Employment Act

1. (1) Except as otherwise provided in this Act, this Act applies to all employees employed by an employer under a contract of service.
2. (2) This Act does not apply to-
3. (a) employers and their dependent relatives when dependant relatives are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed five; and
4. (b) the Uganda Peoples' Defence Forces, other than their civilian employees.
5. (3) The Minister may, after consultation with the Board and after taking due account of all Conventions and other international instruments ratified by Uganda, by regulations exclude from the application of all or part of this Act, limited categories of employed persons in respect of whom special problems of a substantial nature arise.
6. (4) The Minister may, after consultation with the Board, by regulations exclude from the application of all or part of this Act, categories of employed persons whose terms and conditions of employment are governed by special arrangements, provided those arrangements afford protection that is equivalent to or better than the provisions of this Act from which those categories are being excluded.
7. (5) Except where the contrary is provided, nothing in this Act applies to employment outside Uganda.

1. "Board" means the Labour Advisory Board established by section 20;
2. "business" includes any trade, profession, undertaking, operation or establishment, whether public, cooperative or private;
3. "casual employee" means a person who works on a daily or hourly basis where payment of wages is due at the completion of each day's work;
4. "child" means a person below the age of eighteen years;
5. "Commissioner" means the Commissioner in the Ministry responsible for labour;
6. "continuous service" means an employee's service with the same employer as defined in Part VIII of this Act;
7. "contract of apprenticeship" means a contract of service-
8. "contract of service" means any contract, whether oral or in writing, whether express or implied, where a person agrees in return for remuneration, to work for an employer and includes a contract of apprenticeship;

29 further items remain in the statutory text above.

1. (b) it precludes any person from-
2. (i) presenting a complaint under this Act to a labour officer;
3. (ii) initiating or enforcing any proceedings under this Act; or
4. (iii) giving evidence in connection with any such complaints or proceedings referred to in paragraphs (i) and (ii) unless that provision forms part of a written agreement for the settlement of a dispute that has been approved by a labour officer as fair and reasonable in all the circumstances.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) No person shall use or assist any other person in using forced or compulsory labour.
2. (2) The term "forced or compulsory labour" does not include-
3. (a) any work or service extracted by virtue of compulsory military service laws for work of a purely military character;
4. (b) any work or service which forms part of the normal civic obligations of the citizens of Uganda;
5. (c) any work or service extracted from any person as a consequence of a conviction by a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of a private individual, company or association; and
6. (d) any work or service extracted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the wellbeing of the whole or part of the population.
7. (3) Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term of two years, or both and to a fine of four currency points for each day or part of the day on which the breach continues.

1. (1) In the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, labour officers and the Industrial Court to seek to promote equality of opportunity, with a view to eliminating any discrimination in employment.
2. (2) Without prejudice to subsection (1), in the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, a labour officer and the Industrial Court, to promote and guarantee equality of opportunity for persons who, as migrant workers, or as members of their families, are lawfully within the territory of Uganda.
3. (3) Discrimination in employment shall be unlawful and for the purposes of this Act, discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, or of preventing an employee from obtaining any benefit under a contract of service.
4. (4) Any distinction, exclusion or preference in respect of a particular ob based on the inherent requirements of that particular job shall not be deemed to be discrimination.
5. (5) The Minister may, by regulations limit the range of jobs open to migrant workers.
6. (6) The Minister and the Board shall, in performing their duties, seek to give effect to the principle of equal remuneration for male and female employees for work of equal value.
7. (7) Every employer shall pay male and female employees equal remuneration for work of equal value.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) An employee shall be sexually harassed in that employee's employment if that employee's employer, or a representative of that employer-
2. (a) directly or indirectly makes a request of that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains-
3. (i) an implied or express promise of preferential treatment in employment;
4. (ii) an implied or express threat of detrimental treatment in employment;
5. (iii) an implied or express threat about the present or future employment status of the employee;
6. (b) uses language whether written or spoken of a sexual nature;
7. (c) uses visual material of a sexual nature; or
8. (d) shows physical behaviour of a sexual nature, which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee's employment, job performance, or job satisfaction.

3 further items remain in the statutory text above.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) The administration of this Act shall be the responsibility of the directorate of labour acting under the authority of the Minister, as well as the local authorities as may be required under the Local Governments Act.
2. (2) The Commissioner may delegate, on the request of a district, to a district labour officer the exercise of any of his or her powers and the performance of any of his or her duties under this Act, generally or in part, and may revoke the delegation by written notice at any time.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Subject to any written law relating to the appointment of a person to the public service, there shall be appointed a Commissioner who shall be responsible for the implementation of the provisions of this Act, acting under the directions of the Minister.
2. (2) Notice of the appointment of a Commissioner shall be published in the Gazette.
3. (3) The Commissioner shall have all the powers of a labour officer including the powers set out in sections 10, 11, 12 and 13.
4. (4) Every district service commission shall appoint a district labour officer and such other officers as may be necessary for purposes of administering this Act.
5. (5) For the avoidance of doubt, every district shall have at least one district labour officer.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The provisions of this section are in addition to and not in derogation of any other powers or duties conferred or imposed on any person by this or any other Act.
2. (2) A labour officer is empowered to engage in labour inspection which shall include-
3. (a) securing the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work;
4. (b) the supply of technical information and advice to employers, employees and their organisations concerning the most effective means of complying with the legal provisions; and
5. (c) bringing to the notice of the Minister defects or abuses not specifically covered by existing legal provisions.

