Employment Act

Section 1. Short title Section This Act may be cited as the Employment Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "authorised officer" means a labour officer ("a person appointed as the Commissioner of Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of Labour, an Assistant Commissioner of Labour, a Chief Industrial Relations Officer, a Deputy Chief Industrial Relations Officer, a Senior Labour Officer, an Industrial Relations Officer or a Labour Officer;") , employment officer or medical officer; "basic salary" means an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's gross salary excluding allowances and other benefits; "Board" means the National Labour Board; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to labour matters; "casual employee" means a person the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than twenty-four hours at a time; "child" means a person who has not attained the age of eighteen years; "collective agreement" means a registered agreement concerning any terms and conditions of employment...

Section 3. Application Section 3(1) This Act shall apply to all employees employed by any employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") under a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") . Section 3(2)(a) the Kenya Defence Forces or the reserve as respectively defined in the Kenya Defence Forces Act ( Cap. 199 ); Section 3(2)(b) the Kenya Police, the Kenya Prisons Service or the Administration Police Force; Section 3(2)(ba) the Kenya Coast Guard Service; Section 3(2)(bb) the National Intelligence Service; Section 3(2)(c) the National Youth Service; and Section 3(2)(d) an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individua...

Section 4. Prohibition against forced labour Section 4(1) No person shall use or assist any other person in recruiting, trafficking or using forced labour. Section 4(2)(a) any work or service exacted by virtue of compulsory military service laws for work of a purely military character: Provided that forced or compulsory recruitment of children for use in armed conflict shall be deemed to be forced or compulsory labour ("any work or service which is extracted from any person under the threat of any penalty, including the threat of a loss of rights or privileges, which is not offered voluntarily by the person doing the work or performing the service;") ; Section 4(2)(b) any work or service which forms part of the normal civic obligations of the citizens of Kenya; Section 4(2)(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of private persons, companies or associations; Section 4(2)(d) any work or service exacted in cases of an emergency, such as in the event of war...

Section 5. Discrimination inemployment Section 5(1)(a) to promote equality of opportunity in employment in order to eliminate discrimination in employment ; and Section 5(1)(b) to promote and guarantee equality of opportunity for a person who, is a migrant worker ("a person who migrates to Kenya with a view to being employed by an employer and includes any person regularly admitted as a migrant worker;") or a member of the family of the migrant worker ("a person who migrates to Kenya with a view to being employed by an employer and includes any person regularly admitted as a migrant worker;") , lawfully within Kenya. Section 5(2) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice. Section 5(3)(a) on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability ("a physical, sensory, mental or oth...

Section 6. Sexual harassment Section 6(1)(a) promise of preferential treatment in employment ; Section 6(1)(a)(i) promise of preferential treatment in employment ; Section 6(1)(a)(ii) threat of detrimental treatment in employment ; or Section 6(1)(a)(iii) threat about the present or future employment status of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Section 6(1)(b) uses language whether written or spoken of a sexual nature; Section 6(1)(c) uses visual material of a sexual nature; or Section 6(1)(d) shows physical behaviour of a sexual nature which directly or indirectly subjects the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") to behaviour that is unwelcome or offensive to that employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") and that by its nature has a detrimental effect on that employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's employment , job performance, or job satisfaction. Section 6(2) An employer ("any person, public body, firm, corporat...

Section 7. Contract of service Section No person shall be employed under a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") except in accordance with the provisions of this Act.

Section 8. Oral and written contracts Section The provisions of this Act shall apply to oral and written contracts.

Section 9. General provision ofcontract of service Section 9(1)(a) for a period or a number of working days which amount in the aggregate to the equivalent, of three months or more; or Section 9(1)(b) which provides for the performance of any specified work which could not reasonably be expected to be completed within a period or a number of working days amounting in the aggregate to the equivalent of three months, Section 9(2) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") who is a party to a written contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") shall be responsible for causing the contract to be drawn up stating particulars of employment and that the contract is consented to by the employee ("a person employ...

Section 10. Employment particulars Section 10(1) A written contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") specified in section 9 shall state particulars of employment which may, subject to subsection(3) be given in instalments and shall be given not later than two months after the beginning of the employment. Section 10(2)(a) the name, age, permanent address and sex of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Section 10(2)(b) the name of the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") ; Section 10(2)(c) the job description of the employment ; Section 10(2)(d) the date of commencement of the employment ; Section 10(2)(e) the form and duration o...

