Uganda - Suspension, Revocation of Recruitment Agency License

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Procedure

Apply In-Person

1. An application for a suspension,revocation of recruitment agency License shall be made to the Authority in the form prescribed by the worker's Migrant laws as set by the Ordinance.
2. The Licensing authority may deem necessary to visit the recruitment agency to verify the relevancy and compliance with the set workers Migrant Laws standards of the Authority,if the Authority is not satisfied with the agency, may decide at any time to suspend or revoke the license of the agency if it is satisfied that a recruitment agency—
   • has ceased to carry on business;
   • has changed ownership and the owners have not been cleared by the Administration or the Internal Security Organization;
   • has, in the opinion of the Administration contravened the Regulations in a manner which is serious or persistent;
   • has transferred its license to another partnership or company;
3. The Authority shall suspend,revoke the recruitment agency License referred to in Act if the applicant withholds workers’ salaries or remittances without justifiable reasons;in respect of the requirements under the set Ordinance.
4. Submit the Revocation application a long with all the required documents
5. The Administration shall not suspend or cancel the license of a recruitment agency unless the Administration has given the recruitment agency an opportunity to be heard.
6. Where a license is suspended or cancelled, the Administration shall publish the suspension or cancellation in at least one widely circulating local newspaper.

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Required Documents

1. A copy of the financial status and history of the applicant
2. Competence and integrity of the proposed management;
3. The adequacy of the applicant’s capital structure
4. The List of directors and shareholders of the company.
5. A Copy of the directors, shareholders or employees criminal record
6. Any other document, which the Administration may regard as relevant to the application.
7. in the case of a newly incorporated company, that the company has to a document showing an account balance of not less than ten million Uganda shillings;
8. A copy of a verified financial statement.
9. Income tax returns for the preceding two years
10. Proof of international connections including websites and emails
11. Clearance of all members of the board of directors from the Criminal Investigation Department and other Government agencies.

Office Locations & Contacts

Ministry of Gender, Labour and Social Development - Head Office,
Plot 9 Lourdel Road.
Kampala, Uganda.
P.O. Box 7136,
Kampala, Uganda.
Tel: 041-4 347854, 041-4 347855; 041-4 343572
Fax: 041 256374;
E-Mail: ps@mglsd.go.ug
Website: Link

Eligibility

It is Eligible If the recruitment agency —

• has ceased to carry on business;
• has changed ownership and the owners have not been cleared by the Administration or the Internal Security Organization;
• has, in the opinion of the Administration contravened the Regulations in a manner which is serious or persistent;
• has transferred its license to another partnership or company;
• is charging, imposing or accepting directly or indirectly any amount of money, goods and services, or any fee or bond for any purpose whatsoever before employment is obtained for an applicant worker or where the fee charged is excessive or contrary to what is prescribed by the Administration;
• Is engaging in acts of misrepresentation, in relation to recruitment and placement of workers, such as publication or advertisement of deceptive notices or information or submission for processing of documents, which are fraudulent or containing false information;
• is inducing or attempting to induce an already employed worker to transfer from or leave his or her employment for another employment unless the transfer is designed to relieve the worker from oppressive terms and conditions of employment;
• is influencing or attempting to influence any person or entity not to employ any worker who has applied for employment through his or her agency;
• is obstructing or attempting to obstruct inspection by the Administration or its duly authorized representatives;
• is substituting or altering employment contracts and other documents approved and verified by the Administration from the time of actual signing between parties up to the period of expiration of the same without the Administration's approval;
• has failed to file reports as may be required by the Administration;
• is unreasonably withholding or denying travel or other pertinent documents from workers for monetary consideration or reasons other than those under the Code and its implementation rules and regulations:
• is engaging in recruitment activities in places other than those specified in the licence without prior approval from the Administration;
• is appointing or designating agents, representatives or employees without prior approval from the Administration;
• is falsifying or altering travel documents and deploying workers whose employment and travel documents were not processed by the Administration;
• is publishing or causing the publication of overseas job vacancies in violation of the prescribed rules;
• has failed to deploy workers within the prescribed period without valid reason;(r)is disregarding lawful orders, notices and other processes issued by the Administration;
• is coercing workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers;
• is withholding workers’ salaries or remittances without justifiable reasons;
• is violating these Regulations, other relevant laws and regulations, guidelines and other issuances on recruitment and placement of workers for overseas employment and the protection of their welfare; and
• is violating the conditions of License;
• is engaging in acts of misrepresentation for the purpose of securing a license or renewal of the license;
• is engaging in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of Uganda;
• has incurred and accumulated three counts of suspension based on final and executory orders within the validity period of its license; and
• is committing any other acts similar or analogous to the foregoing.

Fees

Explain the fees structure which is required for obtaining the certificate/document.

Validity

• Valid until the issue is resolved

Documents to Use

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Sample Documents

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Processing Time

• Processing takes 21 working days or less.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• All Companies must register with Administration, and be familiar with the rules relating to the Recruitment Agency.

Required Information

• A copy of its Articles of Association
• A copy of the Regulation for investment Authority.
• A copy of its memorandum of association and Articles of Association;
• A copy of the identity card
• A copy of the certificate evidencing the recruitment Agency investor status and his recent two passport size photographs;
• A photocopies of the memorandum of association and Articles of Association;

Need for the Document

In accordance with the constitution of Uganda 2005,of employment (recruitment of Ugandan Workers Abroad article 59 of the Constitution of Uganda, Section 23 of WORKERS MIGRANT ACT No. 20 of 2005, it is an offense for any person to engage in the Workers Recruitment service unless such a person is License by the Authority.

Information which might help

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

• External Link

Others

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