Section 649 of The Companies Act No. 17 of 2015: Information about employee numbers and costs to be included in company’s annual financial statement
(1) If a company is not subject to the small companies regime, the directors of the company shall include in notes to the company’s annual financial statement the following information about the company’s employees:
(a) the average number of persons employed by the company in the financial year; and
(b) the average number of persons so employed within each category of persons employed by the company.
(2) For the purpose of subsection (1)(b), the categories by reference to which the number required to be disclosed is to be determined is to be such as the directors select, having regard to the manner in which the company's activities are organised.
(3) The average number required by subsection (1)(a) or (b) is to be calculated by dividing the relevant annual number by the number of months in the company's financial year.
(4) The relevant annual number is to be calculated in the following manner—
Step 1
Ascertain for each month in the financial year—
(a) for the purposes of subsection (1)(a)—the number of persons employed under contracts of service by the company in that month (whether throughout the month or not); and
(b) for the purposes of subsection (1)(b)—the number of persons in the relevant category of persons so employed;
Step 2
Add together all the monthly numbers.
(5) In respect of all persons employed by the company during the financialyear who are taken into account in determining the relevant annual number for the purposes of subsection (1)(a), the directors shall specify the total amounts respectively of—
(a) wages and salaries paid or payable in respect of that year to those persons; and
(b) costs incurred by the company in respect of retirement and other benefits in respect of those persons.
(6) Subsection (5) does not apply in so far as the amounts, or any of them, arestated elsewhere in the company's annual financial statement.
(7) If the company prepares a group financial statement, this section appliesas if the undertakings included in the consolidation were a single company.
(8) If the directors of a company fail to comply with subsection (1), each director of the company who is in default commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.
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