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Employment Rights in Homa Bay, Kenya, are governed by the Kenyan national constitution along with several laws and regulations, including the Employment Act, 2007, the Labour Relations Act, 2007, and the Work Injury Benefits Act, 2007. These laws protect employee rights such as contracts of service, reasonable terms and conditions of work, fair remuneration, and safe working environments. They also cover aspects like unfair termination, discrimination, and harassment in the workplace.
Several situations may necessitate legal assistance in the field of Employment Rights. If you feel you have been unfairly terminated, discriminated against on grounds of race, colour, sex, religion, political opinion, or social origin, a lawyer can help you proceed with legal action. If your employer is not paying your wages or benefits as per legal guidelines, or if your working environment compromises your health and safety, legal advice can help you understand your rights and remedies. Lawyers knowledgeable about Employment Rights can also offer guidance on labour disputes, collective agreements, and industrial action.
The Employment Act, 2007, in Kenya covers matters relating to contracts of service, payment of wages, and termination of employment. It also provides provisions relating to foreign contracts of service and protection against sexual harassment at the workplace. The Labour Relations Act, 2007, provides for the freedom to join trade unions, and the Work Injury Benefits Act, 2007, outlines compensation in case of injury sustained in the course of employment.
As an employee, you have the right to fair remuneration, safe and healthy working conditions, to form or join a trade union, and to go on strike. You also have protection against discrimination, sexual harassment and unfair termination or dismissal at work.
An employer can terminate employment on grounds of misconduct, inability to perform tasks, physical incapacity, and participation in strikes not protected by law. An employer needs to provide a written reason for termination and follow the due process of law.
If you believe you have been unfairly terminated, you can approach the Kenyan Court or the Employment and Labour Relations Court with your complaint. Legal assistance can greatly facilitate this process.
The minimum wage in Kenya is defined by the government and varies based on location and the type of work. As of 2020, the lowest minimum wage is KES 6,070 per month.
An employer cannot unilaterally change your contract. Any changes need to be agreed upon by both parties and should be recorded in writing.
The Ministry of Labour and Social Protection is the governing body related to employment in Kenya. They enforce labour laws and provide information on employment laws and regulations. The Federation of Kenya Employers and the Central Organization of Trade Unions are other significant resources available. Also consider reaching out to local law firms that specialize in employment rights for individualized advice.
If you require legal assistance with Employment Rights, begin by reaching out to local law firms or legal aid services in Homa Bay. They should be able to provide an initial consultation to understand your situation and inform you of your rights and potential remedies. You can also lodge complaints with the Ministry of Labour and Social Protection or the relevant trade union if applicable.
