[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
(Section 76)
G.N. No. 17 of 1957
1. This Order may be cited as the Employment of Children (Exempted Occupations) Order.
2. Employment in the occupations specified in the Schedule which form part of any industrial undertaking shall be deemed not to be employment in an industrial undertaking for the purposes of Part VIII of the Employment Act.
3. Revokes the Employment of Women and Young Persons (Exempted Occupations) Order.
SCHEDULE
LIST OF EXEMPTED OCCUPATIONS
Planting, weeding, and harvesting of crops other than those necessitating climbing trees
Herding livestock
Running messages
The outdoor spreading and sorting of fibre
Pest control not involving the use of chemicals
Grading of seeds and tobacco leaves not involving the use of machinery.
(Section 1)
G.N. No. 26 of 1961
1. Citation
This Order may be cited as the Employment Act (Exemption) Order.
2. Employment of certain persons to be exempted from certain parts of Cap. 366
(1) Subject to the provisions of subparagraph (2), the persons and classes of persons listed in the Schedule shall not as employees, be subject to the provisions of Parts IV (with the exception of section 14A V, VI, VII, IX, XI and XII of the Employment Act nor to the provisions of the following Regulations made under the Act–
(a) The Employment (Contracts of Service) Regulations;
(b) The Employment (Protection of Wages) Regulations;
(c) The Employment (Provident Fund) Regulations.
(2) Nothing in this Order shall be construed as exempting any person from any of the provisions of the Employment Act or regulations made in his capacity as an employer or recruiter.
3. Revocation
Revokes the Employment Ordinance (Exemption) Order.
SCHEDULE
(a) Any person who is in receipt of wages exceeding eight thousand four hundred shillings per annum or the equivalent monthly rate;
(b) any person who is employed by the Government or Public Corporations on pensionable terms, whether on probation or not.
Note. The effect of this Order is to exempt the persons listed in the Schedule in so far as they are employees, from those Parts of the Act and from those Regulations specified in paragraph 2(1). The Order does not have the effect of enabling any person to escape any obligation imposed on him by, or under, the Act in his capacity as an employer or recruiter.
REGULATIONS
(Section 95)
G.N. No. 12 of 1957
1. Citation
(1) These Regulations may be cited as the Employment (Restriction of Employment of Children) Regulations.
(2) The expressions used in these Regulations shall have the meanings respectively assigned to them in the Employment Act.
2. Restrictions of employment of children
(1) It shall be a condition of the employment of any child whose employment is permitted under the provisions of the Employment Act, that–
(a) the child shall not be permitted to carry any load weighing more than 20 kilograms provided always that a labour officer or medical officer shall have the power to reduce the weight so permitted in the case of any child if, in his opinion, the physical condition of such child and the circumstances of his employment render this desirable;
(b) the child shall not be required to work for more than three consecutive hours, nor shall he be permitted to work for more than six hours during any period of twenty-four hours;
(c) the child shall not be employed between the hours of six o'clock in the evening and six o'clock in the morning;
(d) the child shall not be permitted to enter any room or shed containing machinery; and
(e) the child shall not be required to work during any hours of the day in, or for which, he is receiving instruction from or has been enrolled or ordered by a Local Government Authority to enrol as a pupil of any school registered in accordance with the Education Act *.
(2) Notwithstanding anything in this Regulation, the Labour Commissioner or any labour officer shall have the power by order to prohibit the employment of children in any case where he is satisfied that the conditions of employment of children are unsatisfactory.
3. Penalty
Any person who employs any child in a manner which is contrary to the provisions of these Regulations is guilty of an offence, and shall be liable on conviction to a fine not exceeding two thousand shillings and in the case of a third or subsequent offence against the same provision to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
4. Revocation
[Revokes the Employment of Children Rules.]
(Section 104)
G.Ns. Nos.
8 of 1957
86 of 1957
1. Citation
These Regulations may be cited as the Employment (Care and Welfare) Regulations.
2. Interpretation
The expressions used in these Regulations shall have the meanings respectively ascribed to them in section 2 of the Employment Act (hereinafter referred to as "the Act".
PART I
HOUSING AND SANITATION (regs 3-9)
3. Housing
Where the employer is required to provide an employee with housing–
(a) such housing shall be a dwelling constructed in accordance with the specifications contained in the First Schedule to these Regulations:
Provided always that tentage of a pattern approved by the Labour Commissioner may, in special circumstances and subject to the approval of the Labour Commissioner and subject to such conditions and for such maximum period as he may direct, be used for temporary dwelling;
(b) an employee having his family living with him shall be provided with at least one living room for the sole use of himself and his family.
4. Existing dwellings
The requirements of Regulation 3 that the dwelling shall be constructed in accordance with the specifications contained in the First Schedule hereto shall not apply where the dwelling has not been certified by the proper authority or a medical officer to be of a kind or in a condition which is likely to be injurious to health.
5. Sites for dwellings
Every site upon which permanent or semi-permanent dwellings are to be erected shall first be approved by the proper authority.
6. Uninhabitable dwelling
When, in the opinion of the proper authority or any medical officer, any dwelling is uninhabitable or, ceases to be habitable or, save in those cases to which regulation 4 applies, fails to comply in any respect with the specifications contained in the First Schedule, the proper authority or such medical officer may direct the employer in writing that the same shall not be used for the housing of employees unless or until the repairs specified in such directions are carried out and thereupon the employer shall carry out the said repairs within a reasonable time to the satisfaction of the proper authority and, if so directed, shall find an alternative dwelling for the said employees:
Provided that in the case of temporary dwellings, certified by a medical officer or health inspector, to be dangerous to health, the proper authority may direct that such dwellings shall be demolished.
7. Washing and changing facilities
Where, any employer employs any employee in any employment which is dirty, offensive or prejudicial to health, the employer shall, when directed by the Labour Commissioner so to do, provide adequate and suitable facilities for washing and, where protective clothing is provided, for the accommodation of clothing not worn during working hours, which facilities and accommodation shall be approved by the proper authority.
