What is Labour Law?
Labour law is a body of legislation under the Kenya employment act that defines your rights and obligations as workers and employers
... [Show More] in the workplace.
The Kenya Labour law (also spelled as "labor" law or called "employment law") mediates the relationship between workers (employees), employers, trade unions and the government.
Collective labour law relates to the tripartite relationship between employee, employer and union.
Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the Industrial Revolution.
Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors will work.
At Community level, labour law covers two main areas:
Working conditions, including working time, part-time and fixed-term work, and posting of workers
Information and consultation of workers, including in the event of collective redundancies and transfers of undertakings.
History of Kenya labour law
Kenya Labour laws arose due to the demand for workers to have better conditions, the right to organize, or, alternatively, the right to work without joining a labour union, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low.
Employers' costs can increase due to workers organizing to achieve higher wages, or by laws imposing costly requirements, such as health and safety or restrictions on their free choice of whom to hire.
Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power.
The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.
The sources of Kenya labour law
The sources of labour law in kenya are found in statutes (Acts of Parliament),
1. the constitution of Kenya 2010,
2. the common law and international treaties, principles and conventions.
3. the Acts of Parliament include: the Kenya Employment Act, the Labour relations Act that regulates the relationship between trade unions and employers or employees and employers or employers' organisation, the Labour Institutions Act that creates the National Labour Board, the Commission of Inquiry, the Wages Councils (both the general and the agricultural wages council), the Directorate of Labour Administration and Inspection and the Employment Agencies under the Director of employments ambit.
4. Case Law
The Constitution in its article 40 provides for the right to associate, article 41 right of workers, employers, trade unions and employers organisation and as well in its subsection 5 the right to collective bargaining. in its article 36 freedom of association, article 37 right to assembly, picketing and demonstration.
The common law principles also apply such as the tort of vicarious liability where the employer is responsible for the acts of an employee, civil actions in industrial accidents and also imposes a duty of the employer and employee such as confidentiality on the employee and the issue of compensation of part of the employer for injury or unfair termination of contract.
the Constitution in its article 2(5)(6)provides for the adoption of internationally generally accepted principles and the ratified treaties to for part of Kenyan law. these will include conventions of the international labour organization such as the minimum age convention, Equal Remuneration Convention etc.
Customary law however does not apply.
The Constitution contains several provisions of relevance to employment and labour law:
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the right to equality;
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protection of dignity;
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protection against servitude, forced labour and discrimination;
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the right to pursue a livelihood; and
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protection for children against exploitative labour practices and work that is hazardous to their wellbeing.
It is important to interpret all labour legislation in light of the Constitution.
The Constitution deals specifically with labour relations, providing that everyone has the right to fair labour practices, and specifically the right,to form and join a trade union; to participate in the activities and programmes of a trade union; and to strike.
Every employer, meanwhile, has the right
to form and join an employers’ organisation; and
to participate in the activities and programmes of an employers’ organisation.
Every trade union and every employers’ organisation has the right to determine its own administration, programmes and activities; to organise; and to form and join a federation Finally, every trade union, employers’ organisation and employer has the right to engage in collective bargaining.
Employment Act
The Kenya labour laws of 2007(Employment Act, Labour Institutions Act, Labour Relations Act, Occupational Safety and Health Act and Work Injury Benefits Act) replaced the Kenya Employment Act and Regulation of Wages and Conditions of Employment Act. lt establishes minimum terms and conditions of employment.
Unlike the repealed Act, the new one defines a number of common terms – probationary contract, migrant workers, worst forms of child labour, dependant, forced or compulsory labour and HIV.
lt also provides for prohibition against forced labour, discrimination in employment on the basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, mental or HIV status and sexual harassment.
lt deals with payment, disposal and recovery of wages, allowances and deductions of an employee. The major changes are that the employer cannot deduct employees’ wages exceeding two thirds.
The previous law provided for deductions up to 50 per cent. Further, all employees are entitled to itemised payslips or salary statements. [Show Less]