Kenya – National Regulations in Employment Law

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We, the International Labour and Employment Group of Rödl & Partner, are happy to advise you on labour law issues (individual and collective) as well as social security law issues on a global, regional and local level. 

 

Below you will find basic information on national labour law provisions in Kenya. 




Interview with Winnie Githire


Are there national and/or local collective agreements in the country that regulate labour relations?


No. Collective agreements are entered into between employers and employees where the employees are members of a trade union.



Are there different legal rules by department/canton?


No.



Is there and what is the staff threshold above which the presence of staff representatives is mandatory?


No. There is no legal requirement for staff representatives.


Are trade unions present in the company?


Not compulsory.


If applicable what is the applicable legal working time?

 

52 hours per week with one mandatory rest day. Any additional hour of work will be regarded as overtime.

 

Is there a minimum wage set by law/collective agreements (yes/no)? 


Yes. The law sets out the minimum wage for various sectors. Minimum wage may also be contained in the collective agreements and will be applied if more favorable than that which is in the law.


What is the number of legal annual paid holidays?


21 working days per year, usually counted from Monday to Friday.


Existence of specific classification of employees according to their functions/responsibilities?  


Not under the law, but it can be done internally by the company.

 

Obligation to set up complementary social insurance schemes (mutual insurance/provident fund/pension)?


Not compulsory. The law just requires all employees to be part of the National Pension Scheme run by the Government. There is no requirement for an employer to provide a private pension scheme.
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