Employment Act Cap 226 in Kenya

Document Categories

• Evidence Act
• Companies Act
• Employment Act
• Law of Succession Act
• Civil Procedure Act
• Criminal Procedure Code
• Penal Code
• Constitution of Kenya
• Civil Procedure Rules
• The Children Act CAP 141
• Sexual Offences Act
• Traffic Act
• Land Registration Act 2012
• Kenya Roads Act 2007

Search Results...

93 sections

• Section 32 of Employment Act CAP 226: Water
  

  An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing accommodation provided for the employees by the employer.

  
  
• Section 33 of Employment Act CAP 226: Food
  

  (1) An employer shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service, ensure that an employee is properly fed and supplied with sufficient and proper cooking utensils and means of cooking, at the employer’s expense. (2) The...

  
  
• Section 34 of Employment Act CAP 226: Medical attention
  

  (1) Subject to subsection (2), an employer shall ensure the sufficient provision of proper medicine for his employees during illness and if possible, medical attendance during serious illness. (2) An employer shall take all reasonable steps to ensure that he is notified of the illness of an...

  
  
• Section 35 of Employment Act CAP 226: Termination notice
  

  (1) A contract of service not being a contract to perform specific work, without reference to time or to undertake a journey shall, if made to be performed in Kenya, be deemed to be— (a) where the contract is to pay wages daily, a contract terminable by either party at the close of any day without...

  
  
• Section 36 of Employment Act CAP 226: Payment in lieu of notice
  

  Either of the parties to a contract of service to which section 35(5) applies, may terminate the contract without notice upon payment to the other party of the remuneration which would have been earned by that other party, or paid by him as the case may be in respect of the period of notice required...

  
  
• Section 37 of Employment Act CAP 226: Conversion of causal employment to term contract
  

  (1) Notwithstanding any provisions of this Act, where a casual employee— (a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less than one month; or (b) performs work which cannot reasonably be expected to be completed within a...

  
  
• Section 38 of Employment Act CAP 226: Waiver of notice by employer
  

  Where an employee gives notice of termination of employment and the employer waives the whole or any part of the notice, the employer shall pay to the employee remuneration equivalent to the period of notice not served by the employee as the case may be, unless the employer and the employee agree...

  
  
• Section 39 of Employment Act CAP 226: Contract expiring on a journey may be extended
  

  If the period expressed in a contract of service expires, or if an employee seeks to terminate a contract where no agreement is expressed respecting its duration while the employee is engaged on a journey, the employer may, for the purpose of the completion of the journey, extend the period of...

  
  
• Section 40 of Employment Act CAP 226: Termination on account of redundancy
  

  (1) An employer shall not terminate a contract of service on account of redundancy unless the employer complies with the following conditions— (a) where the employee is a member of a trade union, the employer notifies the union to which the employee is a member and the labour officer in charge of...

  
  
• Section 41 of Employment Act CAP 226: Notification and hearing before termination on grounds of misconduct
  

  (1) Subject to section 42(1), an employer shall, before terminating the employment of an employee, on the grounds of misconduct, poor performance or physical incapacity explain to the employee, in a language the employee understands, the reason for which the employer is considering termination and...

  
  
• Section 42 of Employment Act CAP 226: Termination of probationary contracts
  

  (1) The provisions of section 41 shall not apply where a termination of employment terminates a probationary contract. (2) A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with the agreement of the employee. (3) No...

  
  
• Section 43 of Employment Act CAP 226: Proof of reason for termination
  

  (1) In any claim arising out of termination of a contract, the employer shall be required to prove the reason or reasons for the termination, and where the employer fails to do so, the termination shall be deemed to have been unfair within the meaning of section 45. (2) The reason or reasons for...

  
  
• Section 44 of Employment Act CAP 226: Summary dismissal
  

  (1) Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term. (2) Subject to the provisions of this section, no employer has the right...

  
  
• Section 45 of Employment Act CAP 226: Unfair termination
  

  (1) No employer shall terminate the employment of an employee unfairly. (2) A termination of employment by an employer is unfair if the employer fails to prove— (a) that the reason for the termination is valid; (b) that the reason for the termination is a fair reason— (i) related to the...

  
  
• Section 46 of Employment Act CAP 226: Reasons for termination or discipline
  

  The following do not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty— (a) a female employee’s pregnancy, or any reason connected with her pregnancy; (b) the going on leave of an employee, or the proposal of an employee to take, any leave to which he was...

