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Labour Law

The relationship between the employer and employee in Kenya is regulated by various recent employment statutes. A complex set of rights and obligations with sources in contract, common law, custom and practice presents voluminous labour provisions for both employer and employee.

In particular, minimum standards relating to the employment conditions (often differentiated by industry, trade, occupations and area) are the subject of legislation.
These standards include:-

  • Basic terms and conditions e.g. probation and leave pay
  • Minimum safety/occupational health requirements
  • Provisions for training facilities
  • Deviation from certain standards may result in the institutions of criminal proceedings
  • New Courts established to deal exhaustively with labour matters.

We offer the following comprehensive range of professional services to our corporate clients:

  • Labour law litigation
  • Drafting agreements and contracts of employment advice on the labour implications of acquisitions and mergers
  • Advice on retrenchment and rationalizations
  • Advice on alternative means of dispute resolutions, including mediations and arbitration and the formulation of strategies in respect of strikes, locking and other forms of industrial action.
  • Institution of proceedings in the industrial Court. Advice on unfair labour practices.
  • Advice on statutory based employment conditions and minimum standards.