en
afsqam ar hy az eu be bn bs bg ca ceb ny zh-CN zh-TWco hr cs da nl en eo et tl fi fr fy gl ka de el gu ht ha haw iw hi hmn hu is ig id ga it ja jw kn kk km ko ku ky lo la lv lt lb mk mg ms ml mt mi mr mn my ne no ps fa pl pt pa ro ru sm gd sr st sn sd si sk sl so es su sw sv tg ta te th tr uk ur uz vi cy xh yi yo zu
Newsletter
Victor Mochere
No Result
View All Result
  • Wealth
    Top 10 richest crypto billionaires in the world

    Top 10 richest crypto billionaires in the world 2021

    Top 10 richest musicians in Africa

    Top 10 richest musicians in Africa 2021

    Top 10 richest musicians in East Africa

    Top 10 richest musicians in East Africa 2021

    Akothee Net Worth

    Akothee Net Worth 2021

    Top 10 richest musicians in Kenya

    Top 10 richest musicians in Kenya 2021

    Top 10 richest musicians in Nigeria

    Top 10 richest musicians in Nigeria 2021

    Top 10 richest musicians in South Africa

    Top 10 richest musicians in South Africa 2021

    Top 10 richest musicians in Tanzania

    Top 10 richest musicians in Tanzania 2021

    Top 10 richest musicians in Ghana

    Top 10 richest musicians in Ghana 2021

    Sarkodie Net Worth

    Sarkodie Net Worth 2021

  • Business
    Top 10 highest paid CEOs in Kenya

    Top 10 highest paid CEOs in Kenya 2021

    Best quotes from Warren Buffett

    Best quotes from Warren Buffett

    Top 10 largest ship-owning countries in the world

    Top 10 largest ship-owning countries in the world 2021

    Top 100 most valuable companies in Africa

    Top 100 most valuable companies in Africa 2021

    Top 20 most valuable companies in Southern Africa

    Top 20 most valuable companies in Southern Africa 2021

    Top 20 most valuable companies in North Africa

    Top 20 most valuable companies in North Africa 2021

    Top 20 most valuable companies in West Africa

    Top 20 most valuable companies in West Africa 2021

    Top 20 most valuable companies in East Africa

    Top 20 most valuable companies in East Africa 2021

    Top 10 most valuable companies in Kenya

    Top 10 most valuable companies in Kenya 2021

    Top 20 most valuable banks in the world

    Top 20 most valuable banks in the world 2021

  • Education
    Effective strategies for academic writing

    Effective strategies for academic writing

    Best quotes from Adam Smith

    Best quotes from Adam Smith

    Top 10 best universities in the United States

    Top 10 best universities in the United States 2021

    Top 10 best universities in the United Kingdom

    Top 10 best universities in the United Kingdom 2021

    Top 20 hardest colleges to get into in the US

    Top 20 hardest colleges to get into in the US 2021

    Top 20 hardest universities to get into in the UK

    Top 20 hardest universities to get into in the UK 2021

    Best quotes from Marie Curie

    Best quotes from Marie Curie

    Best quotes from Galileo Galilei

    Best quotes from Galileo Galilei

    Top 10 most illiterate countries in Africa

    Top 10 most illiterate countries in Africa 2021

    Top 10 most literate countries in Africa

    Top 10 most literate countries in Africa 2021

  • Travel
    How to prevent a catalytic converter from clogging

    How to prevent a catalytic converter from clogging

    Top 10 exotic dishes and restaurants in Dubai

    Top 10 exotic dishes and restaurants in Dubai 2021

    Things to consider when buying a car

    Things to consider when buying a car

    Things to consider when buying a travel camera

    Things to consider when buying a travel camera

    Top 10 car accessories that make your car fully loaded

    Top 10 car accessories that make your car fully loaded

    Nicaraguan passport Visa Free countries

    Nicaraguan passport Visa Free countries 2021

    Bolivian passport Visa Free countries

    Bolivian passport Visa Free countries 2021

    Moldovan passport Visa Free countries

    Moldovan passport Visa Free countries 2021

    Maldivan passport Visa Free countries

    Maldivan passport Visa Free countries 2021

    Georgian passport Visa Free countries

    Georgian passport Visa Free countries 2021

  • Technology
    Computer keyboard shortcuts you need to know

    Computer keyboard shortcuts you need to know

    What you need to know about Digital Service Tax in Kenya

    What you need to know about Digital Service Tax in Kenya

    Top 10 best website speed test tools

    Top 10 best website speed test tools 2021

    How to get verified on Triller

    How to get verified on Triller 2021

    Top 20 most liked tweets

    Top 20 most liked tweets 2021

