Constitution of kenya ( group work)

• Bill of rights
• Provision of labour law in the constitution
Employment Act:

. EMPLOYMENT ACT:
• This law contains conditions of employment and determines the basic
requirement between master and servant relationship.
• The main objective is to provide some protection to the worker or
employee
GENERAL PRINCIPLES
• Prohibits forced labour- no threat of penalty,
• Prohibits discrimination on grounds of race, colour, sex, religion, language, political, nationality, ethnic, social origin, disability, pregnancy, mental
status, HIV status, recruitment, training, promotion, terms and conditions of employment
• Employer obliged to pay his employees equal remuneration for work of equal value
• Affirmative action to promote equality and eliminate discrimination
• Request for sexual intercourse, sexual contact sexual harassment prohibited
• Employer with more than 20 employees to issue sexual harassment policy after consultation with employees
EMPLOYMENs RELATIONSHIP
• Contract of service; No person shall be employed under a contract of service except in accordance with the
provisions of the act for oral and written contracts
 Contract of service provisions:
 Should be in writing 3 months or more
 An employer who is a party to a written contract of service is responsible for causing the contract to be drawn
up stating particulars of employment where the employee consents in accordance
 Employee signs his name, imprints his thumb/ one of his fingers in the presence of a person other than
employer
 Illiterate person should be explained by employer in the language he understands
 Employment particular:
 Name, age, permanent address, sex
 Name of employer
 Job description
 Date of commencement
 Duration and form of contract
 Place of work
 Hours of work
 Remuneration , scale, rate of remuneration, method of calculating remuneration
 Date employment began etc
 Terms and conditions relating to; entitlement to annual leave, public holidays, holiday pay, accrued holiday pay, termination of
employment, incapacity to work due to sickness, injury, provisions of sick pay, pensions and pension schemes
 Length of notice which employee is obliged to give and entitled to receive to terminate his contract of employment
 Place of work, where permitted to work to various places, address indicate the place
 Work outside Kenya; period, currency of remuneration paying, any additional remuneration payable, conditions and terms of return
 Written particulars kept by employer for 5 yrs after termination of employment
Protection and deduction of wages
 Payment, disposal, recovery of wages, allowances
 Employer to pay entire amount of wages earned by in respect to work done in cash, account in bank,
building society, cheque, postal order, money order
 In absence of employee, to a duly authorized person by employee in writing
 Wages paid on a working day, during working hours, near place of employment or as agreed between
employer and employee
 No payment of wages in an intoxicating liquor place unless if working in such places
 Allowance payment-for personal use of employee and not include liquor noxious drugs
 Not to limit employee on the use of his wages
 Pay wages or salaries when task is completed
 Pay proportion of work done
 Casual paid at the end of the day
 Exceeding a month employment , wages should be paid at the end of the month
 etc
Wages and Deduction of wages
 Industrial court can intervene and make judgements on terms favourable to employee on maters wages, salaries
 Incase of dismissal summarily for lawful cause, employee should be paid on dismissal all monies, allowances, benefits due to him to the date of dismissal
 On dismissal notify labour office in your district a report on circumstances leading to dismissal within 7 days stating period of notice, amount of wages, allowances earned since
date of dismissal
 Incase of detention or serving a sentence, no wages
 Deduction’s are allowed from employees salary; eg
 Damages on employers assets loss of property of employer-wages can be deducted
 Absent without leave- an amount exceeding one days wages in respect of each working day can be deducted
 Shortages of money due to negligence/ dishonesty of employees
 Any amount paid to employee in error as wages in excess-deductions
 Authorized deductions by law eg hif, nssf
 Employee requesting employer some deductions in writing eg union, insurance covers
 Loan repayment in writing by way of repayment
 No deductions by employer as a reward for provision of employment or retaining ones employment
 No deductions to recover debts due
 Written statement to an employee before time of payment of salaries, itemized covering gross amount, statutory deductions, , net amount, method of payment excluding
casuals or employees engaged on piece rate
 Incase of employee death, wages, remuneration paid to authorized persons upon proof of capacity as required by law, also property
 Provide evidence of pay to to labor office within 7 days
 Incase no claims of wages or property of deceased, or has doubts over claims wages, property are delivered to labour office in subject to law of sucession act cap 160
Rights and duties in employment

