[Rev. 2012]
CAP. 226
Employment
(d)
in the absence of an employee, to a person other than the
employee, if the person is duly authorised by the employee in writing
to receive the wages on the employee’s behalf.
(2) An employer shall pay wages to an employee on a working day, and
during working hours, at or near to the place of employment or at such other
place as may be agreed between the employer and the employee.
(3) An employer shall not pay wages to an employee in any place where
intoxicating liquor is sold or readily available for supply, except in the case of
employees employed to work in that place.
(4) No person shall give or promise to any person any advance of money or
any valuable consideration upon a condition expressed or implied that the person
or any dependant of that person shall enter upon any employment.
(5) If, in a contract of service or collective agreement, provision is made for
the payment of any allowance in kind to an employee with the employee’s
consent the payment may with such consent be made only if, the allowance—
(a)
is for the personal use and benefit of the employee; and
(b)
does not consist of or include any intoxicating spirit or noxious drug.
(6) Notwithstanding the provisions of any law for the time being in force,
whenever an attachment has been issued against the property of an employer in
execution of a decree against him, the proceeds realised in pursuance of that
execution shall not be paid by the court to a decree-holder until a decree
obtained against the employer in respect of the wages of employees has been
satisfied to the extent of a sum not exceeding six months’ wages of those
employees.
(7) Nothing in subsection (6) shall prevent an employee from recovering any
balance due after such satisfaction, by ordinary process of law.
(8) Subsection (6) shall not apply if the attachment is issued against an
employer undergoing insolvency as defined under Part VIII in which case the
provisions under that Part shall apply.
(9) If an employer advances to an employee a sum in excess of the amount
of one month’s wages of the employee or, in the case of an employee employed
under a written contract of service, a sum in excess of the amount of two months’
wages of that employee, the excess shall not be recoverable in a court of law.
(10) A person who—
(a)
subject to section 19, wilfully fails to make payment of or to tender
the wages earned by or payable to an employee in accordance with
subsection (1); or
(b)
contravenes any of the provisions of subsections (2), (3), (4) and
(5),
commits an offence and shall on conviction be liable to a fine not exceeding one
hundred thousand shillings or to imprisonment for a term not exceeding two
years or to both.
(11) No employer shall limit or attempt to limit the right of an employee to
dispose of his wages in a manner which the employee deems fit, nor by a
contract of service or otherwise seek to compel an employee to dispose of his
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[Issue 1]
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