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Cyrus is often a commercial, property and corporate lawyer practising therefore in a leading commercial lawyer in Nairobi, Kenya.
Welcome to Kenyan Lawyer blog, an instructive and educative blogs that is certainly meant to educate and let you know on legal rise in Kenya as well as on business issues. You can reach me via
The Salient Features in the Employment Act, 2007
The Employment Act, 2007 also called the Chapter 226 from the Laws of Kenya repealed the previous Employment Act and also the Regulation of Wages and Conditions of Employment Act Chapter 229 in the Laws of Kenya.
This Act, whose commencement date was 2
June, 2008, supplies general conditions and terms of employment in Kenya and relates to both domestic and foreign contracts of employment.
The following include the main features in the Employment Act, 2007.
1. Section 5 3 on the Act provides that no employer shall discriminate, directly or indirectly, against any employee or prospective employee or harass a staff member or prospective employee on a lawn of race, colour, race, language, religion, political and other opinion, nationality, ethnic or social origin, disability, pregnancy, mental or HIV status or even in respect of recruitment, training, promotion, conditions and terms of employment, termination of employment or any other matter arising out on the employment. Further, subsection 4 thereof provides that the employer shall pay his employees equal remuneration for work of equal value. It really should be noted that any employer who violates this provision might be prosecuted for any criminal offence under subsection 5 thereof.
2. Section 6 from the Act outlaws all sorts of sexual harassment at places of works. This provision require every employer to consider steps to make certain no employee is confronted with sexual harassment associated with a form and take disciplinary measures as deemed appropriate against some of his employees who subjects another employee to sexual harassment. Further, under subsection 2 thereof, a boss who employs twenty 20 if not more employees should in consultation while using employees or their representatives, if any, issue an insurance policy statement on sexual harassment, which will be brought to the interest of every person in the employer s direction.
3. Section 7 on the Employment Act provides that no person will likely be employed within a contract of services except in accordance with all the provisions in the Act. Section 8 goes ahead to supply that the provisions with the Employment Act affect both oral and written contracts of employment.
4. Under section 9 with the Act, a legal contract of service a to get a period or possibly a number of trading days which amount in aggregate towards the equivalent of three 3 months or higher, or which offers up the performance of a typical specified work which cannot reasonably be anticipated to be completed in a period or perhaps a number of business days amounting in aggregate on the equivalent of three 3-4 months; need to be writing.
5. Under the aforesaid section, it truly is obligation and duty on the employer to offer the contract of employment prepared in accordance together with the provisions in the law and ensure the same is signed the worker.
6. Under section 101 with the Employment Act, a written contract of service specified under clause 9 above, shall state the how to go about employment, that might, at the mercy of section 103 with the Act, receive in instalments along with any event no less than two 8 weeks after the beginning of employment. Under subsection 2 of thereof, a written contract of service shall offer the following particulars or details:
a the name, age, permanent address and sex on the employee;
d the date of commencement with the employment;
h remuneration scale or rate of employment, the tactic of calculation of these remuneration and details associated with a other benefit;
i date where employee s quantity of continuous employment began, considering any employment which has a previous employer which counts toward that period; and
Please not really that under section 105, where any on the matters highlighted above changes, the employer shall in consultation with all the employee, revise the agreement to reflect such changes and notify the employee on the change in writing.
Further, under section 106 with the Act, the employer will likely be required to keep records with the above particularly to get a period of at the very least 5 years following termination of employment.
If not contained in the agreement of service, the employer shall also be forced to prepare an announcement containing the next particulars that is incorporated into the agreement of service by reference:-
i entitlement to annual leave, including public holidays and holiday pay;
ii incapacity to be effective due to sickness or injury including any provisions of sick pay; and
b the capacity of notice which a staff member is obliged to present and eligible to receive to terminate his contract of employment;
c where employment will not be intended to get for an indefinite period, the time scale for which it's expected to continue or; if it can be a fixed term, the date if this will end;
d the area of work or, where the staff member is required or permitted to function at various places at work, an indication of the place on the job and address with the employer; and
e disciplinary rules and disciplinary procedure.
5. Please note that under section 13 with the Employment Act, if, following material date there is often a change in any in the particulars under sections 10 and 12 on the Act, the employer shall give for the employer a written particular of changes a minimum of one 1 month following your changes. Under section 16 on the Employment Act, where a company does not give a member of staff a statement as required under sections 10, 12 and 13 aforesaid, or even an itemised pay statement required under section 20 on the Act, the staff member may file a complaint together with the labour officer.
6. Under section 15 with the Employment Act, a company shall display a press release in the prescribed form from the employee s rights underneath the Act in the conspicuous place, that is accessible to all employees.
7. Under section 17 6 on the Act, if any employer advances to a staff a loan in excess in the amount of one a month s his wages, or perhaps case of a staff member with written contract, two eight weeks wages, the actual surplus shall not recoverable inside a court of law. This section therefore means that if a company advances any loan to a staff, the employers will likely be obliged to consider a separate security from the staff member to secure the repayment.
