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What are the typical terms for a labor condition application?
The typical terms for a labor condition application (LCA) in Kenya are not explicitly defined in the law. However, the Employment Act, 2007, and the Regulation of Wages and Conditions of Employment Act, 2007, outline the minimum standards of employment that employers must adhere to. These standards include:
Minimum Wage: The Employment Act sets a minimum wage for different categories of workers. Employers must pay their employees at least the minimum wage, regardless of whether they are employed under a contract of service or a contract for services.
Working Hours: The Employment Act sets a maximum number of working hours per week, and employers must pay overtime rates for any hours worked beyond the regular working hours.
Leave: The Employment Act provides for various types of leave, including annual leave, sick leave, and maternity leave. Employers must provide these types of leave to their employees.
Termination of Employment: The Employment Act sets out the procedures for terminating an employee's employment. Employers must follow these procedures to avoid legal repercussions.
Health and Safety: The Occupational Safety and Health Act, 2007, requires employers to provide a safe and healthy working environment for their employees. Employers must take all reasonable steps to ensure the safety and health of their employees.
Case Laws
Kenya Commercial Bank Limited v. Kenya Union of Commercial and Allied Workers (2022): This case involved a dispute between Kenya Commercial Bank Limited (KCB) and the Kenya Union of Commercial and Allied Workers (KUCW) over the bank's mandatory vaccination policy. The Employment and Labour Relations Court ruled that KCB's policy was unlawful and discriminatory. This case highlights the importance of ensuring that employment policies are fair and non-discriminatory.
The Employment (Amendment) Act, 2021: This Act introduced several amendments to the Employment Act, 2007, including provisions relating to the regulation of temporary employment agencies, the protection of employees' rights during pregnancy and breastfeeding, and the establishment of a National Employment Authority.
TLDR: The typical terms for a labor condition application in Kenya are not explicitly defined in the law. However, the Employment Act, 2007, and the Regulation of Wages and Conditions of Employment Act, 2007, outline the minimum standards of employment that employers must adhere to. These standards include minimum wage, working hours, leave, termination of employment, and health and safety.
Conclusion:
The Kenyan legal framework provides a comprehensive set of laws and regulations governing employment conditions. Employers must adhere to these laws to avoid legal repercussions. The Employment Act, 2007, and the Regulation of Wages and Conditions of Employment Act, 2007, are the primary sources of law governing employment conditions in Kenya. These laws set out the minimum standards of employment that employers must adhere to, including minimum wage, working hours, leave, termination of employment, and health and safety. Employers must also ensure that their employment policies are fair and non-discriminatory.
Sources:
The Regulation of Wages and Conditions of Employment Act, 2007 ↗
Kenya Commercial Bank Limited v. Kenya Union of Commercial and Allied Workers (2022) ↗
Answered by mwakili.com