1. (1) A labour officer is empowered-
2. (a) to enter freely and without previous notice at any hour of the day or night, any workplace for inspection;
3. (b) to enter by day, any premises which he or she may have reasonable cause to believe to be liable to inspection; and
4. (c) to carry out any examination, test or inquiry which he or she may consider necessary in order to satisfy himself or herself that the legal provisions are being strictly observed, and in particular-
5. (i) to question, alone or in the presence of witnesses, the employer or the staff of the undertaking, on any matters concerning the application of this Act, or other legal provisions made under this Act;
6. (ii) to require the production of any books, registers or other documents the keeping of which is prescribed by law in order to ascertain whether they are in conformity with the legal provisions, and to copy those documents or make extracts from them;
7. (iii) to enforce the posting of notices required by law; and
8. (iv) to take or remove for purposes of analysis, samples of materials and substances used or handled, subject to the employer or his or her representative being notified of any samples or substances taken or removed for that purpose.

7 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an employer neglects or refuses to fulfil the terms of a contract of employment, or where a complaint or a labour dispute arises as to the rights or liabilities of either party under a contract of employment or under this Act, the aggrieved party may report the matter to a labour officer.
2. (2) A labour officer shall on receipt of a report under subsection (1) resolve the matter by agreement between the parties, involving as much as is practically possible in the negotiations, the workers or the labour union that may be present at the aggrieved party's workplace.

1. (1) A labour officer to whom a complaint has been made under this Act shall have the power to-
2. (a) investigate the complaint and any defence put forward to such a complaint and to settle or attempt to settle any complaint made by way of conciliation, arbitration, adjudication or such procedure as he or she thinks appropriate and acceptable to the parties to the complaint with the involvement of any labour union present at the place of work of the complainant;
3. (b) require the attendance of any person as a witness or require the production of any document relating to the complaint after reasonable notice has been given;
4. (c) hold hearings in order to establish whether a complaint is or is not well founded in accordance with this Act or any other law applicable and the labour officer shall, while conducting the hearing employ the most suitable means he or she considers best able to clarify the issues between the parties;
5. (d) presume the complaint settled if the complainant fails to appear within a specified period; or
6. (e) adjourn the hearing to another date.
7. (2) The labour officer shall, while exercising the powers under paragraph (a) state the reasons for his or her decision on a complaint.

1. (1) A labour officer may institute civil or criminal proceedings before the Industrial Court in respect of a contravention or alleged contravention of this Act or regulations made under this Act, and may prosecute and appear in his or her own name in respect of the proceedings.
2. (2) The rules of evidence shall apply in any criminal proceedings under this Act, but shall not apply in any civil proceedings before the Industrial Court.

1. (b) fails to comply with any reasonable directions, order, requirement, request, demand or inquiry of a labour officer, made or given in pursuance of any power conferred upon the labour officer by this Act; or
2. (c) conceals or otherwise prevents or attempts to conceal any person from appearing before, or being examined by a labour officer.

1. (1) Any person who records or causes to be recorded wrong, inaccurate or deficient information in an employee's records of service, whether retained by the employer or communicated to a labour officer, with an intention to defraud the employee or the employer or any public authority, nr who acts so as to conceal such fraudulent acts, commits an offence.
2. (2) It is an offence for an employer or employee to fail, without ustifiable cause to reply to a labour officer's written request for information within a period of fourteen days from the time that request was received by the employer or the employee as the case may be.
3. (3) Where a court imposes a fine under this section, the court may order part of or all of the fine to be paid to an employee or employer, as the case maybe, who has suffered loss as a consequence of the commission of the offence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A labour officer shall not place himself or herself in any position that involves a conflict of interest

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A labour officer shall not reveal, during or after the period of his or her appointment, any manufacturing or commercial secrets or working processes or confidential information which come to his or her knowledge in the performance of his or her duties

1. The Commissioner may require an employer to furnish in writing returns and statistics, whether periodical or otherwise, of the number of employees, the rates of remuneration and any other conditions of service affecting such employment

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (a) developments with regard to relevant laws and regulations;
2. (b) the staff under the jurisdiction of the Commissioner;
3. (c) statistics of workplaces liable to inspection and the number of workers employed in the workplace;
4. (d) findings in the course of inspection;
5. (e) statistics of industrial accidents and occupational diseases;
6. (f) statistics of people with disabilities in workplaces and any aids being provided by the employer; and
7. (g) statistics of proceedings brought before the Industrial Court and of their disposal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) There is established a board to be known as the Labour Advisory Board which shall consist of-
2. (a) a chairperson;
3. (b) the Commissioner as an ex officio member;
4. (c) public officers and representatives of employers and employees not exceeding ten, as the Minister may appoint, by notice in the Gazette', and
5. (d) one representative of persons with disabilities.
6. (2) Appointments made under this section shall be for a period of three years and except for good cause, no person shall be removed from the Board before the expiry of his or her term of appointment.
7. (3) The Chairperson of the Board shall be appointed by the Minister and, shall be a person well versed in labour matters and of high moral calibre.
8. (4) The representative of employers and employees shall be nominated for appointment to the Board by the Federations of Employers and Federations of Labour Unions, respectively.

