THE arrest of three people in Mufulira recently for swindling job seekers out of K760,000 just shows how some individuals have taken advantage of unemployed people.
It is sad that one of the swindlers was a woman who participated in cheating 400 people on the pretext that they would be helped to secure employment as registration officers in the mobile issuance of national registration cards.
According to the Copperbelt commissioner of police Joyce Kasosa, two of the suspects are retired Government workers while one is still in (Government) service.
This is not a new development. Some readers will remember that not long ago, the Zambia Police Service, in collaboration with the International Police, investigated an Internet-related crime in which about 30 Zambians were swindled out of millions of Kwacha by a United States of America (USA)-based organisation that promised to recruit them for ‘lucrative’ jobs.
The Zambians were told to pay about K3 million (unrebased) each for the processing of papers to work in the USA through a focal person in Lusaka.
One of the affected people said they were asked to submit the necessary documents so that their ‘work permits’ could be processed.
The unfortunate thing is that the so-called focal point person vanished alongside the employment agents in the USA.
This should be a lesson for people looking for employment not to gamble with their money, especially when they are not convinced about the credibility of those they are dealing with.
The Employment Act (Chapter 268 of the Laws of Zambia) is clear about who qualifies to be an employment agent.
Part VIII of the Act states that a person shall not operate or cause to be operated any employment agency except under licence from the Labour Commissioner.
An application for the grant or renewal of a licence shall be made to the Labour Commissioner in such form as may be prescribed and the Labour Commissioner may, on receipt of such application, grant or renew a licence subject to such terms and conditions as he or she may consider necessary.
On receipt of an application to grant or renew a licence, the Labour Commissioner may, in his or her discretion, either grant or renew or refuse to grant or renew the licence and may suspend or cancel any licence issued under this section.
Provided that the Labour Commissioner shall inform the person whose application for the grant or renewal of a licence is to be granted subject to such terms and conditions as he or she may consider necessary, of the reason for the imposition of such terms and conditions.
Any person who, being an applicant for the grant or renewal of a licence, is aggrieved by the decision of the Labour Commissioner, or being the holder of a licence, is aggrieved by any suspension or cancellation thereof, may, within 30 days of being notified of the Labour Commissioner’s decision, appeal to the court and the court, in deciding the appeal, shall have and may exercise the same powers and discretions as the Labour Commissioner.
A licence issued under the provisions of this section shall continue in force until the 31st December next following the date of issue thereof.
Upon making an application for the grant or renewal of a licence, the applicant shall pay such fee as may be prescribed and such fee shall accompany the application.
Provided that where a licence is granted in respect of any period after the 30th June in any year the fee in respect of such licence shall be one-half of the fee so prescribed.
Where it is shown to the satisfaction of the Labour Commissioner that a licence already issued has been lost or destroyed, the Labour Commissioner shall, subject to the provisions of section 58, and upon payment of a fee of 15 fee units, issue a duplicate of such licence to the licence holder.
An employment agency shall charge a prospective employer such fees as may be agreed between them.
The employment agency shall not charge the prospective employee for any services rendered. Any person who contravenes the provisions of sub-section (2) shall be guilty of an offence.
Every employment agency shall keep or cause to be kept such registers and records and shall submit to the Labour Commissioner such returns as may be prescribed.
Any employment agency knowingly deceiving any person by giving false information, or making or causing to be made or knowingly allowing to be made any register, record or return which is false in any material particular, shall be guilty of an offence.
Any person operating as an employment agency except under licence from the Labour Commissioner shall be guilty of an offence.
Similarly, any person who engages in or assists a person engaged in recruiting persons as an employment agency without a licence shall be guilty of an offence and on conviction shall be liable to a fine not exceeding 5, 000 penalty units or to imprisonment for a period not exceeding two years, or to both.
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I will conclude this week’s column by stating when written notices on factories should be submitted to the Department of Occupational Health and Safety Services.
•    Prior to commencement of construction works;
•    When submitting periodical returns of persons employed in an establishment as determined by inspectors; and
•    When occupational accidents that cause death or prevent an employee from work for a period of three days occur.
What should employers do in case of dangerous occurrences?
Dangerous occurrences such as explosion of a boiler or collapse of a crane should be reported on the same prescribed form as used for ordinary occupational accidents.
What type of machinery or equipment should be tested and examined by the department?
•    Pressure vessels including steam boilers, steam receivers and air receivers; and
•    Lifting machinery including hoists, lifts, cranes, lifts for carrying people, chains and ropes.
What are the duties of medical practitioners under the Factories Act?
Any medical practitioner attending to a patient who he/she believes to be suffering from any industrial diseases as listed in the second schedule to the Act will be required to report the matter to an inspector. Any doctor who fails to submit any such report is liable to a fine.
What records should be kept by an employer?
•    Certificate of registration of a factory
•    General register for factories;
•    Register of chains, ropes, lifting tackle and other lifting machines;
•    Abstract of the Act Poster;
•    Treatment for electric shock poster; and
•    Boiler book.
What are the general duties of factory owners?
•    To ensure the whole establishment is safe for people to work in;
•    To provide personal protective equipment and clothing;
•    To provide competent persons to carry out specific tasks;
•    To provide supervision and training to workers;
•    To report industrial accidents to relevant authorities; and
•    To provide first aid facilities.
What are the duties of employed persons?
Employed persons must look after their own safety and health at work, take care of the safety and health of others, cooperate with their employer and not misuse or interfere with anything provided for health and safety purposes.
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