Employees’ Rights – Kenyan Labour Laws

To ensure these diligent individuals are protected, respected, and treated fairly, the Employment Act of Kenya, 2007  and the accompanying Employment General Rules, 2014, lays down a comprehensive range of employee rights. Let’s dive deep into understanding these rights so employees and employers can foster a harmonious, healthy and just work environment.

1. Zero Tolerance for Forced Labor: No individual can be made to work against their will. Forced labor is a stern no-no under Kenyan law.
2. Prohibition of Discrimination in the Workplace: Whether it’s your race, gender, religious beliefs, marital status, or even your health status like HIV – you have the right not to be discriminated against on these grounds, be it during recruitment or termination.
3. Equal Work Deserves Equal Pay: Employees have the right to equal remuneration for work of equal value, ensuring fairness in pay scales. Further, you should only be paid in money value and nothing like payment in kind.
4. Timely Wages: Employees have the right to receive their wages promptly at predetermined intervals as per their contracts, only subject to lawful deductions.
5. Safeguarding Against Unwanted Sexual  Advances: Sexual harassment is vehemently discouraged, and it is a punishable offence. Employers with a workforce exceeding 25 must also furnish a policy statement on the same.
6. Ensuring a Safe Work Environment: Employees are entitled to a conducive workplace environment, emphasizing health and safety.
7. Casual Workers’ Pay: Daily wagers or casual employees should receive their pay at the day’s end.
8. Reasonable Work Hours: With employers defining work hours, employees must receive at least one rest day weekly.
9. Recognizing Continuous Service: Any employee offering continuous service exceeding three months should be acknowledged with an appointment letter.
10. Annual Leaves: Post 12 consecutive service months, employees should get a minimum of 21 working days as paid annual leave.
11. Maternity and Paternity Benefits: Women receive three months of fully paid maternity leave, extendable with employer consent. Notably, this does not affect their annual leave. Men, on welcoming a newborn, are entitled to a two-week paternity leave.
12. Pre-Adoptive Leave: If you’re welcoming an adopted child into your life, you can avail a month’s pre-adoptive leave.
13. Sick Leaves: Post two months of employment, an employee can claim seven days of sick leave upon presenting a valid medical certificate.
14. Housing & Essential Amenities: Reasonable housing accommodation or a fitting housing allowance is an employee’s right. Additionally, workplaces must ensure clean drinking water and proper medical care during work hours.
15. Safeguard Against Employer Insolvency: Should an employer face insolvency, the government compensates the employees.
16. Proper Termination Protocols: An employer cannot abruptly end an employment contract. Proper notice or equivalent payment is mandatory. Additionally, if termination is due to redundancy, employees should receive at least 15 days’ pay for each year worked.
17. Fair Hearings & Probationary Periods: Misconduct doesn’t warrant immediate termination. Every employee deserves a fair hearing. Probationary employees are also entitled to a week’s notice or equivalent pay if their contract ends.
18. Union Memberships & Pregnancy: Being part of a trade union or being pregnant cannot be grounds for contract termination.
19. Certification of Service: Upon ending a contract, every employee should receive a service certificate.