SPECIAL ISSUE 37 Kenya Gazette Supplement No. 22 _Ist February, 2013 (Legislative Supplement No. 9 LeGat, NoTIce No. 20 THE LABOUR INSTITUTIONS ACT (Wo. 12 of 2007) IN EXERCISE of thé powers conferred by section 46 of the Labour Institutions Act, 2007, the Minister for Labour in consultation with the Wages Council makes the following Regulations:— ‘THE LABOUR INSTITUTIONS (BUILDING AND. CONSTRUCTION INDUSTRY) (WAGES) ORDER, 2012 1, These Regulations may be cited as the Labour Institutions Ctton (Building and Construction Industry)(Wages) Order, 2012, 2. These Regulations shall apply to all persons other managerial Arson and executive staft employed in an undertaking which carries on for gain of one or more of the following activities— (@) the construction, structural alteration, maintenance or repair of any building, green house, demolition of any building and the preparation for and laying the foundation or fabrication of any intended building, land scapping; or (b) the construction of any railway tine or siding, and the ‘construction, structural alteration or repair or the demolition of any airfield, dock harbor, wharf, quay, pier, inland navigation works, roads, road tunnel, bridge, viaduct, waterworks, dam, reservoir, pipeline, sewer, sewage works or lattice work structure designed solely for the support of electricity lines; or (©) electrical installation, lift installation, plumbing installation, painting and decorating works and allied building activities, 3. (1) An employee who is not provided with a reasonable free Nowe allowance, housing accommodation by the employer shall be entitled, in addition to the basic minimum wage to housing allowance as follows — Area (a) Nairobi, Mombasa and Kisumu (per month) (b) All municipalities, towns, urban centres and all other areas (per month) 1,725.00 (2) In respect of employees who are employed for a period of time less than one calendar month, the daily rate of housing allowance shall be not less than the following rates—88 Kenya Subsidiary Legislation, 2013 Area Ksh (@) Nairobi, Mombasa and Kisumu (per day) 88.00 (&) All municipalities, towns, Urban centers and all ther areas (per day) 66.00 (3) A employee shall not be paid housing allowance of less than twenty per cent of the employee's rate of wages. Payment of Wages, 4, (1) The basic wage paid to an employee shall not be less than the amount that is specified, in relation to a category of employees and to the area of employment, in the Schedule to these Regulations, (2) Subject to sub-section (1) an employee whose present daily or monthly wage is above wages specified in the Regulation of Wages (Building and Construction Industry) Order, 2004 (now revoked) is entitled to a wage increase of a rate not less than the difference between that present wage and the amount specified in this Order. (3) The wages shall be paid in arrears and shall become due and payable on or before the first day of the following month and shall be paid in Kenya currency and where an employee is paid daily, weekly or fortnightly, the wages shall be due and payable at the end of the day, end of the week or fortnightly. (4) In respect of an employee who is employed for a period of less than one calendar month, the wages shall become due and payable on the termination of employment. (5) The payment of wages shall bé done on a working day, during. the working hours and at the place of employment and the method or mode of payment of wages shall