RIGHTS:
Hours of work
Employer regulates hours of work as per the act
At least one rest day in every period of 7 days
Annual leave;
After 12 consecutive months not less, employee has rights of not
less than 21 working days of leave
Leave can be dividend into different parts to be taken at different
intervals
Employer and employee can agree on how to utilize leave days
Maternity leaves;
• Female employee 3 months leave with full pay
• Return to former or suitable job after leave on terms and conditional
not less favourable
• No forfeiting annual leave on account of having taken maternity leave
• Male employee entitled to 2 weeks paternity leave with full pay
Rights cont….
Housing:
• Every employer should provide housing or pay cost towards cost of accommodation either at or near
to the place of employment, or shall pay to the employee such sufficient sum, as rent, in addition to
his wages or salary, as will enable the employee to obtain reasonable accommodation:
• Should not be less than 15% of basic wage and salary
WATER:
 Sufficient water for use of employees at the place of employment as the case may be,
 Within And at a reasonable distance of any housing accommodation provided for them by him.
Food.
Every employer shall, where the provision of food has been expressly agreed to in or at the time of
entering into a contract of service, ensure that every:
 employee is properly fed and supplied with sufficient and proper cooking utensils and
means of cooking, at the employer's expense:
Medical attention
Medical attention.
Every employer shall ensure the provision for his employees of proper
medicines during illness and
 (if procurable) medical attendance during serious illness, and shall take all
reasonable steps to ensure that the illness is brought to his notice as soon
as reasonably practicable after the first occurrence thereof.
It shall be a defence to a prosecution for an offence if the employer shows
that he did not know that the employee was ill and that he took all
reasonable steps to ensure that the illness was so brought to his notice or
that it would have been unreasonable, in all the circumstances of the case,
to have required him to know that the employee was ill.
DEATH OF EMPLOYEE
• Should be brought to attention of employer soonest where
employer gives notice to labour officer
• Employer pays labour officer all wages due to employee at the
date of death and all property of deceased for transmission to
the person legally entitled.
• Report in a prescribed form about any injury or incapacitation or
death in the course of employment should be given to labour
officer
Redudancy
 Termination of employment of a person whose posts are
unnecessary) or by agreement
A contract of service shall not be terminated on account of
redundancy unless the following conditions have been complied
with
 the union of which the employee is a member and the Labour
Officer in charge of the area where the employee is employed
shall be notified of the reasons for, and the extent of, the
intended redundancy;
 the employer shall have due regard to seniority in time and to
the skill, ability and reliability of each employee of the particular
class of employees affected by the redundancy;
COMMON REASONS FOR REDUDANCY
• New technology
• Job no longer exists
• Need to cut costs
• Business closing down
• Business bought by another company
Redudancy cont..
 no employee shall be placed at a disadvantage for being or not being a
member of the trade union;
 any leave due to any employee who is declared redundant shall be paid off in
cash
 an employee declared redundant shall be entitled to one month's notice or
one month's wages in lieu of notice ( in place of) ;( Payment made to
employees by an employer for a notice period that they have been told by the
employer that they do not have to work paid for notice period eg ones months
salary, holiday payment if he has them.
 an employee declared redundant shall be entitled to severance pay ( payment
made to an employee who is leaving)at the rate of not less than 15 days pay
for each completed year of service as severance pay.
Contract of service
1) Every contract of service -
(a) for a period, or a number of working days which amount in the
aggregate to the equivalent, of six months or more; or
(b) which provides for the performance of any specified work which
could not reasonably be expected to be completed within a period, or
a number of working days amounting in the aggregate to the
equivalent of six months, shall be in writing.
(2) For the purpose of signifying his consent to a written contract of
service, an employee may either -
(a) sign his name thereon; or
(b) imprint thereon the impression of his thumb or one of his fingers,
in the presence of a person other than his employer.
(3) Every employer who is a party to a written contract of service shall
be the person
responsible for causing the contract to be drawn up and consented to
by the employee in accordance with subsection (2).
TERMINATION OF SERVICE OR
CONTRACT /DISMISSAL OF EMPLOYEE
This is an employees departure from a job and the end of an employees duration
with an employer.
Termination may be voluntary or by an employer
Our case is by employer/ dismissal
The following matters amount to gross misconduct to justify summary dismissal:
 If without leave /other lawful course he’s absent from place of work- take leave days
or give notice
 Intoxicated during working hours hence affecting your working
 Neglecting any work which was his duty
 Uses insulting / abusive language. Behaving in a manner insulting to his employer,
supervisors or colleagues
Cont…..

