17 - MINISTRY OF LABOUR, INDUSTRIAL RELATIONS AND EMPLOYMENT Employment Division 17.1 E-Work Permit System The objective of the e-Work Permit System was to improve the work processes through online applications, linkages with stakeholders, online payments and printing of permits on cards. On 9 February 2013, tenders were launched for the supply, development, implementation and commissioning of the Back-end Web-based Work Permit System. On 16 July 2013, the Departmental Tender Committee recommended the award of the contract for the sum of Rs 15.1 million, representing Rs 12.7 million for core items and Rs 2.4 million for optional items. The selected bidder was notified on 22 July 2013. The Letter of Award of Contract was issued on 3 September 2013 for Rs 13.4 million, representing Rs 12.7 million for core items and Rs 700,000 for optional items, and the contract was signed on 27 September 2013. The Front End of e-Work Permit Portal which was not included in the previous contract was awarded on 24 December 2013 to the same entity for Rs 1.1 million, inclusive of VAT. The e-Work Permit Project which started in September 2013 was due for completion in July 2014. 17.1.1 Joint Venture with a Foreign Company A local company and its foreign counterpart were to enter into a joint venture for a period of two years to set up a new company through which all transactions were to be undertaken. The new company was incorporated on 6 September 2013. However, tender was awarded to the local company on 3 September 2013, that is, prior to the existence of the new entity. The agreement, entered on 4 September 2013 between the two companies was reported not to be valid and the Procurement Policy Office recommended that a proper notarised Joint Venture Agreement (JVA) be drawn up. The JVA and an addendum to contract were subsequently signed on 25 September 2014, that is after the initial scheduled completion date. 17.1.2 Launching of Front End of E–Work Permit Portal A sum of Rs 1.1 million was paid for the Front End of the e–Work Permit Portal and Applicant Registration, which was launched on 30 September 2014 to enable registration by companies. 17.1.3 Project Implementation Various problems were encountered during the execution of the project. Basic requirements of the Employment Division (ED) were not taken on board in the software developed according to prototype presentation of the Contractor in March 2014. Closed companies still had valid status. Access to the test platform, located in the servers of the foreign counterpart of the Joint Venture, was slow and this hindered the testing phase. The test platform was transferred to 243 the server of the Government Online Centre and was available for testing as from 1 December 2014. Screens, which were not as per specifications were amended by the Joint Venture in mid-January 2015. Major changes were brought to the System and testing of a module led to other module being affected. Officers of ED reported that only debugging was being performed instead of actual testing. As of March 2015, only 45 per cent of the System was tested. The Project, which was scheduled for completion in July 2014, was extended to 31 May 2015. However, as of June 2015, the e-Work Permit System was not operational. The Performance Security which expired on 30 September 2014 was not renewed. Except for the advance payment of Rs 4.02 million, representing 30 per cent of the contract price for the Back-End of the System, no further disbursement was effected. 17.1.4 Present Status of Project As of 30 April 2015, the e-Work Permit Portal was not fully operational. The User Acceptance Test was still outstanding. Software Requirement Specifications (SRS), Contingency Plan and Backup Policy were not yet approved and signed by both parties. Bids for procurement of pre-personalised work permit cards and card printer were still at evaluation stage. The security features of the System were not vetted by the Information Technology Security Unit, and built-in alerts were not yet incorporated in the System. The linkage with Lodging Accommodation Permit (LAP) was not effective, while the Labour Market Information System needed upgrading prior to linkage. Business proposal for the setting up of the linkage with Passport and Immigration Office System was not yet finalised. Module for medical clearance of expatriates was not completed and access was not yet provided by the Government Online Centre. The test platform for the e-Payment Gateway was not operational since March 2015. Data on the Work Permit Application System were not yet migrated to the e-Work Permit System. The Ministry’s interests might not have been safeguarded. The delay in execution of project would lead to delay in provision of efficient and effective services. Ministry’s Reply The relocation of the ED delayed the testing phase of the project. The Contractor was informed that no payment would be effected pending submission of Performance Security and was being pressed for remedial action for the completion of the project. The modules for medical clearance and testing of e-payment were completed. As of 17 July 2015, linkage with LAP was established and was operational. The registration of the Ministry as a Data Controller was under process. Data will be cleansed prior to migration to the new System. The project was being closely monitored and daily testing was being effected to ensure the viability of the System. 244 MINISTRY OF LABOUR, INDUSTRIAL RELATIONS AND EMPLOYMENT 17.2 Grant of Recruitment Licence At paragraph 17.1 of the Audit Report for the year ending 31 December 2013 shortcomings relating to the grant or renewal of Recruitment Licences for recruitment of workers for employment abroad and in Mauritius were highlighted. These included the absence of a Register for the follow up of status of Recruitment Licences and the non-submission of quarterly returns. The Recruitment Licence was to be issued as per specimen form specified in the Second Schedule of the Recruitment of Workers Regulations. However, the Licence Forms were neither designed as controlled form nor printed on special type of paper such as azur laid paper with watermark. Hence, control over licences, regarding their validity and authenticity could not be ascertained. As of 31 December 2014, there were 49 Recruitment Licences including six awaiting renewal and 12 new Licences issued during 2014. A Register was introduced on 21 January 2015 to follow up the processing of applications for Recruitment Licences or their renewal. However, it did not allow proper follow up on actual status of Recruitment Agencies as essential data such as dates of approval and issue of Licence and expiry of Security Bond were not recorded therein. Regular site inspections were not effected to ascertain compliance with Regulations and whether the Agency had ceased activities or was operating without a valid Licence. A Licence was renewed in October 2014 without inspection by Officers of the Employment Division. Every Licensee was required to submit returns within 10 days of expiry of each quarter. However, 16 of the 37 Licensees had not submitted any quarterly returns for 2014 nor were they submitted by the 12 new Licensees. Only five of the remaining 21 Licensees had submitted all returns for 2014. Placements effected by these Recruitment Agents were thus not known. A Licensee applied for the renewal of his Recruitment Licence which was valid up to 28 February 2015 in his company’s name instead of his own name. On 12 December 2014, the Licensee was informed that there was no objection to operate in the name of the company pending expiry of current Licence. However, the Recruitment Licence is not transferable as per the Recruitment of Workers Act. Recommendations The Licensing Authority needs to enhance the uniqueness and security features of the Recruitment Licence Forms to ensure their validity and authenticity for control purposes. Regular inspections should be effected to ascertain compliance with Regulations. 245 MINISTRY OF LABOUR, INDUSTRIAL RELATIONS AND EMPLOYMENT Ministry’s Reply Action is being taken to insert the missing details in the Register and measures will be taken to enhance the uniqueness and security features of the Recruitment Licence. Regular inspections were not carried out due to shortage of staff. Inspections will be effected in cases of non-submission of quarterly returns. A High Level Committee was set up in February 2015 to review the whole procedure for issue, renewal and monitoring of Recruitment Licence. Application for a Recruitment Licence in the name of the company was made. 246 MINISTRY OF LABOUR, INDUSTRIAL RELATIONS AND EMPLOYMENT