The Labour Relations Act 2007 in Kenya

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84 sections

• Section 1 of The Labour Relations Act 2007: Short title
  

  This Act may be cited as the Labour Relations Act, 2007.

  
  
• 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...

  
  
• Section 3 of The Labour Relations Act 2007: Application
  

  This Act shall not apply to any person in respect of his employment or service — (a) in the armed forces, or in any reserve force thereof; (b) in the Kenya Police, the Administrative Police Force, the Kenya Prisons Service and the National Youth Service, or in any reserve force or service...

  
  
• Section 4 of The Labour Relations Act 2007: Employee's right to freedom of association
  

  (1) Every employee has the right to - (a) participate in forming a trade union of federation of trade unions; (b) join a trade union; or (c) leave a trade union. (2) Every member of a trade union has the right, subject to the constitution of that trade union to - (a) participate in its lawful...

  
  
• Section 5 of The Labour Relations Act 2007: Protection of employees
  

  (1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act. (2) Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following - (a) require an employee or a...

  
  
• Section 6 of The Labour Relations Act 2007: Employer's right to freedom of association
  

  (1) Every employer has the right to― (a) participate in forming an employers’ organisation or a federation of employers organisation; and (b) subject to its constitution, join an employers organisation or a federation of employers’ organisations. (2) Every member of an employers’ organisation has...

  
  
• Section 7 of The Labour Relations Act 2007: Protection of employers' rights
  

  (1) No person shall discriminate against an employer for exercising any right conferred by this Act. (2) Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following― (a) require an employer not to be or become a member of an...

  
  
• Section 8 of The Labour Relations Act 2007: Rights of trade unions, employers' organisation and federations
  

  Every trade union, employers’ organisation or federation has the right to― (a) subject to the provisions of this Act- (i) determine its own constitution and rules; and hold elections to elect its officers; (b) plan and organise its administration and lawful activities; (c) participate in...

  
  
• Section 9 of The Labour Relations Act 2007: Provision may not be varied by agreement
  

  A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid, unless the contractual provision is expressly permitted by this Act.

  
  
• Section 10 of The Labour Relations Act 2007: Disputes under Part
  

  If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writing― (a) to the Minister to appoint a conciliator as specified in Part VIII; or (b) if the dispute is not resolved at conciliation, to the Industrial...

  
  
• Section 11 of The Labour Relations Act 2007: Burden of proof
  

  In any proceedings under this Act― (a) a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and (b) the party who is alleged to have engaged in that conduct shall prove that their conduct did not infringe any provision of...

  
  
• Section 12 of The Labour Relations Act 2007: Establishment of a trade union or employers' organisation
  

  (1) No person shall recruit members for the purpose of establishing a trade union or employers' organisation unless that person has obtained a certificate from the Registrar issued under this section. (2) An application for the certificate referred to in subsection (1) shall― (a) be signed by two...

  
  
• Section 13 of The Labour Relations Act 2007: Application to register a trade union or employers' organisation
  

  A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12.

  
  
• Section 14 of The Labour Relations Act 2007: Requirements for registering a trade union
  

  (1) A trade union may apply for registration if― (a) the trade union has applied for registration in accordance with this Act; (b) the trade union has adopted a constitution that complies with the requirements of this Act, including the requirements set out in the First Schedule; (c) the trade...

  
  
• Section 15 of The Labour Relations Act 2007: Requirements for registering employers' organisation
  

  (1) An employers' organisation may apply for registration if ― (a) the employers' organisation has applied for registration in accordance with the requirements of this Act; (b) the employers' organisation has adopted a constitution that complies with the requirements of this Act, including the...

  
  
• Section 16 of The Labour Relations Act 2007: Requirements for registering federation of trade unions
  

  The requirements for registration as federation of trade unions are― (a) the federation has applied for registration in accordance with this Act; (b) the federation has adopted a constitution that complies with the requirements of this Act; (c) the federation has an office and postal address in...

  
  
• Section 17 of The Labour Relations Act 2007: Requirements for registering a federation of employers
  

  The requirements for registration of a federation of employers are― (a) the federation has applied for registration in accordance with this Act; (b) the federation has adopted a constitution that complies with the requirements of this Act; (c) the federation has an office and postal address in...

