Legal Age to Work in Kenya

Both employees and employers have the right to take industrial action, which is guaranteed by both the Industrial Disputes Act and the Industrial Relations Charter. None (18 to work as a bartender, carry liquor or work as a waiter in a restaurant that sells alcohol) The draft constitution contains a bill of rights in Chapter Six. This bill establishes the principle of equality (§§ 35, 37), non-discrimination (§ 36), the right not to be subjected to slavery and forced labour (§ 46) and freedom of association (§ 52). Article 59 on industrial relations sets out the rights of workers, employers and trade unions, in particular the right to fair remuneration, the right to decent conditions of work, the right to join a trade union or employers` organization, the right to strike and the right to bargain collectively. In order to fully control workers` organizations, the government created in 1948 a trade union labour commissioner, attached to the Ministry of Labour, to promote “responsible” trade unions (Ananaba 1979, 3). In 1952, a more detailed law for unions was passed, but again with significant omissions. The necessary provisions for the proper functioning of trade unions are lacking. It did not legalize peaceful pickets and did not grant immunity from damages resulting from strikes. On the other hand, the government encouraged the creation of workers` associations and factory committees, because in its interest to restrict workers` organization to economic needs, they corresponded only to economic constraints and did not have the power to strike. 14: (Light work only.

Must have parental permission. The limitation of working time and the reduction of weekly working hours must not interfere with school education) 16: (Light work only. Full education required. 18: Unlimited (18 years to work as a bartender, serve alcohol in a restaurant and work in a liquor store under the supervision of a person over 21 years of age.) The ILO Committee of Experts found that the provisions of Article 3 (1) of the above-mentioned rules infringe the prohibition of Convention 182 ratified by Kenya and the provisions of the national legislation setting 16 years as the minimum age for admission to employment. No permits should be issued by persons, whether parents, guardians or the labour commissioner, who facilitate employment or work, with the exception of light work for persons between the ages of 16 and 18. The Government has enacted laws and regulations on child labour (Table 4). However, there are gaps in Kenya`s legal framework to adequately protect children from the worst forms of child labour, including the gap between the age of compulsory education and the minimum age for admission to employment. Kenyan laws do not apply to probationary periods for individual employment contracts. However, collective agreements generally provide for a probationary period after which the employee obtains employment. (a) being absent from work without permission or valid excuse; (b) is so intoxicated that he cannot perform his job properly; (c) intentionally neglects or ignores the work or performs it inappropriately; (d) uses offensive or offensive language; (e) disobedience to the orders of persons in authority; (f) is lawfully arrested for an offence punishable by imprisonment and is neither released on bail nor lawfully released within 10 days; (g) commits a criminal offence against the employer or the employer`s property. The Government is currently conducting a review of regulations that identify hazardous forms of work for children under the age of 18. The updated list aims to highlight new hazardous working conditions affecting children, particularly due to the pandemic and other situational factors.

(3) Coordinates the implementation of measures related to trafficking in human beings and provides prevention and protection services to survivors within the framework of the Anti-Trafficking Act. Headed by the Anti-Trafficking Secretariat under the Ministry of Civil Service, Gender Equality, Older Persons and Special Programmes, and includes specialists in human trafficking and child protection from several government agencies and NGOs. (2) During the period under review, the Advisory Committee to Combat Trafficking in Human Beings met quarterly and worked on draft amendments to the Anti-Trafficking Act. (101) She was also involved in the development of the National Plan of Action for Children in Kenya (2022-2027). (15) Raise the minimum age for admission to employment to bring it into line with the compulsory school age of 18 and ensure that children up to school age are covered by the provisions on light work. However, this anti-discrimination law is addressed directly only to the public authority and does not create legal claims between private entities. Although the Constitution recognizes historical differences between men and women, employers are not obliged to achieve equality in the workplace or to take positive measures to promote women`s participation more quickly. Under Article 14(1) of the Labour Code, the law requires certain employment contracts to be concluded in writing.

These are contracts: if the dismissal of the employee also violates a contractual obligation to work for a certain period, he can be held liable for damages caused by the employer as a result of the dismissal. However, such cases are rare and difficult to prove. The courts do not grant the employer the specific remedy, i.e.: They will not force an employee to work, because the employer`s only remedy is damages. In general, an employee who resigns is not entitled to severance pay. Kenya has ratified several international conventions aimed at protecting children from exploitation. These include the minimum age, the worst forms of child labour, the Optional Protocol on Armed Conflict and the Palermo Protocol on Trafficking in Human Beings. However, Kenya has not yet ratified the United Nations Optional Protocol on the Rights of the Child on the sale of children, child prostitution and child pornography, which makes children vulnerable to the sex trade. Section 3 § 1 of the Employment (Children) Regulations 1977 permits the employment of children with the prior written consent of an authorised officer, and the only restrictions are that such employment shall not result in children living apart from their parents without their consent, that permission to work in a bar, hotel, restaurant, etc.

requires the consent of the Commissioner of Labour, and that such authorization must be granted annually. should be renewed. The law prohibits the worst form of child labour, which includes all forms of slavery or practices similar to slavery; using, obtaining or offering a child for prostitution, the production of pornographic material or pornographic performances; the use, procuring or offering of a child for illicit activities, in particular for the production of and trafficking in drugs as defined in the relevant international treaties; and work that is likely to be harmful to the health, safety or morals of the child. None (17 years of age) to work as a waiter in a restaurant that serves alcohol, or as a bartender and to handle, transport and sell beer, wine and spirits. The presence of a superior over 21 years of age is required) Under article 7 of the Labour Code, every worker is entitled to at least twenty-one working days of annual leave with full pay. If the employee works less than one year, the number of days is reduced accordingly. This is a minimum, and many contracts and collective agreements provide for annual leave of between thirty and forty-five days. On average, Kenyan workers are granted 24 days of annual leave. Ensure that light work regulations limit the number of hours for all light work activities. However, Part IV of the Employment Act provides for similar restrictions on the employment of women and the employment of young people.