    How to get your website included on Microsoft News

    How to get your website included on Microsoft News

    Top 10 best email apps

    Top 10 best email apps 2021

    How to tell if a laptop is new or used

    How to tell if a laptop is new or used

    How to tell if a laptop is new or refurbished

    How to tell if a laptop is new or refurbished

    The future of fuel technology

    The future of fuel technology

  • Living
    How to save money

    How to save money

    The process of a Muslim funeral

    The process of a Muslim funeral

    Essential herbs for building muscles

    Essential herbs for building muscles

    Factors affecting your YouTube revenue

    Factors affecting your YouTube revenue

    How to choose the right bank for your financial needs

    How to choose the right bank for your financial needs

    How to conceive a baby boy

    How to conceive a baby boy

    Magic mushrooms: The future of mental health care

    Magic mushrooms: The future of mental health care

    Types of sponsors

    Types of sponsors

    How to deal with your dog drool

    How to deal with your dog drool

    Top 10 highest earning TikTok stars

    Top 10 highest earning TikTok stars 2021

  • Entertainment
    Best quotes from Adele

    Best quotes from Adele

    Best apps and games on App Store

    Best apps and games on App Store 2021

    Best apps and games on Google Play Store

    Best apps and games on Google Play Store 2021

    Top 20 best-selling singles of all time

    Top 20 best-selling singles of all time 2021

    Top 20 best-selling albums of all time

    Top 20 best-selling albums of all time 2021

    Top 20 best-selling music artists of all time by singles

    Top 20 best-selling music artists of all time by singles 2021

    Top 20 best-selling music artists of all time by albums

    Top 20 best-selling music artists of all time by albums 2021

    Top 20 best-selling music artists of all time

    Top 20 best-selling music artists of all time 2021

    Top 10 highest paid dead celebrities

    Top 10 highest paid dead celebrities 2021

    Top 10 most watched TV stations in Kenya

    Top 10 most watched TV stations in Kenya 2021

  • Governance
    Best quotes from Kamala Harris

    Best quotes from Kamala Harris

    Best quotes from Joe Biden

    Best quotes from Joe Biden

    Top 10 worst US presidents in history

    Top 10 worst US presidents in history 2021

    Top 10 best US presidents in history

    Top 10 best US presidents in history 2021

    Best quotes from Ronald Reagan

    Best quotes from Ronald Reagan

    Top 20 US presidents with the most electoral college votes

    Top 20 US presidents with the most electoral college votes 2021

    US presidential elections in which the winner lost the popular vote

    US presidential elections in which the winner lost the popular vote

    Top 20 US presidential candidates with the most popular votes

    Top 20 US presidential candidates with the most popular votes 2021

    Best quotes from Eleanor Roosevelt

    Best quotes from Eleanor Roosevelt

  • Sports
    Best quotes from Lewis Hamilton

    Best quotes from Lewis Hamilton

    Top 10 greatest NBA players of all time

    Top 10 greatest NBA players of all time 2021

    Top 10 best NBA teams of all time

    Top 10 best NBA teams of all time 2021

    Best quotes from Diego Maradona

    Best quotes from Diego Maradona

    Top 10 countries with the most Olympic medals in Africa

    Top 10 countries with the most Olympic medals in Africa 2021

    Top 20 countries with the most Olympic medals

    Top 20 countries with the most Olympic medals 2021

    Top 10 most expensive football players in the world

    Top 10 most expensive football players in the world 2021

    Top 20 highest rated players in FIFA

    Top 20 highest rated players in FIFA 21

    Top 10 highest rated women players in FIFA

    Top 10 highest rated women players in FIFA 21

    Top 20 most valuable football players in the world

    Top 20 most valuable football players in the world 2021

  • Life Hacks
    How to view a cached version of a website

    How to view a cached version of a website

    How to transfer WhatsApp chats to Telegram

    How to transfer WhatsApp chats to Telegram

    How to transfer WhatsApp chats to Signal

    How to transfer WhatsApp chats to Signal

    How to grow your YouTube channel quickly

    How to grow your YouTube channel quickly

    How to make money on YouTube

    How to make money on YouTube

    How to install WordPress on cPanel

    How to install WordPress on cPanel

    How to enable hotlink protection