8. Latrines
(1) Where an employer is required to provide his employees with housing he shall provide adequate latrine accommodation for such employees and members of their families living with them at their dwellings.
(2) Where the proper authority so requires an employer shall provide adequate latrine accommodation for his employees at the place of their employment.
(3) Such latrine accommodation shall be provided in accordance with the description set out in the Second Schedule and shall be maintained in a clean and sanitary condition to the satisfaction of the proper authority.
9. Refuse
An employer shall ensure that the area of any place of employment set aside to accommodate his employees and their families is kept in a clean and sanitary state and that domestic refuse is every day either burnt or buried under not less than nine inches of soil or disposed of by such other method as may be approved by the proper authority in an area approved for this purpose by the proper authority or a medical officer, and he shall maintain such areas in a clean and sanitary condition to the satisfaction of the proper authority.
PART II
FEEDING (regs 10-17)
10. Feeding of employees
Subject to the provisions of regulation 11 of these Regulations, where an employer is required to provide rations in accordance with the provisions of subsections (1) or 2(b) of section 98 of the Act.
(a) a male employee over the apparent age of fifteen years shall be entitled to a ration of the description specified in Column 1 and on the scale specified in Column 2 of the Third Schedule to these Regulations;
(b) all employees other than male employees over the apparent age of fifteen years shall be entitled to a ration of the description specified in Column 1 and on the scale specified in Column 3 of the Third Schedule to these Regulations; and
(c) members of the family of an employee living with him shall be entitled to rations of the description specified in Column 1 of the Third Schedule to these Regulations and on the following scales–
(i) adults over the apparent age of fifteen years, the scale specified in Column 4; and
(ii) children under the apparent age of fifteen years, the scale specified in Column 5 of the Third Schedule to these Regulations:
Provided that the employer may in place of any item or alternative item specified in the Third Schedule to these Regulations supply such other food stuffs and in such quantities as the proper authority may in writing approve.
11. Alternative arrangements
Where the foodstuffs prescribed in the Third Schedule hereto are not reasonably obtainable, an employer who is required to provide rations under the provisions of the Act as shall provide such other foodstuffs and in such quantities as may be required in writing by the proper authority.
12. Kitchen facilities
When an employer provides housing for his employees, he shall, unless exempted in writing by the proper authority, make available to his employees adequate kitchen facilities for the preparation of food.
13. Issue of uncooked food
When an employer provides for an employee any uncooked food requiring to be cooked before being consumed, the employer shall make available to the employee an adequate supply of fuel, when such fuel is not otherwise available free of cost to the employee.
14. Issue of cooked food
When an employer provides for an employee any food which either is cooked or does not require to be cooked before being consumed, the employer shall–
(a) provide adequate storage space and kitchen facilities for the preparation and serving of the food;
(b) provide adequate staff and supervision for the storage, handling and preparation and serving of the food;
(c) ensure that all stores, kitchens and any eating places are maintained in a clean and sanitary state; and
(d) ensure that all food is stored, handled, prepared and served with due regard for cleanliness and the prevention of disease.
15. Condition of food
(1) The food supplied by an employer to his employees shall be wholesome, sound and otherwise fit for human consumption.
(2) When such food is supplied cooked, it shall be properly cooked under hygienic conditions.
16. Storage of food
All food to be supplied by an employer to his employees shall be stored prior to preparation or issue under such conditions and in such manner as to prevent its infestation by insects, rats or other vermin.
17. Slaughter of domestic animals
Where an employer slaughters or contracts to have slaughtered any domestic animals on the property of the employer for the supply of meat to his employees, the employer shall be responsible for ensuring that adequate facilities are provided for the slaughter of such animals and for the disposal of waste products.
PART III
MEDICAL CARE (regs 18-24)
18. Duty of employer to provide medicines
Every employer shall keep available, and ready for immediate use the First Aid equipment specified in Part A of the Fourth Schedule and the drugs and dressings specified in Part B of the Fourth Schedule and shall keep and maintain the said First Aid equipment and drugs and dressings in good order and condition and in accordance with directions in the said Schedule:
Provided that, where less than as ten employees are employed by an employer at one place of employment, the provisions of this regulation shall not apply to such employer unless the proper authority acting on the advice of the Director of Medical Services, by notice in writing to such employer directs that the same shall apply; and
Provided also that the proper authority acting upon the advice of the Director of Medical Services by notice in writing to any employer, any direct and specify that First Aid equipment, drugs, dressings or other equipment in addition to those in Parts A and B of the Fourth Schedule be made available by such employer in any case where in the opinion of the proper authority a special occupational hazard exists in the nature of the employment.
19. Exemptions
Notwithstanding the provisions of regulation 18, no employer whose place of employment is situated within the area of a municipality or township, or who with the prior written consent of the proper authority makes use of medical outpatient facilities provided by the Government or Local Government Authority, mission or medical practitioner, shall be required to keep the drugs and dressings specified in Part B of the Fourth Schedule unless the Director of Medical Services is satisfied that there exists an occupational hazard in the nature of the employment and by notice in writing requires the employer to provide all or any of the facilities, drugs, dressings or equipment specified in Parts B and C of the Fourth Schedule.
20. Duty of employer to provide medical attention
Where an employer who is required to keep the drugs, dressings, and equipment set out in the Fourth Schedule has reasonable cause for believing that any employee employed by him who resides on the employers property or the wife or child of such employee residing with him is suffering from any hurt or ailment, he shall with the consent of such employee or his wife administer or apply or cause to be administered or applied to such person any of the said drugs, dressings and equipment as may be suitable.
