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4 Employee Rights in Kenya that Every Employee Should Know


4 Employee Rights in Kenya that Every Employee Should Know

November 23, 2020
8 min read

Labour laws in Kenya are responsible for making sure that every employer is observing employee rights. This is ensuring that there is harmony in the workplace and that employees are treating each other fairly. Setting up labour laws are for the purpose of protecting both the employer and employee. In addition, setting up trade unions have been beneficial in protecting employees’ rights in Kenya.

Who regulates employee rights in Kenya?

Regulating employee relations in Kenya are running by :

  • Constitutional rights
  • Statutory rights
  • Individual labour contracts
  • Rights dictated by collective agreements.

There are a number of employee rights in Kenya  that should be observed, however, here are the top five to look out for:

The right to lawful termination

According to labour laws, employers have the right to terminate their employees based on solid grounds. For example, an employee’s misconduct, an employee’s poor performance, physical incapacity of the worker, and an employee’s participation in an illegal strike. On the other hand, an employee has a right to at least one month notice.

The right to reasonable working conditions

As an employee, you have the right to reasonable working conditions in Kenya. For instance, access to provisions such as water, medicine at work, and ensuring that the workplace is safe and without health risks are some of the reasonable working conditions that an employee has a right.If an employer fails to provide good working conditions, an employee has a right to make a claim that their right has been violated.

Entitlement to leave days and maternity leave

The annual leave is 21 days under section 28 of the Employment Act. Employees have a right to annual leave days during which they are entitled to full pay, without working and inclusive of all public holidays. Also, entitling female employees to three months fully paid maternity leave on the birth of the child. An employer is not allowed to dismiss a female employee from work due to pregnancy.

Employee right to due process on termination on account of redundancy

Redundancy is the dismissal of an employee on the grounds that the employer no longer requires the employee for work for which they were hired. According to section 40 of the Employment Act, an employee has a right to get a notice of the termination. The notice is written and has to be issued not less than a month prior to the date of termination.

Final Thoughts.

In conclusion, observing employee rights in Kenya is important as it protects employees from exploitation by employers.  It also guarantees job security for employees, even more, the rights do assist employees to get fair wages equivalent to their contribution.Read more on the Importance of Training and Developing your Employees, or The Importance of Paying your Employees on Time.

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