    How to enable hotlink protection

    How to block an IP address on cPanel

    How to block an IP address on cPanel

    How to avoid a hangover

    How to avoid a hangover

    Top 20 countries with the most Nobel Prizes

    Top 20 countries with the most Nobel Prizes 2021

en
afsqam ar hy az eu be bn bs bg ca ceb ny zh-CN zh-TWco hr cs da nl en eo et tl fi fr fy gl ka de el gu ht ha haw iw hi hmn hu is ig id ga it ja jw kn kk km ko ku ky lo la lv lt lb mk mg ms ml mt mi mr mn my ne no ps fa pl pt pa ro ru sm gd sr st sn sd si sk sl so es su sw sv tg ta te th tr uk ur uz vi cy xh yi yo zu
Victor Mochere
No Result
View All Result
en
afsqam ar hy az eu be bn bs bg ca ceb ny zh-CN zh-TWco hr cs da nl en eo et tl fi fr fy gl ka de el gu ht ha haw iw hi hmn hu is ig id ga it ja jw kn kk km ko ku ky lo la lv lt lb mk mg ms ml mt mi mr mn my ne no ps fa pl pt pa ro ru sm gd sr st sn sd si sk sl so es su sw sv tg ta te th tr uk ur uz vi cy xh yi yo zu
Victor Mochere
No Result
View All Result

Labour laws in Kenya

Victor Mochere by Victor Mochere
in Living
Reading Time: 6min read
A A
0
Labour laws in Kenya

In Kenya, employer-employee relationship is governed by the labour laws, either formal or informal employment. The labour laws are the set rules and regulations that govern the working relationship between the employer and employee, to protect the rights and interests of each party. These laws clearly set out the obligations and responsibilities of each party to the employment. They stipulate among other things; minimum wage, working hours, working conditions, leave days and employee rights.

Contents

  • Significance of labour laws
  • Categories of labour laws
  • Regulation of employment relations in Kenya
  • Labour laws on working hours
  • Labour laws on leave days
  • Labour laws on trade unions
  • Labour laws on the resignation
  • Labour laws termination of employment
  • Labour laws on retrenchment
  • Types of work leaves

Significance of labour laws

The labour laws are put in place to ensure harmonious working relationship between the employer and employee. They help to;

  1. Enhance industrial relationships
  2. Protect workers from exploitation by employers
  3. Guarantee job security for employees
  4. Reduce industrial unrest
  5. Promote harmony within the organization
  6. Assist employees to get fair wages equivalent to their contribution

Categories of labour laws

Labour laws are divided into five Acts as enacted by the Parliament. Collectively labour laws involve the relationship between the union, the employer and the employee, and the individual labour laws that deal with the relationship between the employer and employee, without the involvement of trade unions.

  1. The Employment Act
  2. Labour Institutions Act
  3. Labour Relations Act
  4. Occupational Safety and Health Act (OSHA)
  5. Work Injury Benefits Act (WIBA)

Regulation of employment relations in Kenya

Employment relations in Kenya are governed by;

  1. Individual labour contracts
  2. Constitutional rights
  3. Statutory rights stipulated in statutes and regulations
  4. Rights dictated by collective agreements as well as extension orders of collective agreements

Labour laws on working hours

In Kenya, the total working hours are 45 hours per week. For employees who are employed to work at night, they may not work more than 60 hours a week. The working hours for employees who are below the age of 16, is 36 hours a week. If at any week, the employee works more than the stated hours, then the extra hours will be considered as overtime. The employer can also schedule paid overtime hours for the employee.

 

Overtime hours are paid, at the rate of one and one-half hourly rate on weekday, and at the rate of twice the basic hourly rate on Sundays and public holidays. The employee is entitled to one rest day per week, after working for six consecutive days, though by practice some employers award their employees two resting days a week (Saturday and Sunday).

Labour laws on leave days

Every employee is entitled to an annual leave and they can voluntarily choose to go on leave. The annual leave is 21 days without work, exclusive of public holidays and the employee is entitled to full pay. After working for 12 consecutive months for the employer, he/she is mandated to grant the employee an annual leave. Some employees may choose to accumulate their annual leave, but they must be taken within 18 months, otherwise it may be considered that the employee has forfeited the accumulated leave. Labour laws in Kenya on leave days are under section 28 of the Employment Act.