21. Duty of employer to obtain medical attendance or hospital treatment
Where an employer has reasonable cause for believing that any employee employed by him who resides on the employer's property or the wife or child of such employee residing with him is suffering from any serious hurt or ailment he shall take all reasonable measures to obtain skilled medical aid for such person without undue delay and if required to do so by the Labour Commissioner or any Labour Officer or Medical Officer, or in case of danger to life or serious illness, he shall transport the said person as soon as possible to the nearest hospital where such skilled medical attendance is available.
22. Duty of employer to provide out-patient and in-patient facilities
(1) Every employer who employs at any one time one hundred or more employees at any one place of employment or two or more places of employment so situated that the Labour Commissioner has directed that they should be regarded for this purpose as one place of employment, shall when directed so to do in writing by the proper authority, provide and maintain such staff, accommodation and other facilities for the treatment of outpatients or inpatients or both as may be required by the Director of Medical Services.
(2) Where an employer is directed to provide facilities for the treatment of outpatients, such facilities shall include the provision of a dispensary which shall contain as a minimum the outpatients equipment specified in Part C of the Fourth Schedule to these Regulations in addition to such First Aid equipment, drugs, dressings and other equipment as are specified in Parts A and B of the Fourth Schedule.
23. Duty of employer to make enquiries
Every employer to whom these regulations apply shall daily visit, or cause to be visited by a responsible person acting on his behalf, every dwelling on the premises of such employer occupied by an employee of such employer and shall make or cause to be made enquiries of every such employee or member of his family found there at the time of such visits for the purpose of ascertaining whether any employee or member of his family is suffering from any hurt or ailment.
24. Isolation of cases of infectious disease
The employer shall cause adequate provision to be made for the isolation of all cases of notifiable disease occurring amongst his employees and their families living on the employer's premises.
PART IV
REPATRIATION (regs 25-27)
25. Certificate of a medical officer required before repatriation
Where, by reason of ill health or accident, the contract of any employee is terminated, or where an employee is certified under the provisions of section 47 of the Act not to be physically fit for the work contemplated by the contract of service, the employer shall before returning the employee to the place of his engagement obtain from a medical officer or medical practitioner a certificate stating that such employee is in a fit condition to travel.
26. Employer to provide transport and food
The employer shall at his own expense provide transport and a sufficient supply of food for the employee's consumption for any period during which the employee is proceeding to and from any place where, for the purposes of the certificate required under regulation 25, he is required to be medically examined.
27. Employer to to pay expenses for medical examination
Where an employee, for the purpose of medical examination under regulation 25, has been detained on the instructions of a medical practitioner in any place, the employer shall pay any expenses incurred, in respect of such employee's medical aid for a period not exceeding thirty days in such place:
Provided that, insofar as the limitation of time to thirty days is concerned, this regulation shall not apply in cases of injury by accident or occupational disease which would entitle the employee to compensation under the terms of the Workers' Compensation Act * or any Act replacing the same.
PART V
GENERAL (regs 28-30)
28. Employees to comply with lawful orders as to sanitary precautions
Every employee and any person living with such employee shall obey any lawful order given to him by the proper authority or by his employer for the purpose of securing the observance by such employee of sanitary or health precautions in any dwelling or as to any matter for which such employee is responsible, but the refusal or neglect of any employee to obey such order or orders as shall not of itself exempt the employer from any liability imposed by these regulations.
29. Penalty
(1) Any employer who in any matter as to which he is under a liability to do so fails or neglects or refuses in any respect to comply with any provision of these Regulations or of any direction in writing lawfully given hereunder, commits an offence and upon conviction is liable to a fine not exceeding two thousand shillings and, in the case of a third or subsequent offence against the same provision, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one month or to both.
(2) Any employee or any person living with such employee who refuses or neglects to comply with any lawful order, as provided for in regulation 28, commits an offence and upon conviction is liable to a fine not exceeding three hundred shillings, and in the case of a third or subsequent offence to a fine not exceeding three hundred shillings or to imprisonment for a term not exceeding one month or to both.
30. Revocation
[Revokes the Master and Native Servants (Repatriation) Regulations; The Master and Native Servants (Proper Feeding) Regulations; The Master and Native Servants (General Care) Regulations; The Master and Native Servants (Medical Care) Regulations; The Master and Native Servants (Proper Feeding) (Amendment) Regulations 1950 and 1954 and the Master and Native Servants (General Care) (Amendment) Regulations, 1953 and 1954.]
FIRST SCHEDULE
SPECIFICATIONS FOR HOUSING
PART I
ALL TYPES OF HOUSING
1. (1) Living rooms shall be so arranged that at least two walls shall be external walls; provided that in the case of permanent dwellings this shall not apply in cases where, on application by an employer to the Labour Commissioner, the Labour Commissioner is satisfied that adequate ventilation is assured.
(2) No more than four living rooms shall be built in a line under one in the case of permanent dwellings, the Labour Commissioner may, subject to such conditions as he may direct as to the occupation of such dwellings, permit more than four living rooms to be built in a line under one roof.
2. No single room shall accommodate more than four occupants except that in the case of a labour transit centre or post provided for the accommodation of persons in transit to or from places of employment, no room shall accommodate more than twelve occupants.
3. At least forty square feet of floor space shall be provided for each occupant and no living room shall have less than one hundred square feet of floor space.
4. Floors shall be raised at least eight inches above the ground level and shall be constructed and maintained with a reasonably smooth surface, free from cracks so as to facilitate cleaning and to prevent the lodgement of vermin.
5. At least five square feet of window space, in addition to the permanent ventilation referred to in paragraph 6 below and door space, shall be provided in respect of every one hundred square feet of floor space.
6. Permanent ventilation shall be provided high up on the walls and shall be in the ratio of at least five square feet for every one hundred square feet of floor space unless for climatic reasons this ratio is varied by written permission of the Labour Commissioner.
7. Every external door opening in a living room shall be provided with a weather-proof door properly fitted and hung and so maintained, and every window opening shall be protected against ingress and shall be weather-proof to the satisfaction of the proper authority.