  
  
• Section 18 of The Labour Relations Act 2007: Application for registration
  

  (1) An application to register a trade union, employers' organisation or federation shall be made to the Registrar in Form A set out in the Second Schedule, accompanied by― (a) the prescribed fee; (b) a certified copy of the constitution of the trade union or employers' organisation; and (c) a...

  
  
• Section 19 of The Labour Relations Act 2007: Registration of trade unions, employers' organisation or federation
  

  (1) If the Registrar is satisfied, after consulting the Board, that a trade union, employers' organisation or federation that has applied for registration meets the requirements of the Act, the Registrar shall register that trade union, employers organisation or federation and shall― (a) issue a...

  
  
• Section 20 of The Labour Relations Act 2007: Refusal to register a trade union, employers' organisation, or federation
  

  If the Registrar is not satisfied that a trade union, employers organisation or federation meets the requirements for registration and refuses the application for registration, the Registrar shall advise the trade union, employers' organisation or federation of the reasons for that refusal in Form D...

  
  
• Section 21 of The Labour Relations Act 2007: Effect of registration
  

  A trade union, employers' organisation or federation shall be registered as a body corporate― (a) with perpetual succession and a common seal; (b) with the capacity in its own name to- (i) sue and be sued; and (ii)enter into contracts; and (c) hold, purchase or otherwise acquire and dispose...

  
  
• Section 22 of The Labour Relations Act 2007: Objects in restraint of trade not unlawful
  

  A registered trade union, employers' organisation or federation is not an association in restraint of trade and its objects may not, by reason only that they are in restraint of trade― (a) be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for...

  
  
• Section 23 of The Labour Relations Act 2007: Consequences of failure to register
  

  (1) No person shall perform any act in furtherance of a trade union or employers' organisation unless that trade union or employers organisation― (a)is registered under this Act; or (b) an application for its registration is being considered. (2) Notwithstanding the provisions of subsection (1),...

  
  
• Section 24 of The Labour Relations Act 2007: Registered office
  

  (1) Every trade union, employers’ organisation or federation shall― (a) have a physical office and postal address to which all communication and notices may be addressed; and (b) give notice of its physical office and postal address and of any change of office or address to the Registrar in Form E...

  
  
• Section 25 of The Labour Relations Act 2007: Registration of branches
  

  (1) A trade union, employers’ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule. (2) An application to register a branch shall― (a) be made by an authorised representative within thirty days of the formation of the...

  
  
• Section 26 of The Labour Relations Act 2007: Amalgamation of trade unions, employers’ organisations or federations
  

  (1)A registered trade union, employers’ organisation or federation may amalgamate with one or more registered trade unions or employers’ organisations, as the case may be. (2) An amalgamation of trade unions, employers organisation or federation may occur without a dissolution or division of the...

  
  
• Section 27 of The Labour Relations Act 2007: Change of name or constitution of trade union employers, organisation or federation
  

  (1) A trade union, employers’ organisation or federation may resolve to― (a) change or replace its constitution; or (b) change its name. (2) A registered trade union, employer’s organisation or federation may apply to the Registrar to approve a change of name or an amendment to its constitution...

  
  
• Section 28 of The Labour Relations Act 2007: Cancellation or suspension of registration
  

  (1) The Registrar shall cancel or suspend the registration of a trade union, employers’ organisation or federation if― (a) the trade union, employers organisation or federation is dissolved; or (b) the Registrar is satisfied that the trade union, employers' organisation or federation has ceased to...

  
  
• Section 29 of The Labour Relations Act 2007: Notice of dissolution
  

  (1) When a trade union, employers’ organisation or federation is dissolved, the trade union, employers’ organisation or federation shall give notice of the dissolution in Form O set out in the Second Schedule which – (a) shall be submitted to the Registrar within fourteen days of the resolution to...

  
  
• Section 30 of The Labour Relations Act 2007: Appeals against decision of Registrar
  

  Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Industrial Court against that decision within thirty days of the decision.