Labour laws on trade unions

Any individual aged above 16 years, can become a member of a trade union. In cases of retrenchment, the employer should inform the trade union official representing the area by issuing a notice of fewer than thirty days before retrenchment, that is the employee is a member of a trade union. If the employee is not a member of any trade union, then the employer should write to the employee directly informing them of the termination. Labour laws in Kenya on registration of an employee into a trade union fall under the Labour Relations Act of 2007.

Labour laws on the resignation

When an employee wants to resign from his/her job, he/she must inform the employer one month before they stop working, that’s if they receive monthly payments. If the employee does not give the employer the notice/letter of resignation, he/she should pay the employer the equivalent of wages for that period. If by any chance the resignation of the employee violates a contractual obligation to work, they may be liable to damages. Labour laws in Kenya on resignation are under the Employment Act, sections 14(5) and 16.

Labour laws termination of employment

Termination of employment is when the employer-employee relationship comes to an end. Either party can terminate the relationship at any moment by giving a notice/letter to the other party. If the employee wishes to terminate the employment contract, he/she must give a 30-day notice to his/her employer, if he/she is paid on monthly basis and a day/7-day notice if paid on daily/weekly basis. The same applies to the employer, unless under situations of summarily dismissal.

 

The party that does not give a notice, will be forced to make payment of salary in lieu of notice. The notice must be written or verbal if the employee does not know how to read or write. The following are grounds under which the employer may terminate the employment contract (unfair termination occurs when reasons for termination are not provided);

  1. Misconduct
  2. Poor performance
  3. Participation in an illegal strike
  4. Physical incapacity (Must be confirmed by a medical doctor)
  5. Organization/employer’s operational requirements such as retrenchment

Labour laws on retrenchment

Retrenchment implies to loss of a job or occupation by operation of the entity and not as a result of the employee’s fault. Normally, retrenchments arise when the entity cannot sustain the compensation offered to some/all of its employees, and as a result their services are no longer needed. When selecting the employees to be retrenched, the employer should take into consideration; seniority at the time, skills, abilities and dependability of each employee in the selected group of employees to be laid off.

 

The employee is entitled to severance pay, as the only payment for redundancy, which is equivalent to 15 days of basic wages for each completed year of employment. An employee is not entitled to service pay if he/she is a member of a registered pension fund, gratuity or service pay scheme established under a collective agreement, or any other scheme provided by the employer whose terms are favourable. Labour laws in Kenya on retrenchment are under the Kenyan Employment Act 2007.

Types of work leaves

The labour laws in Kenya clearly state 3 types of leave that the employee is entitled to.

a. Annual leave

Every employee is entitled to an annual leave of 21 days after every 12 consecutive months, these leave days come with full pay. The employee is allowed to take their annual leave on voluntary basis. The employer can divide the employee’s annual leave into intervals with consent of the employee. The law governing annual leave can be found under section 28 of the Kenyan Employment Act.

b. Sick leave

The employee is entitled to sick leave of not less than 7 days with full pay, if they have worked for 2 consecutive months. They are also entitled to an additional 7 days with half pay, in each period of twelve consecutive months of service. The employee should notify the employer as soon as they fall sick, and give reasons why they need to take the leave, so as to be entitled to full pay.

 

An employee should not just wake up one morning and fail to report to work claiming to be sick, they need to produce a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre. The law governing sick leave can be found under section 30 of the Kenyan Employment Act.

c. Maternity/paternity leave

A female employee is entitled to 3 months of maternity leave, whereas the male counterpart is entitled to 2 weeks paternity leave. Maternity leave in Kenya implies to 90 calendar days and not 90 working days, that is exactly 3 months. After the leave the employee has the right to resume her work. Taking maternity/paternity leave does not disqualify the employee from taking their annual leave. Most expectant female employees choose combine their maternity and annual leaves so as to spend more time with their newborns. The expectant female employee is at liberty to choose the day to begin the leave, so longer as she informs her employer seven days earlier through a written notice.

 

During this leave the employee is entitled to their full pay and other benefits they enjoy, and should be paid on regular basis as if they were at work. A woman is entitled to a paid maternity leave when she gets pregnant, as there are no limits as to how many times a woman can take maternity leave. No employer shall discriminate directly or indirectly against an employee or prospective employee or harass an employee or prospective employee on grounds of pregnancy.

