According to the Old Age Ordinance, which is subject to the provisions of the Law on Wages and Conditions of Employment, the total working time is 52 per week. The Court will intervene in the event of a lack of good faith. Sometimes an employer may dismiss an employee if he actually fires him for a reason that is not sufficient for immediate dismissal. In these circumstances, the Court may consider whether there has been victimization, bias or unfair work practices. Failure to comply with the principles of natural justice may also result in the intervention of the Court. It is considered unfair to base termination on an employee`s race, tribe or creeds. An employee`s gender should only be considered to the extent permitted by law and in favour of the employee. A normal weekly day of rest is a day on which an employee is entitled to rest after working six consecutive days. In terms of numbers, workers in the province of what the law calls essential services represent a significant proportion of the unionized population in the country. What`s more, these companies have the most skilled (and probably politically aware) workforce. The establishment, structure and organization of trade unions in independent Kenya are clearly regulated by various national instruments, namely the Trade Union Act, the Industrial Disputes Act and the Industrial Relations Charter. The Working Group on Labour Law Review had recently introduced a draft law on industrial relations which would repeal the two previous laws once enacted. Industrial relations in Kenya are governed by a number of sources: constitutional rights, as noted above; legal rights as set out in laws and regulations; rights established by collective agreements and orders for the renewal of collective agreements; and individual employment contracts.
In the Tripartite Industrial Relations Charter (1980), the Parties agree to abolish all discrimination against workers on the grounds of race, colour, sex, creed, tribal or trade union membership, including discrimination concerning: (a) admission to public or private employment; (b) Labour laws and arrangements providing equitable economic treatment to all persons legally residing or working in the country; (c) conditions of recruitment and promotion; (d) vocational training opportunities; (e) working conditions; (f) animal health, safety and welfare measures; (g) discipline: (h) participation in the negotiation of collective agreements; (i) wage rates; determined on the basis of the principle of equal pay for work of equal value in the same establishment and undertaking. According to the General Wages Ordinance, the normal hours of work are 52 hours per week and 60 hours per week for night workers. Normal working time per day is not clearly mentioned, but for young workers, normal working time is 6 hours per day. “Casual workers” are employees who are employed for up to 24 hours and receive their wages at the end of the day when their engagement ends. Casual workers do not enter into a contract with the employer. However, the law provides that if a casual worker is employed continuously for more than one month or if his duties cannot be performed within three months, the casual worker`s employment is converted to full-time employment. Employees who work on weekly rest days are entitled to payment equal to twice the normal wage for that work. If an employee has to work overtime on a day of rest, he or she receives double the regular wage for that work. Labour law § 27 Yes. The Labour Institutions Act gives the Cabinet Secretary for Labour, Social Security and Services the power to issue wage ordinances to regulate the minimum wage and other matters.
The mandatory minimum wage varies according to the categories of workers. The minimum wage also differs according to the sector of employment and the physical place of employment and is regularly revised by the government. Children under the age of 16 should not be employed in an industrial enterprise or use machinery unless they are apprentices or apprentices. `industrial undertaking` means any activity connected with surface or underground mining (such as mines and quarries), any factory and any form of construction and installation (such as buildings, railways, roads, tunnels, bridges, canals, sewers, gas works, telegraphic, telephone or electrical installations or waterworks), as well as the transport and transhipment of persons or goods by road; Rail or inland waterway transport. Paragraphs 24(2)(a) to (d) therefore cover most potentially hazardous working conditions. What does the law say about working weekends and special days? There is no full-fledged system of labour courts in Kenya. As already mentioned, individual labour disputes are dealt with by the ordinary courts. The labour official is expected to do everything he can to resolve the conflict. If he fails or feels unable to solve the problem, he can refer it to the judge. The judge then has the power to hear the dispute, even if it is beyond his normal powers.
Workers who may not be able to trade through unions are at a disadvantage. Access to the labour court is limited by the rules of practice and only trade union disputes can be heard by the labour court.