Section 74 of Employment Act CAP 226: Records to be kept by employer
(1) An employer shall keep a written record of all employees employed by him, with whom he has entered into a contract under this Act which shall contain the particulars—
(a) of a policy statement under section 6(2) where applicable;
(b) specified in section 10(3);
(c) specified in section 13;
(d) specified in sections 21 and 22;
(e) of an employee’s weekly rest days specified in section 27;
(f) of an employee’s annual leave entitlement, days taken and days due specified in section 28;
(g) of maternity leave specified in section 29;
(h) of sick leave specified in section 30;
(i) where the employer provides housing, particulars of the accommodation provided and, where the wage rates are deconsolidated particulars of the house allowance paid to the employee;
(j) of food rations where applicable;
(k) specified in section 61;
(l) of a record of warning letters or other evidence of misconduct of an employee; and
(m) any other particulars required to be kept under any written law or as may be prescribed by the Minister.
(2) An employer shall permit an authorised officer who may require an employer to produce for inspection the record for any period relating to the preceding thirty-six months to examine the record.
(3) Where an employer who employs a child maintains a register in accordance with section 61, the employer shall be deemed to have complied with this section if the register contains in relation to each child, the particulars required to be kept by the employer under subsection (1).
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 75 - False entries, etc.
A person who makes, causes to be made or knowingly allows to be made an entry in a register, record, book or other document whatsoever, required by this Act to be kept, which that person knows to be...
- Section 76 - Notification of vacancies
(1) This Part shall apply to an employer who employs twenty-five employees or more.
(2) An employer shall notify the Director of every vacancy occurring in his establishment, business or work place...
- Section 77 - Notification of filling or abolition of post
When a post, which has been notified to the Director as vacant, has been filled or has been abolished before being filled, the employer shall notify the employment service office of this in writing...
- Section 78 - Notification of termination of employment
An employer shall notify the termination of every employment and of each layoff of a person in writing to the nearest employment service office within two weeks of the termination or lay-off.
- Section 79 - Register of employees
An employer shall keep a register in which the employer shall enter the full name, age, sex, occupation, date of employment, nationality and educational level of each of his employees and a return of...
- Section 80 - Exemptions
The Minister may exempt any category of employers, any sector of industry or any industry from this Part, or any section of this Part or may vary the limit of its application provided under section 76...
- Section 81 - Offence under this Part
An employer who contravenes any of the provisions of this Part commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term...
- Section 82 - Form and attestation
A foreign contract of service shall be in the prescribed form, signed by the parties thereto, and shall be attested by a labour officer.
- Section 83 - Requirement before attestation
A foreign contract of service shall not be attested unless the labour officer is satisfied—
(a) that the consent of the employee to the contract has been obtained;
(b) of the absence of any fraud,...
- Section 84 - Security in foreign contract of service
(1) When the employer who enters into a foreign contract of service does not reside or carry on business within Kenya, the employer shall, or where the employer resides in Kenya, the labour officer...
- Section 85 - Offence to induce person to proceed abroad under informal contract
A person who—
(a) employs, engages, or knowingly aids in the employment or engagement of, a person with the intention that when so employed or engaged that person shall proceed outside the limits of...
- Section 86 - Offence to induce person to proceed abroad under informal contract
A person who—
(a) employs, engages, or knowingly aids in the employment or engagement of, a person with the intention that when so employed or engaged that person shall proceed outside the limits of...
- Section 87 - Complaint and jurisdiction in cases of dispute between employers and employees
(1) Subject to the provisions of this Act whenever—
(a) an employer or employee neglects or refuses to fulfill a contract of service; or
(b) any question, difference or dispute arises as to the...
- Section 88 - General penalty and offences under other laws
(1) A person, other than a child, who commits an offence under this Act, or contravenes or fails to comply with any of the provisions of this Act for which no penalty is specifically provided shall be...
- Section 89 - Savings of contracts of service made abroad
(1) Nothing in this Act shall prevent an employer or employee from enforcing their respective rights and remedies for any breach or non-performance of a lawful contract of service made outside Kenya,...
- Section 90 - Limitations
Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act (Cap. 22), no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie...
- Section 91 - Rules
(1) The Minister may, after consultation with the Board, make rules providing for all or any of the purposes, for the administration of this Act or that may be necessary or expedient for carrying out...
- Section 92 - Repeal of Cap. 226 and savings
(1) The Employment Act is repealed.
(2) Except where otherwise provided, the provisions of this Act shall be in addition to, and not in substitution for or in derogation of, the provisions of any...
- Section 93 - Transitional provisions
A valid contract of service, and foreign contract of service to which Part XI applies, entered into in accordance with the Employment Act (now repealed) shall continue in force to the extent that the...