8. Stormwater drains, adequate to carry off surface water and roof drainage, and so constructed as to prevent damage by erosion to houses, shall be provided where necessary.
9. Unless exempted in writing by the proper authority, no dwelling erected after the commencement of these Regulations shall be constructed with non-insulated metal walls.
PART II
PERMANENT DWELLINGS
10. Walls shall have a minimum height of seven feet measured from the floor to the top of the wall plate and shall have a surface free from cracks or crevices and shall be so maintained.
11. The roof shall be weather-proof and constructed of non-inflammable material.
12. Every dwelling shall be separated from the next dwelling by a distance not less than the distance between the ground level and the apex of the roof of the dwelling concerned or a distance of fifteen feet, whichever is the greater.
PART III
SEMI-PERMANENT DWELLINGS
13. Walls shall have a minimum height of seven feet measured from the floor to the top of the wall plate and shall have a surface free from cracks or crevices and shall be so maintained.
14. Every dwelling shall be not less than fifteen feet apart.
15. The roof shall be weather-proof and if constructed of thatch shall have a minimum pitch of 45 degrees.
PART IV
TEMPORARY DWELLINGS
(This type includes dwellings the walls of which are constructed of grass, palm leaf, papyrus (reed), mud and wattle or similar materials.)
16. (1) Walls shall have a minimum height of six feet, except in the case of beehive-shaped houses, and shall be constructed and maintained to the satisfaction of the proper authority.
(2) Beehive-shaped houses shall have a minimum inside diameter of twelve feet and the centre pole shall extend to at least eight feet above floor level.
17. The provisions of paragraph 14 shall apply.
18. The roof shall be weatherproof and if constructed of thatch shall have a minimum pitch of 45 degrees.
SECOND SCHEDULE
SPECIFICATIONS FOR LATRINES
1. Latrines of a design approved by a medical officer in writing shall be provided for the safe and nuisance-free disposal of excreta.
2. (1) Not less than one latrine stance shall be provided for every fifteen persons except when the method of disposal is by a septic tank type of latrine, in which case not less than one stance shall be provided for every ten persons.
(2) A septic tank type of latrine means a non-flush water-borne aqua privy.
3. (1) When a multiple stance latrine or block of latrines is shared by more than one family the accommodation provided for the women and children shall be separate from that provided for the men and shall have a separate entrance.
(2) Such a latrine or block of latrines shall be cited not less than fifteen yards from the nearest walling or kitchen.
4. Single stance latrines not of the flush tube for the use of one dwelling shall be cited not less than five yards from the nearest dwelling.
5. No latrine shall be more than sixty yards from the dwelling of any person for whom it is provided.
6. A latrine shall be so constructed as to ensure privacy to the user and to exclude direct skylight from the stance opening and shall be weatherproof; and the floor shall be of impervious material and shall be raised at least eight inches above the ground level.
7. Concrete stances or stances of other approved impervious material and close fitting covers shall be provided.
8. (i) Pit latrines shall be not less than fifteen feet deep.
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(ii) A pit latrine shall be deemed to be full when the surface of its contents is within four feet of the top of the surrounding soil, and shall be then closed or sealed in an adequate manner.
9. Stormwater drains, adequate to carry off surface water and roof drainage, shall be constructed when necessary.
THIRD SCHEDULE
SCALE OF RATIONS
(Regulations 10 and 11)
Foodstuff | Quantity (per day) |
|||
Male employees over the apparent age of 15 years |
| Members of employee's family |
||
Over the age of 15 years | Under the age of 15 years |
|||
(1) | (2) | (3) | (4) | (5) |
Maize meal | 20 | 12 | 8 |
|
or sorghum or Millet or | ||||
Rice (Unpolished) | ||||
Dried beans | ||||
or Cowpea (Kunde) | ||||
or Gram (Choroko) | ||||
Meat (fresh, lean, no bone | ||||
or Fresh Fish | ||||
or Dried Meat or | ||||
or Dried Sprats (Dagaa) | ||||
or Milk (whole or | ||||
Groundnuts | ||||
Edible Oil (of which at least 50 per cent shall be Red Palm Oil or an alternative approved by a proper authority) | ||||
Fresh Fruit or | ||||
Sugar or Jaggery | ||||
Salt | 31 ½ | 32 ½ | 33 ½ |
FOURTH SCHEDULE
PART A
FIRST AID EQUIPMENT TO BE KEPT BY THE EMPLOYER
Where the number of persons employed |
||
Exceeds ten but does not exceed fifty |
|
|
ITEM | Quantity | Quantity |
Copy of the First Aid leaflet (L.D. | 1 | 1 |
Enamelled iron or stainless steel bowl of a | 1 | 1 |
Enamelled iron or stainless steel bowl of | 1 | 1 |
Safety pins of a minimum length of 1 inch | 12 | 12 |
Cotton wool, lb. | 1 | 1 |
Triangular bandages | 12 | 12 |
Cetrimide, 2 per cent solution fluid ozs. | 10 | 10 |
1 per cent aqueous solution of Gentian | 10 | 10 |
Castor oil contained in a bottle having a | 1 | 1 |
Small sterilised dressings for injured | 12 | 24 |
Medium sterilised dressings for injured hands | 12 | 24 |
Large sterilised dressings for other | 12 | 12 |
Complete long, socketed, thigh splints, | 2 | 2 |
Pair of blunt-ended scissors, 5 inches long | 1 | 1 |
Reel of adhesive plaster not less than 3 | 1 | 1 |
PART B
ESSENTIAL DRUGS AND DRESSINGS TO BE KEPT BY THE EMPLOYER
1. DRUGS |
|
Name of Article | Minimum quantities which must always be available for one hundred or more employees |
Cough Mixture (approved by Government | 4 pints. |
Epsom Salts or Sodium Sulphate | 5 lb. |
Cetrimide, 2 per cent Solution | 1 pint. |
Acriflavine Solution (1/1,000) or | 1 pint. |
Protargol Solution (2 per cent) | 4 ounces. |
Liniment | 2 pints. |
Medicinal Kaolin | 1 lb. |
Iodoform and Kaolin Powder | ½ lb. |
Paludrine or Mepacrine Tablets | 500 tablets. |
Sulphur Ointment | 1 lb. |
Zinc Ointment | ½ lb. |
Aspirin Tablets | 500 tablets. |
Vaseline | 1 lb. |
2. DRESSINGS |
|
Plain Gauze 2x6 yard packets | 2-inch Adhesive plaster - 1 roll |
Plain Lint. 2 lb. | 2-inch Elastoplast - 1 roll |
Cotton Wool, 2 lb. | American, as required for bandages. |
