General information, not legal advice
These guides explain the rules in plain words, but every real case has details that change the outcome. This page is not a substitute for independent legal advice: before you act — send a letter, resign, or start a dispute — have your specific situation reviewed by a qualified labour lawyer. If you want independent legal advice, reach out and we will direct you to labour counsel.
Unfair termination
Your employer must have a valid reason and follow a fair process before ending your employment.
- Termination is unfair if the reason is not valid or fair, or if a fair procedure was not followed.
- You must be told the reason in a language you understand and given a chance to respond, with a colleague or union rep present.
- Reasons that are never valid include pregnancy, union membership, filing a complaint, race, sex, religion, a terminal illness or disability.
- The employer carries the burden of proving the reason was valid.
- Remedies include reinstatement, re-engagement, or compensation of up to 12 months' gross salary.
- Claims must generally be filed within 3 years; you can first report to the Labour Officer.
Employment Act 2007, ss. 41, 43, 45, 46, 47, 49, 90
Constructive dismissal
When your employer makes work so intolerable that you are forced to resign, the law can treat it as a dismissal.
- Common examples: unilateral pay cuts, demotion without cause, withholding salary, hostile treatment, or forcing you into an unsafe role.
- The employer's conduct must be a serious breach of the contract — not just a minor disagreement.
- Resign soon after the breach and state the reason in writing; waiting too long may be seen as accepting the change.
- Keep evidence: emails, payslips, messages, witness names and dates.
- If proven, it is treated as unfair termination with the same remedies (up to 12 months' salary).
Employment Act 2007, s. 45; Coca Cola East & Central Africa v Maria Kagai Ligaga (Court of Appeal, 2015)
Redundancy
Redundancy means your job ended through no fault of yours — and it comes with strict procedure and pay rights.
- Your union (or you and the Labour Officer, if not unionised) must get at least one month's written notice of the reasons and extent.
- Selection must be fair, considering seniority, skill, ability and reliability.
- Severance is at least 15 days' pay for every completed year of service.
- You are also owed notice pay (or one month's pay in lieu) and pay for unused leave.
- Any outstanding benefits, dues and a Certificate of Service must be provided.
- Redundancy without following s. 40 can be found to be unfair termination.
Employment Act 2007, ss. 2, 40, 51
Benefits & entitlements
Beyond your salary, the law guarantees several minimum benefits.
- Annual leave: 21 working days of paid leave after every 12 months.
- Sick leave: 7 days full pay, then 7 days half pay, after 2 months' service.
- Maternity leave: 3 months on full pay. Paternity leave: 2 weeks on full pay.
- Pre-adoptive leave: 1 month on full pay.
- At least one rest day in every 7 days; overtime and public holiday work as per your sector's Wages Order.
- Housing: the employer must provide housing or a reasonable housing allowance.
- Statutory contributions (NSSF, SHIF, Housing Levy) must be remitted — check your statements.
- On exit: a Certificate of Service, final dues and any unused leave pay.
Employment Act 2007, ss. 27–31, 51; NSSF Act 2013; Social Health Insurance Act 2023
Wages & deductions
You must be paid on time, in full, with a clear payslip.
- Employers may only deduct what the law allows (PAYE, NSSF, SHIF, Housing Levy) or what you agreed in writing.
- Total deductions cannot exceed two-thirds of your wages.
- Minimum wages are set by Regulation of Wages Orders for your sector and town.
Employment Act 2007, ss. 17–20; Labour Institutions Act
Employment contracts
If you work for 3 months or more, you are entitled to a written contract.
- The contract should state your job, pay, hours, leave and notice terms.
- Casual workers employed continuously for over a month gain contract protections.
- Probation cannot exceed 12 months in total.
Employment Act 2007, ss. 9, 10, 37, 42
Workplace policies
Good employers put key rules in writing — and must apply them fairly to everyone.
- Employers with 20 or more employees must have a written sexual harassment policy.
- Employers with 50 or more employees must have written disciplinary rules.
- Common policies: HR manual, code of conduct, disciplinary and grievance procedure, leave, health & safety, anti-discrimination, data protection, lactation/breastfeeding.
- Policies form part of your terms — ask for a copy and keep it.
- A policy cannot take away rights the law gives you; where they conflict, the law wins.
- Your employer must follow its own procedures, especially in discipline and dismissal.
Employment Act 2007, ss. 6, 12; Occupational Safety and Health Act 2007; Data Protection Act 2019
Harassment, bullying & discrimination
Everyone has the right to dignity at work. Harassment, bullying and discrimination of any kind are unlawful.
- Harassment is any unwanted conduct that violates your dignity or creates an intimidating, hostile or humiliating environment.
- Keep records: dates, messages, witnesses — and report through your employer's grievance procedure.
- If internal channels fail, approach the Labour Officer, the National Gender and Equality Commission, the Kenya National Commission on Human Rights, or the Employment and Labour Relations Court.
Sexual harassment
- Includes requests for sexual favours tied to work benefits or threats, unwelcome touching, sexual comments, and sharing explicit material.
- It applies whether the harasser is your employer, a manager or a co-worker.
- Employers with 20+ staff must have a policy explaining how to complain and what action will be taken.
Racial & ethnic harassment
- Slurs, jokes, stereotyping or unequal treatment based on race, tribe, colour or national origin.
- Tribal favouritism in hiring, promotion or dismissal is discrimination.
Age-related harassment
- Mocking, sidelining or forcing out employees for being 'too old' or 'too young'.
- Age is a protected ground under the Constitution; only lawful retirement ages may be applied.
Gender-related harassment
- Unequal pay for work of equal value, sexist remarks, or denying roles because of gender.
- Treating someone unfairly because of pregnancy or family responsibilities is gender discrimination.
Maternity & breastfeeding rights
- 3 months' maternity leave on full pay, with the right to return to the same or a suitable job.
- Dismissal because of pregnancy or maternity is automatically unfair.
- Employers must provide a lactation station (mother's room) — clean, private, with a fridge and a place to sit — for breastfeeding mothers.
- Nursing mothers are entitled to reasonable breaks to breastfeed or express milk, counted as working time.
Disability, religion & terminal illness
- Employers must make reasonable adjustments for employees with disabilities.
- You cannot be treated unfairly because of your faith, a disability or a terminal illness.
- A diagnosis is private information — you are not required to disclose it to your employer unless the job legally requires it.
Workplace bullying
- Repeated shouting, public humiliation, isolation, impossible targets or threats.
- Bullying that makes work unbearable can amount to constructive dismissal.
Constitution Art. 27–28, 41; Employment Act 2007, ss. 5–6, 29, 46; Health Act 2017, s. 71–72; Persons with Disabilities Act
