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) A female employee shall be entitled to three months maternity leave with full pay.
(8) A male employee shall be entitled to two weeks paternity leave with full pay.
Sick leave
(1) After two consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service, subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre.
(2) For an employee to be entitled to sick leave with full pay under subsection (1), the employee shall notify or cause to be notified as soon as is reasonably practicable his employer of his absence and the reasons for it.
(3) For the purposes of subsections (1) and (2) “full pay” includes wages at the basic rate excluding deductions from the wages allowable under section 19.
(4) For purposes of subsection (1), the twelve continuous months of service shall be deemed to commence on the date of the employment of the employee and on such subsequent anniversary dates of employment.
(5) An employer shall have the right to place all his employees on an annual cycle of an anniversary date falling on a day to be determined by the employer.
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 either party or any injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Court.