[Rev. 2012]
CAP. 226
Employment
(b)
(c)
in relation to a matter particulars of which—
(i) are included or referred to in an instalment of a statement
given under section 10; or
(ii) are required by section 11(4) to be included in a single
document but are not included in an instalment of a statement
given under section 10 which does include other particulars to
which that provision applies, the material date is the date to
which the instalment relates; and
in relation to any other matter the material date is the date by which
a statement under section 10 is required to be given.
(3) A statement under subsection (1) shall be given at the earliest opportunity
and, in any event, not later than—
(a)
one month after the change in question; or
(b)
where that change results from the employee being required to work
outside Kenya for a period of more than one month, the time when
the employee leaves to start work if that is earlier.
(4) A statement under subsection (1) may refer the employee to the provision
of a document which is accessible to the employee for a change in any of the
matters specified in section 10(3)(ii) and (iii) and section 12(1)(a) and (c).
(5) A statement under subsection (1) may refer the employee for a change in
either of the matters specified in section 10(3)(e) to the law or to the provisions of
any collective agreement directly affecting the terms and conditions of the
employment which is reasonably accessible to the employee.
(6) Where, after an employer has given to an employee a statement under
section 10 either—
(a)
the name of the employer is changed without any change in the
identity of the employer; or
(b)
the identity of the employer is changed in circumstances in which
the continuity of the employee’s period of employment is not broken,
and subsection (7) applies in relation to the change,
the person who is the employer immediately after the change is not required to
give to the employee a statement under section 12 but the change shall be
treated as a change within subsection (1).
(7) Subsection (6) applies in relation to a change if it does not involve any
change in any of the matters, other than the names of the parties, particulars of
which are required by sections 10 and 11 to be included or referred to in the
statement under subsection (1).
(8) A statement under subsection (1) which informs an employee of a change
referred to in subsection (6)(b) shall specify the date on which the employee’s
period of continuous employment began.
[Corr. No. 1/2008.]
14. Reasonably accessible document or collective agreement
In sections 11, 12 and 13, references to a document or collective agreement
which is reasonably accessible to an employee are references to a document or
collective agreement which—
(a)
the employee has reasonable opportunities of reading in the course
of his employment; or
(b)
is made reasonably accessible to the employee in some other way.
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