The Kenyan labour laws, primarily enshrined in the Employment Act, 2007, outline the fundamental rights and protections for workers in the country. Understanding your rights as an employee in Kenya will ensure you are treated fairly and lawfully in the workplace. In this article, we provide an in-depth overview of these rights, citing specific laws and chapters for clarity.
The right to fair pay is a cornerstone of employment law in Kenya. According to Section 17 of the Employment Act, 2007, employers are required to pay wages promptly, and any agreed remuneration must meet the minimum wage standards set by the government.
Minimum Wage: The Regulation of Wages Order sets the minimum wage rates based on different sectors and regions. Employers who fail to comply with these standards violate the law.
Deductions: Section 19 of the Employment Act states that only lawful deductions, such as statutory contributions (e.g., NSSF, NHIF), can be made from an employee's wages.
Employees are entitled to reasonable working hours and compensation for overtime. The Employment Act stipulates the following:
Working Hours: Section 27 of the Employment Act states that employees should not be compelled to work excessive hours beyond those agreed upon in their employment contract.
Overtime Pay: Employees working overtime must be compensated at a rate of 1.5 times their normal hourly wage for weekday overtime and twice the hourly rate for work done on public holidays or rest days.
The Employment Act grants employees various forms of paid leave, ensuring they can rest and recuperate without financial loss:
Annual Leave: Section 28 provides for at least 21 working days of paid leave annually after 12 months of continuous service.
Sick Leave: Section 30 entitles employees to at least seven days of sick leave with full pay and another seven days with half pay upon providing a valid medical certificate.
Maternity and Paternity Leave: Section 29 guarantees female employees at least three months of paid maternity leave, while male employees are entitled to two weeks of paternity leave.
Employees in Kenya are protected against arbitrary or unlawful termination. Section 45 of the Employment Act outlines the conditions for fair termination:
Valid Reasons: Termination must be based on valid reasons related to the employee's conduct, capacity, or the employer’s operational requirements.
Procedure: Employers must follow due process, including issuing a notice and conducting a hearing, as per Section 41.
Remedies for Unfair Dismissal: If unfairly dismissed, an employee can seek compensation of up to 12 months’ salary under Section 49.
If an employee gives notice to leave and the employer decides to let them leave earlier (without making them work the full notice period), the employer must pay the employee for the time they didn’t work, unless both agree to something else.
Either party can end a contract without notice by paying the other person the amount they would have received or paid if they had worked through the notice period.
Laws concerning health and safety are vested in the Occupational and Safety and Health Act (OSHA), 2007. The law ensures that employees work in safe and healthy environments:
Employer Responsibilities: Section 6 of OSHA mandates employers to provide safe systems of work, proper equipment, and training on health and safety practices.
Reporting Hazards: Employees have the right to report unsafe conditions without fear of retaliation (Section 13).
The Employment Act, under Section 5, prohibits discrimination in the workplace based on race, gender, religion, disability, or other factors:
Equal Pay: Employers must provide equal remuneration for work of equal value.
Protection Against Harassment: Section 6 mandates that employers take steps to prevent sexual harassment in the workplace.
Employees in Kenya are entitled to retirement benefits under the National Social Security Fund (NSSF) Act, 2013:
Contributions: Employers and employees must contribute to the NSSF as per Section 19 of the Act.
Benefits: Upon retirement, employees receive a pension or lump sum payment based on their contributions.
The law provides mechanisms for resolving workplace disputes:
Filing Complaints: Employees can file complaints with the Ministry of Labour or the Employment and Labour Relations Court.
Arbitration: Alternative dispute resolution methods, such as mediation, are encouraged under Section 62 of the Labor Relations Act.
Employers are strictly prohibited from using forced or compulsory labour, including recruiting or trafficking workers under coercion.
Exceptions include military service, civic obligations, and emergencies, as detailed under the law.
Employers must either provide reasonable housing near the workplace or pay employees sufficient allowances to secure accommodation.
Contracts that consolidate housing allowances within the basic salary must specify this arrangement.
Employers are obligated to provide employees with a sufficient supply of clean, wholesome water.
If food provision is agreed upon in the contract, the employer must ensure the employee is adequately fed and equipped with proper cooking facilities.
Employers are required to provide appropriate medical treatment for employees during illness and, when necessary, medical care for serious illness or injury.
This does not apply if the illness or injury is self-inflicted or if the employee is covered under a government or insurance medical scheme.
Employers must notify employees, unions, and labour officers of redundancy at least one month in advance.
Employees declared redundant are entitled to severance pay of no less than 15 days’ wages for each completed year of service.
Casual employees who work continuously for a period exceeding one month or perform tasks lasting three months or more are entitled to the same benefits as regular employees, including notice periods and leave.
Employing children under 13 years is strictly prohibited.
Children between 13 and 16 can only be engaged in light work that does not endanger their health, safety, or education.
Employers must maintain comprehensive records, including contracts, wage payment details, and leave entitlements, for up to five years after termination.
Employers must ensure equality of opportunity and protection for migrant workers and their families lawfully residing in Kenya.
Employees in Kenya have the constitutional right to form or join trade unions. Article 41 of the Constitution and the Labor Relations Act, 2007, emphasize these rights:
Union Membership: Employees can join trade unions of their choice without interference from employers.
Collective Bargaining: Section 57 of the Labor Relations Act allows unions to negotiate collective agreements on behalf of their members.
Employees in Kenya are protected from sexual harassment under the Sexual Offences Act and the Employment Act.
The Kenya Employment Act defines sexual harassment as a situation where an employee is subjected to unwanted sexual requests, language, visual material, or physical behaviour that affects their job performance, satisfaction, or employment status.
Some key protections against sexual harassment include a zero-tolerance policy where employers are mandated to enforce policies that prevent sexual harassment in the workplace. Others include the right to report, legal action, and compensation.
Under Kenya's Sexual Offences Act, anyone convicted of sexual harassment may be sentenced to at least three years in prison, fined Sh100,000, or both.
As an employee or job seeker in Kenya, you need to know your rights. This is expedient for ensuring fair treatment and navigating workplace challenges. By understanding the laws cited above, you can better protect yourself and seek legal remedies if your rights are violated.
To find out more, download the Kenya Employment Act
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