- 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...
- Section 3 of Employment Act CAP 226: 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 Armed Forces Act (Cap. 199);
(b) the Kenya Police, the Kenya Prisons Service or the Administration...
- Section 4 of Employment Act CAP 226: 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 by virtue of compulsory military service laws for work of a purely military character:
Provided...
- Section 5 of Employment Act CAP 226: 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
(b) to promote and guarantee equality of opportunity for a person who is a migrant worker or a member...
- Section 6 of Employment Act CAP 226: 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,
sexual contact or any other form of sexual activity that contains an implied or express—...
- Section 7 of Employment Act CAP 226: Contract of service
No person shall be employed under a contract of service except in accordance with the provisions of this Act.
- Section 8 of Employment Act CAP 226: Oral and written contracts
The provisions of this Act shall apply to oral and written contracts.
- Section 9 of Employment Act CAP 226: 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 specified work which could not reasonably be expected to be completed within a period or a number of...
- Section 10 of Employment Act CAP 226: 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 months after the beginning of the employment.
(2) A written contract of service shall state—
(a) the...
- Section 11 of Employment Act CAP 226: 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 be stated in the statement.
(2) A statement under section 10 may refer the employee for particulars...
- Section 12 of Employment Act CAP 226: 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 employee which specifies the rules; (b) specify the person to whom the employee may apply—...
- 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...
- Section 14 of Employment Act CAP 226: 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 has reasonable opportunities of reading in the course of his employment; or
(b) is made...
- Section 15 of Employment Act CAP 226: 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 of Employment Act CAP 226: 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 labour officer and the complaint shall be deemed to be a complaint filed under section 87.
(2) Where as...
- Section 17 of Employment Act CAP 226: 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 directly, in the currency of Kenya—
(a) in cash;
(b) into an account at a bank, or building society,...
- Section 18 of Employment Act CAP 226: 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 option of his employer, to be paid by his employer at the end of the day in proportion to the amount of...
- Section 19 of Employment Act CAP 226: 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 other scheme approved by the Commissioner for Labour to which the employee has agreed to...
- Section 20 of Employment Act CAP 226: 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) shall contain particulars of— (a) the gross amount of the wages or salary of the employee;
(b) the...
- Section 21 of Employment Act CAP 226: 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 deduction; and
(b) the employer has given to the employee, at or before the time at which the pay...
- Section 22 of Employment Act CAP 226: 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 adding items to, or removing items from, the particulars listed in those sections or by amending any...
- Section 23 of Employment Act CAP 226: 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 by the employer.
(2) A bond paid by any employer shall be held by the Minister on behalf of that...
- Section 24 of Employment Act CAP 226: 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 notice of the death in the prescribed form to the labour officer or, if there is no labour officer, to...
- Section 25 of Employment Act CAP 226: 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 to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding...
- Section 26 of Employment Act CAP 226: 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 any regulations, as agreed in any collective agreement or contract between the parties or enacted by...
- Section 27 of Employment Act CAP 226: 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 entitled to at least one rest day in every period of seven days.
- Section 28 of Employment Act CAP 226: 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 terminated after the completion of two or more consecutive months of service during any twelve...
- Section 29 of Employment Act CAP 226: 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 employee shall have the right to return to the job which she held immediately prior to her maternity leave...
- Section 30 of Employment Act CAP 226: 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 half pay, in each period of twelve consecutive months of service, subject to production by the employee...
- Section 31 of Employment Act CAP 226: 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 such sufficient sum, as rent, in addition to the wages or salary of the employee, as will enable the...