In Kenya, the termination of employment is governed by a clear legal framework. The Employment Act, 2007 outlines the valid reasons for terminating an employment contract, which fall into three broad categories: Operational Requirements (Redundancy), Misconduct, and Incapacity.

Operational Requirements (Redundancy)

This refers to dismissal due to economic circumstances or restructuring that eliminates the employee's position.

Misconduct

Dismissal due to the employee's serious misconduct or repeated violations of company rules. Examples include absenteeism, gross negligence, or insubordination.

Incapacity

Dismissal due to the employee's inability to perform their job duties due to poor performance or ill health.

Regardless of the reason, employers must follow fair procedures before termination. This typically involves warnings, opportunities for improvement, and conducting a disciplinary hearing in cases of misconduct or incapacity.

Notice Requirements

The Employment Act mandates notice periods for both employers and employees who wish to terminate an employment contract. For employer-initiated termination, the employer must provide notice based on the employee's payment terms. For employee-initiated termination (resignation), employees must also typically provide a notice period of similar length to the one specified above, according to their payment structure. Employers can choose to pay the employee their salary for the notice period instead of having them work during that time.

Severance Pay

Kenyan law mandates severance pay for employees dismissed due to redundancy. The calculation is based on the employee's length of service, with at least 15 days of basic pay for each year of service. However, severance pay is not required in cases of dismissal due to misconduct or summary dismissal.

Kenya has robust legal safeguards against discrimination. The Kenyan Constitution (2010) is the foundation of this framework, offering extensive equality guarantees and prohibiting discrimination. The Employment Act, 2007, provides additional protections.

Protected Characteristics

Discrimination in employment is explicitly prohibited by Kenya's Constitution and the Employment Act on the following grounds:

• Race
• Sex
• Pregnancy
• Marital Status
• Health Status (including HIV/AIDS)
• Ethnicity & Social Origin
• Color
• Age
• Disability
• Religion
• Conscience
• Belief
• Culture
• Language
• Birth
• Opinion

Redress Mechanisms

Several avenues are available for individuals who experience discrimination in Kenya to seek redress:

• National Employment Authority (NEA): The NEA manages labor-related disputes and has the power to investigate and mediate discrimination complaints.
• National Commission on Human Rights (KNCHR): The KNCHR is an autonomous body that investigates human rights violations, including discrimination.
• Employment and Labour Relations Court (ELRC): Individuals can file discrimination-related lawsuits and seek remedies through the ELRC, a specialized court for employment cases.

Employer Responsibilities

Employers in Kenya play a vital role in fighting discrimination and promoting inclusion. Key responsibilities include:

• Equal Opportunity Policies: Implement clear policies that prohibit discrimination and harassment based on the protected characteristics.
• Training and Awareness: Regularly educate employees on anti-discrimination law, diversity, and unconscious bias through training programs.
• Grievance Procedures: Set up accessible procedures for employees to report discrimination, ensuring prompt investigation and corrective action.
• Reasonable Accommodation: Provide reasonable accommodations for employees with disabilities or those whose religious beliefs require specific accommodations.

Kenyan labor laws establish guidelines for various aspects of working conditions to ensure employee well-being and fair treatment. This includes regulations regarding work hours, rest periods, and ergonomic provisions.

Working Hours

The Employment Act, 2007 sets standards for working hours in Kenya:

• Standard Workweek: The maximum standard workweek depends on the type of work:
  • General Employment: 52 hours per week.
  • Night Workers: 48 hours per week.
  • Agricultural or Watchmen: 60 hours per week.
• Overtime: Overtime work is permitted but generally has restrictions. Overtime must be compensated at a premium rate:
  • Weekdays: At least 1.5 times the regular hourly rate.
  • Public Holidays: At least double the regular hourly rate.

Rest Periods

Kenya emphasizes rest periods to ensure employee well-being and prevent fatigue:

• Daily Rest: Workers are entitled to a rest interval of at least one hour for a continuous work period of six hours.
• Weekly Rest: Employees must be granted one full day of rest per week.
• Public Holidays: Kenya recognizes a number of public holidays during which employees are generally entitled to paid time off. Several public holidays stem from various religious observations.
• Annual Leave: Workers accrue paid annual leave at a rate of at least 21 days per year after one year of service.

Ergonomic Requirements

While Kenya doesn't have a specific law explicitly dedicated to ergonomics, regulations promote workplace safety and minimize ergonomic hazards:

• Occupational Safety and Health (OSH) Act, 2007: This Act outlines the general duty of employers to ensure workplace safety and health, which can encompass ergonomic considerations.
• Risk Assessments: Employers must conduct risk assessments to identify and mitigate potential hazards, which could include ergonomic risks.
• Work Injury Benefits Act (WIBA), 2007 This Act guides compensation for work-related injuries, indirectly encouraging employers to minimize risks including those caused by poor ergonomics.

Kenya has a comprehensive health and safety (H&S) framework that prioritizes worker safety. The Occupational Safety and Health Act (OSHA), 2007 is the foundation of this framework, supplemented by subsidiary legislation and guidelines. It outlines clear obligations for employers, safeguards employee rights, and assigns enforcement responsibilities.

Employer Obligations

The OSHA emphasizes the responsibility of employers to create a safe and healthy work environment. Key employer obligations include:

• Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards in the workplace. These assessments should cover various aspects such as machinery, chemicals, work processes, and the physical work environment.
• Safe Work Procedures: Employers must develop and implement safe work procedures to minimize risks. This involves providing proper training to employees on these procedures.
• Personal Protective Equipment (PPE): Employers must provide employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Health and Safety Training: Employers are responsible for providing employees with training on H&S practices and potential hazards associated with their jobs.
• Accident Reporting: Employers are legally required to report work-related accidents, illnesses, and near misses to the Directorate of Occupational Safety and Health (DOSHS).

Employee Rights

Under the H&S framework, Kenyan employees have a well-defined set of rights:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

These rights empower employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The primary responsibility for enforcing H&S regulations in Kenya falls under the Directorate of Occupational Safety and Health (DOSHS) within the Ministry of Labour and Social Protection. The DOSHS carries out these tasks through its inspectors:

• Workplace Inspections: The DOSHS conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Improvement Notices: If breaches are identified, inspectors can issue improvement notices outlining corrective actions employers must take.
• Prosecution: In cases of serious non-compliance, the DOSHS can prosecute employers, potentially resulting in fines or imprisonment.

Kenya's Work Injury Benefits Act (WIBA), 2007 provides financial and medical support to employees who suffer work-related injuries or illnesses.