Employment Law: Maternity Leave Laws in Kenya

Below is section 29 of the Kenya Employment act which provides for laws pertaining maternity leave in Kenya

29. Maternity leave
(1) A female employee shall be entitled to three months maternity leave with
full pay.
(2) On expiry of a female employee’s maternity leave as provided in
subsections (1) and (3), the female employee shall have the right to return to the
job which she held immediately prior to her maternity leave or to a reasonably
suitable job on terms and conditions not less favourable than those which would
have applied had she not been on maternity leave.
(3) Where—
(a) the maternity leave has been extended with the consent of the
employer; or
(b) immediately on expiry of maternity leave before resuming her duties
a female employee proceeds on sick leave or with the consent of
the employer on annual leave; compassionate leave; or any other
leave,
the three months maternity leave under subsection (1) shall be deemed to expire
on the last day of such extended leave.
(4) A female employee shall only be entitled to the rights mentioned in
subsections (1), (2) and (3) if she gives not less than seven days notice in
advance or a shorter period as may be reasonable in the circumstances of her
intention to proceed on maternity leave on a specific date and to return to work
thereafter.
(5) The notice referred to in subsection (4) shall be in writing.
(6) A female employee who seeks to exercise any of the rights mentioned in
this section shall, if required by the employer, produce a certificate as to her
medical condition from a qualified medical practitioner or midwife.
(7) No female employee shall forfeit her annual leave entitlement under
section 28 on account of having taken her maternity leave.
(8) A male employee shall be entitled to two weeks paternity leave with full
pay.

Employment Law: Sick Leave Laws in Kenya

Below is section 30 of the Kenya employment act which provides for laws concerning sick leave in Kenya.

30. 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.

Employment Law: An Employee's Working Hours According to Kenya Laws

Below is section 27 of the Kenya Employment Act which provides for laws concerning a Kenya employee's working hours.

27. 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.

Employment Law: Deductions of an Employee's Salary/payroll in Kenya

Below is Section 19 of the Kenya  Employment Act which provides for laws concerning deductions of salaries

19. Deduction of wages
(1) Notwithstanding section 17(1), an employer may deduct from the wages
of his employee—
(a) any amount due from the employee as a contribution to any
provident fund or superannuation scheme or any other scheme
approved by the Commissioner for Labour to which the employee
has agreed to contribute;
(b) a reasonable amount for any damage done to, or loss of, any
property lawfully in the possession or custody of the employer
occasioned by the wilful default of the employee;
(c) an amount not exceeding one day’s wages in respect of each
working day for the whole of which the employee, without leave or
other lawful cause, absents himself from the premises of the
employer or other place proper and appointed for the performance
of his work;
(d) an amount equal to the amount of any shortage of money arising
through the negligence or dishonesty of the employee whose
contract of service provides specifically for his being entrusted with
the receipt, custody and payment of money;
(e) any amount paid to the employee in error as wages in excess of the
amount of wages due to him;
(f) any amount the deduction of which is authorised by any written law
for the time being in force, collective agreement, wage
determination, court order or arbitration award;
(g) any amount in which the employer has no direct or indirect
beneficial interest, and which the employee has requested the
employer in writing to deduct from his wages;
(h) an amount due and payable by the employee under and in
accordance with the terms of an agreement in writing, by way of
repayment or part repayment of a loan of money made to him by the
employer, not exceeding fifty percent of the wages payable to that
employee after the deduction of all such other amounts as may be
due from him under this section; and
(i) such other amounts as the Minister may prescribe.
(2) No employer shall make a deduction from the wages payable to an
employee as an advance of wages in consideration of, or as a reward for, the
provision of employment for that employee, or for retaining the employee in
employment.
(3) Without prejudice to any right of recovery of any debt due, and
notwithstanding the provisions of any other written law, the total amount of all
deductions which under the provisions of subsection (1), may be made by an
employer from the wages of his employee at any one time shall not exceed

Employment Law: Annual Leave Labour Laws in Kenya

Below is section 28 of the Kenya Employment Act which deals with annual leave
28. Annual leave
(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.
(2) An employer may, with the consent of the employee divide the minimum
annual leave entitlement under subsection (1)(a) into different parts to be taken
at different intervals.
(3) Unless otherwise provided in an agreement between an employee and an
employer or in a collective agreement, and on condition that the length of service
of an employee during any leave-earning period specified in subsection (1)(a)
entitles the employee to such a period, one part of the parts agreed upon under
subsection (2) shall consist of at least two uninterrupted working weeks.
(4) The uninterrupted part of the annual leave with pay referred to in
subsection (3) shall be granted and taken during the twelve consecutive months
of service referred to in subsection (1)(a) and the remainder of the annual leave
with pay shall be taken not later than eighteen months from the end of the leave
earning period referred to in subsection (1)(a) being the period in respect of
which the leave entitlement arose.
(5) Where in a contract of service an employee is entitled to leave days in
excess of the minimum specified in subsection (1)(a), the employer and the
employee may agree on how to utilize the leave days.

