While Kenya concentrates on enforcing silly laws, some of the main laws are ignored and never streamlined, like the employment law, work injury laws etc and workers and their families suffer at the hands of certain individuals who have no morals! I too could name the name of such an individual and his organisation who receives a lot of goverment, European Union, NGO and even church support. I guess the best option in kenya is to count your losses and move on. There is no way to touch them!! Take them to court and you will have more to loose than they. We are powerless.
Mar 11, 2011
some provisions of the law by: lisa
The Employment Act 2007 provides that:
1. An employer shall pay the entire amount of the wages earned by or payable to an employee in respect of work done by the employee. Payment may be by cash, cheque, postal order, money order, directly into an account at a bank or building society, or to a person authorised to collect payment on behalf of the employee.
2. Payment is to be made on a working day and during working hours.
3. Payment of wages should not be done in any place where intoxicating liquor is sold or readily available for supply, except in the case of employees employed to work in that place.
The law does not give any limits on payment, therefore payment can be as much or as little as the employer and employee negotiate it to be. Even though there are no limits on the amount, there however needs to be some level of compensation for the work done. This is in accordance with the rules of contract law. So, in summary there must be some amount of payment for work done (even if the law does not provide limits on the amount).
Despite this general rule, the law provides for minimum wages for certain occupations. An employer is therefore, by law, prevented from paying less than the prescibed amount. This is provided for in the Labour Institutions Act. Examples are:
1. Unskilled employee - 3,347 per month or 140.55 per day
2. Stockman, herdsman, watchman - 3,865 per month or 163.70 per day
3. House servant or cook - 6,037 per month or 145.50 per day
4. Farm foreman - 6,037 per month or 255.10 per day
5. Farm clerk - 6,037 per month or 255.10 per day
6. Senior foreman - 3,908 per month or 166.20 per day
7. Farm artisan - 4,000 per month or 170.05 per day
8. Tractor driver - 4,242 per month or 180.20 per day
9. Combined harvester driver - 4,673 per month or 198.30 per day
10. Lorry driver or car driver - 4,904 per month or 207.90 per day
May 23, 2010
wiba 2007 by: peter
hi all,
Employers in kenya can get away with anything!! Ever heard of managers of big firms getting fataly injured during working hours and not being paid workmans compensation??
Apparently laws in kenya are just written. Going to court is not an option. Rich employers can bribe and make it difficult for employees to get their rights.
Jan 07, 2010
when you do your work you should be paid by: Irene.O
Dear Anne,
I think it is doesnt matter where you are every employer should pay their employees according their agreements. I know that it happens a lot in Kenya that employers let their employers work and after some weeks or months refuse to pay and release their workers without a shilling. Most workers dont have a employment agreement and are not protected. And even if they have to pay a lawyer is also for most workers to expensive. I know that there are also labour offices where a employee can go to report their employer and get the assistance they need. The employer get a letter to come and clarify the matter if not it can end up in court. But as said then the employee/ worker need a lawyer as well to defend his/her case.And without a written and signed employment letter it is hard to start a case. In my opinion a employment agreement is very important for the employee and the employer. Cause I also know of cases whereby the employees claims to be paid while the work was not done..
Jan 07, 2010
Employer Commitments by: Archie Melrose
Anne,
This is a hard one and I will be leaning on Irene to help out here. I am not sure what the Kenyan Government rules and regulations are regarding protection for employees and their payment for work. In the ideal world if you work then you should be paid for that work.
In our 'mzungu' world it is accepted that if you are hired then you get paid for your hours/days/weeks etc. There are legislations and laws to protect employees so that they have that protection if there is a dispute. In many other countries who do not have such laws there is no protection for employees and they can lose their jobs with no pay for their work. Therefore the employer can do what he wants with employees or just disappear with the profits.
In my short experience, the Kenyan workers are able and willing to work each and every hour of the day and even more when asked. My own Peris plus others who were marketing a well known cooking oil [FF] in Nakuru were left with no wages for 3 months due to lack of accountability. Legal representation died and the employees got nothing despite working many many hours. I wonder how many went without food for weeks at that time.
I could name and shame the man involved but this is not the place to do so.
As far as I know the only recourse you have is to take your employer to court and try to recover your due money. If you have a written contract then that is in your favour, if not then I am afraid you will have to depend on 'moral' laws and 'christian' ideals.
