Foreign Contracts of Service/Attestation

Foreign contract attestation is a service provided by the Department of Labour. It refers to the authentication of a Foreign Job Contract by a Labour Officer before travel to the country of employment. Kenyans seeking for employment in foreign countries are required to have their employment contracts authenticated (attestation) by a Labour officer before travel to take up the appointment.

WHY UNDERTAKE ATTESTATION

The requirements apply to foreign contract of service because the Government wants to ensure that a person sent to work outside the country is well taken of and will be immediately evacuated to Kenya in case of emergencies.

The legal provisions exist to protect the employee/Migrant worker from abuse and exploitation while outside the country. The Labour attaché is mandated to provide assistance to the migrant worker.

ROLE OF THE LABOUR OFFICER IN ATTESTATION

To ensure: -

• That the consent of the employee to the contract has been obtained
• That there is no fraud, coercion or undue influence, and any mistake of fact, or misrepresentation which might have induced the employee to enter into the contract;
• That the contract is in the prescribed form
• That the terms and conditions of employment contained in the contract comply with the provisions of the employment Act and have been understood by the employee
• That the employee is medically fit for the performance of his duties under the contract
• That the employee is not bound to serve under any other contract of service during the period provided in the foreign contract

The Labour Officer will only attest the contract if he is satisfied that the terms and conditions of employment contained in the contract comply with Section 83 of the Employment Act 2007 and other Labour Laws.

That the employee understands what is in the employment contract and the need for the contract to be signed by the employee.

REQUIREMENTS BY THE MIGRANT WORKER DURING ATTESTATION

The Migrant worker is required to produce the following: -

• Dully filled prescribed Forms
• Form of Foreign Contract of Service –LD21
• Bond form-The employer is required to give the Government of Kenya security by way of a bond.
• The purpose of the bond is to ensure that the Government can hold the employer liable in case of breach of the contract.
• Attestation Details
• List of Employees terms and Conditions of Employment
• Medical Certificate- Confirming that they are medically fit to perform their duties under the contract.
• The employment Contract of a domestic worker Migrating to Saudi Arabia is generated through the MUSANED.

The offer letter of a migrant worker migrating to work in Qatar should be endorsed by the Labour attache to ensure that the job exist.

PENALTIES

A foreign contract of service that does not meet the above criteria is not attested by a labour officer. According to section 86 of the Employment Act 2007, it is a criminal offence punishable by a fine not exceeding ksh. 200,000/= or imprisonment for a team not exceeding six months or both, to send an employee to a foreign country without the employer and employee entering into a foreign contract of service.