• Willingly refusing to perform your duties as per job description

• Being abusive to employer, supervisors or colleagues in general
• Insubordination, failure to comply with instructions given by our supervisors can
lead to termination of employment
• Arrested or imprisoned for more than 14 days. Get a bail or bond before 14 days
are up
• Committing or being suspected of committing acts that damage your employers
reputation e.g stealing, giving out trade secrets
• NB. even if the employer has valid reasons to fire you , if they do not follow due
process then it is considered unlawful termination
Unfair dismissal
 In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the
country’s specific legislation.
 When an employer decides to fire you, they are supposed to follow due process otherwise it becomes unlawful
termination.
 Processes:
 Communication: one should receive a notice of termination of employment depending on what is stipulated on
your contract. Eg if contract states one should give/ get two weeks notice before resigning or termination
 Warning: if an employer is terminating you, they are supposed to give you warnings the first warning should be
verbal, followed by three written warning letters. The warnings are only valid within an year, they can not be
carried over to the next year.
 Fair hearing and representation: when it comes to termination, of employment, you are entitled to getting a fair
hearing where you can defend your case and you can also have a colleague represent you and vouch for your
case. An employer should give you a chance to fight to keep your job otherwise it will be considered unfair.
 Right to appeal: the employer is also supposed to give you a chance to appeal a decision that is made after
hearing in case you do not agree with it. If you ask for an appeal and you do not get one, you then you can say
you were unfairly terminated
Unfair Reasons for dismissal
Pregnancy- no employee should be terminated just because they are pregnant or
have gone on maternity leave
Leave days: you can not be fired because you want to go on leave if you have
available leave days
Joining a union or membership; one has a right to join a trade union or any
membership if you want, one should not be terminated for deciding to join a union
Discrimination: e.g. race, tribe, gender, poIitical affiliation or disability
Taking your employer to court: An employer should not fire you because you
lodged a complaint against them in court or the labour office.
Participating in a lawful strike: no employer is allowed to fire you because you
participated in a strike that is lawful
How to prove unlawful termination
• Employer should prove one is fired validly and legally
• Need to file a complaint to the labour within three months of
termination date. A year later one can not complain thy were unlawfully
terminated
• Termination during probation period one can not complain it was unfair
• Deciding to take complaints to the labor office about unfair termination,
one is not allowed to have a legal representative eg a lawyer, only bring
a trade union rep.
• The employer depending on the agreement between you can either pay
you damages or give you your job back
Child labour
 The law under employment act 2007 and the children's act defines child as a person below the age of 18 years
 Child labor is any situation where a child provides labor exchanges for payment including
 where a child’s labor is used for gain by any individual or institution whether or not the child benefits.
• Where a child provides labor as an assistant to another person and his/ her labor is deemed to be the labor of that other
person for the purposes of payment,
• where there is written contract of service and employee is a child
 Employment act vii provides for protection of children including protection from the worst forms of child labour
 Minimum age to employ a child:
 Section 56 prohibits employing a child below 13 years in any form of undertaking
 However it allows employment of children from the ages 13-16 for light work and
 defines those of 16 and 18 as employable however its not defined clearly
 the parameters does not define light work and does not provide protection for children in such employment but it leaves it
to the discretion of minister
 The law puts a time limit for a child in an industrial undertaking between 6.30 am and 6.30 pm
 No person shall employ a child between 13 and 16 years of age other than one serving under a contract of apprenticeship or
learnership in accordance with industrial training Act in an industrial undertaking to attend a machinery.
Protection of children
• Worst form of child labour eg trafficking children, debt bondage, child
prostitution, children in military, production of ponographic literature
• Employment of child between ages 13-16 years other than light work
is prohibited
• No work in industrial undertaking
• No written contracts are allowed
• Employer to keep register of child in employment age, date of birth,,
commencement, termination
Protection from child labor
Economic exploitation
Any work that interferes with his education or harmful to the child health or
physical mental spiritual moral social development
Recruitment to hostilities, armed conflicts and where armed conflict occurs
Complaints about child labor:
Labour office
Police officer
They will carry investigation within 7 days
If liable a fine not exceeding K shs 200,000 or imprisonment of not more
than one year or both
Child Labour as per ILO
 Work which exposes children to physical, psychological, or sexual abuse
• Work underground, underwater, at dangerous heights, or in confined
spaces
• Work with dangerous machinery, equipment, and tools, or which involves
the manual handling or transport of heavy loads
• Work in an unhealthy environment which may, for example, expose children
to hazardous substances, agents, or processes, or to temperatures, noise
levels, or vibrations, damaging to their health
• Work under particularly difficult conditions such as work for long hours or
during the night or work where the child is unreasonably confined to the
premises of the employer
Insolvency of an employer
• Minister may order payment to employee from NSSF where employer
is insolvent and employment terminated
• Debt to payable to employee include: wage arrears of btwn 1-6
months,
• Basic award of compensation for unfair dismissal
Employment records
• Employer required to keep the records and permit authorized officer to inspect them:
• Policy statement on sexual harassment
• Employment particulars: name, age, permanent address, name of employer, job description,
commencement date of employment, form and duration of contract, place of work, hours
remuneration, intervals of payment, when continuous employment started etc
• Statement on disciplinary rules, itemized pay statements and statutory deductions
• Weekly rest days
• Annual leave entitlement, days taken and due
• Maternity leave
• Sick leave
• Particulars of accommodation provided or house allowance paid
• Registers of child in employment
• Records to be kept for atleast 36 months
Foreign contracts

