Here is an extract from Directive #1, issued 17 March 2023, by the Commissioner of Labour, Murielle Meltenoven that was issued to all licensees (Agents), Permit Holders (Direct Recruiters) and Migrant Workers (the Seasonal Workers) in the PALM and SWP Labour Mobility Programs. This part deals specifically with Team Leaders.
1.1 Team Leaders are not Licensees and are not permitted to undertake any worker recruitment activities. It is an offence under Section 5 of Seasonal Employment Act to operate without a valid licence. Only Licensed Agents and/or Direct Recruiters are pe1mitted to recruit under the following provisions of the Seasonal Employment Act [CAP 23] of 2007:
Offence of operating without a valid license
If a person carries on the business of a seasonal employment agent and is not the holder of a license, the person commits an offence and is liable of conviction:
(a) in the case of an individual- imprisonment for not more than 2 years or a fine not exceeding VT 2,000,000, or both;
or
(b) in the case of a body corporate – a fine not exceeding VT 5,000,000
1.2 Any Team Leader that breaches the above will be forthwith dealt with by Law
1.3 Only Licensees and Permit Holders have legitimacy to conduct recruitment activities under the Seasonal Employment Act [CAP 23] of 2007
1.4 Direct Approved Employers who are registered to participate in PALM and RSE Programs and are issued with a Pe1mit under Section 13 of the Seasonal Employment Act [Cap 23] of 2007 are prohibited to use any Team Leader to conduct their recruitment activities .LSU will facilitate recruitment activities for workers based on the recruitment criteria set by the Approved Employers and Approved Employers are encouraged to travel in-country to undertake recruitment activities where possible.
1.4 deals with employers who use the Direct Recruit models. What about those employers who choose to use an agent? Agents work closely with the employer and team leaders to create working teams. The team leader is not allowed to recruit under this directive, but is used by the agent in a consultatory manner for the make-up of his or her team.
Labour Mobility Agents Inc recognises the strong relationships between employers, farm staff and their agents, and while that model has proven success, it strongly encourages employers to follow the above directive and liaise closely with their agent on workable models that remain complaint with Vanuatu Government directives. It would be sad if team leaders were caught in a legal position that disqualified them from further engagement.