Section 2 of Employment Act CAP 226: Interpretation
In this Act, unless the context otherwise requires—
“authorised officer” means a labour officer, employment officer or medical officer;
“Board” means the National Labour Board;
“casual employee” means a person the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than twenty-four hours at a time;
“child” means a person who has not attained the age of eighteen years;
“collective agreement” means a registered agreement concerning any terms and conditions of employment made in writing between a trade union and an employer, group of employers or employers’ organization;
“contract of service” means an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;
“dependent” means a member of an employee’s family or a relative who substantially depends on that employee for his livelihood;
“Director” means a person appointed as the Director of Employment;
“disability” means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on a person’s social and economic participation;
“employee” means a person employed for wages or a salary and includes an apprentice and indentured learner;
“employer” means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;
“forced or compulsory labour” means any work or service which is extracted from any person under the threat of any penalty, including the threat of a loss of rights or privileges, which is not offered voluntarily by the person doing the work or performing the service;
“HIV” means the Human Immune-Deficiency Virus;
“industrial undertaking” includes—
(a) a mine, quarry and other works for the extraction of any substance from the surface or under the surface of the earth;
(b) a factory or a place where raw materials are manufactured, processed or packaged;
(c) the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephone installation, electrical undertaking, gas work, water work or other work of construction, as well as the preparation for or laying of the foundations of any such work or structure; or
(d) transport of passengers or goods by road, rail, or inland waterway, including the handling of goods at docks, quays, wharves and warehouses, but excluding transport by hand:
Provided that—
(i) the Minister, if he sees fit so to do, having regard to the nature of the work involved in any employment carried on in any industrial undertaking, may by order declare that the employment shall be excluded from the provisions of this Part relating to industrial undertakings, and thereupon the employment shall be deemed not to be employment in an industrial undertaking for the purposes of this Part;
(ii) an undertaking of which a part only is an industrial undertaking shall not for that reason alone be deemed to be an industrial undertaking;
“labour inspector” means a person appointed as a labour inspector;
“labour officer” means a person appointed as the Commissioner of Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of Labour, an Assistant Commissioner of Labour, a Chief Industrial Relations Officer, a Deputy Chief Industrial Relations Officer, a Senior Labour Officer, an Industrial Relations Officer or a Labour Officer;
“lock-out” means the closing of a place of employment or the suspension of work or refusal by an employer to employ any employees—
(a) for the purpose of compelling the employees of the employer to accept any demand in request of a trade dispute; and
(b) not for the purpose of finally terminating employment;
“migrant worker” means a person who migrates to Kenya with a view to being employed by an employer and includes any person regularly admitted as a migrant worker;
“mine” includes an undertaking, whether public or private, for the extraction of a substance from the surface, or from under the surface of the earth;
“Minister” means the Minister for the time being responsible for labour matters;
“organisation” includes employees’ trade unions and employers’ organisations;
“parties” means the parties to a contract of service;
“piece work” means any work the pay for which is ascertained by the amount of work performed irrespective of the time occupied in its performance;
“probationary contract” means a contract of employment, which is of not more than twelve months duration or part thereof, is in writing and expressly states that it is for a probationary period;
“redundancy” means the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment;
“Registrar” means the Registrar of Trade Unions;
“remuneration” means the total value of all payments in money or in kind, made or owing to an employee arising from the employment of that employee;
“strike” means the cessation of work by employees acting in combination, or a concerted refusal or a refusal under a common understanding of employees to continue to work, for the purpose of compelling their employer or an employers’ organization of which their employer is a member, to accede to any demand in respect of a trade dispute;
“task” means such amount of work as can, in the opinion of an authorised officer, be performed by an employee in an ordinary working day;
“trade union” means an association of employees whose principal purpose is to regulate relations between employees and employers and includes an employers’ organisation;
“woman” means a female of the age of eighteen years or above;
“worst form of child labour” with respect to juveniles, means their employment, engagement or usage in any activity comprising of—
(a) all forms of slavery or practices similar to slavery, such as the sale
and trafficking of children, debt bondage and serfdom and forced or compulsory recruitment of children for use in armed conflict;
(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
(c) the use, procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined in the relevant international treaties;
(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child;
“young person” means a child who has attained the age of sixteen years but has not attained the age of eighteen years.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 3 - Application
(1) This Act shall apply to all employees employed by any employer under a contract of service.