Where less than a hundred employees are employed the quantities of drugs and equipment specified above shall be varied accordingly, provided that in no case shall less than 25 per cent of such quantity be kept. |
PART C
DISPENSARY FOR THE TREATMENT OF OUTPATIENTS
Furniture |
|
1 table | 1 chair |
1 bench | 1 cupboard with lock |
1 box for dressings | Shelves as required |
Equipment |
|
1 stove | Paraffin as required |
1 enamel jug | 1 steriliser |
1 bucket | 1 washing basin |
Soap as required | 2 nail brushes |
2 towels | 1 1-pint E.1. measure |
2 blankets | 1 8-oz. glass measure |
1 4-oz glass | 2 teaspoons |
2 ½-oz. measure | 2 8-inch kidney basins |
2 thermometers | 2 pairs scissors B.P.5 inches |
1 specimen glass | 1 small dressing tray |
2 dissecting forceps | 3 bowls 8 inches diameter |
1 large dressing tray | A supply of microscope slides |
1 eye dropper (pipette) | |
Stationery |
|
1 out-patient register | 2 pen-holders with spare nibs |
Ink as required - two colours | 1 pencil |
Scribbling paper as required |
(Section 129)
G.N. No. 15 of 1957
1. Citation
(1) These Regulations may be cited as the Employment (Forced Labour) Regulations.
(2) The expressions used in these Regulations shall have the meanings respectively assigned to them in the Employment Act (hereinafter referred to as the Act).
2. Liability for forced labour
(1) Only able-bodied adult males who are of the apparent age of not less than eighteen years and not more than forty-five years may be called upon for forced labour.
(2) No person who is fully employed in any work or has been so employed during the preceding twelve months for a period of three months shall be liable to be called upon for forced labour.
(3) Save where forced labour is imposed for the execution of public work under the conditions set out in paragraph (b) of the proviso to section 126 of the Act, the following conditions shall apply–
(a) wherever possible, every worker shall before being called upon for forced labour, be certified by a Government medical officer or other approved medical practitioner to be free from contagious or infectious disease and physically fit for the work required in the conditions under which it is to be carried out; and
(b) conjugal and family ties shall be respected.
3. Proportion of population permitted to be taken for forced labour
The proportion of the resident adult able-bodied males who may be taken at any one time from any one area for forced labour shall in no case exceed twenty-five per centum of such number of males. In fixing this proportion, regard should be had to the density of the population, to its social and physical development, to the seasons, to the work which must be done by the persons concerned on their own behalf in their locality and generally to the economic and social necessities of the normal life of the community concerned.
4. Maximum period of forced labour
(1) No person shall be called upon for forced labour of any kind for a period exceeding sixty days in any one period of twelve months including time spent in going to and returning from place of work.
(2) Every person from whom forced labour is exacted shall on application be furnished with a certificate showing the periods of such labour which he has completed.
5. Normal hours of labour
(1) The normal working hours for forced labour shall be the same as those prevailing in the locality in the case of voluntary labour, and any hours worked in excess of normal working hours shall be remunerated at the rate prevailing in the case of overtime for voluntary labour.
(2) A weekly day of rest shall be given to all persons doing forced labour and such day shall normally be the day customarily observed as a day of rest in the community concerned.
6. Remuneration of forced labour employees
(1) Wages shall be paid to each employee individually.
(2) For the purpose of calculating wages due, the days spent in travelling to and from the place of work shall be counted as working days.
(3) Notwithstanding the provisions of this or any other legislation no deduction from wages shall be made for the payment of taxes or for special food, clothing or accommodation to any employee for the purpose of maintaining himself in a fit condition to carry on his work under the conditions of his employment or for the supply of tools.
7. Transfer of employees to areas with different climatic conditions
(1) Except in cases of special necessity, persons from whom forced labour is exacted shall not be transferred to places where the food or climate differs so considerably from those to which they have been accustomed as to be likely to endanger their health.
(2) In no case shall the transfer of such employees be permitted unless all measures relating to hygiene and accommodation specified under the Employment (Care and Welfare) Regulations can be applied.
8. Forced labour for transport of persons or goods
The following special conditions shall apply to the employment of forced labour for the transport of goods or persons:
(a) no single employee shall carry a load in excess of fifty pounds in weight and, in the case of loads weighing more than this amount, employees at the rate of one for every forty pounds weight shall be provided;
(b) no person so employed shall be taken more than three days march from his place of habitual residence;
(c) the day's march shall not exceed eight hours for normal going including appropriate rest periods and if, in emergency extra marching is required to be performed, then extra pay shall be given in proportion;
(d) no person so employed shall be employed for porterage totalling more than thirty days in any one year.
9. Forced labour for purposes for cultivation
Forced labour shall not be employed for purposes of cultivation except as a measure of precaution against famine or threat of famine and the food or produce so produced shall remain the property of the individual or the community so producing it.
10. Complaints
In addition to any other remedy which he may pursue any person from whom forced labour is exacted who is aggrieved by the conditions under which he is required to perform such labour may report the matter to a Labour Officer or an Administrative Officer who shall take such steps as may seem to him expedient, to enquire into and if necessary to remedy the matter.
