Kenya Employment Act, 2007

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AN ACT of Parliament to repeal the Employment Act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing.

ENACTED by the Parliament of Kenya, as follows

Contents

PART : PRELIMINARY

PART II : GENERAL PRINCIPLES

PART III : EMPLOYMENT RELATIONSHIP

  • Section 7: Contract of service.
  • Section 8: Oral and written contracts.
  • Section 9: General provision of contract of service.
  • Section 10: Employment particulars.
  • Section 11: Statement of initial particulars.
  • Section 12: Statement on disciplinary rules.
  • Section 13: Statement of changes.
  • Section 14: Reasonably accessible document or collective agreement.
  • Section 15: Informing employees of their rights.

PART IV : PROTECTION OF WAGES

  • 16: Enforcement.
  • 17: Payment, disposal and recovery of wages, allowances, etc.
  • 18: When wages or salaries due.
  • 19: Deduction of wages.
  • 20: Itemised pay statement.
  • 21: Statement of statutory deductions
  • 22: Power to amend provisions on pay and statements of deductions.
  • 23: Security bond for wages.
  • 24: Death of an employee.
  • 25: Repayment of remuneration wrongfully withheld or deducted.

PART V: RIGHTS AND DUTIES IN EMPLOYMENT

  • 26 : Basic minimum conditions of employment.
  • 27: Hours of work.
  • 28: Annual leave.
  • 29: Maternity leave.
  • 30: Sick leave.
  • 31: Housing.
  • 32: Water.
  • 33: Food.
  • 34: Medical attention.

PART VI : TERMINATION AND DISMISSAL

  • 35: Termination notice.
  • 36: Payment in lieu of notice.
  • 37: Conversion of casual employment to term contract.
  • 38: Waiver of notice by employer.
  • 39: Contract expiring on a journey may be extended.
  • 40: Termination on account of redundancy.
  • 41: Notification and hearing before termination on grounds of misconduct.
  • 42: Termination of probationary contracts.
  • 43: Proof of reason for termination.
  • 44: Summary dismissal.
  • 45: Unfair termination.
  • 46: Reasons for termination or discipline.
  • 47: Complaint of summary dismissal and unfair termination.
  • 48: Representation.
  • 49: Remedies for wrongful dismissal and unfair termination.
  • 50: Courts to be guided.
  • 51: Certificate of service.

PART VII : PROTECTION OF CHILDREN

  • 52: Interpretation.
  • 53: Prohibition of worst forms of child labour.
  • 54: Complaint to the labour officer or police officer.
  • 55: Powers of labour officer to cancel and prohibit contracts.
  • 56: Prohibition of employment of children between thirteen years and sixteen years of age.
  • 57: Prohibition of written contracts for child between thirteen and sixteen years of age.
  • 58: Restriction in employing child of between thirteen and sixteen years of age to attend machinery.
  • 59: Time restriction in employing a child.
  • 60: Emergencies.
  • 61: Registers of child in employment.
  • 62: Medical examination of a child employee.
  • 63: Determination of Age.
  • 64: Penalty for unlawful employment of child.
  • 65: Penalty in case of death or injury.

PART VIII : INSOLVENCY OF EMPLOYER

  • 66: Insolvency of employer.
  • 67: Definition of insolvency.
  • 68: Debts to which Part applies.
  • 69: Limitation on amount payable under section 68.
  • 70: Role of relevant officer.
  • 71: Complaint to Industrial Court.
  • 72: Transfer of rights and remedies.
  • 73: Power to obtain information.

PART IX : EMPLOYMENT RECORDS

  • 74: Records to be kept by employer.
  • 75: False entries etc.

PART X : EMPLOYMENT MANAGEMENT

  • 76: Notification of vacancies.
  • 77: Notification of filling or abolition of post.
  • 78: Notification of termination of employment.
  • 79: Register of employees.
  • 80: Exemptions.
  • 81: Offence under Part.

PART XI : FOREIGN CONTRACTS OF SERVICE

  • 82: Application of Part.
  • 83: Form and attestation.
  • 84: Requirement before attestation.
  • 85: Security in foreign contract of service.
  • 86: Offence to induce person to proceed abroad under informal contract.

PART XII : DISPUTES SETTLEMENT PROCEDURE

  • 87: Complaint and jurisdiction in cases of dispute between employers
  • and employees.
  • 88: General penalty and offences under other laws.
  • 89: Saving of Contracts of service made abroad.
  • 90: Limitations.

PART XIII : MISCELLANEOUS PROVISIONS

  • 91: Rules.
  • 92: Repeal of Cap.226 and savings
  • 93: Transitional Provision.


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