- To repeal the Employment Act Cap 226, declare and define the fundamental rights of employees;
- To provide for basic conditions of employment of employees;
- To regulate employment of children and to provide for matters connected thereto.
Employment Relationship & Contracts
All Contracts of Service are to be governed by the Employment Act, 2007 (Section 7). Provisions of the Act apply to both oral and written contracts (Section 8).
Contracts to be in writing if: –
- It is for a period of, or that amounts to, three (3) or more months;
- It provides for the performance of specified work which cannot be accomplished within a period of, or that amounts to, three or more months;
It is the duty of employer to reduce the contract into writing. Signification by the employee of acceptance of contract is by signing or imprint of finger and witnessed by another person other than the employer (Section 9).
Employment Contracts Particulars (Section 10)
The details required include: –
- The name, age, sex and permanent address of the employee;
- Name of employer, job description, commencement date, place of work and hours of work;
- Form and duration of the contract;
- Remuneration scale and rate including calculation method and payment intervals;
- Other particulars include; leave entitlement, public holidays, sick leave, pensions and pension schemes, length of notice and any existing CBA which affect the employee;
- Any assignment outside Kenya for more than one month –the terms, currency of benefits and terms on return.
All changes to contracts of service must be in writing. The employment records are to be maintained for 5 years after termination of employment. The burden of proving or disproving an alleged term of employment stipulated in the contract shall be on the employer.
Disciplinary Policy (Section 12)
Where an employer employs at least 50 employees, the employer must provide written disciplinary policy and procedure.
- Employer to set out an appeal system;
- Avail rules or make accessible the Collective Bargaining Agreement;
- Display statement of employee’s rights.
Exclusion from Application of the Employment Act, 2007 (Section 3)
- Armed Forces or Reserve
- Kenya Police, Kenya Prisons Service, Administrative Police
- National Youth Service
- An employer and employer’s dependants if the latter are the only employees in a family undertaking
Any persons excluded by the Minister after consultation with the National Labour Board, taking into account international instruments.
Any persons excluded by the Minister because their employment terms and conditions are governed by special arrangements which are similar or better than the Act’s provisions.