  
  
• Section 47 of Employment Act CAP 226: Complaint of summary dismissal and unfair termination
  

  (1) Where an employee has been summarily dismissed or his employer has unfairly terminated his employment without justification, the employee may, within three months of the date of dismissal, present a complaint to a labour officer and the complaint shall be dealt with as a complaint lodged under...

  
  
• Section 48 of Employment Act CAP 226: Representation
  

  In any complaint made under section 47, no advocate shall represent a party in the proceedings before a labour officer, but any party may be assisted or represented by an official of a trade union or an official of an employers’ organisation notwithstanding the fact that the official is an advocate....

  
  
• Section 49 of Employment Act CAP 226: Remedies for wrongful dismissal and unfair termination
  

  (1) Where in the opinion of a labour officer summary dismissal or termination of a contract of an employee is unjustified, the labour officer may recommend to the employer to pay to the employee any or all of the following— (a) the wages which the employee would have earned had the employee been...

  
  
• Section 50 of Employment Act CAP 226: Courts to be guided
  

  In determining a complaint or suit under this Act involving wrongful dismissal or unfair termination of the employment of an employee, the Industrial Court shall be guided by the provisions of section 49.

  
  
• Section 51 of Employment Act CAP 226: Certificate of service
  

  (1) An employer shall issue to an employee a certificate of service upon termination of his employment, unless the employment has continued for a period of less than four consecutive weeks. (2) A certificate of service issued under subsection (1) shall contain— (a) the name of the employer and...

  
  
• Section 52 of Employment Act CAP 226: Interpretation
  

  In this Part, except where the context otherwise requires— “employment” means employment of a child in a situation where— (a) the child provides labour as an assistant to another person and his labour is deemed to be the labour of that other person for the purposes of payment; (b) the...

  
  
• Section 53 of Employment Act CAP 226: Prohibition of worst forms of child labour
  

  (1) Notwithstanding any provision of any written law, no person shall employ a child in any activity which constitutes worst form of child labour. (2) The Minister shall, in consultation with the Board, make regulations declaring any work, activity or contract of service harmful to the health,...

  
  
• Section 54 of Employment Act CAP 226: Complaint to the labour officer or police officer
  

  (1) A person may make a complaint to a labour officer or a police officer of the rank of an inspector and above if that person considers any child to be employed in any activity which constitutes worst form of child labour. (2) On receipt of a complaint under subsection (1), the labour officer or...

  
  
• Section 55 of Employment Act CAP 226: Powers of labour officer to cancel and prohibit contracts
  

  (1) A labour officer may, by notice in writing served upon an employer, terminate or cancel any contract of service, other than a deed of apprenticeship or indentured learnership lawfully entered into under the provisions of the Industrial Training Act (Cap. 237), which has been entered into by a...

  
  
• Section 56 of Employment Act CAP 226: Prohibition of employment of children between thirteen years and sixteen years of age
  

  (1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking. (2) A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is— (a) not likely to be harmful to the child’s...

  
  
• Section 57 of Employment Act CAP 226: Prohibition of written contracts for child between thirteen and sixteen years of age
  

  Subject to the provisions of the Industrial Training Act relating to contracts of apprenticeship or indentured learnership, a person who employs a child of between thirteen and sixteen years of age, or causes such a child to be employed, or being the parent or guardian or other person having for the...

  
  
• Section 58 of Employment Act CAP 226: Restriction in employing child of between thirteen and sixteen years of age to attend machinery
  

  (1) No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions of the Industrial Training Act, in an industrial undertaking to attend to machinery. (2) No person...

  
  
• Section 59 of Employment Act CAP 226: Time restriction in employing a child
  

  (1) Subject to section 60, no person shall employ a child in an industrial undertaking between the hours of 6.30 p.m. and 6.30 a.m. (2) Notwithstanding the provision of subsection (1), a person may employ a male young person in cases of emergencies which could not have been controlled or foreseen,...

  
  
• Section 60 of Employment Act CAP 226: Emergencies
  

  In case of a serious emergency, when the public interest demands it, the Minister may, by notice in the Gazette, suspend the operation of section 59.

  
  
• Section 61 of Employment Act CAP 226: Registers of child in employment
  

  An employer who employs a child shall keep and maintain a register containing the following particulars of every child he employs— (a) age and date of birth; (b) date of entry into and of leaving the employment; (c) such other particulars as may be prescribed.