In these regulations, unless the context otherwise requires cap. Companies act 2015 deloitte coulson harney kam presentation 1 1 files 208. In exercise of its jurisdiction the court is governed by the constitution of kenya and various statutes including. The act is concerned with how the employer and employee relationship is constituted. Every employeeworker is entitled to fair labour practices in south africa. Provide basic conditions of employment of employees. Amended labour relations act pdf, document, labour law. The kenya business guide kbg is a thinktank that seeks to support the improvement and strengthening of the business. These regulations may be cited as the employment and labour relations general regulations, 2017. By perminus wainaina,section 19 1 of the employment act provides that as an employer, you are allowed by the law to deduct from your employees. The kenyan employment act 2007, just like the constitution of kenya, 2010 provides for rights of employees and it addresses the following main areas. The employment act, chapter 226 of the laws of kenya 2007 the education act, chapter 211 of the laws of kenya 1980 the hiv and aids prevention and control act, chapter 246a of the laws of kenya 2006 the political parties act, chapter 7b of the laws of kenya 2011 the universities act, act no. Labour relations act chapter 233 revised edition 2012.
The labour relations act, 2007 representative employees organisation for the regulation of labour and industrial relations in kenya. World day for safety and health at work april 28, 2020. Enacted by the parliament of kenya as follows short title 1. The module provides a detailed analysis of the legal framework upon which labour laws in kenya are enshrined. The employment act amendment bill, 2019 a bill for an act of parliament to amend the employment act, 2007 and for connected purposes. The short title of the act may be cited as the labour relations act, 2007. The employment act, 2007 1 the employment act, 2007 arrangement of sections sections part. These are provided for by the employment and labour relations act no. An act of parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of. Introduction this is an act of parliament to establish labour institutions, to provide for their functions, powers and duties, and to provide for other matters connected thereto the short title of the act may be cited as the labour institutions act, 2007 and shall come into force on such date as the minister may by notice in the. In kenya, the relationship between an employer and employee is governed by the employment act 2007.
The nine 9 c ore labour legislation areemployment act, 2007 replaced employment act, cap 226 and regulation of wages and conditions of employment act, chapter 229 labour relations act, 2007 replaced the trade unions act, chapter 233 and the trade disputes act, chapter 234 work injury benefits act. By vyonna bondi abstract kenyan law in so far as labour relations is concerned is governed by the provisions of the labour relations act 2007. According to the preamble, it was passed in order to. An act of parliament to amend the employment act, 2007 and for connected purposes. The act shall not apply to any person in respect of his employment or service in the armed forces, or any reserve force thereof. Interpretation in this act, unless the context otherwise requires. Other departments include labour department, employment department, micro and small enterprises development, human resource, directorate of industrial training. The employment and labour relations act of 2004 and its success in tanzania by asherry magalla digitally signed by asherry magalla dn. Visit the labour law section on our website for more. The employment act, 2007 8 senior labour officer, an industrial relations officer or a labour officer. The labour relations act, 2007 central organization of trade. Kenya labour law on redundancy employment act 2007. This act may be cited as the industrial and labour relations amendment act, 1997, and shall be read as one with the industrial and labour relations act, in this act referred to as the principal act short title cap.
The employment act, 2007 arrangement of sections sections. Employment and labour legislation labour relations and trade. An act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Especially when it comes to fair and unfair labour practices. Current news state department for labour covid19 rapid response at the workplace. This act may be cited as the labour institutions act, 2007. The kenya labour laws of 2007employment act, labour institutions act, labour relations act, occupational safety and health act and work injury benefits act replaced the kenya employment act and regulation of wages and conditions of employment act. Employment and labour relations court judiciary of kenya.
An act of parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration. Labour institutions act the labour institutions act 2007. It is hereby notified that the president has assented to the following act which is hereby published for general information. This is done through formulation and implementation of the national labour legislation and policy through the national labour board and sectoral wages councils as well as the national tripartite consultative council. Jun 16, 2018 the kenya labour laws of 2007 employment act, labour institutions act, labour relations act, occupational safety and health act and work injury benefits act replaced the kenya employment act and regulation of wages and conditions of employment act. Get employment act 2007 pdf corporate staffing kenya. Enacted by the parliament of kenya, as follows part i. This act may be cited as the employment act amendment act, 201 9.