not in any way prejudice the right of an employee to enjoy any or all fringe benefits stipulated in this Order, (6) Where an employer pays wages outside working hours, the time spent in paying the wages shall be regarded and paid for as overtime in accordance with provisions of this Order. (7) The method of conversion of daily rates of wages shall be the ‘monthly wages of the employee divided by twenty six days, (8) An employee who is taken by his employer to work in another area shall not be paid less than the basic sninimum wage payable in the area where the employer engaged him, (9) Except watchmen, where an employee is required to work during the night he shall be paid an allowance of five per cent of his basic daily or monthly wage for the night shift Ge 5. CU) Wine 1 sapinge has outed he estvn ecasotve ‘months and he is travelling on leave, he shall be entitled to be paid an advance minimum leave travelling allowance of — (@) two hundred shillings, or (b) the actual cost of travel by the most reasonable and economical means of travel,Kenya Subsidiary Legislation, 2013 (2) Where the employee continues his service he shall be paid, at the time of returning to work, a sum equivalent to the actual cost of the return journey from his home to the place of work. (3) Where an employee has been asked by his employer to be paid in lieu of his annual leave, such an employee shall be entitled to leave travelling allowance 6. (1) An employee who is required to perform work away from his principal area of employment shall be entitled to be paid subsistence ‘and accommodation allowances as follows— KSh. (@) Breakfast (applicable only to overnight stop). 70.00 (b) Lunch (applicable only to overnight stop). 10.00 (©) Supper (applicable only to overnight stop and where an employee does not return to his principal area of employment by 8.00 pm) 130.00 (@) For an overnight stop in Nairobi, Mombasa and Kisumu an employee shall be entitled to accommodation allowance of 350.00 (©) For an ovemight stop elsewhere an ‘employee shall be entitled to an accommodation allowance of - 310.00 (®) Foran overnight stop when the employer provides ‘accommodation, the rate will be equivalent 10 the total amount of (a), (b) and (c) above and as. they may be applicable. 310.00 (2) The subsistence and accommodation allowance payable under Paragraph (1) shall cease to be payable to an employee after thirty consecutive days of absence on duty from his principal area of employment and thereafter an agreement in respect of additional accommodation and subsistence allowance shall be negotiated between the employer and the employee or the employee’s representative 7. Where an employee is required to work in full acting capacity for a period of not less than one month in an occupation or grade for which the minimum wage prescribed in the Schedule is higher than the minimum wage normally earned by the employee, the employee shall be paid acting allowance at the rate not less than the difference between the higher rate and his basic wage. 8, (1) Machines and tools shall be provided by the employer in an established workshop, @)Where the employer does not provide tools, the employee shall be paid a tools allowance if the employee has the tools as specified in the list of the Director of Industrial Training or that the employee has determined 10 be the necessary tools for the work assigned to the employee, atthe following rates— 89 Safi allowance90 Kenya Subsidiary Legislation, 2013 Category KSh. per month Mechanics, 3 . 