2 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The functions of the Board are to advise the Minister on any matter falling under this Act and on any other matters affecting employment and industrial relations as may be referred to the Board by the Minister.
2. (2) The Board shall exercise its powers and perform it's functions in such manner and subject to such conditions set out in the regulations.
3. (3) Where it is proposed to introduce measures designed to encourage and promote collective bargaining, the Minister shall seek the views of the Board on the measures, before their introduction.
4. (4) Subject to subsection (1), the Board shall advise the Minister on the following-
5. (a) matters concerning relations between Uganda and the International Labour Organisation, including the making of replies and comments to questionnaires and proposed texts of international labour standards, the taking of action necessary to comply with the obligations of membership of the International Labour Organisation, and any proposed denunciation of a ratified Convention;
6. (b) aspects of vocational guidance and vocational training;
7. (c) matters concerning the operation of the employment service and the development of the employment service policy;
8. (d) the formulation and development of policies designed to promote the granting of paid educational leave to workers for the purposes of-

5 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person shall not be employed under a contract of service except in accordance with this Act

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. All contracts of service valid and in force at the commencement of this Act shall continue in force and shall be deemed to have been made under this Act

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. A contract of service, other than a contract which is required by this or any other Act to be in writing, may be made orally, and except as otherwise provided by this Act, shall apply equally to oral and written contracts

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A contract of service made with an employee who is unable to read or understand the language in which the contract is written shall be attested to.
2. (2) Attestation shall be by means of a written document drawn up by a magistrate or labour officer and before attesting to the contract the magistrate or labour officer shall-
3. (a) ascertain that the employee has freely consented to the contract and that his or her consent has not been obtained by coercion, undue influence, misrepresentation or mistake;
4. (b) ensure that the contract complies with this Act; and
5. (c) be satisfied that the employee has duly understood the terms of the contract before giving his or her final agreement to it.
6. (3) The magistrate or labour officer shall give a copy of the document recording the attestation to the employer and to the employee, but the original of the document recording the attestation shall be retained by the magistrate or labour officer.
7. (4) A contract which should have been, but was not, attested to as provided for under this section may be enforced at the instance of the employee and the absence of attestation shall not prejudice in any way the rights of the employee.

1. (1) Except where expressly permitted by this Act, an agreement between an employer and an employee which excludes any provision of this Act shall be void and of no effect.
2. (2) Nothing in this section shall prevent the application by agreement between the parties, of terms and conditions, which are more favourable to the employee than those contained in this Act.

1. (1) Except as provided for by subsection (2), a contract of service shall not be transferred from one employer to another without the consent of the employee.
2. (2) Where a trade or business is transferred in whole or in part, the contracts of service of all employees employed at the date of transfer shall automatically be transferred to the transferee, and all rights and obligations between each employee and the transferee shall continue to apply as if they had been rights and obligations concluded between the employee and the transferee.
3. (3) A transfer referred to in subsection (2) shall not interrupt the employee's continuity of service, and the service shall continue with the transferee as if he or she were the transferor.

1. Where the employer's personal or legal position formed the basis of the employment relationship with the employee, the death of an employer shall cause the contract of service to terminate one month from the date of the employer's death, unless it is otherwise legally terminated within that period

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) The bankruptcy or winding up of the employer's business shall cause the contract of service of any employee to terminate one month from the date of the bankruptcy or the winding up order.
2. (2) Subsection (1) shall not apply where, notwithstanding the occurrence of bankruptcy or winding up, the business continues to operate or is transferred.
3. (3) An employee's claim for wages and other entitlements in case of bankruptcy or winding up shall be governed by section 47.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where an employer is unable, or refuses, to pay wages, a labour officer, on the application of any employee of that employer, shall declare the contract of service terminated.
2. (2) The termination referred to in subsection (1) shall be without prejudice to all outstanding and accrued rights arising under this Act, the contract of service or any other law.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A child under the age of twelve years shall not be employed in any business, undertaking or work place.
2. (2) A child under the age of fourteen years shall not be employed in any business, undertaking or workplace, except for light work carried out under supervision of an adult aged over eighteen years, and which does not affect the education of a child.
3. (3) A person shall not continue to employ any child under the age of fourteen years after being notified in writing by a labour officer that the employment or work is not light work meeting the criteria in subsection (2).
4. (4) A child shall not be employed in any employment or work which is injurious to his or her health, dangerous or hazardous or otherwise unsuitable and an employer shall not continue to employ a child after being notified in writing by a labour officer that the employment or work is injurious to health, dangerous or otherwise unsuitable for that child.
5. (5) A child shall not be employed between the hours of 7:00 p.m. and 7:00 a.m.
6. (6) Any person, including a labour union or employer's organisation, may complain to a labour officer if he or she considers that a child is being employed in breach of this section.
7. (7) A person who is aggrieved by a decision of a labour officer under his section may appeal to the Industrial Court.