Kenya Employment Act Cap 226

CHAPTER 226
EMPLOYMENT ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Application.
PART II – GENERAL PRINCIPLES
4. Prohibition against forced labour.
5. Discrimination in employment.
6. Sexual harassment.
PART III – EMPLOYMENT RELATIONSHIP
7. Contract of service.
8. Oral and written contracts.
9. General provision of contract of service.
10. Employment particulars.
11. Statement of initial particulars.
12. Statement on disciplinary rules.
13. Statement of changes.
14. Reasonably accessible document or collective agreement.
15. Informing employees of their rights.
16. Enforcement.
PART IV – PROTECTION OF WAGES
17. Payment, disposal and recovery of wages, allowances, etc.
18. When wages or salaries due.
19. Deduction of wages.
20. Itemised pay statement.
21. Statement of statutory deductions.
22. Power to amend provisions on pay and statements of deductions.
23. Security bond for wages.
24. Death of an employee.
25. Repayment of remuneration wrongfully withheld or deducted.
PART V – RIGHTS AND DUTIES IN EMPLOYMENT
26. Basic minimum conditions of employment.
27. Hours of work.
28. Annual leave.
29. Maternity leave.
30. Sick leave.
31. Housing.
32. Water.
33. Food.
34. Medical attention.
PART VI – TERMINATION AND DISMISSAL
35. Termination notice.
36. Payment in lieu of notice.
37. Conversion of casual employment to term contract.
38. Waiver of notice by employer.
39. Contract expiring on a journey may be extended.
40. Termination on account of redundancy.
41. Notification and hearing before termination on grounds of misconduct.
42. Termination of probationary contracts.
43. Proof of reason for termination.
44. Summary dismissal.
45. Unfair termination.
46. Reasons for termination or discipline.
47. Complaint of summary dismissal and unfair termination.
48. Representation.
49. Remedies for wrongful dismissal and unfair termination.
50. Courts to be guided.
51. Certificate of service.
PART VII – PROTECTION OF CHILDREN
52. Interpretation.
53. Prohibition of worst forms of child labour.
54. Complaint to the labour officer or police officer.
55. Powers of labour officer to cancel and prohibit contracts.
56. Prohibition of employment of children between thirteen years and sixteen years of
age.
57. Prohibition of written contracts for child between thirteen and sixteen years of age.
58. Restriction in employing child of between thirteen and sixteen years of age to
attend machinery.
59. Time restriction in employing a child.
60. Emergencies.
61. Registers of child in employment.
62. Medical examination of a child employee.
63. Determination of age.
64. Penalty for unlawful employment of child.
65. Penalty in case of death or injury of a child.
PART VIII – INSOLVENCY OF EMPLOYER
66. Insolvency of employer.
67. Definition of insolvency.
68. Debts to which this Part applies.
69. Limitation on amount payable under section 68.
70. Role of relevant officer.
71. Complaint to Industrial Court.
72. Transfer of rights and remedies.
73. Power to obtain information.
PART IX – EMPLOYMENT RECORDS
74. Records to be kept by employer.
75. False entries, etc.
PART X – EMPLOYMENT MANAGEMENT
76. Notification of vacancies.
77. Notification of filling or abolition of post.
78. Notification of termination of employment.
79. Register of employees.
80. Exemptions.
81. Offence under this Part.
PART XI – FOREIGN CONTRACTS OF SERVICE
82. Application of this Part.
83. Form and attestation.
84. Requirement before attestation.
85. Security in foreign contract of service.
86. Offence to induce person to proceed abroad under informal contract.
PART XII – DISPUTES SETTLEMENT PROCEDURE
87. Complaint and jurisdiction in cases of dispute between employers and employees.
88. General penalty and offences under other laws.
89. Savings of contracts of service made abroad.
90. Limitations.
PART XIII – MISCELLANEOUS PROVISIONS
91. Rules.
92. Repeal of Cap. 226 and savings.
93. Transitional provisions.

Labour Laws: Employment Contract in Kenya

An employment contract or contract of employment is a kind of contract used inlabour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. But generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the controversial labour lawyer SirOtto Kahn-Freund,

"the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'. The main object of labour law has been, and... will always be a countervailing force to counteract theinequality of bargaining powerwhich is inherent and must be inherent in the employment relationship."

Terminology
A contract of employment usually defined to mean the same as a "contract of service".^[2] A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick leave, fair dismissal, a written statement of the contract, the right to organise in a union, and so on. The assumption is that genuinely self-employed people should be able to look after their own affairs, and therefore work they do for others should not carry with it an obligation to look after these rights.

Structure
An employment contract should clearly define all terms and conditions of the employment relationship. The most common elements to any employment contract include the following:
Terms of Employment
Employee Responsibilities
Employee Benefits
Employment Absence
Dispute Resolution
Nondisclosure Agreements
Ownership Agreements
Assignment Clauses
Employment Opportunity Limitations
Grounds for Termination