Section 13 of Employment Act CAP 226: 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 change.
(2) For the purposes of subsection (1)—
(a) in relation to particulars which are included or referred to in a statement given under section 10 otherwise than in instalments, the material date is the date to which the statement relates;
(b) in relation to a matter particulars of which—
(i) are included or referred to in an instalment of a statement given under section 10; or
(ii) are required by section 11(4) to be included in a single document but are not included in an instalment of a statement given under section 10 which does include other particulars to which that provision applies, the material date is the date to which the instalment relates; and
(c) in relation to any other matter the material date is the date by which a statement under section 10 is required to be given.
(3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than—
(a) one month after the change in question; or
(b) where that change results from the employee being required to work
outside Kenya for a period of more than one month, the time when the employee leaves to start work if that is earlier.
(4) A statement under subsection (1) may refer the employee to the provision of a document which is accessible to the employee for a change in any of the matters specified in section 10(3)(ii) and (iii) and section 12(1)(a) and (c).
(5) A statement under subsection (1) may refer the employee for a change in either of the matters specified in section 10(3)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.
(6) Where, after an employer has given to an employee a statement under section 10 either—
(a) the name of the employer is changed without any change in the identity of the employer; or
(b) the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken, and subsection (7) applies in relation to the change,
the person who is the employer immediately after the change is not required to give to the employee a statement under section 12 but the change shall be treated as a change within subsection (1).
(7) Subsection (6) applies in relation to a change if it does not involve any change in any of the matters, other than the names of the parties, particulars of which are required by sections 10 and 11 to be included or referred to in the statement under subsection (1).
(8) A statement under subsection (1) which informs an employee of a change referred to in subsection (6)(b) shall specify the date on which the employee’s period of continuous employment began.
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