THE NEW LABOUR
LEGISLATION
Employment Act No. 11 of 2007
Labour Instiutions Act No. 12 of 2007
Labour Relations Act No. 14 of 2007
Work Injury Benefits Act No. 13 of 2007
Occupational Safety and Health Act No.15 of 2007
Bring labour laws at parity with
international labour standards.
• Factories Act commenced on 1 September
1951, Employment Act commenced on 3
May 1976, Regulation of Wages and
Conditions
of
Employment
Act
commenced on 7 April 1951, the Trade
Union Act commenced on 1 August 1952
while the Trade Disputes Act commenced
on 8 June 1965, all with minimal changes.
ILO Labour Standards
• labour standards. These were until ILO
has introduced many changes to
international the recent changes in labour
legislation not reflected in Kenyan
legislation.
• ILO Convention No. 100 of 1951
recognised ‘equal remuneration’ so that
there would be equal pay for both men
and women for equal work done.
ILO Labour Standards
• ILO Convention 111 of 1958 recognised
the principle of non discrimination on
employment and occupation so that all
forms of discrimination in jobs based on
race, colour, gender and religion would be
eliminated.
• ILO Convention No. 155 of 1981
addressed occupational health and safety
standards.
ILO Labour Standards
• ILO Convention No. 3 1999 addressed
maternity protection.
• These ILO standards influenced industrial
court decisions on related issues however
they only bound the parties to the dispute
before the court hence the need to
incorporate changes in legislation.
Statutory health and safety
requirements to all workers
• The safety, health and welfare standards
set out in the Factories Act had limited
application only to ‘factories’. The
Occupational safety and Health Act has
extended statutory safety, health and
welfare standards to workers and all
workplaces.
Better protection of workers
• The safety, health and welfare standards
set out in the Factories Act had limited
application only to ‘factories’. The
Occupational safety and Health Act has
extended statutory safety, health and
welfare standards to workers and all
workplaces.
Better protection of workers
• Outlawing of forced labour, sexual
harassment and discrimination serve to
better protect the worker.
• Rights such as service pay and improved
provisions for maternity and paternity
leave improve conditions of employment .
Strengthening labour institutions
and mechanisms
• Industrial court now has original exclusive
jurisdiction to deal with labour law disputes
except where the Chief Justice designates
a magistrate under the Labour Institutions
Act to hear matters relating to labour law.
It can now enforce its decisions unlike in
the past where the same could only be
enforced by the High Court.
Strengthening labour institutions
and mechanisms
• Employers organisations and federations
have now been brought fully within the
ambit of labour laws and their formation
and operations are fully governed by the
labour laws.
• Labour, medical and employment officers
also have their powers detailed in the laws
Strengthening labour institutions
and mechanisms
• There is now provision for appeal on
points of law from decisions of the
Industrial Court to the Court of Apeeal.
• Trade Disputes Act provided that decision
of Industrial Court was final.
Labour and employment data for
planning and policy purposes.
• Employers are required to keep various
records e.g employment records. These
must be accessible to labour and
employment officers.
• Employers are also required to notify the
Director of Employment of any vacancy
occuring in the establishment, and where
such vacancy has been filled to notify the
employment service office.
Labour and employment data for
planning and policy purposes.
• The National Labour Board is established
and given the capacity to investigate and
research labour, economic and social
policy, and influence the labour policy and
its implementation.
The cost of employment
• The
sheer
number
of
statutory
requirements which employers should
comply with will make employment
relatively expensive to small scale
employers.
• The no-fault system of compensation
established by the Work Injury Benefits
Act may not reduce the cost of labour by
reducing litigation as envisaged.
…The cost of employment
• Every employer now required to obtain
and maintain an acceptable insurance
policy in respect of liability to employees.