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Hiring and firing law in Ruiru, Kenya, falls under the jurisdiction of national Kenyan employment laws. These laws are designed to regulate the relationship between employers and employees, establish fair labor practices, and provide guidelines for recruitment, employment contracts, terminations, and dispute resolutions. Regulations are primarily drawn from the Employment Act of 2007, which outlines the rights and obligations of both parties in the employment context, and other relevant labor laws and regulations.
Legal assistance can be valuable in various scenarios related to employment. This includes understanding your rights and obligations when drafting employment contracts, handling workplace disputes, navigating the complexities of layoffs or redundancies, and ensuring compliance with labor laws during the hiring or firing process. A lawyer can also represent you in cases of wrongful termination, unfair labor practices, or if you need to negotiate severance packages and exit terms.
Key aspects of local laws relevant to hiring and firing in Ruiru, Kenya include the requirement for written employment contracts, adherence to the stipulated minimum wage, observance of working hours, leave entitlements, and fair termination procedures. For instance, employers are mandated to provide a valid reason for terminating employment and follow due process, such as issuing warnings or providing notice. Discrimination in hiring or firing based on gender, religion, disability, or ethnicity is prohibited under Kenyan law.
An employment contract should include the names of the employer and employee, job description, date of commencement, type of employment (e.g., permanent, contract), working hours, salary details, leave entitlements, and termination procedures.
Generally, termination without notice is only permissible under gross misconduct or other serious circumstances as outlined in the Employment Act. Otherwise, appropriate notice or payment in lieu of notice is required.
Yes, the Employment Act allows for probation periods, which are typically not more than twelve months, including the extension period.
Legal grounds for dismissal include gross misconduct, poor performance, physical incapacity, operational requirements of the business (redundancy), and other lawful reasons stipulated by the Employment Act.
Severance pay is mandatory in cases of redundancy, as per the Employment Act, and the amount is usually based on the length of service.
The minimum notice period ranges from one day to one month, depending on the length of service and terms of the employment contract.
Wrongful termination occurs when an employee is dismissed without a valid reason or without following the proper legal process as set out in the Employment Act.
Yes, an employee can challenge a dismissal they believe to be unfair or unlawful by filing a claim with the Industrial Court.
Yes, employees in Kenya have the right to join or form trade unions and to be represented by them in employment matters.
An employer must follow the procedures set out in the Employment Act, such as providing written notice, consulting with the employee or their representatives, and paying severance packages.
Those in need of legal advice regarding hiring and firing can consult the Ministry of Labour and Social Protection, the Federation of Kenya Employers (FKE), and the Central Organization of Trade Unions (COTU) in Kenya. These bodies can provide guidance and support on labor laws and workers' rights.
If you require legal assistance in hiring and firing matters, you should first gather all relevant documentation, such as employment contracts, communication records, and any evidence of the issues in question. The next step is to contact a reputable lawyer specialized in employment law to review your case and advise on the best course of action. Ensure you act promptly to comply with any time limits for raising disputes or making claims as per Kenyan employment law.
