Section 11 - Statement of initial particulars
(1) If in the case of a statement under section 10 there are no particulars to be entered under subsection (2)(d) or (j) or under any of the other provisions of section 10(2) or (3), that fact shall...
Section 12 - Statement on disciplinary rules
(1) A statement under section 10 shallâ
(a) specify the disciplinary rules applicable to the employee or refer the
employee to the provisions of a document which is reasonably accessible to the...
Section 13 - Statement of changes
(1) If, after the material date there is a change in any of the particulars required under sections 10 and 12, the employer shall give to the employee a written statement containing particulars of the...
Section 16 - Enforcement
(1) Where an employer does not give an employee a statement as required by section 10, 12 or 13 or an itemised pay statement as required by section 20, the employee may file a complaint with the...
Section 18 - When wages or salaries due
(1) Where a contract of service entered into under which a task or piece-work is to be performed by an employee, the employee shall be entitledâ
(a) when the task has not been completed, at the...
Section 19 - Deduction of wages
(1) Notwithstanding section 17(1), an employer may deduct from the wages of his employeeâ
(a) any amount due from the employee as a contribution to any provident fund or superannuation scheme or any...
Section 20 - Itemised pay statement
(1) An employer shall give a written statement to an employee at or before the time at which any payment of wages or salary is made to the employee.
(2) The statement specified in subsection (1)...
Section 21 - Statement of statutory deductions
(1) A pay statement issued in accordance with section 20 need not contain separate particulars of statutory deductions ifâ
(a) it contains an aggregate amount of statutory deduction, including that...
Section 23 - Security bond for wages
(1) An employer who is not incorporated or resident in Kenya may be required by the Minister to pay a bond assessed at the equivalent of one monthâs wages for all employees employed or to be employed...
Section 24 - Death of an employee
(1) When the death of an employee from any cause whatsoever is brought to the notice or comes to the knowledge of the employeeâs employer, the employer shall as soon as practicable thereafter, give...
Section 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...
Section 28 - Annual leave
(1) An employee shall be entitledâ
(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...
Section 29 - Maternity leave
(1) A female employee shall be entitled to three months maternity leave with full pay.
(2) On expiry of a female employeeâs maternity leave as provided in subsections (1) and (3), the female...
Section 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...
Section 31 - Housing
(1) An employer shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment, or shall pay to the employee...
Section 32 - Water
An employer shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing...
Section 33 - Food
(1) An employer shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service, ensure that an employee is properly fed and supplied with...
Section 34 - Medical attention
(1) Subject to subsection (2), an employer shall ensure the sufficient provision of proper medicine for his employees during illness and if possible, medical attendance during serious illness....
Section 35 - Termination notice
(1) A contract of service not being a contract to perform specific work, without reference to time or to undertake a journey shall, if made to be performed in Kenya, be deemed to beâ
(a) where the...
Section 36 - Payment in lieu of notice
Either of the parties to a contract of service to which section 35(5) applies, may terminate the contract without notice upon payment to the other party of the remuneration which would have been...
Section 38 - Waiver of notice by employer
Where an employee gives notice of termination of employment and the employer waives the whole or any part of the notice, the employer shall pay to the employee remuneration equivalent to the period of...
Section 40 - Termination on account of redundancy
(1) An employer shall not terminate a contract of service on account of redundancy unless the employer complies with the following conditionsâ
(a) where the employee is a member of a trade union,...
Section 43 - Proof of reason for termination
(1) In any claim arising out of termination of a contract, the employer shall be required to prove the reason or reasons for the termination, and where the employer fails to do so, the termination...
Section 44 - Summary dismissal
(1) Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory...
Section 45 - Unfair termination
(1) No employer shall terminate the employment of an employee unfairly.
(2) A termination of employment by an employer is unfair if the employer fails to proveâ
(a) that the reason for the...
Section 46 - Reasons for termination or discipline
The following do not constitute fair reasons for dismissal or for the imposition of a disciplinary penaltyâ
(a) a female employeeâs pregnancy, or any reason connected with her pregnancy;
(b) the...
Section 48 - Representation
In any complaint made under section 47, no advocate shall represent a party in the proceedings before a labour officer, but any party may be assisted or represented by an official of a trade union or...
Section 50 - Courts to be guided
In determining a complaint or suit under this Act involving wrongful dismissal or unfair termination of the employment of an employee, the Industrial Court shall be guided by the provisions of section...
Section 51 - Certificate of service
(1) An employer shall issue to an employee a certificate of service upon termination of his employment, unless the employment has continued for a period of less than four consecutive weeks.
(2) A...
Section 52 - Interpretation
In this Part, except where the context otherwise requiresâ
âemploymentâ means employment of a child in a situation whereâ
(a) the child provides labour as an assistant to another person and his...
Section 59 - Time restriction in employing a child
(1) Subject to section 60, no person shall employ a child in an industrial undertaking between the hours of 6.30 p.m. and 6.30 a.m.
(2) Notwithstanding the provision of subsection (1), a person may...
Section 60 - Emergencies
In case of a serious emergency, when the public interest demands it, the Minister may, by notice in the Gazette, suspend the operation of section 59.