shall consider an application, within forty-five days of receipt of the application.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry may grant a licence to the applicant where the Ministry is satisfied that the application complies with the requirements of these Regulations. (2) A licence shall only be granted upon payment of a fee of two million Uganda Shillings. (3) The licence granted in subregulation (1) shall indicate the name and address of the recruitment agency and the conditions, if any, attached to the licence.
2. (4) The licence granted under this regulation shall be valid for two years from the date of issue.
3. (5) A license is not transferrable.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry may refuse to grant a licence- (a) to a company that has a derogatory record held by the Internal Security Organisation or the Ministry; (b) to a company whose shareholders, directors or employees are guilty of carrying out illegal recruitment of a migrant worker; or (c) to a company whose directors or shareholders were involved with a recruitment agency whose licence was previously revoked by the Ministry for contravention of these Regulations.
2. (2) Where the Ministry refuses to grant a licence, it shall, in writing, state the reasons for the refusal to grant the licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A recruitment agency that wishes to renew its licence shall apply to the Ministry for renewal of the licence, before the expiry of the licence.
2. (2) The application in subregulation (1) shall be supported by-
3. (a) a bank guarantee of one hundred million Uganda shillings;
4. (b) the audited financial statements of the recruitment agency for the last accounting year and the tax returns of the recruitment agency and of the directors and the shareholders of the recruitment agency;
5. (c) evidence of clearance by the Criminal Investigation Department of the directors and shareholders;
6. (d) a statement of the shareholding of the recruitment agency, certified by a registrar of companies; and
7. (e) any other requirements as may be requested by the Ministry.
8. (3) The Ministry shall only process an application where all the documents required under subregulation (2) are submitted.

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry may suspend the licence of a recruitment agency where- (a) the Ministry receives information that there is exploitation of a migrant worker and conducts investigations to verify the information, and determines that the continued operation of the recruitment agency may lead to further exploitation of the migrant worker; or (b) a recruitment agency contravenes these Regulations.
2. (2) The Ministry shall before suspension of the licence, give the recruitment agency notice of the suspension and grant the holder of the licence an opportunity to be heard.
3. (3) The notice in subregulation (2) shall state-
4. (a) the reason for the proposed suspension;
5. (b) any corrective action required to be taken to avoid suspension of the licence; and
6. (c) the time within which the corrective action is to be taken.
7. (4) Where the licence of a recruiting agency is suspended, the recruiting agency shall return to the migrant worker or to the Ministry, all the documents submitted and the fees or charges paid by the migrant worker.
8. (5) Where a licence of a recruitment agency is suspended, the Ministry shall put a notice at the entrance of the premises showing that the licence is suspended and shall publish the suspension in at least one newspaper of wide circulation in the area where the recruitment agency is located.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry may, revoke the licence of a recruitment agency where a recruitment agency-
2. (a) contravenes these Regulations;
3. (b) does not carry on business of recruitment of migrant workers for a period of six months or more;
4. (c) engages in acts of misrepresentation, in relation to the recruitment and placement of migrant workers, such as the publication or advertisement of deceptive notices or information or the submission to the Ministry of documents which are fraudulent or contain false information;
5. (d) induces or attempts to induce an already employed migrant worker to transfer from, or to leave his or her employment for another employment unless the transfer is designed to relieve the worker from oppressive terms and conditions of employment;
6. (e) influences or attempts to influence any person or entity not to employ any migrant worker who applies for employment through the recruitment agency;
7. (f) substitutes or alters employment contracts and other documents approved and verified by the Ministry without the approval of the Ministry;
8. (g) falsifies or alters travel documents for a migrant worker;

8 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Ministry or a person authorised by the Ministry, in writing, shall, during working hours, with or without prior notice, inspect the premises, documents and equipment of the recruitment agency and the premises where the pre - orientation seminars are conducted.
2. (2) Notwithstanding subregulation (1), the Ministry may upon receipt of a complaint or a report of violation of these Regulations, conduct periodic or spot inspections, at any hour of the day or night and inspect the premises, documents and the equipment of the recruitment agency and the premises where the pre- orientation seminars are conducted.
3. (3) Where a recruitment agency changes the location of its office or establishes a branch, as the case may be, the Ministry shall, inspect the proposed premises, before the change of location or establishment of a branch.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) close the premises of a recruitment agency where it is determined that the recruitment agency violated the provisions of these Regulations; and
2. (c) give such directions necessary for compliance with the requirements of these Regulations.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A foreign recruitment agency that wishes to recruit Ugandan migrant workers shall do so through a recruitment agency.
2. (2) A foreign recruitment agency referred to in subregulation (1) shall apply to the Uganda Mission responsible for the country where the foreign recruitment agency is located, for accreditation.
3. (3) A foreign recruitment agency applying for accreditation shall submit to the Uganda Mission, the following-
4. (a) the English translation of the documents of incorporation of the foreign recruitment agency;
5. (b) a valid trade licence of the foreign recruitment agency, or its equivalent;
6. (c) the labour licence of the foreign recruitment agency, or its equivalent;
7. (d) the names and contacts of the officials of the foreign recruitment agency;
8. (e) the physical address and contacts of the foreign recruitment agency;