221.00 Carpenters, jointers, electricians, plumbers 152.00 Mason, stone dressers, bricklayers, plasterers, terrazzo paviours, stel fixers, steel erectors, metal workers, 131.00 Painters, decorators, benders, twisters, asphalters, floor Layers, roofers 110.00 (3) In the case of painters, brushes will be provided for by the employer. 9. (1) An employer shall provide the employees with reasonable transport from an agreed point to their working place and from their working place to an agreed point. (2) For the purpose of this section, an agreed point shall be a point agreed upon between the employer and employee's representatives 10, (1) An employee who falls sick and undergoes medical ‘treatment shall be entitled to reimbursement of the expenses incurred in respect of such medical treatment up Jo fifteen thousand shillings in a period of twelve months (2) Subject to sub-section (1), an employer shall not reimburse the cost of medical treatment on production of receipts issued by registered medical practitioners. 11. In case of death of an employee, the employer shall pay an amount of not less than twenty thousand shillings towards the funeral expenses. SCHEDULE BASIC MINIMUM RATE OF WAGES (PER DAY, PER SHIFT AND PER MONTH) EXLCUSIVE OF HOUSING ALLOWANCE T Nairobi [al Municipals al Mombasa | ‘towns and whan Ocaupation. and Kisumu cities | councils and other T Laborers | 1600 1100 ‘3. Generals tradesmen (artisans): (Carpenters, joiners, masons, stone dressers, bricklayers, plasterers, electricians, decorators, metal workers, terrazzo paviours, painters, steel. fixers, | benders and twisters, asphalters, floor layers, sign-writers, glaziers, roofers andKenya Subsidiary Legislation, 2013 on Nairobi |All Municipalities all) - Mombasa towns and urban ceupation and Kisumu cities | councils and other Steel erectors, drilling Hig operators pipe fitters, plumbers) leamer tradesman (for maximum of 2 ¥4 years) 502.00 492.00 ‘Ungraded tradestnan 560.00 338.00 ‘Grade Il ade tested 73.00 (695.00 Grade I trade tested 319.00 787.00 | [Grade wade tesed 7,012.00 973.00 3. Plant Operators Greasers 302.00 57.00 Plant operators (comp, driver) mit driver 462.00 459.00 (bankers), small pheumatic plant operator and jackhammer to one pneumatie jack hhamier weighting 27 kilos “and. over) driver, 2ons and below - 4. Light plant operator Class“ (agricultural actors, roller 525.00 310.00 dumpers) : | [Class I ight wacked tractors; Das, at) 329.00 39.00 Heavy plant operators D8 tractors, graders; 014.00 971.00 excavators and over head crane driver, | welt dritirs - 5. Vehicle operators [Drivers mates geasers and re men 302.00 7.00 “Trucks up to 2 tons $40.00 517.00 Trucks over 3 to 8 tons 7705.00 669.00 Trucks over 8 to 15 tons (oad) with or 1012.00 973.00 | without trailer Trucks over 13 to 25 tons (load) with oF 1068.00 1040.00. without trailer 6. Mechanic and fitters Greasers - 502.00 497.00, Ungraded 359.00_|_338.00 Grade IIl trade tested 734.00 695.00 [Grade tl ade tested ae 318.00 787.00 Grade Trade tested 1012.00 973.00 7. Welders Ceamer welder (fora maximum period oF 302.00 97.00 |_2 years) Ungraded 339.00 338.00 ‘Grade II wade tested 34.00 695.00 [Grade I trade tested 318.00 87.00 Grade wade tested 1012.00 373.0092 Kenya Subsidiary Legislation, 2013 Nairobi |All Municipalities al 7 Mombasa | towns and urban | again and Kisumu cities | councils and other E Iuniorheadmen 46200 