For a long time, employers in the public sector would request job applicants to provide clearance and compliance certificates including;
- Police Clearance Certificate
- Credit Reference Bureau (CRB) clearance certificate
- Higher Education Loans Board (HELB) Clearance Certificate
- Ethics and Anti-corruption Clearance Certificate
However, the Employment (Amendment) Act No. 15 of 2022 amended Section 9 of the Employment Act to eliminate the requirement for job applicants to submit clearance or compliance certificates while submitting their job applications to potential Employers.
Under section 9 of the employment act, an employer may request a job applicant to submit any clearance or compliance certificate only where they offer the employee employment and intend to enter into a written employment contract. In addition, an employer is at liberty to withdraw the employment offer where the job applicant does not satisfy the provisions of Chapter Six of the constitution or fails to provide the requested clearance and compliance certificates.
Notwithstanding the above, an applicant for a state office may still be required to provide the aforementioned certificates at such times during the recruitment or approval process.
The recent amendment to the Employment Act has relieved job applicants from the burden of bearing costs associated with obtaining clearance certificates, which were part of the requirements for shortlisting.
It is therefore important for employers to take into consideration this amendment to the Employment Act, 2007, and review their employment policies and contracts to ensure compliance.
In case of any questions, please feel free to contact us through any of the contact details provided on our website or book a consultation with any of our associates for this or any other related legal matters.
Disclaimer
This article is for informational purposes only and should not be construed as legal advice.
