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Kenya Employment Act, 2007
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
- 1 PART : PRELIMINARY
- 2 PART II : GENERAL PRINCIPLES
- 3 PART III : EMPLOYMENT RELATIONSHIP
- 4 PART IV : PROTECTION OF WAGES
- 5 PART V: RIGHTS AND DUTIES IN EMPLOYMENT
- 6 PART VI : TERMINATION AND DISMISSAL
- 7 PART VII : PROTECTION OF CHILDREN
- 8 PART VIII : INSOLVENCY OF EMPLOYER
- 9 PART IX : EMPLOYMENT RECORDS
- 10 PART X : EMPLOYMENT MANAGEMENT
- 11 PART XI : FOREIGN CONTRACTS OF SERVICE
- 12 PART XII : DISPUTES SETTLEMENT PROCEDURE
- 13 PART XIII : MISCELLANEOUS PROVISIONS
- 14 Related Acts
PART : PRELIMINARY
PART II : GENERAL PRINCIPLES
- Section 4: Prohibition against forced labour.
- Section 5: Discrimination in employment.
- Section 6: Sexual harassment.
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
- Section 16: Enforcement.
- Section 17: Payment, disposal and recovery of wages, allowances, etc.
- Section 18: When wages or salaries due.
- Section 19: Deduction of wages.
- Section 20: Itemised pay statement.
- Section 21: Statement of statutory deductions
- Section 22: Power to amend provisions on pay and statements of deductions.
- Section 23: Security bond for wages.
- Section 24: Death of an employee.
- Section 25: Repayment of remuneration wrongfully withheld or deducted.
PART V: RIGHTS AND DUTIES IN EMPLOYMENT
- Section 26: Basic minimum conditions of employment.
- Section 27: Hours of work.
- Section 28: Annual leave.
- Section 29: Maternity leave.
- Section 30: Sick leave.
- Section 31: Housing.
- Section 32: Water.
- Section 33: Food.
- Section 34: Medical attention.
PART VI : TERMINATION AND DISMISSAL
- Section 35: Termination notice
- Section 36: Payment in lieu of notice
- Section 37: Conversion of casual employment to term contract
- Section 38: Waiver of notice by employer
- Section 39: Contract expiring on a journey may be extended
- Section 40: Termination on account of redundancy
- Section 41: Notification and hearing before termination on grounds of misconduct
- Section 42: Termination of probationary contracts
- Section 43: Proof of reason for termination
- Section 44: Summary dismissal
- Section 45: Unfair termination
- Section 46: Reasons for termination or discipline
- Section 47: Complaint of summary dismissal and unfair termination
- Section 48: Representation
- Section 49: Remedies for wrongful dismissal and unfair termination
- Section 50: Courts to be guided
- Section 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.
- Industrial Court Act, 2011
- Industrial Training (Amendment) Act, 2011
- National Gender and Equality Commission Act, 2011
- Salaries and Remuneration Commission Act, 2011