Welcome to our segment on understanding the Kenyan Employment Act 2007. If you have not seen our other articles, please make a point of reading them to get insights on Recruiters' POV as well as management advice for business owners.

This new sectional on Employment Law will be dedicated to sharing as much as we can on Kenyan Labor Laws, to start with before we take on other countries. This article is useful for HR Practioner(s), business owners, managers and anyone who is paying for labor in Kenya. Let's begin!

In our endeavor to sensitize business owners and company managers who have employees in Kenya, we have come up with a plan to share some key insights based on the Employment Act 2007, Chapter 226. If you are unfamiliar with this, it is from the constitution of the Republic of Kenya.

Chapter 226 of the Employment Act 2007 covers all aspects of the employment relationship between an employer and employee. This means, the employment rights for both employers and employees. It's crucial for both parties to understand their rights and obligations under the law to ensure fair and respectful workplace practices. Let's proceed with discussing some key insights from Part One of the Employment Act.

We start by breaking down the definitions provided in Part One of the Employment Act:

• Authorised Officer: This term refers to individuals such as labour officers, employment officers, or medical officers who are empowered to perform certain functions under the Act.
• Board: Refers to the National Labour Board, which likely serves as a governing or regulatory body overseeing labor-related matters.
• Casual Employee: Describes an individual engaged for short-term work, typically paid at the end of each day, and not employed for longer than twenty-four hours at a time.
• Child: Defined as a person who has not yet reached the age of eighteen years.
• Collective Agreement: Refers to a registered agreement made in writing between a trade union and an employer or employers' organization, outlining terms and conditions of employment.
• Contract of Service: An agreement, whether oral or written, to employ or serve as an employee for a specified period, including contracts of apprenticeship and indentured learnership.
• Dependent: A family member or relative who substantially relies on an employee for their livelihood.
• Director: A person appointed as the Director of Employment under the Act.
• Disability: Any physical, sensory, mental, or other impairment that adversely affects a person's social and economic participation.
• Employee: Any person employed for wages or salary, including apprentices and indentured learners.
• Employer: Any entity that has entered into a contract of service to employ an individual, including agents, managers, or representatives thereof.
• Forced or Compulsory Labour: Refers to work or service extracted from an individual under threat of penalty, not offered voluntarily.
• HIV: Stands for Human Immunodeficiency Virus.
• Industrial Undertaking: Includes various types of industrial or construction activities as specified under the Act.

These definitions lay the groundwork for understanding the subsequent provisions and rights outlined in the Act. You can also download the Employment Act 2007 here

Look out for more articles on Kenya’s Employment Act 2007, we will be sharing more tips, insights and breaking down what each section requires of employees and employers.

If you are an employer in Kenya and would like us to come and do a HR audit or any other HR service, let us know and we will make arrangements. Our contact is info@edasconsulting.co.ke or on WhatsApp/call at 254748999339 or follow us on LinkedIn, X, Facebook as EDAS Consulting Services