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EMPLOYMENT / LABOUR

In this area of practice

Employment & Labour law is concerned with the rights and responsibilities of workers. We deal with all issues related to Labour law. 

The statutory sources of labour and employment law are as follows:

  • The Constitution of Kenya 2010 provides for the rights and freedoms of employees, employers' organisations and trade unions.

  • The Employment Act 2007 governs the relationship between employers and employees and provides for the minimum conditions of employment.

  • The Labour Institutions Act (12/2007) governs the creation of labour institutions such as:

    • the National Labour Board, which advises the cabinet secretary for labour on employment matters;

    • the Commission of Inquiry;

    • the director of employment; and

    • other employment bodies, such as the Wages Council, which handle inspections and administration of labour relations.

  • The Labour Relations Act 2007 governs the registration and relations of trade unions and employers' organisations, and promotes employees' freedom of association.

  • The Occupational Safety and Health Act 2007 governs employees' safety, health and welfare in the workplace.

  • The Work Injury Benefits Act 2007 governs the compensation of employees for injuries or diseases contracted during employment.

  • The National Social Security Fund Act governs eligibility and terms of contribution to for employee pensions.

  • The National Health Insurance Fund Act governs eligibility and terms of contribution to the national medical fund for employees.

  • The Employment and Labour Relations Court Act 2014 and the Employment and Labour Relations (Procedure) Rules 2016 govern the establishment, jurisdiction, mandate and procedure of handling disputes in the Employment and Labour Relations Court.

  • International treaties have also been ratified, including International Labour Organization conventions such as:

    • the Forced Labour Convention;

    • the Equal Remuneration Convention;

    • the Minimum Age Convention; and

    • the Worst Forms of Forced Labour Convention

 

Some of the Key Services our team at Olum Advocates provide are:

  • Employment rights and representations

  • Employment benefits

  • Offshore onboarding & outsourcing

  • Discrimination and harassment

  • Dismissals and terminations

We look forward to help you in your legal matters.

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