• Contract made within Kenya and performed either in all or part outside Kenya
• Spending substantial part of contract outside Kenya
• Employee should produce medical certificate to show they are medically fit
• Employer to give govt of Kenya security by way of bond and sureties to ensure govt can
hold either the employer or sureties liable in case of breach
• Employee should not enter into contract through fraud, coercion, undue influence
• Employee is not bound to serve under another contract during the period provided in the
foreign contract
• Employee should give consent to work out of country’ employee should understand what
they are getting into-signed
• Terms ands conditions of employment contained in the contract comply the provisions of
employment act 2007 and other labour laws
Dispute settlement procedure
• Dispute to be referred to labour officer or industrial court
• Restrictions of labour disputes to industrial court only
• Disputes to be filled within 3 years
CERTIFICATE OF SERVICE
• Every employee shall be given certificate of service by his employer
upon termination of his employment unless worked less than four
weeks . Contains the following details:
 Name of employer
 Name of employee
 Date when employment commenced
 Nature and usual place of employment
 Date when employment ended
 Any other particulars
WOMEN EMPLOYMENT
JUSTIFICATION
No woman shall be employed before the hours of 6.30 p.m and 6,30
a.m
 women or male young persons may be so employed in cases of emergencies which could not have been controlled or foreseen,
which interfere with the normal working of the industrial undertaking and which are not of a periodical nature;

• (ii) women may be so employed in cases where their work is connected with raw materials or materials in the course of
treatment, being in either case materials which are subject to rapid deterioration and their work during those hours is
necessary to preserve the materials from certain loss; and
•
• (iii) women, holding responsible positions of a managerial or technical nature, or employed in health and welfare services, and
not normally engaged in manual work, may be so employed.
•
• (2) Notwithstanding subsection (1)the Minister may, after consultation with the Board, authorize an employer in writing to
employ women or young persons up to the hour of midnight or from the hour of 5 a.m., subject to such conditions as the
Minister may determine.
•
CERTIFICATE OF SERVICE
• Every employee shall be given certificate of service by his employer
upon termination of his employment unless worked less than four
weeks . Contains the following details:
 Name of employer
 Name of employee
 Date when employment commenced
 Nature and usual place of employment
 Date when employment ended
 Any other particulars
Duties of employers
• general duty of care
• Duty to pay agreed wages
• Duty to provide work
• Duty to provide support to employees
• Duty to provide safe systems of work
• Duty not to treat employees in an arbitrary manner
Duties of employees
• Duty to cooperate
• Duty to obey lawful instructions
• Duty to exercise reasonable care and skill
• Duty to act in good faith
• Owed by both:
• To maintain relationship of mutual trust and confidence
2.LABOUR INSTITUTIONS ACT
• Was enacted to govern the establishment of labour institutions and provide for their functions, powders and duties
• These institutions include:
A) National Labor Board :
 Advises the minister for labour on registration,, suspension and deregistration of trade unions
 Has powers to reject an application for registration by a prospective union
 Consists of persons , the general secretary of Cotu Atwoli and CEO fke to ensure that interested parties are represented in
the body
 FUNCTIONS
 To advice minister on all matters concerning employment and labour legislation affecting employment and labour
 Any matter relating to labour relations and trade unionism
 any issue arising from ILO, INTERNATIONAL LABOUR ORGANIZATION CONVENTION, codes of good practice,
 any issues raised by an international or regional association of states of which Kenya is a member,
 systems of labour inspections and administratiin of labour Acts,
 any aspects of public employment services, vocational guidance, vocational training and employment of persons with
disabilities, formation and development of policies designed to promote the granting of paid educational leave to workers
for purposes of training, trade union social and civic education and trade union education,
 General state of employment, training and manpower development in the country
 Productivity measurement and improvement
 Appointment of wages councils
 Appointment of the industrial court
 Setting of compensation benefits in accordance with provisions of work injuries benefits
act
 Registration and suspension and deregistration of trade unions, employers organizations,
 Advices govt on issuing of immigration entry permits and work permits to non citizens
 Advice chief justice on assignment of judges to the industrial courts and rules of industrial
court
 Establish immigration entry permits committee, national development committees, productivity
committees, and other panels that are necessary for performance
:

B) Committee of inquiry
• Inquires on matters which appear before minister on trade dispute, where they submit report on the matter to the
minister.

C) Industrial Court: ( discussed earlier)

D) LABOUR ADMINISTRATION AND INSPECTION:

i) Registrar of trade unions responsible for registration and regulation
of T.U, Employers organizations, federations registered.
ii) Labour Officer: monitor or enforce compliance with any labour laws; require production of wage sheets,
employment records kept by by an employer and records of payment made out to workers
iii) Employment Officer
Medical officer: order employee at work or sick employee to hospitaldepending on prevailing conditions
Condemn food provided to employee which is unfit for human consumption
Inspect all drugs and medicine provided for use by employees
D) Wage Councils: Investigate and prepare reports for minister and invite
interested parties
• Investigate remuneration and conditions of employment in any sector
by inviting and considering written and oral representation.
• Recommend on minimum wages
E) EMPLOYMENT AGENCIES( recruitment agencies)
Roles:
All registrations of employment agencies eg manpower, through
application to Director
Terms and conditions of service
Industrial court
D) Wage Councils: Investigate and prepare reports for minister and
invite interested parties
• Investigate remuneration and conditions of employment in any sector
by inviting and considering written and oral representation.
• Recommend on minimum wages
E) EMPLOYMENT AGENCIES( recruitment agencies)
All registrations of employment agencies eg manpower, through
application to Director
3.LABOUR RELATIONS ACT
Regulates relations between employees and employers including any
employers organizations , unionizable employee
Aims to promote economic development, social justice, labor peace and
democracy in the workplace.
 To provide a frame work within which employees and unions can
collectively bargain with employers regarding wages, terms and
conditions and other matters of mutual interest
Consolidates the law relating to trade disputes, to provide for
registration, regulation, management and democratization of trade
unions and employers organizations or federations to promote sound
labour relations through protection and promotion of freedom
Other ASPECTS COVERED
• Freedom of association, protection of employees’
• Registration of t.u and requirements, members, property, funds,
accounts of tu,fke, trade union dues
• Recognition of tu, collective agreements
• Dispute respolution
• Strikes and lockouts
ESTABLISHMENT OF TRADE UNION
AND REGISTRATION
Registrar should issue( within 30 day of receiving application) a certificate
before registering members, signed by two persons, specify name.
 withdrawal of certificate
If obtained through fraud
Undertaking unlawful activity
Apply registration within 6 months after receiving certificate
Name not same as another
Sole purpose is to pursue activities of T.UNION
Should have a office and postal address
Adopt constitution compliying with the act
Freedom of association
 Every employee has a right to participate in forming attade union of federation of trade unions
 Join a trade union
 Leave a trade union, participate in lawful actions, stand for election and be eligible for
appointments
 No discrimination to such an employee
 Not compelled to stop being a member for employment purposes
 Not dismissed for being member of t union
Fke rights:
 Determine own constitution
 Participate in forming Fke
 Join federation of trade union organizations
 Affiliate or join international workers organ
Membership and officials
 Engaged /employed in that sector
 18 years and above
 Notice of election of officials given to registrar within 14 days after completionof elections
PROPERTY AND FUNDS/ACCOUNTS
 Three trustees appointed, not been in crime or fraud or dishonest perso
 Property in hands of trustee to benefit t.u
Funds use:
 Payment of salaries, allowances, expense of official
 Compensate members for loss arising out of trade disputes
 Payment of allowances to members or dependants incase of death, oldage, sickness,
accidents, unemployment of members
 Fines or penalty imposed upon the union
RECOGNITION OF TRADE UNIONS AND
COLLECTIVE BARGAINING
• A T.U rep elected is entitled to:
• a) represent members in grievance and disciplinary hearings at
workplace
b) Perform any other functions as per agreement or constitution of T.U
DISPUTE RESOLUTION
Trade dispute is reported to minister on behalf of trade union eg
sismissal, terminationof an employee within 90 days
Strikes and lockouts:

