CAP. 226
[Rev. 2012]
Employment
15. Informing employees of their rights
An employer shall display a statement in the prescribed form of the
employee’s rights under this Act in a conspicuous place, which is accessible to
all the employees.
16. Enforcement
(1) Where an employer does not give an employee a statement as required
by section 10, 12 or 13 or an itemised pay statement as required by section 20,
the employee may file a complaint with the labour officer and the complaint shall
be deemed to be a complaint filed under section 87.
(2) Where as a result of a complaint arising out of section 10, 12, 13 or 20 the
Industrial Court determines particulars which ought to have been included or
referred to in a statement given under these sections, the employer shall be
deemed to have given to the employee a statement in which those particulars
were included or referred to as specified in the decision of the Industrial Court.
(3) Where under subsection (1) the Industrial Court has to determine whether
the statement given complies with a statement under section 10, 13 or 20 the
Industrial Court may—
(a)
confirm the particulars as included or referred to in the statement
given by the employer;
(b)
amend those particulars; or
(c)
substitute other particulars for them as the Industrial Court may
determine to be appropriate, and the statement shall be deemed to
have been given by the employer to the employee in accordance
with the court’s decision.
(4) A person who fails to give to an employee a statement as required by
section 10, 12, 13 or 20 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.
(5) Where a person contravenes the sections specified in subsection (1), a
court, on application of the employee or the labour officer on behalf of the
employee may, in addition to the penalty specified in subsection (4) order any
remedy specified in subsection (3).
[Corr. No. 1/2008.]
PART IV – PROTECTION OF WAGES
17. Payment, disposal and recovery of wages, allowances, etc.
(1) Subject to this Act, an employer shall pay the entire amount of the wages
earned by or payable to an employee in respect of work done by the employee in
pursuance of a contract of service directly, in the currency of Kenya—
(a)
in cash;
(b)
into an account at a bank, or building society, designated by the
employee;
(c)
by cheque, postal order or money order in favour of the employee;
or
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