(2) This Act shall not apply to—
(a) the armed forces or the reserve as respectively defined in the...
- Section 4 - Prohibition against forced labour
(1) No person shall use or assist any other person in recruiting, trafficking or using forced labour.
(2) The term “forced or compulsory labour” shall not include—
(a) any work or service exacted...
- Section 5 - Discrimination in employment
(1) It shall be the duty of the Minister, labour officers and the Industrial Court—
(a) to promote equality of opportunity in employment in order to eliminate discrimination in employment; and...
- Section 6 - Sexual harassment
(1) An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker—
(a) directly or indirectly requests that employee for sexual intercourse,...
- Section 7 - Contract of service
No person shall be employed under a contract of service except in accordance with the provisions of this Act.
- Section 8 - Oral and written contracts
The provisions of this Act shall apply to oral and written contracts.
- Section 9 - General provision of contract of service
(1) A contract of service—
(a) for a period or a number of working days which amount in the aggregate to the equivalent, of three months or more; or
(b) which provides for the performance of any...
- Section 10 - Employment particulars
(1) A written contract of service specified in section 9 shall state particulars of employment which may, subject to subsection (3), be given in instalments and shall be given not later than two...
- Section 11 - Statement of initial particulars
(1) If in the case of a statement under section 10 there are no particulars to be entered under subsection (2)(d) or (j) or under any of the other provisions of section 10(2) or (3), that fact shall...
- Section 12 - Statement on disciplinary rules
(1) A statement under section 10 shall—
(a) specify the disciplinary rules applicable to the employee or refer the
employee to the provisions of a document which is reasonably accessible to the...
- Section 13 - Statement of changes
(1) If, after the material date there is a change in any of the particulars required under sections 10 and 12, the employer shall give to the employee a written statement containing particulars of the...
- Section 14 - Reasonably accessible document or collective agreement
In sections 11, 12 and 13, references to a document or collective agreement which is reasonably accessible to an employee are references to a document or collective agreement which—
(a) the employee...
- Section 15 - Informing employees of their rights
An employer shall display a statement in the prescribed form of the employee’s rights under this Act in a conspicuous place, which is accessible to all the employees.
- Section 16 - Enforcement
(1) Where an employer does not give an employee a statement as required by section 10, 12 or 13 or an itemised pay statement as required by section 20, the employee may file a complaint with the...
- Section 17 - Payment, disposal and recovery of wages, allowances, etc.
(1) Subject to this Act, an employer shall pay the entire amount of the wages earned by or payable to an employee in respect of work done by the employee in pursuance of a contract of service...
- Section 18 - When wages or salaries due
(1) Where a contract of service entered into under which a task or piece-work is to be performed by an employee, the employee shall be entitled—
(a) when the task has not been completed, at the...
- Section 19 - Deduction of wages
(1) Notwithstanding section 17(1), an employer may deduct from the wages of his employee—
(a) any amount due from the employee as a contribution to any provident fund or superannuation scheme or any...
- Section 20 - Itemised pay statement
(1) An employer shall give a written statement to an employee at or before the time at which any payment of wages or salary is made to the employee.
(2) The statement specified in subsection (1)...
- Section 21 - Statement of statutory deductions
(1) A pay statement issued in accordance with section 20 need not contain separate particulars of statutory deductions if—
(a) it contains an aggregate amount of statutory deduction, including that...
- Section 22 - Power to amend provisions on pay and statements of deductions
The Minister may on the advice of the Board—
(a) vary the provisions of sections 20 and 21 as to the particulars which must be included in a pay statement or a statement of statutory deductions by...
- Section 23 - Security bond for wages
(1) An employer who is not incorporated or resident in Kenya may be required by the Minister to pay a bond assessed at the equivalent of one month’s wages for all employees employed or to be employed...
- Section 24 - Death of an employee
(1) When the death of an employee from any cause whatsoever is brought to the notice or comes to the knowledge of the employee’s employer, the employer shall as soon as practicable thereafter, give...
- Section 25 - Repayment of remuneration wrongfully withheld or deducted
(1) Without prejudice to any other liability for a breach of the provisions of this Part, an employer who contravenes the provisions of this Part commits an offence and shall on conviction be liable...
