Schedule., The Registration of Employees Ordinance

CERTIFICATE OF REGISTRATION. CHAPTER 213. REGISTRATION OF EMPLOYEES. An Ordinance to Provide for the Registration of Employees in Sierra Leone. (5TH JUNE, 1947.] 1. This Ordinance may be cited as the Registration of Employees Ordinance, and shall apply to the Colony and Protectorate. 2. In this Ordinance, unless the context otherwise requires- " employee " includes any artificer, journeyman, handicraftsman or other skilled industrial worker and any carrier, messenger, clerk, shop assistant, storekeeper, seaman, labourer, agricultural worker, domestic servant or apprentice, ...1 Registration of Employees [Cap. 213 and any person or class of persons gainfully employed or normally seeking a livelihood by gainful employment declared to be such by the Commissioner of Labour by notice published in the Gazette, except those persons exempted under the provisions of section ll ; " employer " means any person who has entered into a contract to engage any employee and includes any person or officer acting for that purpose on behalf of a local or public authority or of Her Majesty's Government; " registered employee " means any employee who has been registered under the provisions of this Ordinance; " the Commissioner " means the Commissioner of Labour; " registration officer " means such person or persons as may be deputed by the Commissioner of Labour to effect the registration of employees under this Ordinance, and shall include the Commissioner; " Central Employment Exchange " means the office of the Commissioner of Labour; " employment exchange " means any place where the registration of employees under this Ordinance is effected and includes the Central Employment Exchange; " registration certificate " means the certificate issued by or on behalf of the Commissioner of Labour to employees registered under this Ordinance. 3. In relation to any particular matter or class of matters Delegation or class of employees or to any area district or place the ~~!~::~ by Commissioner may, with the consent of the Governor, by missioner. . . d h" h d d l f hi d th 39 of 1952wntmg un er IS an e egate any o s powers un er e · provisions of this Ordinance (except this power of delegation and the power to make rules or to prescribe anything requiring to be prescribed) so that the delegated powers may be exercised by the delegates with respect to the matters or class of matters or class of employees specified in the area, district, or place specified in the instrument of delegation. 4. (1) Every person who, at the commencement of this ~bliga;t~on ~ Ordinance, is an employee within the meaning of the Ordinance 21 ~~g~~;~~ · shall, within a period specified by the Commissioner by notice in the Gazette, be registered in accordance with, and subject to the provisions of, this Ordinance and any rules made thereunder. Registration prior to employment. 39 of 1952. 24 of 1959. Certificates of registration. Identification of employees. (2) After the expiration of the period specified under sub-section (I) of this section, no employer shall employ any employee required to be registered unless he is so registered. 5. Any person seeking to become an employee shall, if not already registered under this Ordinance, apply for registration before obtaining such employment and, subject to the approval of a registration officer, shall be registered under this Ordinance. 6. The Commissioner shall cause to be issued to every person registered under this Ordinance a certificate of registration. Each certificate shall bear the number under which the person to whom it is issued is registered and shall be in the form prescribed in the Schedule to this Ordinance. 7. Every person upon presenting himself for registration shall- (a) furnish the following particulars of identity Name, Present Address, Permanent Address, Name and Address of nearest relative and relationship, Age, Occupation, and where the registered person is of Protectorate origin, the name of his- Chiefdom, District, Village, Tribe, Father and Mother; (b) permit prints of his fingers and thumbs to be recorded to the satisfaction of the Commissioner; (c) if so required by a registration officer, permit a recognisable photograph of himself to be taken; and (d) if so required by a registration officer, sign his name on the registration certificate before it is issued to him. Registration of Employees [Cap. 213 2231 8. Any person whose certificate of registration is mutilated, Renewal of certificates of defaced, lost or destroyed shall- registration. (1) immediately report the circumstances of the mutilation, defacement, loss or destruction to a registration officer who may issue to such person a temporary certificate valid for a period of fourteen days from the date of issue. (2) not later than the date of expiry of the temporary certificate, surrender such temporary certificate to the registration officer who may thereupon issue to such person a second certificate of registration. 9. On the issue of a second certificate to replace the one first issued, the person in respect of whom it is issued shall pay therefor a fee of one shilling and on the issue of any third or subsequent certificate to the same person, such person shall pay a fee of two shillings therefor: Provided that where the Commissioner is satisfied that the mutilation, loss, defacement or destruction of any certificate arose from legitimate usage or from circumstances bey0nd the control of the person to whom it was issued, a further certificate shall be issued without fee. 10. (1) Every person to whom a certificate of registration has been issued under this Ordinance shall, on demand made at any time by any duly authorised person, produce the certificate for examination, or shall, if he has been issued with a certificate of registration and such certificate is for the time being in the possession of his employer, inform such duly authorised person of the name and address of his employer. (2) For the purposes of this section a duly authorised person shall mean- (a) any registration officer; (b) any person authorised for the purpose in writing by the Commissioner, and whose name has been published in the Gazette as a person so authorised. 