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The Kenya Law Reform Commission (KLRC) and the State Department for Labour have reviewed the Employment Act 2007. The review is aimed at aligning the Act with the Constitution and updating it with general trends in labour laws.

Some of the new issues the draft bill strives to address include supporting gig economy, status of employees in mergers and acquisition, employment issues in contracts in restraint of trade, offering clarity on matters of working hours and leave days, data protection of employees’ data, among others.

The review team has generated a draft Employment (Amendment) Bill, 2019 which is available at our website (www.klrc.go.ke). We appreciate comments even on matters above the substance contained in the draft bill.

Please share your feedback by May 15, 2019 to the undersigned or through the email as indicated below:

 Download the draft bill here

Chief Executive Officer/Secretary

Kenya Law Reform Commission

P.O Box 34999-00100

Nairobi

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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0 #3 Doe 2019-05-08 13:54
It seems that 'independent contractors' in the gig economy are being placed firmly under the label of 'contract for service'. This is despite the issue about the status of gig economy workers being raised in court cases globally and many courts deeming gig economy workers as being employees. Apparent savings by employers employing gig economy workers come at the cost of their being denied things such as overtime pay, minimum wage, statutory deductions, and all the other entitlements employees are granted under Kenyan law.
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-3 #2 SERAH 2019-04-25 11:49
COMMENTS ON LABOUR LAW 2019
If employee can now take 3 months maternity, 30 days sick leave, 21 days leave, and now proposed 5 days compationate and 10 days education leave. Surely if you add public holidays, how is the employer supposed to make up for all that time. It means for each position an employer needs almost another full time employee to sit in for the one taking all those leaves. this is another way of discouraging employees to hire.
Please remove those two additional leaves being proposed.... where is the sacrifice for the employee.
small business cannot afford to hire
Again on issue of merger and acquisition,mos t likely mergers are as a result efficiency.... don't force employers to retain employees they don't require.
I am an employee but can see the contract between employee and employer is having too many condition and they actually favour employee even before the mediation starts.
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-3 #1 SERAH 2019-04-25 11:43
I find the bill really biased against employer and it will deter employers from hiring as it makes it sound once you hire an employee, you have to go to too much administration to terminate the contract.
section 45 new paragraph c introduced to where employee can claim the employer created intolearable working conditions..... any employee can claim this even when they know very well they have resigned for their own reasons. This paragraph will be misused and employers will spend more time in courts.
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