1. (1) The Minister may, by regulations, require persons over the age of eighteen years seeking employment involving exposure to hazards specified by regulations to undergo medical examination before being engaged by an employer and at regular intervals thereafter.
2. (2) Where a medical examination is required under this section, it shall be carried out by a qualified medical practitioner and shall be certified by a district medical officer in the presence of a labour officer.
3. (3) Where a medical examination is required under this section, the results of the medical examination shall be kept confidential by the medical practitioner, and shall not be disclosed to any other person, other than the person who is the subject of the medical examination, without that person's consent.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Without prejudice to the generality of the preceding sections of this Part, the Minister shall on the recommendation of the Board make regulations governing the employment of persons with disabilities, apprentices and other categories of employees, who in his or her opinion, are in need of special protection under the law

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Every employer shall notify a district labour officer of any employment vacancy whenever it occurs.
2. (2) The Minister may, by regulations, exempt specified categories of employers from the provisions of this section.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. An employee shall not, without his or her consent, be required to accompany his or her employer outside Uganda, unless his or her contract expressly provides so

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) No person shall organise the illicit or clandestine movement of migrants for employment for purposes of departing from, passing through or arriving in Uganda, or give assistance to any organisation for that purpose.
2. (2) A person shall not employ a person whom he or she knows to be unlawfully present in Uganda.
3. (3) Any person who contravenes this section commits an offence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A person or his or her agent or messengers, shall not engage in the business of operating a recruitment agency, unless he or she is in possession of a valid recruiting permit issued by the Commissioner.
2. (2) A recruiting permit shall be subject to such conditions as the Commissioner may require, and may be revoked at any time for good cause.
3. (3) This section shall not apply to recruitment for employment-
4. (a) as a domestic servant; or
5. (b) on non-manual labour.
6. (4) Nothing in this section shall be taken as restricting or prohibiting official labour exchanges operated by or with the approval of the Commissioner.
7. (5) Recruitment agencies shall submit returns of their operations to the Commissioner.
8. (6) The Minister shall make regulations governing the operations.

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An employee recruited for employment at a place which is more than one hundred kilometres from his or her home shall have the right to be repatriated at the expense of the employer to the place of engagement in the following cases-
2. (a) on the expiry of the period of service stipulated in the contract;
3. (b) on the termination of the contract by reason of the employee's sickness or accident;
4. (c) on the termination of the contract by agreement between the parties, unless the contract contains a written provision to the contrary; and
5. (d) on the termination of the contract by order of the labour officer, the Industrial Court or any other court.
6. (2) Where the family of the employee has been brought to the place of employment by the employer, the family shall be repatriated at the expense of the employer, in the event of the employee's repatriation or death.
7. (3) Where an employee has been in employment for at least ten years, he or she shall be repatriated at the expense of the employer, irrespective of his or her place of recruitment.
8. (4) A labour officer may, notwithstanding anything in this section, exempt an employer from the obligation to repatriate in circumstances where the labour officer is satisfied that it is just and equitable to do so, having regard to any agreement between the parties or in the case of the summary dismissal of an employee for serious misconduct.

1. (1) Every employer shall provide his or her employee with work-
2. (a) in accordance with the contract of service;
3. (b) during the period for which the contract is binding; and
4. (c) on the number of days equal to the number of working days expressly or impliedly provided for in the contract.
5. (2) The duty in subsection (1) shall not apply if-
6. (a) the contract is frustrated;
7. (b) its performance is suspended;
8. (c) it is prevented by an act of God or civil strife;

8 further items remain in the statutory text above.

1. (1) Subject to subsection (2), wages shall be paid in legal tender to the employee entitled to payment.
2. (2) Notwithstanding subsection (1), an employer may, with the prior written agreement of the employee, pay wages by bank cheque, postal order, money order or by direct payment to the employee's bank account.
3. (3) Notwithstanding anything in this section, the Minister may, after consultation with the Board, by regulations provide for the partial payment of wages in the form of allowances in kind, and in no case shall alcoholic beverages or noxious drugs, in industries or occupations in which payment in the form of such allowances is customary or desirable, be for the personal use of the employee and his or her family, and the value attributed to such allowance shall be fair and reasonable.
4. (4) An employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking.
5. (5) Wages shall not be payable to any employee in respect of any period where he or she has been sentenced and imprisoned by a court of law.
6. (6) An employee is not entitled to receive wages in respect of any period where he or she is absent from work without authorisation or good cause except that, in the case of an employee who has completed at least three months' continuous service with his or her employer, the following shall not constitute absence without good cause-
7. (a) absence attributable to the occurrence of exceptional events preventing the employee from reaching his or her place of work or from working;
8. (b) absence attributable to a summons to attend a court of law or any other public authority having power to compel attendance; or

4 further items remain in the statutory text above.

1. (1) Where an employee dies during the term of a contract of service, his or her heirs or legal representatives shall be entitled to the wages and any other remuneration due to the employee at the date of death.
2. (2) Where any employee dies at his or her workplace, or on the way to his or her place of work, the employer shall be required to notify the death to the district labour officer who shall notify the Commissioner.
3. (3) Where an employee dies while at work, or while travelling to his or her place of work, their employer shall be required to transport the employee's body to a place of burial notified by that employee's next of kin.

1. (1) The payment of wages in legal tender shall take place at the place of the employee's work or, if he or she works at more than one location, the premises of his or her employer from which he or she works or from which his or her work is administered.
2. (2) Payment of wages shall not take place in premises licensed for the sale of alcoholic beverages or in places of amusement, except in the case of employees whose place of work is in such premises.
3. (3) An employer shall not impose in any contract of service, any agreement, or condition, as to the place where, or the manner in which, or the person with whom, any wages paid to an employee shall be expended and an agreement or condition which contravenes this section shall be invalid.
4. (4) In the absence of a prior written agreement to the contrary-
5. (a) an employee engaged to work for one day at a time shall be paid his or her wages at the end of that day;
6. (b) an employee paid by the hour, day or week shall be paid his or her wages at the end of that hour, day or week;
7. (c) an employee paid fortnightly or monthly shall be paid at the end of each fortnight or month; and
8. (d) an employee engaged to be paid by the piece of work done or by results shall be paid at intervals of not more than one fortnight.