11. Returns
Every authority other than the Minister who imposes forced labour under and in accordance with the provisions of the Act shall inform the Labour Commissioner as soon as practicable, and shall render on the last day of each quarter a return showing the numbers of persons from whom forced labour has been exacted, the duration of the period for which they were so employed and the nature of the work upon which they were engaged.
12. Powers of officers
For the purpose of satisfying himself that the provisions of these Regulations are being duly observed, the Labour Commissioner, or any Labour Officer, shall have the powers conferred upon him by section 9 of the Act as though persons from whom forced labour is exacted in accordance with the provisions of the Act.
13. Penalty
Any person who, being concerned in the exaction of forced labour–
(a) knowingly exacts such labour from persons not liable; or
(b) knowingly exacts such labour from any person for more than sixty days in any one period of twelve months; or
(c) being concerned in the payment for such labour knowingly pays any wages other than to the person entitled thereto;
(d) otherwise wilfully neglects or fails to comply with any of the provisions of these Regulations in respect of the exaction of forced labour,
commits an offence, and on conviction is liable to a fine of two thousand shillings and, in the case of a third or subsequent offence against the same provision of these Regulations, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both.
(Section 158)
G.Ns. Nos.
9 of 1957
90 of 1957
1. Citation and construction
(1) These Regulations may be cited as the Employment (Contracts of Service) Regulations.
(2) The expressions used in these Regulations shall have the meanings respectively assigned to them in the Employment Act (hereinafter referred to as "the Act".
2. Ticket contracts
In every ticket contract the ticket shall be in the form and contain the particulars set out in Form A of the Schedule to these Regulations.
3. Form of employment card
Every employment card issued to an employee in accordance with the provisions of section 35 of the Act shall be in the form and contain the particulars set out in Form B of the Schedule to these Regulations.
4. Form of written contracts
Every written contract of service, other than a foreign contract of service, shall be in the form and contain the particulars set out in Form C of the Schedule to these Regulations.
5. Form of foreign contracts
Every foreign contract of service shall be in the form and contain the particulars set out in Form D of the Schedule to these Regulations.
6. Form of bond for foreign contracts of service
The bond to be entered into to secure the due performance of a foreign contract of service under section 59 of the Act shall be in the form set out in Form E of the Schedule to these Regulations.
7. Fees for attestation and medical examination
(1) The fees to be paid to Government on attestation or certification of contracts of service shall be as follows–
| Foreign contracts of service | Shs. 2/- for each employee |
| Other contracts of service | Shs. 1/- for each employee. |
(2) The fee to be charged by a Government medical officer for an examination in accordance with section 47(1) of the Act shall be Shs. 2/- in respect of each person examined:
Provided that Government Departments, including all Departments and all services, shall be exempt from the payment of any fee which is prescribed in this regulation.
SCHEDULE
FORMS
FORM A (FRONT)
PARTICULARS TO BE CONTAINED IN TICKET CONTRACT
TANZANIA
(Regulation 2)
THE EMPLOYMENT (CONTRACTS OF SERVICE) REGULATIONS
NAME AND ADDRESS OF EMPLOYER ............................................................................. |
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Record and date of days worked | PAYMENTS (Including Advances) |
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Date Amount |
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Total Amount Paid........ | ||||||
............................................................................... | ........................................... |
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FORM "A" (REVERSE) |
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1 Inclusive/Exclusive of ration allowance ................................. Shs. ...................... cts ........ |
FORM B (FRONT)
FORM OF EMPLOYMENT CARD
TANZANIA
(Regulation 3)
THE EMPLOYMENT (CONTRACTS OF SERVICE) REGULATIONS
1. Name of Employer ....................................................................................................... |
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2. Address of Employer .................................................................................................... |
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3. Place of Employment ................................................................................................... |
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4. Name of Employee and Father's Name ........................................................................... |
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5. Race or Tribe of Employee ............................................................................................. |
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6. Address of Employee .................................................................................................... |
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7. Domicile of Employee (if indigenous) .............................................................................. |
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I hereby certify that I have examined the above-named employees and, with the exception of those men whose names I have deleted, they are physically fit to proceed to ...................... |
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.................................................................. .................................................... 20........ | ................................................................. |
Place of attestation ................................... | |
District of attestation ................................. | |
I hereby certify that I have read over and explained this contract this contract to all the employees concerned; that I have explained to them the provisions and meaning of Section 150 of the Act and that they are liable to criminal prosecution for any offence committed under the Act and that they with full understanding of the meaning of the contract have individually and voluntarily assented for it; and that each of them has declared that he is not bound by any previous engagement inconsistent with this engagement. |
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Place of attestation ...................................................... |
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District of attestation .................................................... |
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.......................................................... Designation ....................................... |
FORM C
WRITTEN CONTRACT OF SERVICE
FIRST SCHEDULE
EMPLOYEES
(Regulation 4, Form C, Clause 1)
No. on List | Name | Father's Name | Tribe | Vill- | District of Domicile | Place of Engage- ment |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Tax Regist- ration No. | Nature of work | Medical Grade | Rate and periodi- city of Wages | Advance made at time of attestation | Signature or thumb or finger impression according to column one |
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8 | 9 | 10 | 11 | 12 | 13 |
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SECOND SCHEDULE
FAMILIES OF EMPLOYEES
(Regulation 4, Form C, Clause 8)
Employees | Number on attestation list | Names of members of family |
NOTES
(These Notes do not form part of the prescribed form of agreement, but are intended to assist parties in the use of the prescribed form.)
(a) Clause 3. If the employee(s) is/are to be employed for a specific period other than by reference to completed tickets of thirty working days each, complete para. (i). If the employee(s) is/are to be employed with reference to completed tickets, complete paragraph (ii). Attention is drawn to section 49 of the Act.
(b) Clause 4 Paragraph (iii). One alternative should be deleted where the contract of service to be performed is at a place other than that at which the agreement is made.
