A BILL FOR. Incidental Matters

Transcription

1 (SB. ) A BILL C000 FOR AN ACT TO PROVIDE FOR THE EMPLOYMENT OF CORPS MEMBER IN PUBLIC AND PRIVATE ORGANISATIONS AND TO PROVIDE INCENTIVES FOR EMPLOYERS WITH A VIEW TO AMELIORATING THE PROBLEMS OF UNEMPLOYMENT OF CORPS MEMBERS 0 Sponsored by Senator Abiola A. Ajimobi [ ] Be it Enacted by the National Assembly of the Federal Republic of Nigeria as follows Part I Application by Employers of Labour for the Services of Corps Member and Incidental Matters. Without prejudice to the provisions of the NYSC Decree and in particular Section Subsections () () () () thereof, dealing with the deployment of corps member whenever a written application is made to the directorate (established under the Decree) by any Organisation requesting the services of corps member, such an application shall constitutes an offer of employment.. () The directorate will deploy member to the Organisation and subject to Subsection () the member so deployed shall, upon completion of the service be absorbed in the employment of the Organisation such that the employment commences from the year immediately after the service year. () In the event that the services of the member is not satisfactory, the Organisation shall, before the end of six months of the service preservation year; notify the directorate in writing Provided that the offer shall not abate or be discharged by reason of the notice. () Upon receipt of the notice, the directorate will, after the service year, deploy another member of the service corps to the organisation.. () Where in the event that the services of the member is still not Commencement. Application for corps member; offer of employment. Deployment of corps member and employment. Notice of dissatisfaction and of offer. Deployment of another Corps member. Second notice of dissatisfaction.

2 Deployment of corps member after completion of service. Rules and regulations of the organisation National Youth Service Corps (Employment and Incidental Matters) satisfactory, the provisions of section subsection () and the proviso there to shall apply. () The directorate will, on receipt of the notice and after the service year, deploy to the Organisation a member who has completed the service. () The rules and regulations of the Organisation shall thereafter govern the relationship between the member so deployed and the Organisation. Part II Offer of Incentives and Incidental Matters. The provisions of this part shall apply and bind all establishments, departments, corporations (statutory or otherwise), agencies or parastatals (whether of government or otherwise), Ministries, Inter Ministerial Departments, Customs and Excise, Immigration, Corporate Affairs Commission and all Commissions of Government, Board or Bureau of Public and Private Enterprises and apply to all projects and undertakings whether of government or otherwise.. () Subject to Subsections () and (), the Organisation shall, under any law and upon the recommendation of the directorate qualify for such incentive as may enhance its business, operation, objects or undertaking Provided that an Organisation shall not earn such recommendation unless it has a minimum of five corps members in continuous employment within the period of assessment. () The period of assessment for the purpose of Subsection () shall be ten years. Part III Certificate of Satisfaction and Type of Incentive. () A certificate of satisfaction under the hand of the Minister will be issued to the Organisation in form A with the appendix on the reverse side which shall be conclusive proof of satisfaction with the policy of employment of corps member by the Organisation under this Act. () A certificate of satisfaction shall be a conqueror A white paper with green colour stripes on both edges and shall carry a red seal with the signature of the Minister at the bottom.

3 0 0 0 () The certificate shall contain concise and terse statement of satisfaction with the policy of the Organisation in its employment of corps members.. () Upon production of the certificate and subject to the provisions of any enabling laws in that behalf, the organization shall be entitle in the first line category for consideration in any award, tender, foreign exchange, contract, patronage, expatriate quota et cetera. () Where there are two or more organisations on the first line category for consideration, the department or agency shall accord consideration to such organization with highest number of corps member in its employment: Provided that where there are two or more organisations with equal number of corps member, consideration shall be accorded such organisation with the highest number of serving corps member and in any other case, the decision of the establishment shall prevail.. () subject to the provisions of any enabling laws, in that behalf, the certificate will entitle the organisation to 0% rebate on all charges and shall include tax on returns, duties, carriage, stock, mining and securities, exchange, charges and debentures. () The certificate shall be valid for one transaction only and where a consideration or incentive is accorded therefore shall abate.. () The provisions of part II and this part shall apply equally to any organisation which retains corps member after the service year whether or not it initially applied for the corps member. 0. () Where the organisation is favourably considered the secretary of the establishment shall endorse the certificate on the reverse side with statement as in Appendix A Form A that the organisation was accorded consideration and award or that the organisation was accorded 0% incentive (as the case may be) with signature and date.. ()The establishment shall forward a copy of the certificate bearing the endorsement to the directorate. () The directorate shall endorse on the reverse side of the certificate a

4 C No National Youth Service Corps (Employment and Incidental Matters) statement as in appendix B form A that the certificate is therefore discharged and abate with signature of a director and date. () The directorate shall thereafter publish a notice of the endorsement in the Gazette.. () The organisation may be further recommended under Section () upon fresh satisfaction of conditions and without prejudice to existing obligations of the organisation. Part IV Offences and Punishment. () Save a statutory corporation or Government parastatal or department any establishment or person who fails to comply with or contravenes or abet the contravention of any provision of this Act shall be guilty of an offence and shall be liable upon conviction to a fine of x, or imprisonment for three years or to both such fine and imprisonment: Provided that in the case of statutory corporation or Government Department where the offence is committed with the consent or connivance of or to be attributable to, any neglect on the part of any Director, Manager, Secretary or other official of the corporation or Government parastatal or department, such Director, Manager, Secretary or other official shall be guilty and liable under this section. Part V Interpretation and Citation. () In this bill, unless the context otherwise requires certificate means certificate of satisfaction as in Form A; directorate has the same meaning under the decree; establishment refers to the organizations mentioned in Section () of Part II of this Act; member means member of the service corps; Minister means the Minister of Women Affairs and Youth Development; organisation connotes the undertakings and projects stated in Section () (a) (n) of the Act; the decree means the National Youth Service Corps Decree; Person means natural person and includes companies, corporation and other undertakings or project whether private or public;

5 Rules and regulation means the constitution, memorandum, regulations collective agreement and understanding of the organisation; Service corps has the same meaning under the Act; Service means National Youth Service Corps.. This Act may be cited as the National Youth Service Corps (Employment and Incidental Matters) Bill, 00. Explanatory Note This Act seeks to provide employment for persons engaged in the National Youth service Corps and applies to employers who made written application and request for the services of corps members and employers

6 who retain corps member after the service. Know all men by these presents that: National Youth Service Corps (Employment and Incidental Matters) FORM A CERTIFICATE OF SATISFACTION... (insert name of organisation) Section (), () & () Is firmly and fully recognized for its genuine patriotism and efforts in the employment of our corps member and noted with satisfaction in its policy and undertakings by this Certificate of Satisfaction and therefore qualify for offer of Incentive under Section Subsection (), of the National Youth Service Corps (Employment and Incidental Matters) Act, 00. Issued under the hand of the Minister this... Day of..., 00. (insert day, month and year). Signed:... Honourable Minister for Women Affairs and Youth Development Appendix A Section 0 ()

7 Appendix B Section () Section 0 () Appendix A The... was accorded consideration and award/0% incentive (insert name of organisation) (delete if not applicable) this... day of..., 00. (insert day, month and year). Signed: Secretary... (insert name of establishment)... Section () This certificate is therefore discharged and abates by reason of Appendix A This...day of..., 00. (insert day, month and year) Signed: Appendix B