Best Employment & Labor Lawyers in Mombasa

About Employment & Labor Law in Mombasa, Kenya

Employment and Labor law in Mombasa, like the rest of Kenya, is primarily governed by the Labour Relations Act of 2007, the Employment Act of 2007, the Work Injury Benefits Act, and the Occupational Safety and Health Act. These Acts provide a comprehensive framework to regulate the conditions of work, terms of employment, and labor relations between employers and employees. They encompass issues such as contract terms, minimum wage guidelines, working hours, holiday entitlements, and termination procedures.

Why You May Need a Lawyer

There are several situations in which one might find themselves needing legal counsel in the field of Employment & Labor. These include cases of wrongful termination, disputes related to salary and other benefits, cases of occupational injury, unethical treatment in the workplace, discrimination, and issues related to collective bargaining. Navigating these legal situations can be complex and a lawyer can help ensure your rights as an employee are protected and upheld.

Local Laws Overview

The key aspects of local laws that are relevant to Employment & Labor in Mombasa, Kenya include; compulsory written contracts for durations exceeding 3 months of employment, mandatory provision for a minimum wage regulated by the government, restrictions on child labor and forced labor, provision for a 45-hour work week and paid vacations and holidays. Additionally, labor laws also outline the procedures for lawful termination and provide a framework for redundancy payouts, maternity benefits, and protection against discrimination in the workplace.

Frequently Asked Questions

1) What should I do if I'm wrongfully terminated?

If you believe you have been wrongfully terminated, you should seek legal counsel. The Employment Act of 2007 provides mandatory procedures that must be followed when terminating employment, providing safeguards against unfair dismissal.

2) How does maternity and paternity leave work in Mombasa?

According to Kenyan laws, both mothers and fathers are entitled to maternity and paternity leaves respectively. Mothers get three months paid leave whereas fathers get two weeks. This is fully paid by the employer.

3) What laws exist to protect against discrimination or harassment in the workplace?

The Employment Act prohibits any form of discrimination whether due to age, race, sex, religion, or disability at the workplace. Breach of this is punishable by law.

4) What are the normal working hours according to Kenyan labor laws?

The standard working hours in Kenya are 45 hours in a week, with 8 hours a day from Monday to Friday and 5 hours on Saturday.

5) What is the process for resolving labor disputes in Mombasa?

Most labor disputes can be resolved through collective bargaining, arbitration, or mediation. If these methods fail, the dispute may be taken to the Employment and Labor Relations Court.

Additional Resources

The Ministry of Labor and Social Protection is a key governmental body that provides guidance and oversight on matters related to employment and labor. The Federation of Kenya Employers (FKE) and Central Organization of Trade Union (COTU) also offer useful resources for both employers and employees respectively.

Next Steps

If you need legal assistance in Employment & Labor law, consider finding a lawyer specializing in this area. You could also seek free legal advice from organizations like Kituo Cha Sheria. Always remember to raise a formal complaint with your employer before taking legal action.