EMPLOYEE RIGHTS IN KENYA
The Employment Act in Kenya defines an employee as a person employed for wages or a salary, including apprentices and indentured learners. Employees work under contracts of service, while an employer refers to any person, public body, firm, corporation, or company that has entered into such a contract. This includes agents, foremen, managers, and representatives.
Employment contracts establish rights and duties for both parties. Kenyan law outlines these rights, which are also enshrined in the Constitution, particularly in the Bill of Rights, ensuring fair treatment and protection in employment. The Employment Act further specifies these rights, which include:
Freedom from Slavery, Servitude, and Forced Labour
Article 30 of the Constitution prohibits slavery, servitude, and forced labour. Employment must be based on mutual consent, with employees freely accepting job offers and agreeing to their terms. Section 4 of the Employment Act reinforces this principle.
Equality and Freedom from Discrimination
Article 27 of the Constitution protects individuals from discrimination based on race, sex, pregnancy, marital status, health, ethnicity, social origin, colour, age, disability, religion, conscience, belief, culture, dress, language, or birth. Everyone is entitled to equal opportunities in political, economic, cultural, and social spheres. Section 5 of the Employment Act requires employers to uphold non-discriminatory practices.
Labour Rights under Article 41 of the Constitution
Right to Fair Labour Practices
Employees are entitled to fair treatment in all aspects of employment, including hiring, promotions, wages, disciplinary actions, complaint resolution, transfers, termination, occupational safety, and working conditions.
Right to Fair Remuneration
Employees have the right to fair and timely compensation for their work. Employers must not unjustly withhold or deduct wages. Part 4 of the Employment Act provides guidelines on handling wages and salaries.
Right to Reasonable Working Conditions
Employers must provide a safe and conducive working environment, appropriate tools, reasonable working hours, and hygienic conditions to ensure employees’ well-being.
Right to Form, Join, and Participate in Trade Unions
Employees can join trade unions and participate in their activities without interference. Trade unions advocate for workers’ rights and interests across various industries.
Right to Strike
Employees can engage in strikes to advocate for better working conditions and rights. Employers cannot dismiss employees solely for participating in lawful strikes.
Protection from Sexual Harassment
Employees have the right to a workplace free from sexual harassment. Section 6 of the Employment Act defines sexual harassment and mandates employers to implement policies and disciplinary measures to prevent and address such misconduct.
Conclusion
Kenyan laws provide extensive protections for employees. Employers are responsible for ensuring that these rights are upheld, fostering fair and equitable working environments.