4 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A foreign recruitment agency shall not transfer its accreditation to another foreign recruitment agency or to any other company

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. where the foreign recruitment agency (a) does not carry on business of recruitment of migrant workers for a period of six months or more; (b) contravenes regulation 18; (c) charges, imposes or accepts directly or indirectly any amount of money, goods, services, fee or bond for any purpose, before obtaining employment for a migrant worker; (d) charges fees higher or contrary to the fees prescribed under these Regulations; (e) obstructs or attempts to obstruct inspection by the Uganda Mission; or (f) publishes or causes to be published in Uganda, a job order in violation of these Regulations.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A recruitment agency may advertise for-
2. (a) vacancies for an approved job order; or
3. (b) purposes of creating a manpower pool.
4. (2) The Ministry shall approve an advert before the advert is released.
5. (3) The subsequent publication of an advert which was previously approved and advertised or of a portion of the advert, in another form of press or media release, shall not require the approval of the Ministry, where the subsequent publication is done within a period of one month from the date of approval by the Ministry.
6. (4) For purposes of this regulation and regulations 21 and 22, a press or media release, whether in print, on radio or on television, shall be considered as an advert.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An advertisement for a job order shall indicate- (a) the name, address and licence number of the recruitment agency; (b) the levels of competence, skill and knowledge and the required categories and qualification standards; (c) the number of available vacancies;
2. (d) the name and accreditation number of the foreign recruitment agency and the work site;
3. (e) the date of approval of the job order by the Ministry;
4. (f) for each vacancy, the proposed salary;
5. (g) the countries of placement of the migrant workers;
6. (h) for each vacancy, the duration of the contract; and
7. (i) the applicable fees or charges.
8. (2) For the purposes of an advertisement for a job order under subregulation (1), foreign recruitment agency that seeks to recruit migrant workers, shall present a job order to the recruitment agency.

14 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An advertisement for a manpower pool shall indicate that the advertisement is for purposes of creating a manpower pool and shall include the following-
2. (a) the name, address and licence number of the recruitment agency; and
3. (b) the required skills and qualifications.
4. (2) For the avoidance of doubt a recruitment agency shall not for purposes of an advert for a manpower pool, charge or collect any fees from an applicant.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A recruitment agency that wishes to place migrant workers abroad shall seek clearance from the Ministry by submitting the following-
2. (a) for each migrant worker, a certificate of good conduct from Interpol;
3. (b) a pre-departure orientation training report;
4. (c) the approved job order;
5. (d) for each worker, a copy of his or her passport;
6. (e) a copy of the contract of employment;
7. (2) Where the migrant worker is a vacationer, the recruitment agency shall seek clearance from the Ministry by submitting the following-
8. (a) a copy of the work or employment visa of the vacationer;

4 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where a recruitment agency secures placement for a migrant worker, the recruitment agency shall present the migrant worker to the Directorate of Industrial Training for a trade test.
2. (2) The Directorate of Industrial Training shall conduct trade tests for the migrant workers based on the line category a foreign recruitment agency requests for in a job order.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A foreign recruitment agency may pay the recruitment agency a fee to cover services rendered in the recruitment and deployment of migrant workers, including the costs of the documentation and placement of the migrant workers. (2) Where a recruitment agency is paid fees under subregulation (1), the recruitment agency shall not charge any migrant worker any fee. (3) Where a foreign recruitment agency seeks to recruit domestic workers, the foreign recruitment agency shall cover all the costs for recruitment and placement of each domestic worker.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A recruitment agency may charge a migrant worker a fee not exceeding twenty thousand Uganda shillings for the administrative costs of the recruitment.
2. (2) Where the recruitment agency does not charge a migrant worker under subregulation (1), the recruitment agency may charge a migrant worker placement fees.
3. (3) The placement fees charged under subregulation (2), shall cover the costs for the placement of a migrant worker, including the costs for- (a) the trade or skill testing; (b) the pre - departure orientation seminar; (c) the medical examination and inoculation of the migrant worker; (d) acquiring a passport and processing the required visa; and (e) the notarization of documents.
4. (4) The placement fees shall be approved by the Ministry and shall only be collected from a migrant worker after he or she signs the employment contract.
5. (5) The recruitment agency shall issue a receipt to a migrant worker for the fees paid under this regulation.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. agency A recruitment agency shall pay to the Ministry for approval of a job order, two hundred thousand shillings for every job order, which shall be paid before approval of the job order and which shall be nonrefundable

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.