In recent weeks, the operations of employment agencies have been in the news. The Employment Agencies Regulations act (hereinafter called 'the act') governs the operations of these employment agencies. The act defines employment agencies as: "Any agency or registry in the Island carried on or represented as being or intended to be carried on for or in connection with the employment of persons in any capacity." In short, these are agencies which find jobs for people both in Jamaica or abroad, for a fee.

The act is clear and at section 4, it provides that "It shall not be lawful for any person to carry on an employment agency without a licence from the Licensing Officer authorising him to do so." The penalty for a breach of this section, if found guilty in a resident magistrate's court on summary conviction, is 12 months with or without hard labour or to a fine not exceeding $400,000. The act also makes provision for additional fines to be imposed, per day, if the offence is continued after conviction. It is also important to note that where a company is guilty of operating without a licence, every director, manager or officer of the company who is knowingly a party to the breach shall be liable to the penalties mentioned above.

In order to ensure that these agencies, after receipt of their licences, abide by the provisions of the act, the minister may appoint persons as inspectors of employment agencies for the purpose of investigating complaints and to ensure that the provisions of the act are observed. These inspectors have wide powers and may enter and examine the premises that the agency is operating, request persons on the premises to produce for examination any books, vouchers and other information, make copies of the said books, voucher or other documents and put questions to any person on the compound concerning the operations of the agency. After the inspection, the inspectors are required to make a report to the Licensing Officer.

Persons who receive a licence under this act shall exhibit in a conspicuous place on the premises, the licence and a copy of the regulations in force under the act.

To ensure probity and proper accounting of money received, the act provides that the accounts of every employment agency must be audited annually by an auditor selected by the proprietor of the agency and approved by the minister.

From the above, it is clear that there are enough provisions in law to regulate these agencies. Whether are not the agencies are monitored sufficiently is another matter. Anyone in doubt must report the matter to the relevant authority for investigation and for the appropriate action to be taken.

Keith N. Bishop is an Attorney-at-Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com.