A bill to regulate operations of private employment agencies and recruitment of workers within and outside Kenya has been tabled in the Senate.
The bill by Nominated Senator Tabitha Mutinda also seeks to safeguard the rights and welfare of job seekers and migrant workers and for connected purposes.
Mutinda said the bill's objective is to promote safe, fair, ethical orderly recruitment of workers, protect the rights of job seekers, enhance coordination of labour migration governance in Kenya and enhance transparency and flexibility in labour migration.
She said it seeks to promote overseas employment, protect the human and labour rights and promote the welfare of Kenyan migrant workers while maximizing participation of Kenya migrant workers in the economic development.
This, the senator said will go a long way in promoting equal treatment of foreigners' migrant workers in Kenya who are lawfully engaged in employment.
"The bill to regulate the operations of private employment agencies and recruitment of workers within and outside Kenya seeks to provide a framework for collection, analysis, use of data, information on labour migration, labour migrants and promote opportunities for employment," said Mutinda.
The bill seeks to have the government deploy migrant workers to countries where their rights are protected with existing labour and social laws with signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers and existing bilateral agreement or arrangement protecting the rights of migrant workers.
in the bill, the National Employment Authority shall be required to register and regulate private employment agencies, develop pre-departure programmes for migrant workers, monitor the implementation of the pre-departure orientation programmes, identify and create awareness on employment opportunities in any foreign country and facilitate access to the opportunities by migrant workers.
The Authority will be required to verify and approve job orders emanating from private employment agencies, collect, analyse and disseminate data on foreign employment, develop and implement programmes necessary to safeguard the right and welfare of migrant workers, develop and implement a return and reintegration programme for migrant workers.
"If this bill is passed by the Senate the National Employment Authority will be required to receive and investigate complaints from migrant workers, job seekers, private employment agencies or any person and create public awareness on safe, regular and orderly labour migration," said Mutinda.
The bill proposes that the Authority shall in the performance of its functions have the power to summon witnesses and require them to give evidence orally or in writing, on oath or on affirmation and produce any evidence or exhibits that the Authority considers necessary, facilitate alternative forms of dispute resolution in disputes arising from this Act.
The Authority shall be required to cooperate and collaborate with other public entities, agencies, any foreign governments, regional and international and organizations in the enforcement of this act and obtain professional assistance or advice from any person or organization, whether within or outside the public service as it considers appropriate.
The bill seeks the establishment of a Multi-Agency Committee on Vetting of Private Employment Agencies consisting of the Principal Secretary responsible for matters relating to labour or his representative, the Principal Secretary responsible for matters relating to foreign affairs or his representative, the Commissioner for Labour, a representative of private employment agencies nominated by the by the largest and most representative association of private employment agencies and appointed by the Cabinet Secretary.
The bill also seeks to have the Director of Criminal Investigations or his representative, the Director General of the National Intelligence Service or his representative, the Director of Immigration or his representative and the Director General of the National Employment Authority as members of the multi-agency committee.
"The Principal Secretary responsible for labour or his representative shall be the chairperson of the Committee, the Director General of the Authority as the Secretary committee and shall have no voting rights while the Authority shall be the secretariat to the Committee if the bill is passed by the Senate," said Mutinda.
The bill states that the Multi agency Committee may invite any public officer or other person or any representative of any body, who in the opinion of the Committee has expert knowledge in matters relating to the functions of the Committee to attend any meeting of the Committee and participate in the proceedings.
