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 62 of Employment Act CAP 226: Medical examination of a child employee
  

  An authorised officer may require a child in employment to be medically examined at any time during the period of the child’s employment.

  
  
• Section 63 of Employment Act CAP 226: Determination of age
  

  (1) If, during the hearing of a charge for an offence under this Act it is alleged that any person was at the date of the offence of, over or under a particular age, the court hearing the charge shall, after such inquiry as it considers necessary and after hearing any evidence which may be tendered...

  
  
• Section 64 of Employment Act CAP 226: Penalty for unlawful employment of child
  

  (1) A person who employs, engages, or uses a child in an industrial undertaking in contravention of the provisions of this Part, commits an offence. (2) A person who uses a child in any activity constituting worst form of child labour commits an offence and shall on conviction be liable to a fine...

  
  
• Section 65 of Employment Act CAP 226: Penalty in case of death or injury of a child
  

  (1) If a child is killed, dies or suffers any bodily injury in consequence of his employer having contravened any provision of this Part, the employer shall, in addition to any other penalty, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not...

  
  
• Section 66 of Employment Act CAP 226: Insolvency of employer
  

  Where on an application made to him in writing by an employee or his representative the Minister is satisfied that— (a) the employer of an employee has become insolvent; (b) the employment of the employee has been terminated; and (c) on the appropriate date the employee was entitled to be paid...

  
  
• Section 67 of Employment Act CAP 226: Definition of insolvency
  

  An employer is insolvent for the purposes of this Part— (a) if the employer is a person who— (i) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or (ii) has died and his estate is to be administered in accordance with the Law of Succession Act; (b) if...

  
  
• Section 68 of Employment Act CAP 226: Debts to which this Part applies
  

  This Part applies to the following debts— (a) any arrears of wages in respect of one or more months, but not more than six months or part thereof; (b) any amount which the employer is liable to pay the employee for the period of notice required by section 36 or for any failure of the employer to...

  
  
• Section 69 of Employment Act CAP 226: Limitation on amount payable under section 68
  

  (1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt to which this Part applies, where the amount of the debt is referable to a period of time, shall not exceed— (a) ten thousand shillings or one half of the monthly...

  
  
• Section 70 of Employment Act CAP 226: Role of relevant officer
  

  (1) Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Minister shall not make a payment under section 66 in respect of a debt until the Minister has received a statement from the relevant officer of the amount of that debt which...

  
  
• Section 71 of Employment Act CAP 226: Complaint to Industrial Court
  

  (1) A person who has applied for a payment under section 66 may present a complaint to the Industrial Court— (a) that the Minister has failed to make the payment; or (b) that the payment made by the Minister is less than the amount which should have been paid. (2) The Industrial Court shall...

  
  
• Section 72 of Employment Act CAP 226: Transfer of rights and remedies
  

  (1) Where, in pursuance of section 66, the Minister makes a payment to an employee in respect of a debt to which this Part applies— (a) on the making of the payment, any rights and remedies of the employee in respect of the debt or, if the Minister has paid only part of it, in respect of that part...

  
  
• Section 73 of Employment Act CAP 226: Power to obtain information
  

  (1) Where an application is made to the Minister under section 66 in respect of debt owed by an employer, the Minister may require— (a) the employer to provide him with such information as he may reasonably require for the purpose of determining whether the application is well founded; and...

  
  
• 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;...

  
  
• Section 75 of Employment Act CAP 226: 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 false in a material particular, or produces, furnishes, causes or knowingly allows to be produced or...

  
  
• Section 76 of Employment Act CAP 226: 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 in a prescribed form giving the following details— (a) the employer’s name and full address;...

  
  
• Section 77 of Employment Act CAP 226: 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 within two weeks of the filling of the post or of its abolition, as the case may be.

  
  
• Section 78 of Employment Act CAP 226: 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 of Employment Act CAP 226: 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 employees for each calendar year, ending on 31st December containing such information shall be sent...

  
  
• Section 80 of Employment Act CAP 226: 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 (1).

  
  
• Section 81 of Employment Act CAP 226: 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 not exceeding six months or to both.

  
  
• Section 82 of Employment Act CAP 226: 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 of Employment Act CAP 226: 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, coercion or undue influence, and any mistake of fact, or misrepresentation which might have...

  
  
• Section 84 of Employment Act CAP 226: 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 may require the employer to give security by bond in the prescribed form, with one or more sureties...

  
  
• Section 85 of Employment Act CAP 226: 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 Kenya; or (b) induces or attempts to induce an employee to proceed outside the limits of Kenya,...

  
  
• Section 86 of Employment Act CAP 226: 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 Kenya; or (b) induces or attempts to induce an employee to proceed outside the limits of Kenya,...

  
  
• Section 87 of Employment Act CAP 226: 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 rights or liabilities of either party; or (c) touching any misconduct, neglect or ill-treatment of...

  
  
• Section 88 of Employment Act CAP 226: 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 liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding...

  
  
• Section 89 of Employment Act CAP 226: 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, but the respective rights of the parties under that contract as well against each other as against...

  
  
• Section 90 of Employment Act CAP 226: 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 or be instituted unless it is commenced within three years next after the act, neglect or default...

  
  
• Section 91 of Employment Act CAP 226: 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 the objects or purposes of this Act, and, without prejudice to the generality of the foregoing, for...