2 further items remain in the statutory text above.

1. Except where it is expressly provided by law, no person may receive the wages due to any employee on behalf of that employee without the written permission of the employee to whom the wages are due

1. (1) Except as otherwise permitted by this Act or any other law, remuneration earned by or payable to an employee shall be paid directly to the employee.
2. (2) No deduction shall be made from the wages of an employee with a view to ensuring a direct or indirect payment to his or her employer or the employer's representative or to any intermediary for the purpose of obtaining or retaining employment.
3. (3) All employers shall be required to provide employees with the equipment, tools and material necessary for that employee to perform his or her duties, and shall not require that employee to pay the employer, or any other person, for the equipment, tools or material.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) The following deductions from remuneration due to an employee are permitted-
2. (a) an amount in respect of any tax, rate, subscription or contribution imposed by law;
3. (b) where the employee has previously given his or her written consent to a deduction being made, the deduction being in respect of any amount representing a contribution to any provident or pension fund or scheme established or maintained by the employer or some other person;
4. (c) deduction by way of reasonable rent or other reasonable charge for accommodation provided by the employer for the employee, or the employee's family, where the employee has agreed to the deduction; and
5. (d) union dues, deducted in accordance with section 48.
6. (2) Notwithstanding the provisions of any other law, an employer shall not deduct from the wages of an employee the cost of any protective gear or tools of trade which are provided by the employer.
7. (3) The attachment of wages by operation of law shall be permitted, but any such attachment shall not be more than two-thirds of all remuneration due in respect of that pay period.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Without prejudice to any other liability for a breach of the provisions of this Part, an employer who acts in contravention of the provisions of this Part is liable to repay any remuneration wrongfully withheld or wrongfully deducted from the employee.
2. (2) A request for repayment by an employee under this Part-
3. (a) shall be made to a labour officer; and
4. (b) shall be made not later than six years after the allegedly unlawful deduction has been made.

1. Notwithstanding any other law to the contrary, on the bankruptcy or winding up of an employer's business, the claim of an employee or those claiming on his or her behalf, wages and other payments to which he or she is entitled under this Act, shall have priority over all other claims which have accrued in respect of the twenty six weeks immediately preceding the date on which the declaration of bankruptcy or winding up is made

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In this section, the expression "union dues" means any regular or periodic subscription required to be paid by a union member to any labour union of which he or she is a member under the rules, as a condition of his or her membership, but does not include any pay or subscription for a particular object or purpose.
2. (2) The general secretary of a labour union or his or her representative may issue to every employer who employs any person who is a member of a labour union a written notice attached with the written consent of the respective employee, requiring the employer-
3. (a) to deduct from the wages of his or her employees who are members of the labour union such sums specified as union dues in the notice, and such deductions shall be made at the periods specified in the notice; and
4. (b) to pay to the labour union the sums deducted in accordance with this section.
5. (3) Where an employer to whom a notice has been given under subsection (2) refuses or fails to comply with the provisions of the notice, he or she shall be liable to pay to the labour union a sum equal to three percent of the total amount of the deduction for each month during which the sums are not paid to the union, the outstanding in addition to the union dues.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Every employee shall receive with each payment of his or her wages an itemised pay statement from his or her employer, in writing, in a form and language which the employee may reasonably be expected to understand, which shall set out-
2. (a) the amount of every deduction from his or her wages due at the end of that particular pay period;
3. (b) the amount of every deduction from his or her wages during that pay period and the purpose for which each such deduction was made; and
4. (c) the employee's net wages payable at the end of that pay period.
5. (2) Where an employer fails to provide a pay statement as required by this section, or fails to provide a statement that is accurate, an employee shall have the right of complaint to a labour officer.
6. (3) A labour officer, following a complaint made under this section shall have the power to issue one or more written statements which shall take the place of any pay statements the employer has failed to issue, or amend any inaccuracies in any pay statement issued in respect of which a complaint has been made.
7. (4) A labour officer shall have the power to order the employer to pay to the employee the aggregate of any deductions from the employee's wages made by the employer in a manner that was not in accordance with an accurate pay statement.
8. (5) Any written statement issued by the labour officer in place of or in amendment of the employee's pay statement shall, for all purposes, be regarded as if it had been duly issued by the employer in accordance with subsection (I).

1. (1) An employee shall not be required to work for an employer for more than six consecutive days without a day's rest, which shall be taken on any day which is customary or as shall be agreed between the parties.
2. (2) The Minister may by regulations exclude from the operation of this section-
3. (a) persons holding high managerial positions; and
4. (b) persons working in family establishments employing not more than five dependent relatives.

1. (1) Where an employee is employed on a contract under which wages are calculated by reference to a period of one week or more, a deduction shall not be made from his or her wages on account of his or her not working or not attending at his or her place of work, on the weekly rest day.
2. (2) Wages payable under a contract of employment-
3. (a) shall be assumed to be in respect of a forty-eight hour week in the absence of an agreement to the contrary and;
4. (b) in the absence of a written agreement to the contrary, hours worked in excess of forty-eight hours in any one week shall be regarded as "overtime hours" for the purposes of this Part.

