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.
Section 61 - Registers of child in employment
An employer who employs a child shall keep and maintain a register containing the following particulars of every child he employsâ
(a) age and date of birth;
(b) date of entry into and of leaving...
Section 63 - Determination of age
(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...
Section 66 - Insolvency of employer
Where on an application made to him in writing by an employee or his representative the Minister is satisfied thatâ
(a) the employer of an employee has become insolvent;
(b) the employment of the...
Section 67 - Definition of insolvency
An employer is insolvent for the purposes of this Partâ
(a) if the employer is a person whoâ
(i) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or...
Section 68 - Debts to which this Part applies
This Part applies to the following debtsâ
(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...
Section 70 - Role of relevant officer
(1) Where a relevant officer has been, or is required to be, appointed in connection with an employerâs insolvency, the Minister shall not make a payment under section 66 in respect of a debt until...
Section 71 - Complaint to Industrial Court
(1) A person who has applied for a payment under section 66 may present a complaint to the Industrial Courtâ
(a) that the Minister has failed to make the payment; or
(b) that the payment made by...
Section 72 - Transfer of rights and remedies
(1) Where, in pursuance of section 66, the Minister makes a payment to an employee in respect of a debt to which this Part appliesâ
(a) on the making of the payment, any rights and remedies of the...
Section 73 - Power to obtain information
(1) Where an application is made to the Minister under section 66 in respect of debt owed by an employer, the Minister may requireâ
(a) the employer to provide him with such information as he may...
Section 74 - Records to be kept by employer
(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 particularsâ
(a) of a policy statement...
Section 75 - False entries, etc.
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...
Section 76 - Notification of vacancies
(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...
Section 79 - Register of employees
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...
Section 80 - Exemptions
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...
Section 81 - Offence under this Part
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...
Section 82 - Form and attestation
A foreign contract of service shall be in the prescribed form, signed by the parties thereto, and shall be attested by a labour officer.
Section 83 - Requirement before attestation
A foreign contract of service shall not be attested unless the labour officer is satisfiedâ
(a) that the consent of the employee to the contract has been obtained;
(b) of the absence of any fraud,...
Section 90 - Limitations
Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act (Cap. 22), no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie...
Section 91 - Rules
(1) The Minister may, after consultation with the Board, make rules providing for all or any of the purposes, for the administration of this Act or that may be necessary or expedient for carrying out...
Section 92 - Repeal of Cap. 226 and savings
(1) The Employment Act is repealed.
(2) Except where otherwise provided, the provisions of this Act shall be in addition to, and not in substitution for or in derogation of, the provisions of any...
Section 93 - Transitional provisions
A valid contract of service, and foreign contract of service to which Part XI applies, entered into in accordance with the Employment Act (now repealed) shall continue in force to the extent that the...