Section 11. Statement of initial particulars Section 11(1) If in the case of a statement under section 10 there are no particulars to be entered under subsection (2) (d) or (j) or under any of the other provisions of section 10(2) or (3) , that fact shall be stated in the statement. Section 11(2) A statement under section 10 may refer the employee for particulars of any of the matters specified in section 10(3)(a)(ii) and (iii) to the provisions of any other document which is reasonably accessible to the employee. Section 11(3) A statement under section 10 may refer the employee for particulars of either of the matters specified in section 10(3)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee. Section 11(4) The particulars required by section 10(2) and (3) shall be included in a single document. Section 11(5) Where before the end of the period of two months after the beginning of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's employment the employee ("a person employed for wages or a salary and inc...

Section 12. Statement on disciplinary rules Section 12(1)(a) specify the disciplinary rules applicable to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") or refer the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") to the provisions of a document which is reasonably accessible to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") which specifies the rules; Section 12(1)(b) if dissatisfied with any disciplinary decision relating to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; and Section 12(1)(b)(i) if dissatisfied with any disciplinary decision relating to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; and Section 12(1)(b)(ii) for the purpose of seeking redress of any grievance relating to his employment , and the manner in which an application shall be made; and Section 12(1)(c) where there are further steps to be taken consequent to any such application, the steps or refer the employe...

Section 13. Statement of changes Section 13(1) If, after the material date there is a change in any of the particulars required under sections 10 and 12 , the employer shall give to the employee a written statement containing particulars of the change. Section 13(2)(a) in relation to particulars which are included or referred to in a statement given under section 10 otherwise than in instalments, the material date is the date to which the statement relates; Section 13(2)(b) are included or referred to in an instalment of a statement given under section 10 , or Section 13(2)(b)(i) are included or referred to in an instalment of a statement given under section 10 , or Section 13(2)(b)(ii) are required by section 11(4) to be included in a single document but are not included in an instalment of a statement given under section 10 which does include other particulars to which that provision applies, the material date is the date to which the instalment relates; and Section 13(2)(c) in relation to any other matter the material date is the date by which a statement under section 10 is required to be given. Section 13(3)(a) one month after the change in question, or Section 13(3)(b) where...

Section 14. Reasonably accessible document orcollective agreement Section the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") has reasonable opportunities of reading in the course of his employment ; or

Section 15. Informing employees of their rights Section An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall display a statement in the prescribed form of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's rights under this Act in a conspicuous place, which is accessible to all the employees.

Section 16. Enforcement Section 16(1) Where an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") does not give an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") a statement as required by section 10 , 12 or 13 or an itemised pay statement as required by section 20 , the employee may file a complaint with the labour officer and the complaint shall be deemed to be complaint filed under section 86 . Section 16(2) Where as a result of a complaint arising out of section 10 , 12 , 13 or 20 the Employment and Labour Relations Court determines particulars which ought to have been included or referred to in a statement given under these sections, the employer shall be deemed to have given to the employee a statement in which those particulars were included or referred to as specified in the decision of the Employment and Labour Relations Court. Section 16(3)(a) confirm the particulars as included or referred to in the statement given...

Section 17. Payment, disposal and recovery of wages, allowances, etc. Section 17(1)(a) in cash; Section 17(1)(b) into an account at a bank, or building society, designated by the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Section 17(1)(c) by cheque, postal order or money order in favour of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; or Section 17(1)(d) in the absence of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , to a person other than the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , if the person is duly authorised by the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") in writing to receive the wages on the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's behalf. Section 17(2) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual...

Section 18. When wages or salaries due Section 18(1)(a) when the task ("such amount of work as can, in the opinion of an authorised officer, be performed by an employee in an ordinary working day;") has not been completed, at the option of his employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") , to be paid by his employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") at the end of the day in proportion to the amount of the task ("such amount of work as can, in the opinion of an authorised officer, be performed by an employee in an ordinary working day;") which has been performed, or to complete the task ("such amount of work as can, in the opinion of an authorised officer, be performed by an employee in an ordinary working day;") on the following day, in which case he shall be entitled t...

