International labour migration has become very important, especially in the context of globalization, contributing positively to the economies of both sending as well as receiving or host countries. This importance has led to both countries and international agencies, like the International Labour Organisation (ILO) and the International Organisation for Migration (IOM), making efforts to ensure orderly, open and legal labour migration and to encourage practices which recognize and protect labour migrants. Nevertheless, challenges remain, including intolerance, discrimination and smuggling and trafficking of persons through international labour migration.

Globally, Private Employment Agencies (PEAs) have played and continue to play significant roles in facilitating international labour migration. In Kenya, PEAs have taken the challenge of identifying skill shortages, both locally and in the international job markets, and enabled Kenyans access employment. The PEAs have, however, faced numerous challenges related to obtaining decent work, placing qualified applicants on job offers, negotiating better conditions of employment, following up on labour migrants to ensure compliance with contractual provisions, infiltration by unscrupulous agencies engaged in unethical recruitment practices, and knowledge and application of national and international standards and best practices.  PEAs in Kenya have, through their organisation, the Kenya Association of Private Employment Agencies (KAPEA), decided to develop a Code in order to meet some of these challenges, and in the spirit of self-regulation.

This Code of Conduct is the result of the efforts of the members of KAPEA, with the support of other stakeholders in international labour migration. It is intended to serve as the ethical foundation for the members of KAPEA, in particular, and PEAs in general.

KAPEA is an organisation whose membership is open to lawfully established PEAs, whether operating locally or internationally.

WE, the members of the Kenya Association of Private Employment Agencies (KAPEA), NOW ADOPT this Code of Conduct, ACCEPT TO BE BOUND by its provisions as the ethical foundation of the practice of private employment agency in Kenya, and UNDERTAKE TO POPULARISE AND IMPLEMENT the same in our relationship with each other and other PEAs, jobseekers, employers and other stakeholders.

The main objective of this Code is to promote high standards and professionalism in the provision of services by PEAs in general, and in their dealings with jobseekers, employers, fellow PEAs and other stakeholders.

1. This Code forms an integral part of the Constitution, and is binding on all the members, of KAPEA.
2. PEAs which are not members of KAPEA are encouraged to abide by the provisions of this Code.
3. Members of KAPEA shall uphold the values of, and ensure compliance with, the provisions of the Code, and take reasonable measures to encourage compliance by their employees, jobseekers, employers and other parties. 

Compliance with legal and basic business requirements

• Members shall ensure that they comply with all the legal requirements as to registration, accreditation, licensing, filing of returns and reports and taxation and any others demanded by legislation or any state authority.
• Members shall adhere to any guidelines provided by state authorities which are intended to streamline or professionalize provision of employment services.
• Members shall have a physical address and establish offices of reasonable standards with furniture, information technology, and communication and other facilities necessary for the running of a business enterprise of the type run by PEAs.
• Members shall ensure that there is adequate documentation of all their activities and transactions in relation to provision of employment services.
• Members shall keep a register containing particulars of jobseekers including:

• Name, address, age, gender and qualifications;
• Type of work the person is looking for;
• Dates of registration;
• Any payments made and the reasons and date of such payment;
• Any other relevant information.

• Members shall keep a register containing particulars of each person placed in employment including:
  
  
• Name, address, age, gender, qualifications and any other relevant details of the person placed;
• Employer’s name and address;
• Type of work the person will do for the employer;
• Starting date and period of contract;
• Any relevant information received during follow-up;
• Date of return or repatriation;
• Any information obtained on return or repatriation which is considered relevant;
• Any other relevant information.
• Members shall ensure that there is no false entry into the register.

Integrity and professionalism

Members shall at all times and in all their activities observe the principles of integrity, ethical behaviour and equity and social responsibility generally, and work diligently, maintain the highest level of professionalism and conduct their businesses in a manner designed to enhance the operations, image and reputation of KAPEA and its members, and PEAs generally.

