Kenya has established a robust legal framework to protect the rights and welfare of workers. This framework is primarily governed by the Employment Act, 2007, the Labour Relations Act, 2007, the Labour Institutions Act, 2007, and the Occupational Safety and Health Act, 2007. These laws aim to ensure fair treatment, safe working conditions, and clear procedures for employment relationships, from hiring through to termination.
Understanding these regulations is crucial for employers operating in Kenya to ensure compliance and foster positive employee relations. The legal protections cover various aspects of employment, including fair termination processes, non-discrimination, minimum working standards, workplace safety, and avenues for resolving disputes.
Termination Rights and Procedures
The termination of an employment contract in Kenya must adhere to specific legal requirements to be considered lawful. Grounds for termination include mutual agreement, expiry of a fixed-term contract, redundancy, summary dismissal for gross misconduct, and termination with notice for valid reasons such as poor performance or incapacity. Employers must follow fair procedure, which typically involves providing the employee with an opportunity to be heard.
Notice periods are legally mandated unless the termination is due to summary dismissal for gross misconduct. The required notice period depends on how the employee is paid and the length of service, although contracts may stipulate longer periods.
| Payment Frequency | Minimum Notice Period |
|---|---|
| Daily | End of the day |
| Weekly | One week |
| Fortnightly | Two weeks |
| Monthly | One month |
Upon lawful termination, employees are generally entitled to payment for days worked up to the termination date, accrued but untaken annual leave, and any other terminal benefits specified in their contract or a collective bargaining agreement. In cases of redundancy, employees are also entitled to severance pay at a rate of not less than fifteen days' pay for each completed year of service.
Anti-Discrimination Laws and Enforcement
Kenyan law prohibits discrimination in employment based on various protected characteristics. The Constitution of Kenya provides broad protection against discrimination, and the Employment Act specifically addresses discrimination in the workplace.
| Protected Characteristic |
|---|
| Race |
| Colour |
| Ethnic origin |
| Tribe |
| Belief |
| Religion |
| Political opinion |
| Sex |
| Gender |
| Marital status |
| Age |
| Disability |
| HIV status |
| Property |
| Birth |
Discrimination is prohibited in recruitment, training, promotion, terms and conditions of employment, and termination. Employees who believe they have been subjected to discrimination can file a complaint with the Labour Officer or pursue the matter through the Employment and Labour Relations Court.
Working Conditions Standards and Regulations
The Employment Act sets minimum standards for working conditions. These include regulations on working hours, rest periods, public holidays, and various types of leave.
- Working Hours: The standard working week is typically 52 hours, though this can vary based on industry and agreement. Daily hours are generally limited, with provisions for overtime pay.
- Rest Periods: Employees are entitled to a rest period of at least twenty-four consecutive hours in every period of seven days. Daily rest breaks are also required.
- Public Holidays: Employees are entitled to paid leave on gazetted public holidays.
- Annual Leave: Employees are entitled to a minimum of twenty-one working days of paid annual leave after twelve consecutive months of service.
- Sick Leave: Employees are entitled to sick leave with full pay for the first seven days and half pay for the next seven days in any twelve consecutive months of service, provided they produce a valid medical certificate.
- Maternity Leave: Female employees are entitled to three months of maternity leave with full pay. They must give at least seven days' notice in writing.
- Paternity Leave: Male employees are entitled to two weeks of paternity leave with full pay.
Minimum wage rates are set by the government and vary depending on the sector and location (urban vs. rural). Employers must adhere to these minimums.
Workplace Health and Safety Requirements
The Occupational Safety and Health Act, 2007, places significant obligations on employers to ensure the health, safety, and welfare of their employees and others at the workplace.
Key employer duties include:
- Providing and maintaining safe plant and systems of work.
- Ensuring the safety and absence of risks to health in connection with the use, handling, storage, and transport of articles and substances.
- Providing necessary information, instruction, training, and supervision.
- Maintaining the workplace in a condition that is safe and without risks to health.
- Providing and maintaining adequate access to and egress from the workplace.
- Providing and maintaining a safe working environment that is without risks to health.
Employees also have duties, such as taking reasonable care for their own safety and that of others, and cooperating with the employer on safety matters. The Directorate of Occupational Safety and Health Services (DOSHS) is the primary body responsible for enforcing the Act. Employers must register their workplaces and comply with safety regulations specific to their industry.
Dispute Resolution Mechanisms for Workplace Issues
When workplace disputes arise, several mechanisms are available for resolution, ranging from internal processes to external legal avenues.
- Internal Grievance Procedures: Employees should first attempt to resolve issues through the internal grievance procedures established by the employer. This typically involves raising the issue with a supervisor or HR department.
- Labour Officers: If the internal process fails or is unavailable, an employee can report the dispute to a Labour Officer at the Ministry of Labour. Labour Officers have the power to investigate complaints, mediate disputes, and make recommendations or issue directives.
- Conciliation and Mediation: The Labour Relations Act encourages conciliation and mediation as methods for resolving disputes, often facilitated by appointed conciliators.
- Employment and Labour Relations Court: If a dispute cannot be resolved through internal or administrative processes, either party can refer the matter to the Employment and Labour Relations Court. This court has the status of the High Court and specializes in handling employment and labour disputes, including unfair termination, discrimination claims, and disputes over terms and conditions of employment.
Employees have the right to seek redress for violations of their rights through these channels. The specific process followed depends on the nature of the dispute.
