THE NEW LABOUR LEGISLATION Employment Act No. 11 of 2007 Labour Instiutions Act No. 12 of 2007 Labour Relations Act No. 14 of 2007 Work Injury Benefits Act No. 13 of 2007 Occupational Safety and Health Act No.15 of 2007

Bring labour laws at parity with international labour standards. Factories Act commenced on 1 September 1951, Employment Act commenced on 3 May 1976, Regulation of Wages and Conditions of Employment Act commenced on 7 April 1951, the Trade Union Act commenced on 1 August 1952 while the Trade Disputes Act commenced on 8 June 1965, all with minimal changes.

ILO Labour Standards labour standards. These were until ILO has introduced many changes to international the recent changes in labour legislation not reflected in Kenyan legislation. ILO Convention No. 100 of 1951 recognised ‘equal remuneration’ so that there would be equal pay for both men and women for equal work done.

ILO Labour Standards ILO Convention 111 of 1958 recognised the principle of non discrimination on employment and occupation so that all forms of discrimination in jobs based on race, colour, gender and religion would be eliminated. ILO Convention No. 155 of 1981 addressed occupational health and safety standards.

ILO Labour Standards ILO Convention No addressed maternity protection. These ILO standards influenced industrial court decisions on related issues however they only bound the parties to the dispute before the court hence the need to incorporate changes in legislation.

Statutory health and safety requirements to all workers The safety, health and welfare standards set out in the Factories Act had limited application only to ‘factories’. The Occupational safety and Health Act has extended statutory safety, health and welfare standards to workers and all workplaces.

Better protection of workers The safety, health and welfare standards set out in the Factories Act had limited application only to ‘factories’. The Occupational safety and Health Act has extended statutory safety, health and welfare standards to workers and all workplaces.

Better protection of workers Outlawing of forced labour, sexual harassment and discrimination serve to better protect the worker. Rights such as service pay and improved provisions for maternity and paternity leave improve conditions of employment.

Strengthening labour institutions and mechanisms Industrial court now has original exclusive jurisdiction to deal with labour law disputes except where the Chief Justice designates a magistrate under the Labour Institutions Act to hear matters relating to labour law. It can now enforce its decisions unlike in the past where the same could only be enforced by the High Court.

Strengthening labour institutions and mechanisms Employers organisations and federations have now been brought fully within the ambit of labour laws and their formation and operations are fully governed by the labour laws. Labour, medical and employment officers also have their powers detailed in the laws

Strengthening labour institutions and mechanisms There is now provision for appeal on points of law from decisions of the Industrial Court to the Court of Apeeal. Trade Disputes Act provided that decision of Industrial Court was final.

Labour and employment data for planning and policy purposes. Employers are required to keep various records e.g employment records. These must be accessible to labour and employment officers. Employers are also required to notify the Director of Employment of any vacancy occuring in the establishment, and where such vacancy has been filled to notify the employment service office.

Labour and employment data for planning and policy purposes. The National Labour Board is established and given the capacity to investigate and research labour, economic and social policy, and influence the labour policy and its implementation.

The cost of employment The sheer number of statutory requirements which employers should comply with will make employment relatively expensive to small scale employers. The no-fault system of compensation established by the Work Injury Benefits Act may not reduce the cost of labour by reducing litigation as envisaged.

…The cost of employment Every employer now required to obtain and maintain an acceptable insurance policy in respect of liability to employees.