Legal & Rights

Written Contracts Required For: • Employment exceeding 3 months duration • Specified work that cannot reasonably be completed within 3 months Contract Must Include: • Employee name, age, sex, and permanent address • Rate of remuneration and payment intervals • Job title and description • Date of commencement • Expected duration (if fixed-term) • Place of work • Hours of work • Leave entitlements • Notice period for termination

Payment Requirements: • Wages must be paid in Kenya Shillings • Payment directly to employee (or authorized representative) • Itemized pay statement required showing gross wages, deductions (PAYE, NSSF, NHIF, SHIF), and net amount payable Minimum Wage (November 2024): • Major cities (Nairobi, Mombasa, Kisumu): KES 16,113.75/month • Other areas: KES 7,997.33/month • Private security guards: KES 16,113.75 – 17,976.54/month Protection of Wages: • Unlawful deductions prohibited • Delays in payment attract penalties • Priority claim in case of employer insolvency

Standard Working Hours: • Maximum 52 hours per week (including overtime) • Maximum 8 hours per day for non-shift workers • Maximum 12-hour shifts with appropriate rest periods Overtime Compensation: • 1.5× normal rate for overtime on regular days • 2× normal rate for work on rest days and public holidays Rest Periods: • Minimum 1 rest day in every 7-day period • Adequate breaks during work hours

Annual Leave: • Minimum 21 working days per year with full pay • Accrues after 12 months of continuous service • Cannot be forfeited or bought out Sick Leave: • 7 days with full pay per 12-month period • Additional 7 days with half pay • Requires medical certificate from registered practitioner Maternity Leave: • 3 months (90 days) with full pay • Cannot be required to work within 1 month of expected delivery • Job protection during and after maternity leave Paternity Leave: • 2 weeks (14 days) with full pay • Must be taken within the first month after birth Public Holidays: • All gazetted public holidays (13+ days per year) • Double pay if required to work on public holiday

Notice Periods: • Daily wage → End of day • Weekly paid → 7 days • Bi-weekly paid → 14 days • Monthly paid → 28 days (in writing) Valid Grounds for Termination: • Misconduct or poor performance • Operational requirements (redundancy) • Medical incapacity • Mutual agreement Redundancy Requirements: • 1 month advance written notice • Notification to Labour Officer and trade union • Fair selection criteria • Severance pay: 15 days per year of service Unfair Termination Remedies: • Compensation up to 12 months' salary • Reinstatement to previous position • Notice period wages

Prohibited Discrimination — employers cannot discriminate based on: • Race, color, or ethnic origin • Sex or gender • Religion or political opinion • Nationality or social origin • Pregnancy or marital status • HIV/AIDS status • Disability Sexual Harassment: • Employers with 20+ employees must have a written policy • Must include complaint mechanisms • Investigations must be confidential • Penalties: Up to KES 500,000 fine or 2 years imprisonment Equal Pay: • Equal pay for work of equal value • No discrimination in promotion opportunities