In Kenya, employment is subject to general contract law as well as common law principles. Thus, employment is generally considered to be an individual relationship negotiated between the employee and the employer based on their particular needs. A number of laws have been passed that specifically address various aspects of the employer-employee relationship. These laws define the conditions of work and employment and consist mainly of four acts of parliament: What laws govern employment contracts in Kenya? Section 4 of the Statutory Holidays Act specifies that if a statutory holiday falls on a Sunday, it will be carried forward to the next day, which is not a statutory holiday. It simply means that the holiday is given on Monday, and if Monday is also a holiday, then Tuesday becomes the day on which the holiday is postponed. What does the law say about working on weekends and special days? An employment or service contract is an agreement, oral or written, express or implied, to employ or serve an employee for a specified period of time, and which includes a training contract and contractually related management, but not a foreign service contract. ** These holidays depend on the observation of the moon. The law sets the normal number of working hours that vary depending on the industry. If an employee works beyond normal hours per week as indicated, overtime will be treated as overtime. Public holidays (second schedule, paragraph 9, subsidiary of the Law on Wage and Employment Conditions) Oral contracts are allowed; However, the employee must also receive a written statement containing the conditions listed above. However, it is not recommended to conclude an oral employment contract, since in the event of legal proceedings, the burden of proof or rebuttal of an alleged period of employment lies with the employer (§ 10 para. 7). If an employer does not provide an employment contract or a written explanation of the information, he will not prove a provision contained therein and the dispute may be settled against him.
It is therefore very important to provide an employee with a written contract or at least a written explanation of the details. Therefore, it is not a question of whether certain days should be considered weekends or special, as the law clearly states that employees are entitled to at least one day of rest. This means that if an employee normally has Sundays off, Saturday should be a full workday in accordance with the above provision. What is a “written statement on the details of employment” and what are its components? The employer must provide the employee with a written declaration of the details of the essential conditions of the employment contract (Labour Code, § 10) within two months of the start of the employment relationship. Yes. Each employee is entitled to full payment of his/her remuneration for public holidays/public holidays. If employees work on both public holidays and a normal day of rest, they are entitled to a payment of an amount equal to twice the rate of pay in addition to their normal salary. Kenya does not clearly provide for breaks during working hours, but sets the daily working time limit at 8 hours per day. The law does not openly establish such a situation in which an employee cannot be paid for overtime at certain rates and can instead be paid by free time. On the other hand, the amount to which an employee is entitled if he has worked overtime has been indicated.
If the above information is listed in a written contract provided to an employee, the employer is not required to provide the written information to the employee. It is also your duty as an employer to ensure that all written information or elements of the contract are explained to the employee in a way that an employee understands (§ 9 para. 4). Kenya does not clearly plan for a short-term deployment. Persons under the age of 16 are not allowed to work more than six hours a day (or 36 hours a week). Collective agreements can change hours of work, but generally provide for weekly hours of work of 40 to 52 hours per week. There are mainly four types of contracts under which you can employ someone, and these are: No. Each of the above conditions applies only to an employee who works for a period of three months or more.
As a general rule, payments for public holidays, rest days or overtime after the hectic day are made in the same way that the employee`s remuneration is normally paid. Article 27 of the Labour Code regulates working days, whether weekends or special days. § 27 Abs. 2 provides: `Notwithstanding paragraph 1, a worker shall be entitled to at least one day`s rest in any seven-day period.` Are there special rights for special groups of people (elderly, disabled, children?) If the employer does not comply with the payments provided for by the provisions of the law, article 86 of the Labour Code provides that an employee who has a complaint against his employer in such matters may file a complaint with the labour officer or file a complaint with the labour court. At the same time, section 87 of the Employment Act and section 61 of the Labour Institutions Act stipulate that a person (employer) who fails to comply with any of the provisions of the laws for which no penalty is established shall be punished on conviction by a fine not exceeding KES 50,000 or by imprisonment for a term not exceeding three months or both. In the agricultural industry, with the exception of a rancher, shepherd or security guard, an employee who has to work on a statutory holiday is paid for the hours worked twice as fast as the normal basic hourly rate. What does the law say about lunch break/tea time/breaks? Is an employee entitled to remuneration on public holidays? A person employed for night work may not work more than 60 hours per week. * These feasts depend on the two Christian calendars. Is there a situation where I might not get paid for overtime? As an employer, do I have to provide a written explanation of the details or an employment contract to someone I employ for a few days? How long does it take for an employer to issue an employment contract to a newly hired employee? Kenya does not provide for special groups of workers with regard to the payment of public holidays. Overtime is paid at one and a half times the hourly rate on weekdays and twice the hourly rate on Sundays and public holidays.
There are different regulations for wages that cover different sectors of the economy. However, some regulations, such as the Cape 229 Hotels and Gastronomy Ordinance, provide that an employee who has worked on a public holiday “will be released with his or her full pay within 14 days instead of paying overtime.” However, if an employee in this industry has to work on a holiday that falls on his day of rest, he is “paid twice the hourly rate for the hours worked and receives another day off instead of his day of rest”. A normal weekly rest day is a day on which an employee has the right to rest from work after working six consecutive days. The general working time is 52 per week, but the normal working time generally consists of 45 working hours per week. This could be, for example, eight hours from Monday to Friday and five hours on Saturday. An employment data statement is a list of information about an employee and the terms and conditions of employment that the employer must provide to an employee within two months of the employee`s employment starting. Employment data must include the following information about an employee:.