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Working conditions and labour laws in Kenya

Last activity 24 October 2018 by Longonot62

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Priscilla

Hello,

Working conditions differ across the world, and as a working expat, it is important to know your rights as an employee.

Are working conditions standard in Kenya? For instance, are working hours, paid time off, and sick leave different for expats v.s. locals? Do they differ based on the type of company (private, public, NGO)?

Are there laws in place regarding physical conditions of the office, employee protection, etc.?

What are some resources in Kenya to inform people about labour laws and employee rights (websites, governmental associations)?

Have the general working conditions or labour laws changed in any way lately?

How do the working conditions and labour laws in Kenya differ from your country of origin?

Thank you for sharing your experience,

Priscilla

Chepcarol

Labour laws are governed by  5 Statutes in Kenya.

Key among them (relevant to your question) The Employment Act,The Occupational Safety and Health Act.The other 3 touch on labour relations and work injuries.

While these laws exist  ,the enforcement is usually upon an issue arising e.g Termination etc.It is however imperative that you consult the statutes in the event of a job offer to make the contract is aligned to and complies with the law.

ozchick

HIlarious.. labour rights..
Okay, I haven't been hired in Kenya.  I went to Immigration several times about obtaining a visa for working online like on Upwork etc but never got a response.

My husband quit a job and didn't give notice saying "this is Kenya."  They still wrote him a reference.  I thought poor form.  But.. employers have all the power.  Laws smaws..
So not sure what happening since supermarkets changed but before at least Nakumat I heard paid well for the common person but they all were working 12-16 hour days for 28k a month.  Local no name supermarkets - would never leave bag there as one askari was on 4k a month in Nairobi - 6 days  week.  Askari for ATM works most days of the month 16 hour days for peanuts, why would she protect ATM>  Askari local mall, I hear they on 20-25k depending on company but she lived in Soweto in one room with her 2 kids and niece, hubby on farm in rural area.. 2 kids doing KSCE on that income..... 

In rural area a Mhindi made out he was a real hero as he paid school fees for his best workers.  He pays them 4000 a MONTH!! Pay them a living wage you B#St#RD and they can pay their own kids fees.  Also in rural area, an INdian businessman said African women are whores who spread HIV - But they pay them peanutes then offer waitress *and one me lol) money in carpark!!      And ask for sexual favours to get job.  IN fact most job offers all seemed sexual.  Received lots of job talks with men and they all end up hinting that way so really would not entertain.  But some women bascialy go hard and go for a man on purpose to gold dig

Most people want to do business in Kenya.. Unless you work for international company with good policies and conditions or Kenyan for gov or good school.. better to sell bananas on side of road.  In fact, some of those fruit and veg sellers if their stall big enough do okay on profit, more than those in jobs.

My husband and I have a company and we've done small projects but in future I would build on that and offer work to people without demeaning.  Some rich people see workers as not human. "Go and work for it" yes true but at least be able to buy daily bread

Longonot62

As for above; labour conditions for locals are often far below ideal and I agree with everything posted above and this is despite an 'official minimum wage'.  Very low pay and risk of being fired on the spot are features of work such as shop assistants, house staff and askaris (security).  A stark choice for them - work for peanuts, or have no work and no income at all, in a country with a high unemployment rate and little state support.

Little wonder that many crimes involving burglary are inside jobs! 

Added into the mix is the tendency for employers to be late payers, so workers don't quite know when their money will arrive.  Even some larger employers will not necessarily pay on time at the end of each month.

As highlighted above; certain sectors of the population are notorious for appallingly low pay and poor treatment of their workers and it seems that the richer they are, the worse they often are.

Why is this relevant?  As an expat you may well employ locals to secure your compound, take care of your house and so on.  Don't fall into the trap of treating people like dirt.

For expats seeking work in Kenya, pay and conditions are normally quite good and there is a well recognised disparity between local and expat wages - certainly amongst the reasons why the government is scrutinising foreign work permits and working to ensure that work permits will probably be much harder to obtain in the future.

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