The Employment (Amendment) Act, 2019 (National Assembly Bills NO. 79 OF 2019)

The Bill seeks to gives reprieve to job seekers by requiring employers to only ask for relevant clearance or compliance certificates “upon granting an offer of employment to a prospective employee.” Practice has often been that prospective employees were required to avail any such documentation during application process which was viewed as a hindrance to many job seekers particularly those targeting public sector jobs.

The Bill was signed into law by the President on 4^th April 2022.

A. The Amendment 

The amendment introduces new subsections to Section 9 of the Employment Act which deals with general provisions of contracts of service. The amendment introduces the following:

1. Employers shall only require and may request a prospective employee to submit any relevant clearance and compliance certificates that the employer may need upon extending an offer of employment.
2. Employer shall be entitled to withdraw any offers of employment/contract of service in an employee is unable to satisfy the requirement by producing any relevant clearances and compliance certificate.

B. Implication 

Employers should be keen to make request for any relevant clearance and compliance certificates upon granting an offer of employment to the prospective employees.]