Employment and labor law in Kenya is primarily governed by the Employment Act, 2007, which provides the legal framework for employment relationships in the country. The law sets out the rights and obligations of both employers and employees and aims to promote fair employment practices. Here are some key aspects of employment and labor law that we handle:
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Employment Contracts: The Employment Act requires employers to provide written employment contracts to employees within three months of starting employment. The contracts should include terms and conditions of employment, such as job description, working hours, remuneration, leave entitlements, termination provisions, and dispute resolution mechanisms.
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Minimum Employment Standards: The law sets out minimum standards for employment, including provisions related to minimum wages, working hours, annual leave, sick leave, maternity leave, public holidays, and termination notice periods. These standards are aimed at ensuring fair treatment and protecting the rights of employees.
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Health and Safety: Employers in Kenya have a legal duty to provide a safe and healthy working environment for their employees. The law requires employers to take necessary measures to prevent accidents, provide appropriate training and protective equipment, and establish health and safety committees in workplaces with a certain number of employees.
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Discrimination and Harassment: The Employment Act prohibits discrimination in employment on the grounds of race, sex, pregnancy, marital status, disability, religion, or political opinion. It also prohibits sexual harassment in the workplace and requires employers to take steps to prevent and address any such incidents.
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Termination of Employment: The law outlines the procedures and requirements for the termination of employment, including notice periods, severance pay, and redundancy procedures. It sets out the grounds for lawful termination and provides protection against unfair dismissal.
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Collective Bargaining and Trade Unions: The Employment Act recognizes the right of employees to form and join trade unions and to engage in collective bargaining. It outlines the procedures for trade union registration, rights and obligations of trade unions, and the process for resolving disputes between employers and trade unions.
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Dispute Resolution: The law provides for the resolution of employment disputes through conciliation and arbitration. It establishes the Employment and Labor Relations Court, which has jurisdiction over employment-related disputes and provides a forum for employees and employers to seek redress.
