Labour matters in Kenya are governed by various pieces of legislation namely the;
- Employment Act, 2007 (Employment Act);
- Labour Relations Act, 2007;
- Labour Institutions Act, 2007;
- Regulation of Wages (General) Order, which is subsidiary legislation under the Labour Institutions Act, 2007;
- Employment and Labour Relations Court Act, 2011;
- Work Injury Benefits Act, 2007;
- Occupational Safety and Health Act, 2007.
Terms and conditions of employment are regulated under the Employment Act and the Regulation of Wages (General Order).
The Employment Act provides for the minimum terms and conditions of employment.
However, an employer and employee are free to enter into contractual arrangements providing for terms more favourable than the prescribed minimum.
The Employment Act does not apply to independent contractors; their terms of services, rights and obligations are regulated by contract.