Section 19. Deduction of wages Section 19(1)(a) any amount due from the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") as a contribution to any provident fund or superannuation scheme or any other scheme approved by the Commissioner for Labour to which the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") has agreed to contribute; Section 19(1)(b) a reasonable amount for any damage done to, or loss of, any property lawfully in the possession or custody of the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") occasioned by the wilful default of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Section 19(1)(c) an amount not exceeding one day's wages in respect of each working day for the whole of which the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , with...

Section 20. Itemised pay statement Section 20(1) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall give, a written statement to an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") at or before the time at which any payment of wages or salary is made to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") . Section 20(2)(a) the gross amount of the wages or salary of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Section 20(2)(b) the amounts of any variable and subject to section 22 , any statutory deductions from that gross amount and the purposes for which they are made; and Section 20(2)(c) where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment. Section 20(3) This section shall not apply to a casual employee ("a person the terms of whos...

Section 21. Statement of statutory deductions Section 21(1)(a) it contains an aggregate amount of statutory deduction, including that deduction; and Section 21(1)(b) the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") has given to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , at or before the time at which the pay statement is given, a statement of statutory deductions specified in subsection (2) . Section 21(2)(a) in writing; Section 21(2)(b) the amount of the deduction; Section 21(2)(b)(i) the amount of the deduction; Section 21(2)(b)(ii) the intervals at which the deduction is to be made; and Section 21(2)(b)(iii) the purpose for which it is made; and Section 21(2)(c) in accordance with subsection (5) , effective at the date on which the pay statement is given. Section 21(3)(a) the addition of a new deduction; Section 21(3)(b) a change in the particulars; or Section 21(3)(c) the cancellation of an existing deducti...

Section 22. Power to amend provisions on pay and statements of deductions Section vary the provisions of sections 20 and 21 as to the particulars which must be included in a pay statement or a statement of statutory deductions by adding items to, or removing items from, the particulars listed in those sections or by amending any such particulars; and

Section 23. Security bond for wages Section 23(1) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") who is not incorporated or resident in Kenya may be required by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to labour matters;") to pay a bond assessed at the equivalent of one month's wages for all employees employed or to be employed by the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") . Section 23(2) A bond paid by any employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall be held by the Cabinet Secretary ("the Cabinet...

Section 24. Death of anemployee Section 24(1) When the death of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") from any cause whatsoever is brought to the notice or comes to the knowledge of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") , the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall as soon as practicable thereafter, give notice of the death in the prescribed form to the labour officer ("a person appointed as the Commissioner of Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of Labour, an Assistant Commissioner of Labour, a Chief Industrial Relations Officer, a Deputy Chie...

Section 25. Repayment ofremunerationwrongfully withheld or deducted Section 25(1) Without prejudice to any other liability for a breach of the provisions of this Part, an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") who contravenes the provisions of this Part commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both and shall be required to repay any remuneration ("the total value of all payments in money or in kind, made or owing to an employee arising from the employment of that employee;") wrongfully withheld or wrongfully deducted from the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") . Section 25(2)(a) to a labour officer ("a person appointed as the Commissioner of Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of Labour, an Assistant Commissioner of Labour, a Chief Industrial Re...

Section 74. Records to be kept byemployer Section 74(1)(a) of a policy statement under section 6(2) where applicable; Section 74(1)(b) specified in section 10(3) ; Section 74(1)(c) specified in section 13 ; Section 74(1)(d) specified in sections 21 and 22 ; Section 74(1)(e) of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's weekly rest days specified in section 27 ; Section 74(1)(f) of an employees annual leave entitlement, days taken and days due specified in section 28 ; Section 74(1)(g) of maternity leave specified in section 29 ; Section 74(1)(h) of sick leave specified in section 30 ; Section 74(1)(i) where the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") provides housing, particulars of the accommodation provided and, where the wage rates are deconsolidated particulars of the house allowance paid to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") ; Se...

Section 75. False entries etc. Section A person who makes, causes to be made or knowingly allows to be made an entry in a register, record, book or other document whatsoever, required by this Act to be kept, which that person knows to be false in a material particular, or produces, furnishes, causes or knowingly allows to be produced or furnished, to an authorised officer ("a labour officer,employment officer or medical officer;") , a register, record, book or other document which he knows to be false in a material particular, commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.