45500 Senior headmen 512.00 503.00 9, Miscellaneous Chainman, laboratory attendants, office 462.00 459.00, messenger, Fuel pump attendant, sea folder, boilman, checker and Sweeper (sanitary) 10, Watchmen (basic minimum wage rates 346.00 39:00 per 10 hours shift) 11. Clerical categorie: Basie minimum rate per month (exclusive | 15,606.00 15,606.00 of housing Allowance) Junior clerk and Storemen - Telephone operator, Copy Ups, general 19,238.00 19,229.00 clerk and Storekeeper Grade I 22,255.00 23ST [Grade r 25,509.00, 25:509,00 12, Steel fabricators, sel shop/workshop Mobile crane drivers 31800 81800 |TLeamer platters 479.00, 79.00 [Piaters : 618.00 618.00 ‘Ceamer machine operators 479.00, 479.00 ‘Machine operators 370.00 370,00 13, Sol laboratory: (Monthly pay) Taboratony technician 19,851.00 1951.00, Sol technician = 13,477.00 13,477.00 [Learner surveyor 13,477.00 13,477.00, ‘Assistant surveyor/eveler 19.253.00 19,233.00, Surveyor 23,640.00 23,640.00 14, Draftsmen: (Monthly pay) Teamer drafismen 19235.00, 19233.00, Drafismen 13,477.00 13,477.00 Plan racer 23,640.00 23,640.00 15. Junior foremen: (Monthly pay) Tabour camp supervisor, security officer] 25,726.00 3372600 and canteen/mess Supervisor Dated the 3rd January, 2013. JOHN MUNYES, Minister for Labour.SPECIAL ISSUE 307 Kenya Gazette Supplement No. 68 2nd July, 2012 (Legislative Supplement No. 22) Liat. Novice No. 70 LABOUR INSTITUTIONS ACT (Wo. 12 0/2007) IN EXERCISE of the powers conferred by section 46 of the Labour Lastitutions ‘Act, 2007, the Minister for Labour makes the following Order:— ‘THE REGULATION OF WAGES (AGRICULTURAL INDUSTRY) (AMENDMENT) ORDER, 2012 1. This Order may be cited as the Regulation of Wages (Agricultural Industry) (Amendment) Order, 20 12, and shail be deemed to have come into operation on the Ist May, 2012. 2, The Regulation of Wages (Agricultural Industry) Order is amended by deleting the Schedule and substituting therefor the following new Schedule: SCHEDULE BASIC MINIMUM CONSOLIDATED WAGES [Occupation Per Month Per Day KSh. Cts |KSh. Cts [Unskilled employee 4258 20 [178 30 Stockman, herdsman, watchman” [4917 60 [208 30 [Skilled and Simi-skilled Employees Per Month Per Day KSh. cis | KShs. cs [House servant or cook 3.861 00/185 10 Farm foreman 7681 75 [saa © Farm clerk 7681 75 [324 oO Senior foreman 3973 00 [ai 30 Farm artisan 5.089 30_[216 0 [Tractor driver 5397 10 [225 3 (Combined harvester driver 945 70 [252 30 [Lorry driver or car driver 6239 70 [264 30 Dated the 27th June, 2012. JOHN MUNYES, Minister for Labour.598 Sub Lev Kenya Subsidiary Legislation, 2012 LEGAL NOTICE No. 71 ‘THE LABOUR INSTITUTIONS ACT, 2007 (No. 12 0f 2007) IN EXERCISE of the powers conferred by section 46 of the Labour Institutions Act, the Minister for Labour makes the following Order: ‘THE REGULATION OF WAGES (GENERAL) (AMENDMENT) ORDER, 2012 |. This Order may be cited as the Regulation of Wages (General), (Amendment) Order, 2012 and shall be deemed to have come into ‘operation on the Ist May, 2012. 2. The Regulation of Wages (General) Order is: amended by deleting the Schedule thereto and substituting therefor the following new Schedule:$9} Oz __ rst] osrer’z | of 09 Leh O16r0'6. 