Provisions
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(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 of the Industrial Training Act, in an industrial undertaking to attend to machinery. (2) No person sh…
(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 employ a male young person in cases of emergencies which could not have been controlled or foreseen, a…
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 the employment; (c) such other particulars as may be prescribed.
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 shall, after such inquiry as it considers necessary and after hearing any evidence which may be tendered…
(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 constituting worst form of child labour commits an offence and shall on conviction be liable to a fine no…
(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 liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceedin…
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 employee has been terminated; and (c) on the appropriate date the employee was entitled to be paid the w…
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 (ii) has died and his estate is to be administered in accordance with the Law of Succession Act; (b) if the empl…
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 pay the employee for the period of notice required by section 36 or for any failure of the employer to giv…
(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 period of time, shall not exceed— (a) ten thousand shillings or one half of the monthly remuneration…
(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 the Minister has received a statement from the relevant officer of the amount of that debt which appea…
(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 the Minister is less than the amount which should have been paid. (2) The Industrial Court shall not cons…
(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 employee in respect of the debt or, if the Minister has paid only part of it, in respect of that part b…
(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 reasonably require for the purpose of determining whether the application is well founded; and (b) any p…
(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 under section 6(2) where applicable; (b) specified in section 10(3); (c) specified in section 13; (d) s…
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 false in a material particular, or produces, furnishes, causes or knowingly allows to be produced or…
(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 in a prescribed form giving the following details— (a) the employer’s name and full address; (b) detai…
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 within two weeks of the filling of the post or of its abolition, as the case may be.
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 employees for each calendar year, ending on 31st December containing such information shall be sent…
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 (1).
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 not exceeding six months or to both.
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, coercion or undue influence, and any mistake of fact, or misrepresentation which might have induced the…
(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 may require the employer to give security by bond in the prescribed form, with one or more sureties re…
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 Kenya; or (b) induces or attempts to induce an employee to proceed outside the limits of Kenya, unles…
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 Kenya; or (b) induces or attempts to induce an employee to proceed outside the limits of Kenya, unles…
(1) Subject to the provisions of this Act whenever— (a) an employer or employee neglects or refuses to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or (c) touching any misconduct, neglect or ill-treatment of either…