Promote sound labour relations through protection and promotion of freedom of association, effective collective bargaining. Part a registrar of labour relations the act makes provision for the appointment of a registrar of labour relations. President uhuru full speech labour day 2020 may 1, 2020. The redundancy procedure in kenya redundancy is one of the ways of terminating employment. Laws of kenya employment act chapter 226 revised edition 2012 2007. Interpretation in this act, unless the context otherwise requires authorised officer means a labour officer, employment officer or medical officer. The labour relations act, 2007 8 representative employees organisation for the regulation of labour and industrial relations in kenya. Exclusion from application of the act armed forces and reserve kenya police.
They must also provide the registrar of labour relations with financial reports, lists of members, changes of addresses, information on the election of its office bearers etc. This is done through formulation and implementation of the national labour legislation and policy through the national labour board and sectoral wages councils as well. The employment and labour relations general regulations, 2017 part i preliminary provisions citation 1. Labour relations act 2007 vellum republic of kenya. Doshs is one of the departments under the ministry of labour. This information is important to the various stakeholders, that include. Salient points of labour law in kenya employment law in. In todays world, we need to arm ourselves with as much information regarding our rights. The kenyan labour law a large variety of laws more than 20 dealing with labour matters. Deals with interpretation clause provides for various interpretation of terms used in the act. Published by the national council for law reporting with the. The relationship of dependent labour in both the common law tradition as well as is outlined within. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. Kudheiha kenya union of domestic, hotels, educational institutions hospitals and.
Companies act 2015 deloitte coulson harney kam presentation 1. The act was passed on 22 nd october 2007 and it came into force on 2 nd june 2008. The kenyan employment act, 2007 and the labour relations act state that. One of the labour laws on registration into a trade union is that individuals above 16 years can become members of trade unions. Freedom of association, collective bargaining and industrial relations. Labour relations act 66 of 1995 labour relations amendment act 8 of 2018 mine health and safety act no 29 of 1996 mhsa national minimum wage act 9 of 2018 nmwa the employment equity act no. The work injury benefits act, 2007 4 an act of parliament to provide for compensation to employees for work related injuries and diseases contracted in the course of their employment and for connected purposes. Occupational safety and health act, 2007 is enforced by the directorate of occupational safety and health services. Pdf the employment and labour relations act of 2004 and its. Labour relations act chapter 233 revised edition 2012 2007 download 8. Preliminary general principles employment relationship protection of wages rights and duties in employment termination and dismissal protection of children 3. Employment and labour legislation labour relations and trade unionism 12.
The five laws enacted in 2007 included a the labour relations act, b the employment act, c the labour institutions act, c the work injury benefits act and d the occupation, safety and health act. The employment act 2007 also known as the chapter 226 of the laws of kenya repealed the former employment act and the regulation of wages and conditions of employment act chapter 229 of the laws of kenya. The following is an overview of the labour laws promulgated in 2007 as a major breakthrough in the field of industrial relations in kenya. Labour market information for optimal human resource planning and utilization. Freedom of association the act provides for the freedom of association for employees, that is to enter into any trade union. With your download, get the 37 best papers relevant to this one, including 19 top related papers. Labour laws in kenya on registration of an employee into a trade union fall under the labour relations act of 2007. The occupational safety and health act, 2007 susbiz kenya. The klmis is a onestop shop for labour market information in kenya covering both public and private sectors.
The labour institutions act, 2007 4 an act of parliament to establish labour institutions, to provide for their functions, powers and duties and to provide for other matters connected thereto enacted by the parliament of kenya, as follows. The labour relations act, 2007 central organization of. The legal basis of redundancy is laid down in statute together with general rules of international law and treaties and conventions ratified by kenya. Pdf the employment and labour relations act of 2004 and. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. By perminus wainaina section 7 of the kenyan employment act 2007 provides that no one should be employed under any other contract of service. Labour act, 2003 international labour organization. The employment act 2007 kenya labour market information. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section.