Last Change:
02/26/2025
The Employment Act
Year: 2007
Type: Domestic law
Rights Category: Work & Workplace rights
Description
The Employment Act, 2007 of Kenya establishes comprehensive legal standards for employment relationships, ensuring the protection of workers' rights and regulating employer-employee interactions. The Act covers key areas such as employment contracts, wages, working hours, leave entitlements, termination procedures, and prohibition of discrimination and forced labor. It safeguards the rights of women and minors, sets standards for workplace conditions, and outlines dispute resolution mechanisms. Additionally, it provides for the employment of foreign nationals under specific permits and emphasizes compliance with labor standards. The Act promotes fairness, equity, and dignity in the workplace while fostering productive labor relations.
Selected provisions
(1) No person shall use or assist any other person in recruiting, trafficking or using forced labour;
(2) The term “forced or compulsory labour” shall not include—
(a) any work or service exacted by virtue of compulsory military service laws for work of a purely military character: Provided that forced or compulsory recruitment of children for use in armed conflict shall be deemed to be forced or compulsory labour;
(b) any work or service which forms part of the normal civic obligations of the citizens of Kenya;
(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of private persons, companies or associations;
(d) any work or service exacted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the well-being of the whole or part of the population; and
(e) minor communal services performed by the members of the community in the direct interest of the said community, provided the members of the community or their representatives are consulted.
An employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice;
An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee such sufficient sum, as rent, in addition to the wages or salary of the employee, as will enable the employee to obtain reasonable accommodation.
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.
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.
(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 employee as soon as reasonably practicable after the first occurrence of the illness.
(1) It shall be the duty of the Minister, labour officers and the Industrial Court—
(a) to promote equality of opportunity in employment in order to eliminate discrimination in employment; and
(b) to promote and guarantee equality of opportunity for a person who is a migrant worker or a member of the family of the migrant worker, lawfully within Kenya.
(2) An employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice.
(3) No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee—
(a) on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status;
(b) in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment.
(4) It is not discrimination to—
(a) take affirmative action measurers consistent with the promotion of equality or the elimination of discrimination in the workplace;
(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job;
(c) employ a citizen in accordance with the national employment policy; or
(d) restrict access to limited categories of employment where it is necessary in the interest of State security.
Basic minimum conditions of employment (1) The provisions of this Part and Part VI shall constitute basic minimum terms and conditions of contract of service.
Hours of work
(1) An employer shall regulate the working hours of each employee in accordance with the provisions of this Act and any other written law.
(2) Notwithstanding subsection (1), an employee shall be entitled to at least one rest day in every period of seven days.
(1) An employee shall be entitled—
(a) after every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay;
(b) where employment is terminated after the completion of two or more consecutive months of service during any twelve months’ leave-earning period, to not less than one and three-quarter days of leave with full pay, in respect of each completed month of service in that period, to be taken consecutively.