• A person may participate in a strike or lockout if trade dispute is

unresolved after conciliation
• If seven days written notice of strike or lockout has been given to
other parties and minister
• A party to dispute may apply to industrial court to prohibit sr=trike
or lockout as a matter of urgency if the party that issued notice
has failed to participate in conciliation in good faith with a view to
resolving dispute
• Industrial court may further require them to any conciliation in
good faith to resolve dispute
4.Occupational Safety and health act
• Purpose is to protect workers from health and safety hazards on job
• Sets out duties for all workplace parties and rights of workers
• Establishes procedures for dealing with workplace hazards and
provides for enforcement of the law where compliance has not been
achieved
Health general provisions
 Cleanliness- proper drainage, sanitary convenience available, accumulation of dirt and
refuse removed daily clean floor ceiling and partitions of inside wars, staircase washed.
 Overcrowding:-every work room not less than 9 feet in height
 Ventilation: adequate
 Lighting:- natural or artificial- adequate
 Drainage of floors:- effective means of drainage in the course of manufacturing
 Sanitary convenience; clean for male and female workers separately. Adequate lighting ,
ventilated
 SAFETY
• Fencing machinery by safe guards, every moving part covered
• Inexperienced workers not to be employed to run any machine –receive sufficient training first, under adequate supervision
• Hoists and lifts- good mechanical construction, properly maintained examined every 6 months. certificate of evaluation
offered and put in register
• Lifting machines, chains ropes-like above. Examined every 6 moths
• cranes., lifting machines- not loaded beyond safe working load. Cranes should not approach less than 20 feet. People
removed from the area of operation
• Floors, stairs, access passages: sound construction and properly maintained . Free from obstruction. Handrails provided
• Dangerous fumes; prohibition of entry
• Explosive inflammables /dust /gas: measures to prevent explosions , effective enclosure or machinery use in the process
removal of accumulated gas, fume, vapor
• Prevention of fire; prevent fire outbreaks, safe means of escape, for all persons n the event of fire, fire equipment fighting
facilities provided
• Chemical safety, ensure proper transportation and disposal, labelling And marking, classification of hazardous chemicals and
substances
•
 5.WORK INJURY BENEFIT ACT
• Every employer shall obtain and maintain an insurance policy
• Employer is liable to pay compensation to workman for
• A) personal injury caused by him by accident in the course of
employment
• Injury must have resulted from some risk incidental to the duties of
the service and not during his personal activities or self injury
• B) Any occupational diseases contracted by him e.g lead products,
Radiation. Compensation is after having worked for 24 months
 Compensation for death
 Incase of death from injury, dependants are compensated . Sum of
compensation is equal to 96 months earning. Court will order the
amount to be apportioned to dependants or how to invest
 Court determines amount of compensation if worker did not leave
any dependants who are dependent on him
 If no dependants expenses for burial are paid by employer
 Compensation for total incapacity
• Sum paid is equal to 96 months earnings subject to minimum
and maximum amounts determined by minister
• Nb claim for compensation is preferred within 2 years of
accident occurrence
 Defenses available to employer
• Employer not liable to pay incase of the following:
• A) injury does not result in partial /total disablement of
workman for period exceeding 3 days
• When there is willful disobedience to an order of employer
rule for purposes of securing safety of workman
• Disregard of safety rules which he knew
 Reporting of accidents
 Written or verbal notice of any accident to employer
 Employer reports to director in prescribed manner within 24
hours for fatal accident and seven days for less fatal