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Section 2 of The Labour Relations Act 2007: Interpretation

    

In this Act, unless the context otherwise requires― “authorised representative” means –
(a) the general secretary of a trade union;
(b) an employer or the chief executive officer of an employer;
(c) the secretary of a group of employers;
(d) the chief executive or association secretary of an employers’ organisation; or
(e) any person appointed in writing by an authorised representative to perform the functions of the authorised representative.
“award” means an award made by the Industrial Court;
“Board” means the National Labour Board;
“collective agreement” means a written agreement concerning any terms and conditions of employment made between a trade union and an employer, group of employers or organisation of employers;
“Committee of Inquiry” means a Committee of Inquiry appointed by the Minister to inquire into any matter relevant to a trade dispute;
“contract of service” means any agreement, whether oral or in writing, expressed or implied, to employ or to serve as an employee in return for remuneration, and includes contract of apprenticeship and indentured learnership;
“conciliation” means the act or process of conciliating;
“contract of apprenticeship and learnership” means a contract of service where there is –
(a) an obligation on the employer to take all reasonable steps to ensure that the employee is taught, and acquires the knowledge and skills of that industry, by means of practical training received in the cause of the employee’s training and employment; and
(b) a provision for formal recognition of the fact that the employee has acquired the knowledge and skills intended to be acquired where the employee has done so;
“employee” means a person employed for wages or a salary and includes an apprentice and an 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;
“employers’ organisation” means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and their employees or the trade unions representing those employees;
“employment matter” means a matter concerning any terms or conditions of, or affecting, employment;
“executive director” means the head of an employers’ organisation or employers’ federation;
“executive board” means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted, and includes the chairman, the general secretary and the treasurer of any trade union;
“federation” means a federation of trade unions or a federation of employers;
“funds of a trade union” includes all funds received for and on behalf of a trade union with the exception of provident fund dues;
“general-secretary” means the national secretary of a registered trade union;
“group of employers” means two or more employers who voluntarily associate together for the purposes of negotiating with a trade union and who do not form an employers’ organisation;
“Industrial Relations Charter” means a tripartite agreement between the Government, the most representative employers’ organisation, and the most
representative employees organisation for the regulation of labour and industrial relations in Kenya.
“Judge” means a Judge of the Industrial Court;
“lock-out” means the closing of a place of employment, the suspension of work, or the refusal by an employer to continue to employ any number of employees –
(a) for the purpose of compelling any employees of the employer to accept any demand in respect of a trade dispute; and
(b) not for the purpose of finally terminating employment;
“Minister” means the Minister for the time being responsible for labour matters;
“officer” when used with reference to a trade union or employers’ organisation, means a person employed by that trade union or employers’ organisation;
“official” when used with reference to a trade union or employers’ organisation, means a duly elected official of a trade union or employers’ organisation
including a member of the executive and a branch official;
“procedural agreement” means any agreement which sets out a dispute resolution procedure in that agreement;
“recognition agreement” means an agreement in writing made between a trade union and an employer, group of employers or employers’ organisation regulating the recognition of the trade union as the representative of the interests of unionisable employees employed by the employer or by members of an employers’ organisation;
“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 practice commonly known as abolition of office, job or occupation and loss of employment;
“registered employers’ organisation” means an employers’ organisation registered or deemed to be a registered employers’ organisation under this Act;
“registered office” means the registered head office of a trade union;
“registered trade union” means a trade union registered or deemed to be registered as a trade union under this Act;
“Registrar” means the Registrar of Trade Unions;
“sector” means an industry or service or part of an industry or service;
“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’ organisation of which their employer is a member to accede to any demand in respect of a trade dispute;
“trade dispute” means a dispute or difference, or an apprehended dispute or difference, between employers and employees, between employers and trade unions, or between an employers’ organisation and employees or trade unions, concerning any employment matter, and includes disputes regarding the dismissal, suspension or redundancy of employees, allocation of work or the recognition of a trade union;
“trade union” means an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers’ organisation;
“unionisable employee” in relation to any trade union means the employees eligible for membership of that trade union.

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Disclaimer: This document is not to be taken as legal advise.

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