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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.6 Obligations of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.6(c) Employment of domestic and regional labour

Employment of domestic and regional labour refers to the obligation of the licensee to recruit, hire, train, and promote candidates from the local labour force for employment at all levels of the enterprise, consistent with the AU Mining Vision.

35.6(c) Example:

Article [_]

(1) An Authorised Processing Facility and an Authorised Trader shall employ and train citizens of [jurisdiction] and implement a succession plan for the replacement of expatriate employees in accordance with the labour laws of [jurisdiction]. In as far as possible priority shall be given in employment of nationals from the jurisdiction of the processing plant.

(2) where an Authorised Processing Facility or an Authorised Trader are unable to find a citizen of [jurisdiction] who is qualified for a particular technical or managerial position, they may employ citizens of any AU member state subject to the labour laws [of jurisdiction]. The burden of proof shall be on the employer.

Article [_]

An Authorised Transporter shall not employ persons who are not citizens of [jurisdiction].

Annotation

This section is to ensure that local communities in particular benefit from the presence of an Authorised Processing Facility which should enhance local participation and capacity building. As such, in order for local communities to benefit directly from development minerals, the processing facility should ensure employment and training of nationals and persons within local communities situated within the vicinity of the processing facility, as well as procurement of goods and services nationally and locally.

Where employment requires technical know-how and no such person is available nationally and in accordance to labour laws [of each jurisdiction] the Authorised Processing Facility and Authorised Trade may employ a citizen of an AU member state.

Authorised Transporters would not be entitled to employ non-citizens, in line with the eligibility requirements to be an Authorised Transporter.