(c) Clause 5. This clause should only be completed where the sanction of the Labour Commissioner to the deposit of wages has been obtained under the provisions of section 46 of the Act. The directions of the Labour Commissioner as to the place and manner of the payment of such wages should be inserted in the space provided at the end of the clause.
(d) Clause 6. If no provision is to be made for advances this clause should be deleted. Advances may only be made subject to and in accordance with regulations made under section 15 of the Act.
(e) Clause 7. If the employer is not obliged by law to provide living accommodation, and if it is not part of the agreement that accommodation should be provided this clause should be deleted.
(f) Clause 8. In certain contracts of service an employee must be accompanied by members of his family. (See for example section 49). Where such provisions do not apply and it is not part of the agreement that families should accompany employees or be housed by the employer this clause should be deleted.
(g) Clause 9. If the contract of service is to be performed at a place other than that at which it is made, and provision is made for the transport of employees and/or their families to the place of employment, such provision should be inserted here.
(h) Clause 10. Attention is drawn to Section 98 of the Act. This clause should be completed in accordance with the employer's obligations (if any) under that section. If the employer is under no obligation by law to provide rations or to take the value of rations into account in fixing wages, and it is not the intention of the parties that rations or allowance in lieu shall be issued, this clause should be deleted.
(i) Clause 12. Insert here any additional terms of the agreement which are not contrary to or inconsistent with the provisions of the Act, any regulations made under the Act or any other written law.
FORM D
FORM OF A FOREIGN CONTRACT OF SERVICE
TANZANIA
THE EMPLOYMENT (CONTRACTS OF SERVICE) REGULATIONS
(Front)
No. of Recruiting Licence ............................. Contract No. ............................ of year ........ |
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This Agreement is made in accordance with and subject to the provisions of the Employment Act, (hereinafter called the "the Act") at (state place where agreement is made) .............................................................. on the ......................... day of ......................... |
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1. Nature of Employment. Each of the employees shall be employed on the work set out opposite to his name in the twelfth column of the First Schedule. |
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2. Place of Employment. Each of the employees shall be employed at |
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3. Length of Employees' Service. (i) This agreement shall be for .................................... (state length of service) from .......................................... (state date or occasion upon which service commences). |
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(ii) The length of service set out in paragraph (i) of this clause shall not include days spent in travelling when the employee is repatriated at the termination of this agreement. |
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4. Wages. (i) The wages of each of the employees shall be paid by the ................... (week, calendar month or other period) at the rate shown opposite to his name in the tenth column of the First Schedule. |
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(ii) Each employee will/will not be entitled to ..................................... 1 (any/full/half/other fraction) pay from the time of attestation until the date of departure from Tanzania and/or 2 .......................................... (3 any/full/half/other fraction) pay from the date of departure from Tanzania until the date of arrival at the place of employment. Thereafter full pay will be paid. |
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(iii) At the completion of this agreement each employee 4 will/will not be entitled to ................................................ ( 5 any/full/half/other fraction) pay from the date of the completion of the contract until the date of arrival in the country 6 and/or ............................... |
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8 5. Method of Payment of Wages. (i) The wages of each of the employees Nos. ................................................................. |
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(ii) In the case of employees Nos. .......................................................................... per |
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9 (i) Each of the employees Nos. ...................................................... will be provided with adequate living accommodation and cooking utensils by the employer. |
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(ii) No living accommodation or cooking utensils will be provided by the employer in the case of employees Nos. ....................................................... |
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10 (i) Each employee Nos. .............................................. may be accompanied to the place |
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(ii) The members of his family set out in the Second Schedule opposite to his names of employees Nos. ........................................................ will be housed by the employer with |
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(iii) The employees Nos. ...................................................... may not be accompanied by |
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11 8. Transport to the place of employment and rations during the journey. (i) Free transport and free rations will be provided for each employee and the members of his family set out in the Second Schedule from the place where this agreement is made to the place of employment. |
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(ii) No transport or rations will be provided for the employees or the members of their respective families set out in the Second Schedule from the place where this engagement is made to the place of employment. |
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12 9. Rations. (i) The employer will provide the employees Nos. ........................................................... |
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(ii) The employer will provide the members of the families of employees Nos. .................... |
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(iii) In the case of employees Nos. ............................................................. the rate of |
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13 (i) The employer will provide each employee free of charge with ..................................... |
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(ii) No blankets or clothing will be provided by the employer. |
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11. Medical Attention. The employer will provide free medical attention and hospital treatment for the employees and the members of their respective families specified in the Second Schedule. |
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12. Deaths, etc. The employer shall report all deaths, desertions, or other casualties to the administrative officer of the district of engagement, and shall remit any moneys due to deceased employees to such administrative officer for payment to relatives. |
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13. Termination of Contract. The conditions under which this agreement is subject to termination shall be determined by the law of the country of employment. |
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14. Repatriation. (i) Each employee binds himself to allow the employer to repatriate him on the termination of this agreement. |
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(ii) The employer binds himself to repatriate each employee free of charge on the termination of this agreement to the place where this agreement is made. |
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(iii) The employer binds himself to repatriate free of charge the members of the families set out in the Second Schedule together with such employees. |
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(iv) Free rations on the scale aforesaid will be provided for each employee and the members of his family set out in the Second Schedule from the date this agreement terminates until the date of repatriation. |
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15. Additional Terms of Agreement: .......................................................................... |
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................................................... | ................................................... |
Date................................................... |
FORM D
(Reverse)
