1. Duty to Provide Written Contracts
Employers must issue written contracts for engagements longer than three months and keep records of terms (s.10).
2. Duty to Pay Salaries Promptly
Employers must:
• Pay wages on the agreed date.
• Provide itemized pay statements (s.20).
• Deduct and remit statutory contributions (NSSF, NHIF, PAYE).
3. Duty to Respect Employee Rights
Employers must observe rights to leave, safe working conditions, and non-discrimination. Failure to do so exposes them to claims at the ELRC.
4. Duty to Provide Notice of Termination
• Notice must be given in writing (s.35).
• Alternatively, wages in lieu of notice must be paid.
• Redundancy requires one month’s prior notice to both the employee and the labour office (s.40).
5. Duty to Remit Statutory Deductions
• Employers must deduct and remit NSSF, NHIF, and PAYE.
• Failure to remit is both an offence and a ground for penalties by the Kenya Revenue Authority (KRA) and statutory bodies.
6. Duty to Maintain Workplace Safety
• Employers must comply with OSHA standards, including safety audits, provision of protective gear, and workplace health measures.
7. Duty to Handle Grievances and Disputes Fairly
• Employers must provide grievance mechanisms internally.
• Where disputes escalate, parties may use mediation, conciliation, or the ELRC.
Remedies for Breach of Employment Rights
Employees whose rights are violated may seek redress through:
• The Labour Officer: for conciliation and mediation.
• The Employment and Labour Relations Court (ELRC): empowered to award reinstatement, compensation (up to 12 months’ salary for unfair termination – s.49), and damages.
• Occupational Safety and Health Tribunal: for workplace safety disputes.
Case example: Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 others [2014] eKLR — the Court affirmed that redundancy procedures must be strictly followed, or termination is unfair.
Practical Compliance Tips for Employers
• Draft clear contracts in compliance with the Act.
• Train HR teams on handling terminations fairly.
• Keep updated with Minimum Wage Orders published annually.
• Remit all statutory deductions on time.
• Engage advocates early when dealing with redundancies, disputes, or policy reviews.
Conclusion & CTA
Employment law in Kenya balances the rights of workers with the duties of employers. For employees, it guarantees fairness and dignity at work. For employers, it provides clear guidelines to avoid disputes and penalties.
👉 At Miano Njogu Advocates, we advise both employers and employees on employment contracts, compliance audits, unfair termination claims, and representation at the ELRC. Contact us today for tailored solutions in employment law and compliance.