COURSE TITLE: FUNDAMENTALS OF LABOUR LAW

COURSE CODE: DLW 2101

LECTURER: KAREN BERU

GROUP 4
The main sources of Labour law in Kenya includes procedural and substantive legislations,
constitution 2010, case laws, precedents, common laws and international laws instruments
among others. Explain in details the importance and the impact of each source in the
employment environment.
Introduction.
Labour Law deals with the relationship between the employer and employee.
Sources of Labour law includes;

1. Procedural and substantive legislations.

Procedural laws determines how you must do something or the process to be followed while
substantive legislations dictates what you can do. These legislations includes;

I. Employment Act 2007

This an act that defines fundamental rights of employees, basic conditions of employment,
regulates employment of children and the foregoing matters on employment.
Part II of the act provides for the general principles of which deals with harassment at places of
work, for instance, it prohibits forced labour, discrimination in employment and sexual
harassment .
Sexual harassment amounts to;
• Request for sexual intercourse for promise of preferential treatment in employment
• Use of language whether written or spoken of sexual nature
• Use of visual material of a sexual nature
Importance of Employment act.
a. Defines and declares the fundamental rights of employees
b. Provides for basic conditions for employment
c. Regulates the employment of children
d. Facilitates disputes resolutions
e. Ensures workers safety and healthy working environment
f. Encourage fair and equitable treatment of the employees by their employers at the
work place
Impacts of Employment Act
a. It provided protection of workers and their wages when are due.
b. It provided for proper working environment of workers.

II. Labour Relations act 2007

This act consolidated laws relating to trade unions and trade disputes
Importance of the act
a. Helps to regulate the relationship between the employees and employers at the place of
work
 b. Regulates the organizational rights of the trade union
c. Has enabled workers and employers to form and join trade unions.
d. Promotes and facilitates collective bargaining at the work place and sectoral level.

Impacts of Labour relation Act

Provides for registration, regulation, management and democratisation of trade unions and
employers organisation.
III. Employment and labour relations court
This court is established pursuant to article 162(2) of the Constitution of Kenya.
It has original jurisdiction to hear and determine matters relating to employment.
Importance
a. Solves disputes that may arise during the scope of work
Impact
Has enhanced access to justice to those aggrieved in the course of employment
Other legislations includes; Labour Institutions Act, Retirement Act, etc
2. International labour law Instruments.
This are laws that govern labour relations internationally. They are applicable to Kenya
pursuant to article 2(5)(6) of the Constitution .
These laws provides for;

• Forced labour
• Child labour
• Equality
• Freedom of association and collective bargaining
A. International Labour organisation.
This are legally binding instruments and the states can ratify them.
They include;
International Labour organisation covenant 29 on Forced labour.
Forced labour means all work or service which is exacted from any person under the menace of
any penalty and for which the said person has not offered himself voluntarily.
This does not include military service, work that forms part of civil obligations of citizens or
work exacted from person as a consequence of a conviction in court of law.
Importance
Has enhanced eradication of forced labour and declares it as a punishable offence and the
member states shall impose penalties.
ILO Convention 111 on Employment and Occupation
Discrimination includes any distinction, exclusion made on the basis of race, colour, sex,
religion, social origin which has the effect of impairing equality of opportunities or treatment in
employment.
Importance
• Enhances equality in employment and Occupation
• Protects discrimination of workers based on colour, sex, religion

ILO Convention 182 on worst forms of child labour.

Applies to all persons under the age of 18 years.
Comprises of;

• all forms of slavery such as trafficking children

• Procuring or offering a child for prostitution
• Work whose nature when carried out is likely to harm the health, safety or morals of the
child
Importance
Protects children from all forms of child labour

B. United Nations instruments

United declaration of human rights
They include;
United declaration of human rights
Provides for, pursuant to article 23 and 24;
• Favourable conditions of work
• Equal payment for equal work
• Right to form and join trade unions for protection of interests
• Rest and leisure including reasonable limitation of working hours and periodic holidays
with pay
International conventions on economic, social and cultural rights.
Pursuant to article 6 of the convention, everyone has right to work, including the right to gain
one’s living at work that is freely chosen and accepted
Everyone has the right to form and join trade unions
Right to strike
Importance of United Nations instruments

1) Provides for favourable conditions of work

2) Protection of interests of members in trade unions