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The Task Force repealed all the above six (6) pieces oflegislation and came up with the following five (5) which haverecently been enacted: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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overview key provisions of new labour laws

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