Section 35 of Employment Act CAP 226: Termination 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...

(1) Notwithstanding any provisions of this Act, where a casual employee— (a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less...

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...

If the period expressed in a contract of service expires, or if an employee seeks to terminate a contract where no agreement is expressed respecting its duration while the employee is engaged on a...

(1) An employer shall not terminate a contract of service on account of redundancy unless the employer complies with the following conditions— (a) where the employee is a member of a trade union,...

(1) Subject to section 42(1), an employer shall, before terminating the employment of an employee, on the grounds of misconduct, poor performance or physical incapacity explain to the employee, in a...

(1) The provisions of section 41 shall not apply where a termination of employment terminates a probationary contract. (2) A probationary period shall not be more than six months but it may be...

(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...

(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...

(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 prove— (a) that the reason for the...

The following do not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty— (a) a female employee’s pregnancy, or any reason connected with her pregnancy; (b) the...

(1) Where an employee has been summarily dismissed or his employer has unfairly terminated his employment without justification, the employee may, within three months of the date of dismissal, present...

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...

(1) Where in the opinion of a labour officer summary dismissal or termination of a contract of an employee is unjustified, the labour officer may recommend to the employer to pay to the employee any...

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...

(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...

In this Part, except where the context otherwise requires— “employment” means employment of a child in a situation where— (a) the child provides labour as an assistant to another person and his...

(1) Notwithstanding any provision of any written law, no person shall employ a child in any activity which constitutes worst form of child labour. (2) The Minister shall, in consultation with the...

(1) A person may make a complaint to a labour officer or a police officer of the rank of an inspector and above if that person considers any child to be employed in any activity which constitutes...

(1) A labour officer may, by notice in writing served upon an employer, terminate or cancel any contract of service, other than a deed of apprenticeship or indentured learnership lawfully entered...

(1) No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking. (2) A child of between thirteen years of age and sixteen years of...

Subject to the provisions of the Industrial Training Act relating to contracts of apprenticeship or indentured learnership, a person who employs a child of between thirteen and sixteen years of age,...

(1) No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions...

(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...

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.

An employer who employs a child shall keep and maintain a register containing the following particulars of every child he employs— (a) age and date of birth; (b) date of entry into and of leaving...

An authorised officer may require a child in employment to be medically examined at any time during the period of the child’s employment.

(1) If, during the hearing of a charge for an offence under this Act it is alleged that any person was at the date of the offence of, over or under a particular age, the court hearing the charge...

(1) A person who employs, engages, or uses a child in an industrial undertaking in contravention of the provisions of this Part, commits an offence. (2) A person who uses a child in any activity...

(1) If a child is killed, dies or suffers any bodily injury in consequence of his employer having contravened any provision of this Part, the employer shall, in addition to any other penalty, be...

Where on an application made to him in writing by an employee or his representative the Minister is satisfied that— (a) the employer of an employee has become insolvent; (b) the employment of the...

An employer is insolvent for the purposes of this Part— (a) if the employer is a person who— (i) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or...

This Part applies to the following debts— (a) any arrears of wages in respect of one or more months, but not more than six months or part thereof; (b) any amount which the employer is liable to...

(1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt to which this Part applies, where the amount of the debt is referable to a...

(1) Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Minister shall not make a payment under section 66 in respect of a debt until...

(1) A person who has applied for a payment under section 66 may present a complaint to the Industrial Court— (a) that the Minister has failed to make the payment; or (b) that the payment made by...

(1) Where, in pursuance of section 66, the Minister makes a payment to an employee in respect of a debt to which this Part applies— (a) on the making of the payment, any rights and remedies of the...

(1) Where an application is made to the Minister under section 66 in respect of debt owed by an employer, the Minister may require— (a) the employer to provide him with such information as he may...

(1) An employer shall keep a written record of all employees employed by him, with whom he has entered into a contract under this Act which shall contain the particulars— (a) of a policy statement...

A person who makes, causes to be made or knowingly allows to be made an entry in a register, record, book or other document whatsoever, required by this Act to be kept, which that person knows to be...

(1) This Part shall apply to an employer who employs twenty-five employees or more. (2) An employer shall notify the Director of every vacancy occurring in his establishment, business or work place...

When a post, which has been notified to the Director as vacant, has been filled or has been abolished before being filled, the employer shall notify the employment service office of this in writing...

An employer shall notify the termination of every employment and of each layoff of a person in writing to the nearest employment service office within two weeks of the termination or lay-off.

An employer shall keep a register in which the employer shall enter the full name, age, sex, occupation, date of employment, nationality and educational level of each of his employees and a return of...

The Minister may exempt any category of employers, any sector of industry or any industry from this Part, or any section of this Part or may vary the limit of its application provided under section 76...

An employer who contravenes any of the provisions of this Part commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term...

A foreign contract of service shall be in the prescribed form, signed by the parties thereto, and shall be attested by a labour officer.

A foreign contract of service shall not be attested unless the labour officer is satisfied— (a) that the consent of the employee to the contract has been obtained; (b) of the absence of any fraud,...

(1) When the employer who enters into a foreign contract of service does not reside or carry on business within Kenya, the employer shall, or where the employer resides in Kenya, the labour officer...

A person who— (a) employs, engages, or knowingly aids in the employment or engagement of, a person with the intention that when so employed or engaged that person shall proceed outside the limits of...