Employee Rights Under the Employment Act 2007

The Employment Act No. 11 of 2007 is the principal legislation governing the employer-employee relationship in Kenya. It sets out the minimum terms and conditions of employment, protecting workers from exploitation and unfair practices.

Fundamental Rights and Basic Conditions

• Contract of Service: An employee employed for a period of 3 months or more is entitled to a written contract outlining their duties, remuneration, hours of work, and leave entitlement.
• Leave Entitlement: Employees are entitled to a minimum of 21 working days of annual leave with full pay after every 12 consecutive months of service.
• Maternity and Paternity Leave: Female employees are entitled to 3 months of maternity leave with full pay. Male employees are entitled to 2 weeks of paternity leave with full pay.
• Sick Leave: After two consecutive months of service, an employee is entitled to sick leave of not less than 7 days with full pay and thereafter 7 days with half pay, in each period of 12 consecutive months of service.

Termination of Employment

The Act provides safeguards against unfair termination. An employer must have a valid reason for terminating employment, which must be related to the employee's conduct, capacity, or operational requirements of the employer.

Fair Procedure: Before termination on grounds of misconduct or poor performance, the employee must be given a chance to be heard in the presence of a fellow employee or union representative.

Redundancy

In cases of redundancy (termination due to operational requirements), the employer must follow specific procedures, including notifying the labor officer and the union (if applicable), and paying severance pay at the rate of not less than 15 days' pay for each completed year of service.

Larpei & Company Advocates represents both employers and employees in employment disputes, drafting contracts, and advising on compliance with labor laws.