I hereby certify that I have examined the above-named employees and, with the exception of those men whose names I have deleted, they are physically fit to proceed to ............................................................................................ and there to perform the work contemplated under this contract, the number of men so passed being 14 ............................. |
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Date .......................................... 20........ |
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................................................. |
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I hereby certify that I have read over and explained this contract to all the employees concerned, and that they, with full understanding of the meaning of the contract, have individually and voluntarily assented; and that each of them has declared that he is not bound by any previous engagement inconsistent with this engagement. |
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................................................................................... |
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................................................... |
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Designation ................................................ |
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Place of attestation ..................................... |
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District of attestation ................................... |
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Date .............................................. 20........ |
FIRST SCHEDULE
LIST OF EMPLOYEES
(Regulation 5, Form D, Clause 1)
1 | 2 | 3 | 4 | 5 | 6 |
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No. on list | Name of Employee | Father's Name | Tribe | Village | District of Domicile |
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7 | 8 | 9 | 10 | 11 | 12 |
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Rate of pay | Medical Grade | Nature of work | Signature or thumb or finger impression |
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SECOND SCHEDULE
LIST OF MEMBERS OF THE FAMILIES OF EMPLOYEES ACCOMPANYING THEM
TO THE PLACE OF EMPLOYMENT
(Regulation 5, Form D, Clause 7)
Name of Employee | No. on Attestation List | Names of Members of Family |
FORM E
FORM OF BOND FOR FOREIGN CONTRACT OF SERVICE
TANZANIA
THE EMPLOYMENT (CONTRACTS OF SERVICE) REGULATIONS
(Regulation 6)
Know all men by these presents that we (name and address of employer and sureties) |
Dated this ......................... day of ......................... 20........ |
The condition of the above written bond is such that if the above bounden ................... (employer) his executors and administrators should observe and perform all their obligations under a contract of service dated the ......................... day of ......................... 20........ whereby the said ............................................................................................. (employer) engaged certain employees for service in ............................................... (state place) and under the Employment Act, and any regulations made under the Act in connection with the said contract, then the above written bond shall be void but otherwise shall remain in full force. |
Signature of Employer .................................................. |
.................................................. |
.................................................. |
(Section 158)
G.N. No. 10 of 1957
1. Title and construction
(1) These Regulations may be cited as the Employment (Protection of Wages) Regulations.
(2) The expressions used in these Regulations shall have the meaning respectively assigned to them in the Employment Act (hereinafter referred to as "the Act").
2. Records to be kept by employers
(1) This regulation shall not apply to employers of domestic servants only, other than domestic servants employed in hotels, clubs, schools, hospitals or like institutions, nor to employers of less than ten employees.
(2) Every employer to whom this regulation applies shall keep records or books concerning his employees containing sufficient information to form a full record of the employee and of the terms and conditions of his employment and shall keep in English or Kiswahili a nominal roll in respect of his employees in which provision shall be made for the recording of each employees attendance for work or absence due to incapacity, holiday or other reason and the wages paid to and the nature of the work performed by each employee, and which shall contain the following particulars–
HEADING:
Name of employer, month and year
COLUMNAR:
Name and father's name of employee
Tribe
Nature of employment
Day of month (column for each day)
Number of days worked
Type of contract
Rate of wages, and whether with or without rations
Bonus or Allowance
Value of rations, or cash allowance in lieu
Amount earned
Advances
Deductions
Net amount due
Amount paid
Remarks
Signature of employer or his representative
3. Limitation and recovery of advances of wages
(1) No advance of wages shall be made to any employee at the time of his engagement by an employer or recruiter or any person on behalf of such employer or recruiter exceeding in amount one half of any monthly, fortnightly, weekly, daily or other wage payable to the employee under his contract of service together with an amount equal to the tax or rate payable by the employee under the Local Government (District Authorities Act *, the Urban Authorities (Rating) Act * or the Income Tax Act *.
(2) Where an advance has been made to any employee under the provisions of subregulation 1 of this regulation such advances may be recovered by the employer by deductions from the wages of his employee by one or more instalments:
Provided that no such instalment shall exceed one-third of the monthly, fortnightly, weekly, daily or other wage payable to an employee.
4. Deposits
Where under section 46 of the Act the Labour Commissioner has given sanction to the deposit of wages due to an employee or where an employer receives for safe keeping any sums of money from an employee, the employer shall issue a receipt in writing for such money to the employee on each occasion upon which such a deposit is made or such sum of money is received and shall maintain a separate account for each employee together with a book or ledger containing the following particulars–
Name and father's name of employee
Tribe
Village
District
Amount of deposit
Date of deposit
Amount of withdrawal
Date of withdrawal
Balance due.
5. Form of bond to secure repayments of deposits made by employees
The bond to be entered into by an employer if so required by the Labour Commissioner under the provisions of section 46 of the Act shall be in the form set out in the Schedule to these Regulations.
6. Deductions for losses, etc.
(1) Where an employee admits that any tool, material or other thing which is the property of his employer has been lost or damaged by reason of his own default or neglect, the employer may deduct from the wages due to such employee–
(a) where such tool, material or thing is lost, a sum equal to the value or a sum equivalent to one day's pay whichever is the less; and
(b) where such tool, material or thing is damaged, a sum equal to the amount whereby the value has decreased by reason of such damaged or a sum equivalent to one day's pay whichever is the less.
(2) Where an employer makes a deduction under the provisions of this regulation he shall make a record which shall contain the name and description of the employee, his rate of pay, the sum deducted and the reasons for such deduction.
7. Penalty
Any employer who fails to give such receipts or keep such records as are prescribed in these Regulations or who wilfully gives a false receipt or makes a false record or fails to repay deposits commits an offence, and on conviction is liable to a fine not exceeding two thousand shillings and in the case of a third and subsequent offence against the same provision to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
SCHEDULE
FORM OF BOND TO SECURE REPAYMENT OF DEPOSITS MADE BY EMPLOYEES
THE EMPLOYMENT (PROTECTION OF WAGES) REGULATIONS
(Regulation 5)
Know all men by these presents that we ....................................................................... |
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Dated this ......................... day of ......................... 20........ |
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The condition of the above written bond is such that if the above bounden ......................... |
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Signed by the above-named (employer and sureties) in the presence of ................................................................................................................................... |
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............................................................... |
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................................................................ |
{/mprestriction}