11. The following persons shall be exempted from the operation of the provisions of this Ordinance- (a) employees in receipt of remuneration at a rate exceeding two hundred pounds per annum; (b) such persons or classes of persons as the Governor may, by notice in the Gazette, declare to be exempt either generally or in respect of specified areas, districts or places. J<'ees for renewals. Production of certificates for examination. Persons exempted from registration. Returns from employers. Particulars of employ· ment. (2) Registration of employees in the Protectorate shall be effected in the same manner as registration of employees in the Colony is effected. (3) Where the Commissioner has published any notice in accordance with sub-section (1) of this section, he may at any time before the expiration of the period specified in the notice by Order published in the Gazette, require all employees who are required to register to present themselves for registration in such manner, at such place or places and within such time, as may be specified in the Order. 12. Every employer employing s1x or more employees whether such employees are registered or not, shall, on or before the 20th day of each month, render to the Commissioner a return in such form as the Governor n;.ay from time to time prescribe, setting out in categories the persons employed by him, together with the number of persons employed in each such category, on the last working day of the preceding month. 13. (1) Every registered employee to whom a certi.fi.cate of registration has been issued under this Ordinance shall, immediately on entering the employment of any other person for a period exceeding one day and again immediately prior to leaving such employment, deliver to his employer his certificate of registration for the purpose of having the particulars of his employment entered thereon as hereinafter provided. (2) Every employer of an employee to whom a certificate of registration has been issued under this Ordinance shall, on commencement of the employment, forthwith demand such person's certificate of registration and shall enter thereon in blue or black ink the following particulars, narnely- (i) employer's name and address, (ii) date of commencing employment, (iii) nature of the employment, and (iv) the remuneration to be paid, and on termination of the employment the employer shall again demand such person'::; certificate of registration and enter thereon the following particulars-- (i) the date the employment is terminated, and (ii) the remuneration paid at the date of termination of employment, and shall sign the certificate in the place provided. Registration of Employees [Cap. 213 14. The Commissioner, with the approval of the Governor in Council, may make rules-- (a) authorising the establishment of employment exchanges at which employees may attend for registration; (b) prescribing such further duties of registered employees and of the employers of such employees as may be deemed expedient by the Commissioner for the maintenance of proper records in respect of registered persons and their employment; (c) generally for giving effect to the objects of this Ordinance. 15. Any person who with intent to deceive-- (a) forges or uses a forged certificate or lends to or allows to be used by any other person any certificate issued under the provisions of this Ordinance or gives any false particulars; or (b) makes or has in his possession any document so elosely resembling any certificate issued under the provisions of this Ordinance as to be calculated to deceive, shall be liable, on summary conviction, to a fine of fifty pounds or to imprisonment for six months or to both such fine and imprisonment. Power of Commis· sioner to make rules. l<'orged certificates. 16. Any person who- - Offenceo. (a) registers or attempts to register more than mwe under this Ordinance without informing the Commissioner of his previous registration and without either surrendering his certificate of registration to the Commissioner or accounting for its absence to the satisfaction of such officer; or (b) wilfully or maliciously mutilates any certificate of registration issued under this Ordinance or makes any entry or writing upon such certificate except as provided under this Ordinance; or (c) with intent to deceive furnishes false particulars of identity to a Registration Officer or enters false particulars of employment in a registration certificate, knowing the same to be false; or (d) contravenes or fails to comply with any of the provisions of this Ordinance for which no special penalty is provided or of any rule or order made thereunder, shall be guilty of an offence and shall be liable, on summary conviction, to a fine of ten pounds or to imprisonment for three months or to both such fine and imprisonment. Provision as to offences. Section 6. 17. In any prosecution under the provisions of this Ordinance it shall be a defence for the person charged to prove that he was prevented from complying with the relevant provisions by circumstances beyond his control.