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What are the typical terms for a labor condition application?

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Introduction

In Kenya, labor conditions and employment terms are governed by various statutes, including the Employment Act, 2007, the Labour Relations Act, 2007, and the Occupational Safety and Health Act, 2007. These laws outline the rights and obligations of both employers and employees, ensuring fair labor practices and safe working conditions. This response will delve into the typical terms for a labor condition application in Kenya, referencing relevant sections of these acts.

Employment Contract
- Written Contract
- Terms and Conditions
Wages and Salaries
- Minimum Wage
- Payment of Wages
Working Hours and Overtime
- Standard Working Hours
- Overtime Compensation
Leave Entitlements
- Annual Leave
- Sick Leave
- Maternity and Paternity Leave
Health and Safety
- Employer's Obligations
- Employee's Rights
Termination of Employment
- Notice Period
- Grounds for Termination
Dispute Resolution
- Internal Mechanisms
- Legal Recourse

1. Employment Contract

Written Contract

Source: Employment Act, 2007, Section 9
Details: The Employment Act mandates that an employer must provide a written contract to an employee if the employment period is for more than three months. This contract should be provided within two months of the commencement of employment.

Terms and Conditions

Source: Employment Act, 2007, Section 10
Details: The written contract should include:
- Name, age, permanent address, and sex of the employee.
- Name of the employer.
- Job description.
- Date of commencement of employment.
- Form and duration of the contract.
- Place of work.
- Hours of work.
- Remuneration, scale or rate of remuneration, and method of calculating remuneration.
- Intervals at which remuneration is paid.
- Terms and conditions relating to annual leave, including public holidays and holiday pay.
- Terms and conditions relating to incapacity to work due to sickness or injury, including any provision for sick pay.
- Length of notice required to terminate the contract.

2. Wages and Salaries

Minimum Wage

Source: Employment Act, 2007, Section 48
Details: The Act stipulates that the Minister for Labour may, after consultation with the Board, set minimum wages for various sectors. Employers are required to adhere to these minimum wage guidelines.

Payment of Wages

Source: Employment Act, 2007, Section 18
Details: Wages should be paid in legal tender and at regular intervals not exceeding one month. The Act also allows for wages to be paid via bank transfer, cheque, postal order, or money order, provided the employee consents.

3. Working Hours and Overtime

Standard Working Hours

Source: Employment Act, 2007, Section 27
Details: The standard working hours are typically 8 hours a day or 48 hours a week. Any work beyond these hours is considered overtime.

Overtime Compensation

Source: Employment Act, 2007, Section 27
Details: Employees are entitled to overtime pay for any hours worked beyond the standard working hours. The rate for overtime is usually one and a half times the normal hourly rate for weekdays and double the hourly rate for work done on public holidays and rest days.

4. Leave Entitlements

Annual Leave

Source: Employment Act, 2007, Section 28
Details: Employees are entitled to at least 21 working days of paid annual leave after every 12 consecutive months of service.

Sick Leave

Source: Employment Act, 2007, Section 30
Details: Employees are entitled to a minimum of seven days of sick leave with full pay and seven days with half pay in each period of 12 consecutive months of service, subject to a certificate of incapacity to work signed by a duly qualified medical practitioner.

Maternity and Paternity Leave

Source: Employment Act, 2007, Sections 29 and 29A
Details: Female employees are entitled to three months of maternity leave with full pay. Male employees are entitled to two weeks of paternity leave with full pay.

5. Health and Safety

Employer's Obligations

Source: Occupational Safety and Health Act, 2007, Section 6
Details: Employers are required to ensure the safety, health, and welfare of all employees by:
- Providing and maintaining a safe working environment.
- Ensuring that all machinery and equipment are safe and without risk to health.
- Providing necessary information, instruction, training, and supervision to ensure the health and safety of employees.

Employee's Rights

Source: Occupational Safety and Health Act, 2007, Section 13
Details: Employees have the right to:
- Work in environments where risks to their health and safety are properly controlled.
- Receive adequate training and information on health and safety.
- Report any unsafe conditions to their employer.

6. Termination of Employment

Notice Period

Source: Employment Act, 2007, Section 35
Details: The notice period for termination of employment depends on the terms of the contract but should not be less than:
- Seven days for employees paid daily.
- Four weeks for employees paid monthly.

Grounds for Termination

Source: Employment Act, 2007, Sections 41 and 44
Details: Grounds for termination include:
- Misconduct.
- Poor performance.
- Physical incapacity.
- Redundancy.
- Breach of contract.

7. Dispute Resolution

Internal Mechanisms

Source: Labour Relations Act, 2007, Section 62
Details: Employers and employees are encouraged to resolve disputes internally through established grievance procedures.

Legal Recourse

Source: Employment and Labour Relations Court Act, 2011
Details: If internal mechanisms fail, disputes can be taken to the Employment and Labour Relations Court, which has the jurisdiction to hear and determine disputes relating to employment and labor relations.

Conclusion

The typical terms for a labor condition application in Kenya are well-defined by various statutes, ensuring that both employers and employees understand their rights and obligations. These terms cover a wide range of aspects, including employment contracts, wages, working hours, leave entitlements, health and safety, termination of employment, and dispute resolution. By adhering to these legal requirements, employers can foster a fair and safe working environment, while employees can be assured of their rights and protections under the law.