[Rev. 2012]
CAP. 226
Employment
(iii)
pensions and pension schemes;
(b)
the length of notice which the employee is obliged to give and
entitled to receive to terminate his contract of employment;
(c)
where the employment is not intended to be for an indefinite period,
the period for which it is expected to continue or, if it is for a fixed
term, the date when it is to end;
(d)
either the place of work or, where the employee is required or
permitted to work at various places, an indication of that place of
work and of the address of the employer;
(e)
any collective agreements which directly affect the terms and
conditions of the employment including, where the employer is not a
party, the person by whom they were made; and
(f)
where the employee is required to work outside Kenya for a period
of more than one month—
(i) the period for which that employee is to work outside Kenya;
(ii) the currency in which remuneration is to be paid while that
employee is working outside Kenya;
(iii) any additional remuneration payable to the employee, and any
benefits due to the employee by reason of the employee
working outside Kenya; and
(iv) any terms and conditions relating to the employee’s return to
Kenya.
(4) Subsection (3)(a)(iii) does not apply to an employee of a body or authority
if—
(a)
the employee’s pension rights depend on the terms of a pension
scheme established under any provision contained in or having
effect under any Act; and
(b)
any such provision requires the body or authority to give to a new
employee information concerning the employee’s pension rights or
the determination of questions affecting those rights.
(5) Where any matter stipulated in subsection (1) changes, the employer
shall, in consultation with the employee, revise the contract to reflect the change
and notify the employee of the change in writing.
(6) The employer shall keep the written particulars prescribed in subsection (1)
for a period of five years after the termination of employment.
(7) If in any legal proceedings an employer fails to produce a written contract
or the written particulars prescribed in subsection (1) the burden of proving or
disproving an alleged term of employment stipulated in the contract shall be on
the employer.
[Corr. No. 1/2008.]
11. Statement of initial particulars
(1) If in the case of a statement under section 10 there are no particulars to
be entered under subsection (2)(d) or (j) or under any of the other provisions of
section 10(2) or (3), that fact shall be stated in the statement.
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