09 68 OTL OF PZL'6 ppuanie UIyoeW_(P) OF 0S oF e9q orosr's [ss ad 00 Sct O8eLeR | OF ONO _6sH SOTLS'S WERDEN TEIN xa] or 15 comes | 00 1d ov od oxrzrn| ose or stl orvare | oq um nm aoa mu ( BRATWT UMUNPIEN tp | srusasosasnoq yess t0up 09 Sravopsed odaons 9869/9 se_zH}_o0_zeq o1_od oe oid oosi6z | ox _94_owziy ov'ous's SOSHSY| SD SUSY] SD SYSY| SD SUS] SID SUSY [ID “suSW| SDSVSN| ND USy| 8D “US Kenya Subsidiary Legislation, 2012 a a i ii “a 30 pou 0) oar sonvdno90 ws pines] teu oouuos] ——2ipa) aun) soba |__ spor] aoe sea] _smuoyy| sunor| axon soa] _snmwoye| sunons|_srea)_Sopwoy| au a ay iy May 7) so2ty 2010 IY “oyounyy pun sannyodqum jv _| munsiy puv psoquoyy 1a0.ON TERIIFTOD ENWITIOD, ZAITOD TARTS (ZONVMOTTV ONISNOH JO AAISTIOND SALVY ATHNOH GNV ATIVE WAWININ 7 (GONVMOTIV ONISNOH dO AAIS(VIOYA) SADVM ATHLNOW WAWINIW JISVE “1 arinasHos(sua ayy pue siea) sanup “406-09 “r9¥0n22009 Dy age “yous _ySnop soreiedo Joon auyoeus [ruesisse doys ossoup jrusas “sojeado aurypeut poosssid “aoreiado aumpeus d19¥0q * 84 Os ten orees's | ol sq 09 etd sezsv'or| ozroll _o69cgorogs'11 | _soreiedo ounyoeur Sunutag Kenya Subsidiary Legislation, 2012 aD : ‘munsiy pun vsoquoyy "iqouDN ‘TNITTOD, TNAMIOD FARIIOD ox __9| 09 0 (Osea 09 64 _o6 r¢9 oF 0111 SO SUSY | SD SUSY) 31D SUSY] SISSY SID YSY| SID SY] Tuoi 49d] ata sop u09 ayo ami) 294] sopasu00) | spnoy| amesima | sinuoyy| _syanoy Symon] sroq|_stamoy|‘sduypying) or sei] _oorrdocct'st| 01 rll 00 oo or'rig'91| si _o9i] 08 9c 06-262"L1 soyeiaies ‘sors0p mes ( ‘unwsajes olll 06 org oveeser| oF tell 06 Izy ov1o0'st| os tril oF ted orsco' | “seaupsopen sopwes9 u9kq_ 1 arama wl 00 Lol|__o8 zsqorseo'tt| oz eri] oc dense 09 621] 06 00d o6'e9s'rt |_pezis-wmpow) soaup ‘OWE, sadaoyaro1s ‘isiuondaoas ‘roresado auoydaja 2299 [e1aua’ “royeq puey-o8e49 “ues uaso puey 2y8us mn soup pu uowe “(uem Kenya Subsidiary Legislation, 2012 Os _z4_08 toy sq __o1_isfoersozr| ot ott] oc sefovpiz'er| -swanep) soulisop womea TD ISY] HD TISY] 3) S| 99 SUSY] “SUS¥| DIS] AD WY] 3D “WSY) 1 "pour i Poi owodno2) as esos] nou sooauoo] ——ayoa|—_ aoa)» sovaeo} sumo) zea soa} soqwony| synor|_avessiroq| sigwoyy| snort] sia] sramoy “Homo wg nama ps may nD sp20y 42490 IV ‘2you0yy pun semjodionma yy _| numsiy pu nsequoyy igosy ENNIO ENT] ENNMOS, TRRTIGD“anogey sof sas0 “SAANDIN NHOE “clog sane ez 2m pec 301 Fai oo Ti OF oIeTT ae Tape TTA Os 06 6F9 or Fel] Se 184 OF 100'S1 ted TL apesH west 0 0878 oc 6] OL Peo Orseeel 06's TIL pein wesmiy ss 0s Pet ol 09 £15 S6L890I | OZ FOI] 06 9SS] OF'ORE'IT or _rei|_o1_zeq os'o9e's! oozeo'ct| oc roi] 00 ug oreiz'st “SID SHSN| I SHS] SID SUSH [SID SHSM [SIISYSN [SID “USN | “1D _¥SY ‘pour a) pad wonodna99 as iovauos] ate topauos| ava] anoa| 1904109 syuncy| ance soa|Stmwoys| —Sumoy| avossuoa|_srywoya| Sunort| _sea|_srmwon ayo aa] DPR TD svaiy 120 “pyownyy pun sonodiorumu jy | munsty puio rsoquoyy 40 FNWTTOD ENWTTOD TNATIOD TNWTTOD ‘RTD AND PUBL HED BY THE GOVERNMENT PRINTER, NATRORSPECIAL ISSUE 217 Kenya Gazette Supplement No, 48 10th June, 2011 (Legislative Supplement No. 24) LEGAL NoricE No, 63 LABOUR INSTITUTIONS ACT (No. 12 of 2007) IN EXERCISE of the powers conferred by section 46 of the Labour Institutions Act, 2007, the Minister for Labour makes. the following Order:— ‘THE REGULATION OF WAGES (AGRICULTURAL INDUSTRY) (AMENDMENT) ORDER, 2011 1. This Order_ may be ‘as the Regulation of Wages (Agricultural Industry) (Amendment) Order, 2011, and shall be deemed to have come into operation on the Ist May, 2011. 