Section 26. Basic minimum conditions ofemployment Section 26(1) The provisions of this Part and Part VI shall constitute basic minimum terms and conditions of contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") . Section 26(2) Where the terms and conditions of a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") are regulated by any regulations, as agreed in any collective agreement ("a registered agreement concerning any terms and conditions of employment made in writing between a trade union and an employer, group of employers or employers' organization;") or contract between the parties ("the parties to a contract of service;") or enacted by any other writte...

Section 27. Hours of work Section 27(1) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall regulate the working hours of each employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") in accordance with the provisions of this Act and any other written law. Section 27(2) Notwithstanding subsection (1) , an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") shall be entitled to at least one rest day in every period of seven days.

Section 28. Annual leave Section 28(1)(a) after every twelve consecutive months of service with his employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") to not less than twenty-one working days of leave with full pay; Section 28(1)(b) where employment is terminated after the completion of two or more consecutive months of service during any twelve months' leave-earning period, to not less than one and three-quarter days of leave with full pay, in respect of each completed month of service in that period, to be taken consecutively. Section 28(2) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") may, with the consent of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") divide the minimum annual leave entitlement under sub-sect...

Section 29. Maternity leave Section 29(1) A female employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") shall be entitled to three months maternity leave with full pay. Section 29(2) On expiry of a female employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") 's maternity leave as provided in subsections (1) and (3) , the female employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") shall have the right to return to the job which she held immediately prior to her maternity leave or to a reasonably suitable job on terms and conditions not less favourable than those which would have applied had she not been on maternity leave. Section 29(3)(a) the maternity leave has been extended with the consent of employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") ; or Section 29(3)(b) immediately on expiry of maternity leave before resuming her duties...

Section 30. Sick leave Section 30(1) After two consecutive months of service with his employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") , an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service, subject to production by the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner's behalf in charge of a dispensary or medical aid centre. Section 30(2) For an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") to be entitled to sick leave with full pay under subsection (1) , the employee ("a person employed for wages or a salary...

Section 31. Housing Section 31(1) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall at all times, at his own expense, provide reasonable housing accommodation for each of his employees either at or near to the place of employment , or shall pay to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") such sufficient sum, as rent, in addition to the wages or salary of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , as will enable the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") to obtain reasonable accommodation. Section 31(2)(a) contains a provision which consolidates as part of the basic wage or salary of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") , an element intended to be used by the employee ("a person employed for wages or a salary...

Section 32. Water Section An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall provide a sufficient supply of wholesome water for the use of his employees at the place of employment and, as the case may be, within a reasonable distance of any housing accommodation provided for the employees by the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") .

Section 33. Food Section 33(1) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall, where the provision of food has been expressly agreed to in or at the time of entering into a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") , ensure that an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") is properly fed and supplied with sufficient and proper cooking utensils and means of cooking, at the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") 's expense. Secti...

Section 34. Medical attention Section 34(1) Subject to subsection (2) , an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall ensure the provision sufficient and of proper medicine for his employees during illness and if possible, medical attendance during serious illness. Section 34(2) An employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall take all reasonable steps to ensure that he is notified of the illness of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") as soon as reasonably practicable after the first occurrence of the illness. Section 34(3) It shall be a defence to a prosecution for an offence under subsection (1) if the employer ("any person, public body, firm, corporation or company who or which has ente...

Section 29A. Pre-adoptive leave Section 29A(1) Where pursuant to section 157 of the Children Act ( Cap. 141 ), a child is to be placed in the continuous care and control of an applicant who is an employee under this Act, the employee shall be entitled to one month's pre-adoptive leave with full pay from the date of the placement of the child. Section 29A(2) An employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") eligible for leave under subsection (1) shall notify the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") in writing of the intention of the adoption society to place the child ("a person who has not attained the age of eighteen years;") in the custody of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") at least fourteen days before the placement of the child ("a person who has not attained the age of eighteen years;") . Section 29A(3) A notice under subsection (2)...

Section 31A.[Deleted by ActNo. 20 of 2020Sch.]

Section 31B.[Repealed by ActNo. 2 of 2024, Third Sch.]

Section 31C.[Repealed by ActNo. 2 of 2024, Third Sch.]

