LABOUR LAW

 INTRODUCTION:
Whether you are entering the job market for the first time or were
recently terminated, it is important to understand your rights as a
worker. Governments have enacted a wide range of employment
laws protecting employees from discriminatory treatment, unfair
labor practices, unsafe work conditions, and more.
 DEFINITIONS
 Labour law: is a body of legislation under the Kenya employment act that defines your rights and
obligations as workers and employers in the workplace
 The Kenya Labour law (also spelled as "labor" law or called "employment law") mediates the
relationship between workers (employees), employers, trade unions and the government
 Collective labour law relates to the tripartite relationship between employee, employer and union
 individual labour law concerns employees' rights at work and through the contract for work.
HISTORY OF KENYAN LABOUR LAW
• The Kenyan Labour laws originally emanated from England and
were imposed by the colonialists to Kenyan natives.
 The colonial government of the British already had structures set on
base in their colonies, including Kenya. The secretaries of state and
other British government cabinet ministries relied solely on news of
the colonies from the governor.
 Kenya Labour laws arose due to the demand for workers to have
better conditions, the right to organize, or, alternatively, the right to
work without joining a labour union, and the simultaneous
demands of employers to restrict the powers of workers‘, many
organizations and to keep labour costs low.
• Employers' costs can increase due to workers organizing to
achieve higher wages, or by laws imposing costly requirements,
such as health and safety or restrictions on their free choice of
whom to hire.
• Workers' organizations, such as trade unions, can also
transcend purely industrial disputes, and gain political power
• The state of labour law at any one time is therefore both the
product of, and a component of, struggles between different
interests in society
SOURCES OF KENYA LABOUR LAWS

i) Statutes(Acts of Parliament):
 include the Kenya Employment Act, the Labour relations Act that regulates the
relationship between trade unions and employers or employees and employers or
employers' organisation, the Labour Institutions Act that creates the National Labour
Board, the Commission of Inquiry, the Wages Councils (both the general and the
agricultural wages council), the Directorate of Labour Administration and Inspection
and the Employment Agencies under the Director of employments ambit( scope)

ii)) The constitution of Kenya 2010:

The Constitution in its article 40 provides for the right to associate, article 41 right of
workers, employers, trade unions and employers organization and as well in its
subsection 5. the right to collective bargaining. in its article 36 freedom of association,
article 37 right to assembly, picketing and demonstration.
iii) The common law :Judge made law
 Derived from judicial decisions of courts and similar tribunals( tribunal is any person or institution with authority to
judge), judicial precedent
 The common law principles also apply such as the tort of vicarious liability, i.e where the employer is responsible
for the acts of an employee, civil actions in industrial accidents and also imposes a duty of the employer and
employee such as confidentiality on the employee and the issue of compensation of part of the employer for injury
or unfair termination of contract.
iv) International treaties:
 ( agreement under international law entered into by actor in international law or international agreement or
protocol, covenant etc/
 Eg convention prohibiting chemical weapons 1993, convention prohibiting biological weapons , 1972conevetntion
 The Constitution in its article 2(5)(6)provides for the adoption of internationally generally accepted principles and
the ratified treaties to for part of Kenyan law. these will include conventions of the international labour organization
such as the minimum age convention, Equal Remuneration Convention
v) Principles and conventions.
Acceptable ways between states covering particular matter eg on pollution prevention, treatment of workers
 Purpose of labour law

Maintenance of Industrial Tranquility

Preservation of healthy, safety and welfare of worker
Maintenance of cordial employee relations
Saves labor from profit seeking exploiter
Promote harmony between employer
Strengthen industrial relations
Provide machinery to solve disputes
Protection of women and children in eg in factoriePromote trade and business
Protect rights of workers and employers
IMPORTANCE AND NECESSITY OF
LABOUR LAW
OBJECTIVES OF LABOUR LAW
• Fair wages
• Equal opportunity
• Protecting children
• Protecting disabled’
• Working hours