- Section 26 - Basic minimum conditions of employment
(1) The provisions of this Part and Part VI shall constitute basic minimum terms and conditions of contract of service.
(2) Where the terms and conditions of a contract of service are regulated by...
- Section 27 - Hours of work
(1) An employer shall regulate the working hours of each employee in accordance with the provisions of this Act and any other written law.
(2) Notwithstanding subsection (1), an employee shall be...
- Section 28 - Annual leave
(1) An employee shall be entitled—
(a) after every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay;
(b) where employment is...
- Section 29 - Maternity leave
(1) A female employee shall be entitled to three months maternity leave with full pay.
(2) On expiry of a female employee’s maternity leave as provided in subsections (1) and (3), the female...
- Section 30 - Sick leave
(1) After two consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with...
- Section 31 - Housing
(1) An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee...
- Section 32 - Water
An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing...
- Section 33 - Food
(1) An employer shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service, ensure that an employee is properly fed and supplied with...
- Section 34 - Medical attention
(1) Subject to subsection (2), an employer shall ensure the sufficient provision of proper medicine for his employees during illness and if possible, medical attendance during serious illness....
- Section 35 - Termination notice
(1) A contract of service not being a contract to perform specific work, without reference to time or to undertake a journey shall, if made to be performed in Kenya, be deemed to be—
(a) where the...
- Section 36 - Payment in lieu of notice
Either of the parties to a contract of service to which section 35(5) applies, may terminate the contract without notice upon payment to the other party of the remuneration which would have been...
- Section 37 - Conversion of causal employment to term contract
(1) Notwithstanding any provisions of this Act, where a casual employee—
(a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less...
- Section 38 - Waiver of notice by employer
Where an employee gives notice of termination of employment and the employer waives the whole or any part of the notice, the employer shall pay to the employee remuneration equivalent to the period of...
- Section 39 - Contract expiring on a journey may be extended
If the period expressed in a contract of service expires, or if an employee seeks to terminate a contract where no agreement is expressed respecting its duration while the employee is engaged on a...
- Section 40 - Termination on account of redundancy
(1) An employer shall not terminate a contract of service on account of redundancy unless the employer complies with the following conditions—
(a) where the employee is a member of a trade union,...
- Section 41 - Notification and hearing before termination on grounds of misconduct
(1) Subject to section 42(1), an employer shall, before terminating the employment of an employee, on the grounds of misconduct, poor performance or physical incapacity explain to the employee, in a...
- Section 42 - Termination of probationary contracts
(1) The provisions of section 41 shall not apply where a termination of employment terminates a probationary contract.
(2) A probationary period shall not be more than six months but it may be...
- Section 43 - Proof of reason for termination
(1) In any claim arising out of termination of a contract, the employer shall be required to prove the reason or reasons for the termination, and where the employer fails to do so, the termination...
- Section 44 - Summary dismissal
(1) Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory...
- Section 45 - Unfair termination
(1) No employer shall terminate the employment of an employee unfairly.
(2) A termination of employment by an employer is unfair if the employer fails to prove—
(a) that the reason for the...
- Section 46 - Reasons for termination or discipline
The following do not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty—
(a) a female employee’s pregnancy, or any reason connected with her pregnancy;
(b) the...
- Section 47 - Complaint of summary dismissal and unfair termination
(1) Where an employee has been summarily dismissed or his employer has unfairly terminated his employment without justification, the employee may, within three months of the date of dismissal, present...
- Section 48 - Representation
In any complaint made under section 47, no advocate shall represent a party in the proceedings before a labour officer, but any party may be assisted or represented by an official of a trade union or...
- Section 49 - Remedies for wrongful dismissal and unfair termination
(1) Where in the opinion of a labour officer summary dismissal or termination of a contract of an employee is unjustified, the labour officer may recommend to the employer to pay to the employee any...
- Section 50 - Courts to be guided
In determining a complaint or suit under this Act involving wrongful dismissal or unfair termination of the employment of an employee, the Industrial Court shall be guided by the provisions of section...
- Section 51 - Certificate of service
(1) An employer shall issue to an employee a certificate of service upon termination of his employment, unless the employment has continued for a period of less than four consecutive weeks.
(2) A...
- Section 52 - Interpretation
In this Part, except where the context otherwise requires—
“employment” means employment of a child in a situation where—
(a) the child provides labour as an assistant to another person and his...