1. (1) Subject to subsections (2) and (3), in all establishments, the maximum working hours for employees shall be forty-eight hours per week.
2. (2) The employer and the employee may agree that the maximum working hours per week shall not be less than forty-eight hours.
3. (3) Subject to subsection (4), an employer and employee may agree that the normal working hours in a week shall be more than forty-eight hours.
4. (4) Hours of work shall not, except as provided in subsection (5), exceed ten hours per day or fifty-six hours per week.
5. (5) Where persons are employed in shifts, it shall be permissible to employ persons in excess of ten hours in any one day or forty-eight hours in any one week, where the average number of hours over a period of three weeks exceeds neither ten hours per day nor fifty-six hours per week.
6. (6) In any establishment where the maximum working hours are at least eight hours per day, a thirty minute break shall be granted each day to the employees.
7. (7) The Minister may, after consultation with the Board, and subject to the provisions of this section and section 53, regulate the maximum number of hours per week including overtime work, which may be worked in any industry or occupation and may, by order, provide for temporary exceptions in extraordinary situations where the public interest so requires.
8. (8) Where hours in excess of eight hours per day or forty-eight hours per week are worked, they shall, in the absence of a written agreement to the contrary, be remunerated at the minimum rate of one and a half times of the normal hourly rate if the overtime is on the normal working days, and at two times the hourly rate where the overtime is worked on gazetted public holidays.

1. (1) Subject to the provisions of this section-
2. (a) an employee shall, once in very calendar year, be entitled to a holiday with full pay at the rate of seven days in respect of each period of a continuous four months' service, to be taken at such time during such calendar year as may be agreed between the parties; and
3. (b) an employee shall be entitled to a day's holiday with full pay on every public holiday during his or her employment or, where he or she works for his or her employer on a public holiday, to a day's holiday with full pay at the expense of the employer on some other day that would otherwise be a day of work.
4. (2) Where an employee who works on a public holiday receives, in respect of such work, pay at not less than double the rate payable for work on a day that is not a public holiday, that employee shall not be entitled to a day's holiday with full pay in lieu of the public holiday.
5. (3) Subject to subsection (2), any agreement to relinquish the right to the minimum annual holiday as prescribed in this section, or to forego such a holiday, for compensation or otherwise, shall be null and void.
6. (4) This section shall apply only to employees-
7. (a) who have performed continuous service for their employer for a minimum period of six months;
8. (b) who normally work under a contract of service for sixteen hours a week or more.

1 further item remain in the statutory text above.

1. (1) An employee who has completed not less than one month's continuous service with an employer and who is incapable of work because of sickness or injury is entitled to sick pay as follows-
2. (a) for the first month's absence from work he or she is entitled to full wages and every other benefit whether for his or her family or himself or herself stipulated in the contract of service; and
3. (b) if at the expiration of the second month the sickness of the employee still continues, the employer is entitled to terminate the contract of service on complying with all the terms of the contract of service up to the time of termination of employment.
4. (2) For the employee to be entitled to sick pay as referred to in subsection (1), the employee shall-
5. (a) notify or cause to be notified as soon as is reasonably practicable, his or her employer of his or her absence and the reason for it; and
6. (b) produce, if requested by his or her employer and at intervals of not less than one week, a written certificate signed by a qualified medical practitioner certifying his or her incapacity for work and duration of the incapacity.
7. (3) The employer may require that the certificate referred to in subsection (2)(b) be obtained from a qualified medical practitioner other than the company medical practitioner except that, in such a case the employer is responsible for any fees and transport costs payable in connection with the issuing of the certificate.
8. (4) This section applies to employees who are normally employed for at least sixteen hours a week.

1 further item remain in the statutory text above.

1. (1) A female employee shall, as a consequence of pregnancy, have the right to a period of sixty working days leave from work on full wages hereafter referred to as "maternity leave", of which at least four weeks shall follow the childbirth or miscarriage.
2. (2) A female employee who becomes pregnant shall have the right to return to the job which she held immediately before her maternity leave or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.
3. (3) In the event of sickness arising out of pregnancy or confinement, affecting either the mother or the baby, and making the mother's return to work inadvisable, the right to return mentioned in subsection (2) shall be available within eight weeks after the date of childbirth or miscarriage.
4. (4) A female employee is entitled to the rights mentioned in subsections (1), (2) and (3) if she gives not less than seven days' notice in advance or a shorter period as may be reasonable in the circumstances, of her intention to return to work.
5. (5) The notices referred to in subsection (4) shall be in writing if the employer so requests.
6. (6) A female employee who seeks to exercise any of the rights mentioned in this section shall, if requested by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A male employee shall, immediately after the delivery or miscarriage by a wife, have the right to a period of four working days' leave from work yearly herein referred to as paternity leave.
2. (2) An employee referred to in subsection (1) shall be entitled to the payment of his full wages during the said paternity leave.
3. (3) A male employee shall, after the paternity leave, have the right to return to the job which he held immediately before his paternity leave.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A contract of service shall not be terminated by an employer unless he or she gives notice to the employee, except-
2. (a) where the contract of employment is terminated summarily in accordance with section 68; or
3. (b) where the reason for termination, is attainment of retirement age.
4. (2) The notice referred to in this section shall be in writing, and shall be in a form and language that the employee to whom it relates can reasonably be expected to understand.
5. (3) The notice required to be given by an employer or employee under this section shall be-
6. (a) not less than two weeks, where the employee has been employed for a period of more than six months but less than one year;
7. (b) not less than one month, where the employee has been employed for a period of more than twelve months, but less than five years;
8. (c) not less than two months, where the employee has been employed for a period of five, but less than ten years; and

5 further items remain in the statutory text above.