Section 35. Termination notice Section 35(1)(a) where the contract is to pay wages daily, a contract terminable by either party at the close of any day without notice; Section 35(1)(b) where the contract is to pay wages periodically at intervals of less than one month, a contract terminable by either party at the end of the period next following the giving of notice in writing; or Section 35(1)(c) where the contract is to pay wages or salary periodically at intervals of or exceeding one month, a contract terminable by either party at the end of the period of twenty-eight days next following the giving of notice in writing. Section 35(2) Subsection (1) shall not apply in the case of a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") whose terms provide for the giving of a period of notice of termination in writing greater than the period required by the provision of this subsection which would otherwise be applicable th...

Section 36. Payment in lieu of notice Section Either of the parties ("the parties to a contract of service;") to a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") to which section 35(5) applies, may terminate the contract without notice upon payment to the other party of the remuneration which would have been earned by that other party, or paid by him as the case may be in respect of the period of notice required to be given under the corresponding provisions of that section.

Section 37. Conversion of casualemploymentto term contract Section 37(1)(a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less than one month; or Section 37(1)(b) performs work which cannot reasonably be expected to be completed within a period, or a number of working days amounting in the aggregate to the equivalent of three months or more, Section 37(2) In calculating wages and the continuous working days under subsection (1) , a casual employee ("a person the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than twenty-four hours at a time;") shall be deemed to be entitled to one paid rest day after a continuous six days working period and such rest day or any public holiday which falls during the period under consideration shall be counted as part of continuous working days. Section 37(3) An employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") whose contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period o...

Section 38. Waiver of notice byemployer Section Where an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") gives notice of termination of employment and the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") waives the whole or any part of the notice, the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall pay to the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") remuneration ("the total value of all payments in money or in kind, made or owing to an employee arising from the employment of that employee;") equivalent to the period of notice not served by the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") as the cas...

Section 39. Contract expiring on a journey may be extended Section If the period expressed in a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service to which Part XI of this Act applies;") expires, or if an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") seeks to terminate a contract where no agreement is expressed respecting its duration while the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") is engaged on a journey, the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") may, for the purpose of the completion of the journey, extend the period of service for a sufficient period, but in any case not exceeding one month, to enable the employee ("a perso...

Section 40. Termination on account ofredundancy Section 40(1)(a) where the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") is a member of a trade union ("an association of employees whose principal purpose is to regulate relations between employees and employers and includes an employer 's organisation;") , the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") notifies the union to which the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") is a member and the labour officer ("a person appointed as the Commissioner of Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of Labour, an Assistant Commissioner of Labour, a Chief Industrial Relations Officer, a Deputy Chief Industrial Relations Officer, a Senior Labour Officer, an Industrial Relations Officer or a Labour Officer;") in charge of the area where the employee ("a person employed for wages or a salar...

Section 41. Notification and hearing before termination on grounds of misconduct Section 41(1) Subject to section 42(1) , an employer shall, before terminating the employment of an employee, on the grounds of misconduct, poor performance or physical incapacity explain to the employee, in a language the employee understands, the reason for which the employer is considering termination and the employee shall be entitled to have another employee or a shop floor union representative of his choice present during this explanation. Section 41(2) Notwithstanding any other provision of this Part, an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall, before terminating the employment of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") or summarily dismissing an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") under section 44(3) or (4) hear and consider any representations w...

Section 42. Termination of probationary contracts Section 42(1) The provisions of section 41 shall not apply where a termination of employment terminates a probationary contract. Section 42(2) A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with the agreement of the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") . Section 42(3) No employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall employ an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") under a probationary contract ("a contract of employment, which is of not more than twelve months duration or part thereof, is in writing and expressly states that it is for a probationary period;") for more than the aggregate period provided under subsection (2) . Section 42(4) A party to a contract for a probationary period may terminate the contract b...

Section 43. Proof of reason for termination Section 43(1) In any claim arising out of termination of a contract, the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") shall be required to prove the reason or reasons for the termination, and where the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") fails to do so, the termination shall be deemed to have been unfair within the meaning of section 45 . Section 43(2) The reason or reasons for termination of a contract are the matters that the employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") at the time of termination of the contract...

Section 44. Summary dismissal Section 44(1) Summary dismissal shall take place when an employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") terminates the employment of an employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") without notice or with less notice than that to which the employee ("a person employed for wages or a salary and includes an apprentice and indentured learner;") is entitled by any statutory provision or contractual term. Section 44(2) Subject to the provisions of this section, no employer ("any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;") has the right to terminate a contract of service ("an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, a...