Download - Overview Key Provisions of New Labour Laws
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8/3/2019 Overview Key Provisions of New Labour Laws
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THE NEW LABOUR LAWS
An Overview & Some
Provisions-
Presented by:
Mark K. Bor, EBSPermanent Secretary, Ministry of Labour & Human Resource Development
At
A Seminar and Press Conference on Responding to theChallenges of Fair and Ethical Trade
Nairobi, Kenya: 23rd November, 2007
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PART I
AN OVERVIEW OF THE NEW LABOUR LAWS
Background and Introduction
The review of the National Labour Laws has been aconcern to both the Kenyan public and the Government for along time.
It arose out of tremendous changes experienced in thelocal labour market; such as:
- Structural adjustments- Liberalization of the economy
- Technological innovations
Overall Objective
To ensure that the laws are responsive to contemporaryeconomic and social changes.
To achieve a new set of reformed updated labour legislationthrough a coordinated consultative process.
The Review Process
In keeping with the tripartite tradition in our social dialogue
and consultative machinery, a Task Force was appointedin May, 2001.
It comprised representatives of Workers (COTU),Employers (FKE), the Government and experts in variousfields.
Its task was to comprehensively review and amend orrepeal the following six (6) core labour statutes:
1) The Employment Act, Cap 226;
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2) The Regulation of Wages and Conditions ofEmployment Act, Cap 229;
3) The Trade Unions Act, Cap 233;4) The Trade Disputes Act, Cap 234;
5) The Factories and Other Places of Work Act, Cap 514;and
6) The Workmens Compensation Act, Cap 236.
The Task Force repealed all the above six (6) pieces oflegislation and came up with the following five (5) which haverecently been enacted:
1. The Employment Act, 2007
2. The Labour Relations Act, 20073. The Occupational Safety and Health Act, 20074. The Work Injury Benefits Act, 20075. The Labour Institutions Act, 2007
Each Act incorporates the principles of the 1998 ILODeclaration on Fundamental Principles and Rights at Work;thus ensuring the basic human values that are vital to oursocial and economic development.
Support to the Review Process
The Task Force drew considerable financial and technicalsupport from the joint GOK/ILO legislative reform initiative withthe objective of achieving for the country a new set of reformedupdated laws through a coordinated consultative process.
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PART II
THE NEW LABOUR LAWS - SOME KEY PROVISIONS______________________________________________
The Labour Institutions Act, 2007
Establishes and strengthens institutions which deal withlabour administration and management of labour relations;such as the National Labour Board, the National LabourCourt, Wages Councils and Employment Agencies
The National Labour Court will be decentralized to theDistricts and Provinces
The Employment Act, 2007
Strengthens minimum terms and conditions of employment
Prohibits forced and child labour, sexual harassment anddiscrimination on the basis of disability, HIV/AIDS status, etc
Provides for insurance scheme to benefit redundantemployees
Converts casual employment to term contract
Raises age for definition of a child from 16 to 18 years. Thisharmonizes this definition with that in the Childrens Act
Provides for 21 days annual leave for all employees;three(3) months maternity leave for female and 2 weekspaternity leave for male employees
Safeguards workers dues in the event of employersinsolvency
Ensures that workers whose employers do not contribute toprovident funds do not lose their benefits for years worked
Migrant workers legally in Kenya will enjoy the sameprotection as indigenous workers
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The Labour Relations Act, 2007
Promotes protection of freedom of association for both
employees and employers Streamlines registration of workers and employers
organizations
Promotes democratic practice in lawful collective groups
Asserts individual and collective group rights
Streamlines pre-Industrial Court trade dispute resolutionmachinery and gives specific time-frames for disputedisposal
Minimizes room for interference with workers right to go on
strike by setting out clear guidelines on protected strikes andlock-outs
Provides for Alternative Dispute Resolution machinery
The Work Injury Benefits Act, 2007
Modernizes legislation and brings it up to date with thecurrent circumstances and realities
Eliminates the ambulance chasing phenomenon
Extends insurance cover and ensures adequatecompensation for injury and work-related diseasesregardless of employers solvency
National Labour Court arbitrates compensation disputes
Disallows subsequent common law claims
The Occupational Health and Safety Act, 2007
Secures safety and health for people legally in all workplaces Prevents employment of children in workplaces where their
safety and health is at risk
Encourages entrepreneurs to set achievable safety targetsfor their enterprises
Promotes reporting of work-place accidents, dangerousoccurrences and ill health with a view to finding out theircauses and preventing of similar occurrences in future
Promotes creation of a safety culture at workplaces through
education and training in occupational safety and health
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