Knowledge and application of national policies, laws and best practices

Members shall endeavour to have reasonably functional  knowledge of national policies, legislation, rules and regulations, standards and best practices concerning recruitment, placement and repatriation of migrant workers, including those relating to terms and conditions of employment.

Knowledge and application of international Conventions, standards and best practices

  Members shall endeavour to have reasonably functional knowledge of international Conventions, standards and best practices concerning recruitment, placement and repatriation of migrant workers (including those relating to terms and conditions of employment), some of which are:

• ILO Convention No.96 on Fee Charging Agencies;
• ILO Convention on Migration for Employment Convention No. 97, 1949;
• ILO Convention No.181 on Private Employment Agents.

Non-discrimination and gender-sensitivity

• Members shall apply the principle of non-discrimination in their dealings with jobseekers, employers and other persons.
• Members shall, nevertheless, recognise the inequities and inequalities which exist in society between men and women and seek to address conditions which give rise to these.

Anti-trafficking and prevention of unethical employment of children and persons with disability

• Members undertake not to knowingly, carelessly or recklessly engage in illegal, wrongful or unethical recruitment of jobseekers.
• Members undertake to do all that is reasonably within their power to prevent, expose, and disclose to the relevant state authorities, any incidences of smuggling and trafficking of persons, and misuse of labour, particularly female labour, through labour migration.
• Members undertake to do all that is reasonably within their power to prevent, expose, and disclose to the relevant state authorities, any illegal, wrongful or unethical employment of children and persons with disability through labour migration.

Efficient provision of services

Members shall provide services in an efficient and timely manner.

• Members shall honestly and professionally deal with other members of the Association and PEAs.
• Members shall not engage in actions that may unfairly or unlawfully interfere in work relationships established by other members and PEAs.
• Members shall in their dealings with all other members and PEAs, treat with respect and aim to work in a fair, open and competitive manner.
• Members shall establish practices that safeguard against unlawful or unethical discrimination in the operation of their business.

• Members shall adhere to the principles of truth in advertising and shall only advertise positions, through any reasonably acceptable medium, for which they have documented permission to recruit by the employer/principal.
• In particular, members shall not engage in, cause to be done or allow any advertisement which is contrary to the spirit or any provision of this Code, especially deceptive and deliberate misrepresentation of the number and nature of jobs and the terms and conditions of employment.
• Members shall not act on any instructions from a principal or employer which are discriminatory and shall, wherever possible, provide guidance to clients or employers in respect of good diversity practices.

1. Members shall:

1. Treat all jobseekers with dignity and respect and equitably in the provision of employment opportunities;
2. Act diligently in assessing risks to jobseekers and not knowingly, carelessly or recklessly put jobseekers at risk with regard to health, safety and general conditions of work;
3. Supply Jobseekers with full details of the work, conditions of employment, nature of work to be undertaken, and pay arrangements in accordance with contracts; any variation to the engagement can only occur with prior notification;
4. Supply all Jobseekers intended for foreign employment with the pre-departure information on the destination countries;
5. Make a follow up on jobseekers in the destination country and Endeavour to ensure that the terms and conditions of work and work environment have not been altered to the detriment of the migrant worker;
6. Endeavour to provide repatriation services to migrant workers and enquire from them their experiences during employment as a way of establishing the nature of the terms, conditions and environment of work.

 

1. Members shall not:

• In the course of representing a jobseeker knowingly, carelessly or recklessly make false or inaccurate statements, fail to disclose a material fact, or make a representation as to future matters without having reasonable grounds for making it;
• Charge fees unless they are explicitly and fully disclosed to a jobseeker prior to the acceptance of an assignment or prior to any work being undertaken for a jobseeker;
• Undertake actions that may unfairly, wrongfully or unlawfully jeopardize a jobseeker’s employment opportunities or status;
• Attempt unfairly, wrongfully or unlawfully prevent a jobseeker from seeking work from other sources.

A member who breaches the provisions of this Code shall be dealt with as may be determined by the Disciplinary Committee provided for under the Constitution of KAPEA.