8. Under section 20 on the Act, a boss shall be needed to give every employee except a quick employee or a member of staff engaged on piece rate or task rate terms of the period not exceeding a few months an itemised pay statement either at or prior to time of payment with the salaries and wages. At the minimum, such statement should support the following particulars:-
b itemised statutory deductions; and
9. An employer who isn't incorporated or resident in Kenya could be required with the Minister to spend bond assessed at the equal of one month s wage with all the different employees employed or for being employed by such employer.
10. The annual leave is 21 years old 21 days with full pay after every twelve 12 consecutive months of service. Where employment is terminated following the completion of two 2 or even more consecutive months of service, the worker is eligible for one and three-quarter 1 era of leave with full pay with respect of each completed month of service.
11. The Employment Act states that many employee will likely be entitled to one day of rest for every single week of service.
12. Under section 30 on the Employment Act, after two 2 consecutive months of service in reference to his employer, a worker shall be qualified for sick leave of for around seven 1 week with full pay and thereafter to sick leave of seven few days with half pay, in each duration of twelve 12 consecutive month of service, subject on the production by the worker of a certificate of incapacity to worked signed by way of a duly certified medical practitioner.
13. Under section 29 in the Employment Act, women employees are eligible for three 3-4 months maternity leave with full pay apart from the normal annual leave aforesaid. On the other hand, male employees are eligible to two two weeks paternity leave.
14. House allowance should be provided to an employee unless where gross salary is stated being inclusive of house allowance section 31 the Employment Act.
15. Under section 34 on the Act, a boss is under an obligation to produce medical treatment to his employees during period of service if possible medical attendance during certain illness. As a result provision, the employer should consume a health insurance scheme with the benefit of his employees. Further, under Work Injury Benefits Act, the employer is obligated to pay for compensation to a member of staff who has sustained accidental injury or death due to accidents sustained either out of or even in the course of employment. Again, a boss can take out a workmen s compensation insurance to meet up with such claims.
16. Under section 42 in the Employment Act, 2007, probationary period to get a new hiring or employee shouldn't exceed six 180 day. A probationary contract of employment could be terminated by the seven 1 week written notice by either party.
17. Under section 43 with the Employment Act, in almost any claim due to termination of a legal contract of employment, the employer must prove reason or reasons for that termination of employment. If he does not do so, he will probably be deemed to get terminated the worker unfairly.
18. The Employment Act offers up quite elaborate dismissal, termination, redundancy, and complaint procedures. Therefore, where a business intend to terminate a worker it would be best to approach a legal representative for detailed advice.
19. Under the Employment Act, employers are essential keep and look after records of the employees including records of disciplinary actions taken against such employees. Such records should provide for that particulars specified by section 74 on the Act.
20. Under section 76 on the Employment Act, every employer who employs 20 25 or even more employee is require to comply using the provisions of Part X with the Act. Under subsection 2 thereof, such employer must notify the Director of Employment of each and every vacancy occurring in this particular establishment, business or work place from the prescribed form. The employer is also necessary to notify the Director of each and every recruitment, abolition of posts, termination or lay-off of employees within two a couple weeks from their taking effect. Such a company must also conserve a register coming from all his employees in every single calendar year and send this towards the Director not later than 31
January in the following year.
21. Under section 83 in the Act, an international contract of service should be in the prescribed form, and have to be signed by the two of you and attested by way of a labour officer.
22. Under section 90 from the in the Employment Act, no civil action or proceedings based or arising out with the Act or binding agreement of service in generally shall lie unless it's commenced within three three years next as soon as the act, neglect, or default reported or the case of continued injury or damage, within twelve twelve months next after cessation thereof.
23. Under the Act, all labour and employment related disputes will be handled exclusively because of the newly established Industrial Court, which can be established beneath the Labour Institutions Act, 2007.
Note: If you require anymore information or detailed legal opinion on may employment matter in Kenya, remember to not hesitate to make contact with the writer on
Thanks Maina, very informative information.
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The provisions of the Act shall connect with oral and written contracts.
Section 9: General provision of contract of service.
Section 14: Reasonably accessible document or collective agreement.
Oral contract, written contract, section 8, sec 8, sec 8 employment act, 2007 kenya employment act Section 8 of Kenya Employment Act, 2007 relates to Oral and written contracts
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The provisions with this Act shall pertain to oral and written contracts.
Section 9: General provision of contract of service.
Section 14: Reasonably accessible document or collective agreement.
Oral contract, written contract, section 8, sec 8, sec 8 employment act, 2007 kenya employment act Section 8 of Kenya Employment Act, 2007 relates to Oral and written contracts
Retrieved from Section8ofKenyaEmployment Act, 2007
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The international labour organization ilo background: the ilo could be the only major organization originally part in the league of nations system which has existed from. rev 2012 cap 226 employment 7 issue 1 chapter 226 employment act date of assent: 22th october, 2007 date of commencement: 2nd june, 2008.
Labour law also labor law or employment law, see spelling differences mediates their bond between workers employees, employers, trade unions along with the government. Read more on Paged employment act cap 226 no 11 of 2007.
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