1. (1) An employee is entitled to receive from his or her employer notice in writing of the following particulars of employment-
2. (a) the full names and addresses of the parties to the contract of service;
3. (b) the date on which employment under the contract began, specifying the date from which the employee's period of continuous service for the purposes of this Act shall commence;
4. (c) the title of the job that the employee is employed to do;
5. (d) the place where the employee's duties are to be performed;
6. (e) the wages which the employee is entitled to receive or the means by which they can be calculated, and in either case, the intervals at which they will be paid, and the deductions or other conditions to which they shall be subject;
7. (f) the rate of any overtime pay applicable to the employee;
8. (g) the employee's normal hours of work and the shifts or days of the week on which such work is to be performed;

8 further items remain in the statutory text above.

1. (b) there shall be a rebuttable presumption that the terms and conditions of employment are accurately stated in the written particulars and in any notified changes.

1. (1) On the termination of a contract of service an employer, if so requested by the employee, shall provide the employee with a certificate indicating-
2. (a) the names and addresses of the employer and employee;
3. (b) the nature of the employer's business;
4. (c) the length of the employee's period of continuous employment with the employer;
5. (d) the capacity in which the employee was employed prior to termination;
6. (e) the wages payable at the date of termination of the contract; and
7. (f) where the employee so requests, the reason or reasons for the termination of the employee's employment.
8. (2) The certificate referred to in subsection (1) shall not contain any judgment on or evaluation of the employee's work, but where it is requested by the employee, the employer may provide it in a separate document.

1 further item remain in the statutory text above.

1. (1) This section and sections 62 and 63 shall apply where an employer imposes a disciplinary penalty, other than dismissal, on an employee because of neglect, failure or alleged failure on the part of an employee to carry out his or her duties under his or her contract of service.
2. (2) "Disciplinary penalty" for the purposes of this Part includes-
3. (a) a written warning;
4. (b) reprimand; and
5. (c) suspension from work.
6. (3) An employer is entitled to impose a disciplinary penalty only where it is reasonable to do so in the particular circumstances and what is reasonable shall be decided by considering-
7. (a) the nature of the neglect, failure or alleged failure on the part of the employee, the penalty imposed by the employer, the procedure followed by the employer in imposing the penalty, the reformed conduct of the employee and if any the personal circumstances of the employee; and
8. (b) the disciplinary code set out in Schedule 2 to this Act.

2 further items remain in the statutory text above.

1. (1) Whenever an employer is conducting an inquiry which he or she has reason to believe may reveal a cause for dismissal of an employee, the employer may suspend that employee with half pay.
2. (2) Any suspension under subsection (1) shall not exceed four weeks or the duration of the inquiry, whichever is the shorter.

1. (1) Where an employee believes that an employer was not justified in imposing a disciplinary penalty on him or her, or in imposing a suspension with half pay, the employee may, within a period of four weeks after the imposition of the penalty or suspension, make a written or oral complaint to |i labour officer.
2. (2) Where a complaint under this section has been made to a labour officer, the officer shall-
3. (a) investigate the circumstances leading to the imposition of the disciplinary penalty, and in the course of these investigations he or she shall consult any labour union, if any, established in the business in which the employee is employed; and
4. (b) seek to settle the matter in the first instance by mediation.
5. (3) Where a complaint under this section has been made, a labour officer shall, except where the employer has withdrawn the disciplinary penalty imposed or has paid the employee for the period of the suspension, decide whether it was reasonable for the employer to impose the disciplinary penalty or the suspension with half pay.
6. (4) The labour officer shall communicate his or her decision under subsection (3), including the reasons for that decision in writing to the employer and to the employee.
7. (5) Where a labour officer decides that the imposition of a disciplinary penalty or the suspension with half pay was unreasonable, the labour officer may make an order-
8. (a) that the original penalty be revoked;

5 further items remain in the statutory text above.

1. (1) Termination shall be deemed to take place in the following instances-
2. (a) where the contract of service is ended by the employer with notice;
3. (b) where the contract of service, being a contract for a fixed term or task, ends with the expiry of the specified term or the completion of the specified task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee;
4. (c) where the contract of service is ended by the employee with or without notice, as a consequence of unreasonable conduct on the part of the employer towards the employee; and
5. (d) where the contract of service is ended by the employee, in circumstances where the employee has received notice of termination of the contract of service from the employer, but before the expiry of the notice.
6. (2) The date of termination shall, unless the contrary is stated, be deemed to be-
7. (a) in the circumstances governed by subsection (1)(a), the date of expiry of the notice given;
8. (b) in the circumstances governed by subsection (1)(b), the date of expiry of the fixed term or completion of the task;

2 further items remain in the statutory text above.

