Labour Relations Act In Kenya In Chicago
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The Labour Relations Act of 2007 This Act is primarily concerned with the freedom of association of employees and employers, and the right to collective bargaining. The Act provides legal guidelines for the establishment of trade unions and employer's organizations and their functions.
As an employee, you have the right to reasonable working conditions in Kenya. For instance, access to provisions such as water, medicine at work, and ensuring that the workplace is safe and without health risks are some of the reasonable working conditions that an employee has a right.
37. Conversion of casual employment to term contract.
Section 44 of the Employment Act of Kenya gives guidance on summary dismissal. The law states that “Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.”
It establishes a framework that promotes fair treatment, protects workers' rights, and encourages collective bargaining. It also provides a mechanism for resolving disputes, which helps maintain harmonious industrial relations.
All Labour Disputes are settled through Conciliation process as follows: - Individual Complains/ non-union complainants The complaint is reported to the area Labour Officer and registered in a prescribed Form-LD 64 after the complainant has been interviewed.
Employment and Labour Relations Court plays a vital role in upholding labour rights and facilitating access to work rights as a durable solution for refugees and displaced persons.
Jurisdiction of the Court (2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employer's organisation, a federation, the Registrar of Trade Unions, the Cabinet Secretary or any office established under any written law for such purpose.
Process: Employment litigation typically follows a defined procedure: Filing a Claim: The aggrieved employee files a formal complaint with the relevant authority, often the Employment and Labour Relations Court (ELRC) in Kenya. Defense: The employer responds to the claim, outlining their position on the matter.
The Employment Act of 2007 It defines the benefits, duties and obligations of the employer and the worker, which includes: contract of service, prohibition against forced labour, discrimination in employment, sexual harassment, payment of wages, leave, termination, and living amenities.
