Employment

Employment law governs the relationship between employers and employees, outlining their rights, duties, and protections. It covers areas such as contracts, wages, working conditions, termination, and dispute resolution. In Kenya, employment law is primarily regulated by the Employment Act, 2007, the Labour Relations Act, 2007, and the Labour Institutions Act, 2007.

Process of Employment Law in Kenya

Employment Contracts & Hiring

  • Employers must provide a written contract for employees working more than 3 months.
  • The contract should specify terms such as job roles, salary, working hours, and benefits.

Employee Rights & Workplace Regulations

  • Minimum wage must comply with government-set rates.
  • Working hours should not exceed 52 hours per week (for day workers).
  • Leave entitlements include 21 days annual leave, maternity/paternity leave, and sick leave.
  • Health & safety laws ensure a safe working environment.

Termination & Resignation

  • Employers must give notice before terminating employment unless it’s for gross misconduct.
  • Wrongful dismissal can be challenged at the Employment and Labour Relations Court (ELRC).
  • Employees who resign must also give notice as per their contract.

Dispute Resolution

  • Negotiation & Mediation – Employers and employees should try to resolve issues amicably.
  • Labour Office & Tribunals – If disputes persist, they can be taken to the Labour Office, the Industrial Court, or the Employment and Labour Relations Court.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.

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