1. (1) Notwithstanding any other provision of this Part, an employer hall, before reaching a decision to dismiss an employee, on the grounds of misconduct or poor performance, explain to the employee, in a language the employee may be reasonably expected to understand, the reason for which the employer is considering dismissal and the employee is entitled to have another person of his or her choice present during this explanation.
2. (2) Notwithstanding any other provision of this Part, an employer shall, before reaching any decision to dismiss an employee, hear and consider any representations which the employee on the grounds of misconduct or poor performance, and the person, if any chosen by the employee under subsection (1) may make.
3. (3) The employer shall give the employee and the person, if any, chosen under subsection (1) a reasonable time within which to prepare the representations referred to in subsection (2).
4. (4) Irrespective of whether any dismissal which is a summary dismissal is justified, or whether the dismissal of the employee is fair, an employer who fails to comply with this section is liable to pay the employee a sum equivalent to four weeks' net pay.
5. (5) A complaint alleging a failure on the part of the employer to comply with this section may be joined with any complaint alleging unjustified summary dismissal or unfair dismissal, and may be made to a labour officer by an employee who has been dismissed, and the labour officer shall have power to order payment of the sum mentioned in subsection (4) in addition to making an order in respect of any other award or decision reached in respect of the dismissal.
6. (6) A complaint under subsection (5) shall be made within three months after the date of dismissal.

1. (1) Section 65 does not apply where a dismissal brings to an end a probationary contract.
2. (2) The maximum length of a probationary period is six months, but it may be extended for a further period of not more than six months with the agreement of the employee.
3. (3) An employer shall not employ an employee under a probationary contract on more than one occasion.
4. (4) A contract for a probationary period may be terminated by either party by giving not less than fourteen days' notice of termination, or by payment, by the employer to the employee, of seven days' wages in lieu of notice.

1. (1) In any claim arising out of termination, the employer shall prove the reason or reasons for the dismissal, and where the employer fails to do so, the dismissal shall be deemed to have been unfair within the meaning of section 70.
2. (2) The reason or reasons for dismissal shall be matters, which the employer, at the time of dismissal, genuinely believed to exist and which caused him or her to dismiss the employee.
3. (3) In deciding whether an employer has satisfied this section, the contents of a certificate such as is referred to in section 60 informing the employee of the reasons for termination of employment shall be taken into account.

1. (1) Summary termination shall take place when an employer terminates the service of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.
2. (2) Subject to this section, no employer has the right to terminate a contract of service without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.
3. (3) An employer is entitled to dismiss summarily, and the dismissal shall be termed justified, where the employee has, by his or her conduct Indicated that he or she has fundamentally broken his or her obligations arising under the contract of service.

1. (1) Where an employee complains that he or she has been summarily dismissed without justification, he or she may, within six months after the date of dismissal, present a complaint to a labour officer who shall seek to settle the matter in the first instance by mediation.
2. (2) A labour officer presented with a claim under this section shall decide whether the dismissal was justified in the circumstances, having regard to section 74 and to the disciplinary code set out in Schedule 2 to this Act.
3. (3) Where a labour officer decides that a summary dismissal was unjustified, he or she shall inform the parties of the decision and shall order the employer to pay-
4. (a) the net wages which the employee would have earned had he or she been given the period of notice to which he or she was entitled under this Act or under his or her contract of service;
5. (b) where the dismissal ends the contract before the completion of any service upon which the employee's wages become due, the proportion of the wages due for the period of time for which the employee has worked; and
6. (c) any other losses consequent upon the dismissal and arising between the date of dismissal and the date of expiry of the period of notice referred to in paragraph (a).
7. (4) The right of the employee to present a complaint under this section shall be in addition to his or her right of complaint of unfair dismissal and any other infringement of his or her statutory rights.
8. (5) The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under an agreement between the employer or group of employers and a labour union.

1 further item remain in the statutory text above.

1. (1) An employee who has been continuously employed by his or her employer for at least thirteen weeks immediately before the date of termination, shall have the right to complain that he or she has been unfairly terminated.
2. (2) A complaint made under this section shall be made to a labour officer within three months of the date of dismissal, or such later period as the employee shall show to be just and equitable in the circumstances.
3. (3) No complaint under this section may be made by an employee whose services have been terminated or who has been dismissed under a probationary contract.
4. (4) The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under an agreement between an employer or group of employers and a labour union.
5. (5) Where court finds that a dismissal is unfair, the court may-
6. (a) order the employer to reinstate the employee;
7. (b) order the employer to pay compensation to the employee.
8. (6) The court shall require the employer to reinstate or re-employ the employee unless-

4 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) In any complaint made under sections 63, 69 and 70, a party may be represented by an advocate in the proceedings before a labour officer, and a party may also be assisted by or represented by any official of a labour union or any official of an employer's organisation.
2. (2) Substantive justice shall be administered without undue regard to technicalities.

1. (1) A termination shall be unfair for the purposes of this Part where-
2. (a) the termination is for any of the reasons specified in section 74; or
3. (b) it is found out that in all the circumstances of the case, the employer did not act in accordance with justice and equity in terminating the employee from service.
4. (2) In deciding whether it was just and equitable for an employer to terminate the services of an employee, a labour officer shall consider-
5. (a) code of discipline set out in Schedule 2 to this Act;
6. (b) the procedures adopted by the employer in reaching the decision to dismiss the employee, the communication of that decision to the employee and the handling of any appeal against the decision;
7. (c) the conduct and capability of the employee up to the date of termination;
8. (d) the extent to which the employer has complied with any statutory requirement connected with the termination, including the issuing of a certificate under section 60 and the procedural requirements set out in section 65; and

1 further item remain in the statutory text above.

1. In deciding whether a complaint made under section 69 is well founded, a labour officer shall consult the other employees, if any, in the business in which the employee was employed

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.