 

The employer has no right to terminate an employee’s contract on grounds that she is pregnant, on maternity leave or immediately she reports back to work from maternity leave. If any doubt arises, the female employee is required to produce a certificate as to her medical condition from a qualified medical practitioner or midwife. The law governing maternity/paternity leave can be found under section 29 of the Kenyan Employment Act.

d. Other leaves

There are other leaves not indicated in the Employment Act, but are used by many organizations in Kenya.

  1. Compassionate leave – This leave is granted to the employee to attend a misfortune which is usually not planned for and may occur at any point in time including death, sickness or accidents of relatives and friends. Different organizations have different policies governing compassionate leave of their employees
  2. Compulsory leave – This is an administrative leave imposed on an employee by the employer normally to pave way for investigations into possible employment offences which may ultimately lead to the commencement of disciplinary proceedings or termination of employment
  3. Leave of absence – An employee may request for unpaid leave of absence from work for a period of time depending on the organization policy

Tags: Work
Previous Post

Rights of a tenant in Kenya

Next Post

How to send money from M-Pesa to ABC bank account

Victor Mochere

Victor Mochere

Victor Mochere is an award winning blogger, social media influencer, literati savant, altruistic, and a netpreneur creating and marketing digital content.

Related Posts

How to save money
Living

How to save money

by Sam Sark
The process of a Muslim funeral
Living

The process of a Muslim funeral

by Victor Mochere
Essential herbs for building muscles
Living

Essential herbs for building muscles

by Victor Mochere
Factors affecting your YouTube revenue
Living

Factors affecting your YouTube revenue

by Victor Mochere
How to choose the right bank for your financial needs
Living

How to choose the right bank for your financial needs

by Victor Mochere
How to conceive a baby boy
Living

How to conceive a baby boy

by Victor Mochere
Next Post
How to send money from M-Pesa to ABC bank account

How to send money from M-Pesa to ABC bank account

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Comment Policy.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Trending posts

  • Top 10 highest earning creators on OnlyFans

    Top 10 highest earning creators on OnlyFans 2021

    2 shares
    Share 0 Tweet 0
  • Top 10 best gay dating apps 2021

    1 shares
    Share 0 Tweet 0
  • Best quotes on respecting women

    1 shares
    Share 0 Tweet 0
  • Top 20 richest actors in the world 2021

    0 shares
    Share 0 Tweet 0
  • Best sites to watch or download movies for free

    4 shares
    Share 4 Tweet 0

Download our app

Google-play
Shopping-bag
Amazon

Newsletter

Subscribe to our newsletter and get the latest posts delivered to your inbox.

*We hate spam as you do.

Editorial policy

Permission to use quotation from any article is granted subject to full credit of the source being given by referencing the direct link of the article on Victor Mochere. However, reproducing any content on this site without explicit permission is strictly prohibited.

Report a correction or typo

We are committed to upholding our editorial standards, including accuracy. Our policy is to review each issue on a case by case basis, immediately upon becoming aware of a potential error or need for clarification, and to resolve it as quickly as possible. If you notice an error or typo that needs correction, please don’t hesitate to contact us for immediate action.

ABOUT US

Victor Mochere brings you a daily dose of well curated up to date facts, news, opinions and important updates from Kenya, Africa and around the World.

FOLLOW US

Facebook-f
Twitter
Instagram
Pinterest
Linkedin
Youtube
Telegram
Rss

FIND US ON

Newspaper
Flipboard

TOPICS

  • Business
  • Education
  • Entertainment
  • Flacked
  • Governance
  • Life Hacks
  • Living
  • Sports
  • Technology
  • Travel
  • Wealth

DOWNLOAD OUR APP

Google-play
Shopping-bag
Amazon

NEWSLETTER

Subscribe to our newsletter and get the latest posts delivered to your inbox.

*We hate spam as you do.

  • Advertise
  • Disclaimer
  • Copyright
  • DMCA
  • Cookies
  • Privacy Policy
  • Write For Us
  • Contact

Copyright © 2021 Victor Mochere. All rights reserved.

No Result
View All Result
  • Topics
    • Wealth
    • Business
    • Education
    • Travel
    • Technology
    • Living
    • Entertainment
    • Governance
    • Sports
    • Life Hacks
  • About
    • Victor Mochere Bio
  • Archives
  • CPA Notes
  • Digital Marketing
  • Social Media Policy
  • Sitemap

Copyright © 2021 Victor Mochere. All rights reserved.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy Policy and Cookie Policy.