2. The Regulation of Wages (Agricultural Industry) Order is sub.tsy amended by deleting the Schedule thereto and inserting the following. new Schedule: SCHEDULE BASIC MINIMUM CONSOLIDATED WAGES Occupation Per Month Per Day 4 KSh, Cis. | KSh, Cs. T. Unskilled employes 3765 138 10 2. Stockman, herdsman, watchman | 4,348 184 5 [Skilled and Semi-skilled Employees: |Per Month Per Day KSh. cs. [KSh. Cts 3. House servant or cook TDR 163 70 4. Farm foreman 6,792 287 00 [5 Farm clerk 6,792 287 00 6. Senior foreman 397 187 00 7. Farm artisan F500 197 30 8. Tractor driver are 202 70 9. Combined harvester driver 5257 233 10 10, Lorry driver or car driver S307 25 90 Dated the rd June, 2011. JOHN MUNYES, Minister for Labour.218 sun Lee Kenya Subsidiary Legislation, 2011 GAL NOTICE NO. 64 ‘THE LABOUR INSTITUTIONS ACT (No. 12 0f 2007) FRCISE of the powers conferred by section 46 of the tutions Act, the Minister for Labour makes the following THE REGULATION OF WAGES (GENERAL) (AMENDMENT) ORDER. 2011 1. his Order may be cited as the Regulation of Wages (General) (Amendment) Order, 2011. and shall be deemed to have cone ing ‘operation on the 1st May, 2011, 2. The Regulation of Wages (General) Onler is amended by deleting the Schedule thereto and inserting the following, nee ‘Schedule:ue Kenya Subsidiary Legislation, 2011 soTUOSSau se 35 “souapsvl “sadao) Suypoysuy sasnoge} USM DUS) a "DUS 2 US) D_“USY) ona sunoy | a4 So [os sjanors, amasing ropawo> Siguwoyy seaay 49080 IV nuunsty pie esequuayy “goH!eN, ond) PNITIOD ZNWINIOD (GONVMOTIV ONISNOH JO JAISMIOND SALV¥ ATUNOH GNV ATIVE WAN (GONVMOTIV DNISNOH dO JAISM1DXA) SADVA ATHLNOW WAWINIW JISVE aIn@akos IW ZWw )s0 eo] LOST] OL eR] OO err] —cBI'G] SO 88/56 CEH] IB) ‘apyeur_stidey> seddn says Of Ss) Oe ele] SHFOP ST OL) 6 ORE|——TOOS| St GL[ OT ETF] 3D YS S1D_“Ysyf 1D 4S) SIS) "US| DY. iva Syanoyy | 2104 Spogy awa Spo 04 syinop pres spa sam uinstyy pur PsPqWWOWY “WIOHIEN sipounds unog na seany 2980 IV “oyommy pS Kenya Subsidiary Legislat ‘FNWOIOD ENNIO) ZNO, TNINITIOD 220224 Kenya Subsidiary Legislation, 2011 13) EF] BOTS] SO Fa] OF CTS] —GaTUT] OF SUITS Tos] —Fa9TT THIS ION “stuondaoar ioreiado auondaja yo feaUt 1a pug aus sono soup pu usr (we -snySnep)souSisap wae “L SF 6) OF SE] _TIRL] OF FR) ST FEF] ogF@] ST ca] oF cor] eT TE 9) sp . “auon39]u02 40 sayeq pry ya freyeur nop "sorsado foo) suet dogs “‘uossup “romsndo aureus pom “rowendo suyoeu -Soyeq “torsade. sunypeu Sug “9 51D “isa 81D WS D4 391M 1S 904 Syinoyy | ayv Syroq bs Suanopy 2104 Seq boys syanopfows Sing] wouvdns29 Spy =D sea1y J0m0 IV nuinsty po eseqtuoyy “gute, ‘PNIIFTOD NITION ZNIMTIOD, TNRMIODKenya Subsidiary Legislation, 2011 222 eor'9t lowed oz ts!) 0% tz8) SIrel or zzij ss Ls9| gg, rer] se 202] 09 irt}oo ese) ceu'st 09 SOIT so PLS San] oF Be) Oe GeifOR 189) 91T FT Fe] OE SIS] SSDI] OF SOT] GOOLE] SERTT[ OF PITY SL G19) CENT Wy 5D WS 7D WS SD Wa 9S OSH ID_usaf sD “YS 1D _¥S: avon ou sad pion 72d ays synoyy | ama soq | r20a0> ys Spnop} area sng | s20anwos jos Snoyfors svg) tovat0> wonndn229 syuoyy oye Siqwuow Syfouno) wo, RANMA pure MAIN sont srary 20 IV “OYOxEIN puts hums pur ese-quIOHy “HOSEN NINN eENWATIOD ZNIII0D TNWIOD223 Kenya Subsidiary Legislation, 2011 uno sof ssi °SANON HOF “oung pag ayn parea, sel] 00 922] Si] SF SLc|_eoror] oc _Fsifoe Fe Taparp weary ‘s9__ soi] $9 ris] S8_81l[ sf 069) rocei| os czi[ ox 189 T19peIp wesmay $9” Fo] Of sts] ‘op sor so ous] ses ti 09 Frt[ se 619) TirpeIp wesny ‘Sh 69] 08 sit or F8[ st psp osro| 1 26] oF zor ‘wesmue popessun “Cl “a9 sy] 1D _USY| “7D USM 1D —YSY 1D _USy] ID USa AD_“USHHD “HSH io aad anos syanoyy | 2102 5pmq | 12Psru0> foros Spamopy) 2x04 Spoq o1 Sano twonvdnv09 Stauow sno.) 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