This is an act of the Parliament of Kenya to, among other uses, declare and define the fundamental rights of employees, provide basic employment conditions, and regulate the employment of children.
Prohibition of Forced Labour
Forced labour is prohibited under section 4 of the act, with section 6 requiring the employer with more than 20 employees to develop and share a policy statement on sexual harassment after consultation with the employees. This aims to ensure that people employed are willing to work (not forced) and have an enabling social environment where they can thrive.
Minimum Basic Conditions for Employment
Also, the act prescribes the basic minimum conditions for employment which include; regulation of working hours by the employer, while allocating at least one rest day in every period of seven days (s. 27); employees’ entitlement to annual leave (s.28); maternity and paternity leave for female and male employees respectively (s. 29); and sick leave (s.30). This recognises the need to take rest breaks to reduce work overload and mental stress that may affect the productivity of the worker, and be detrimental to their safety, health and welfare.
Accommodation and Welfare at the Workplace
Further, regarding the welfare and health of workers, the employer is to provide reasonable housing to accommodate the workers (s. 31). Where that is not possible, they should pay the employee an allowance sufficient for the employee to rent/obtain reasonable accommodation.
Section 32 requires the provision of a sufficient supply of wholesome water for use by workers in their place of employment, and medical attention (s.34). Safe drinking water and medicine are among the basics for every human. Additionally, child labour is prohibited as per the provisions of sections 53 and 54 of the Act.
Conclusion
The provisions of the Employment Act discussed above find their application in the domain of organisational ergonomics, which is concerned with the optimisation of socio-technical systems, including their organisational structures, policies and processes.
It regulates the relationship between the workers and their employers, the duties and obligations of each, including the practice of crew management, communication and the design of working times.
Download the Act here.