Is an Intern an Employee?
Post

Is an Intern an Employee?

By Khaemba Wafula An internship, as described by the International Labour Organization on the Employment Policy Department Working Paper No. 240 of 2018, is any arrangement for the profit of work within a business or organization, the primary purpose of which is to gain experience, skills, and contacts that will assist the worker in gaining...

New NSSF Rates for Employers and Employees
Post

New NSSF Rates for Employers and Employees

By Purity Ngigi – Sundays The National Social Security Fund is a national/public pension fund meant to provide basic social security for its members upon retirement. Every employer must register with NSSF, register its employees to the pension fund, and make contributions on behalf of the employees.  The NSSF contribution is a statutory pension contribution...

Filing Your Employee Returns
Post

Filing Your Employee Returns

By Purity Ngigi Sundays The Employment Act requires employers to file employee returns with the National Employment Authority (NEA) every year. The returns should indicate the number of employees employed by the company within the year and those who left the employment, including their full name, age, sex, occupation, date of employment, nationality, educational level...

Employers Required to Match Employees NHIF Contributions
Post

Employers Required to Match Employees NHIF Contributions

By Purity Ngigi Sundays The National Hospital Insurance Fund (NHIF) Amendment Bill (“the Amendment Act”)was assented to on 10th January 2022 and came into effect on 28th January 2022. The Amendment Act amends the NHIF Act (“the Act”) by providing for persons above the age of 18 years who are not yet registered under NHIF...

Clearance Certificates No Longer a Requirement During Recruitment
Post

Clearance Certificates No Longer a Requirement During Recruitment

By Purity Ngigi – Sundays The Employment Amendment  Bill No. 79 of 2019 seeks to amend Section 9 of the Employment Act by introducing a provision to stop employers from requiring the provision of mandatory clearance certificates from job applicants during recruitment. The amendment provides that an employer shall not require a job applicant to...

When to Rely on a Performance Management System for Termination
Post

When to Rely on a Performance Management System for Termination

By Purity Ngigi- Sundays In the current digital age, employers are increasingly automating their management systems to make work more efficient. There has been an increase in using performance management systems to track employees performance and performance improvement tools to help underperforming employees improve their performance. It is now customary practice to place employees on...

Paid Maternity Leave Is A Constitutional Right
Post

Paid Maternity Leave Is A Constitutional Right

By Purity Ngigi – Sundays The Employment and Labour Relations Court (the “Court”) recently awarded a former employee  Kshs.2,274,051.60 which included Kshs.1,500,000 as damages for discrimination on account of her pregnancy and three months pay on account of maternity leave.  Facts of the Case The employee submitted a request for maternity leave on 26th January...

NEWSFLASH| NHIF Amendment Bill 2021 – Reprieve To Employers
Post

NEWSFLASH| NHIF Amendment Bill 2021 – Reprieve To Employers

By Purity Ngigi – Sundays News sites have reported that MPs on 29th September 2021 passed the National Hospital Insurance Fund (NHIF) Amendment Bill 2021 at the sitting of the committee of the whole house.  The draft Bill provided a requirement for employers to match their employees NHIF contribution by paying the total amount without...

Pre- Adoption Leave Now Available For Employees
Post

Pre- Adoption Leave Now Available For Employees

By Purity Ngigi – Sundays The President assented to the employment bill proposing one month’s pre-adoptive leave to employees wishing to adopt a child from an adoption society. The signing of the bill into law came following a rejection of the bill earlier this year. The pre-adoption leave became fully operational on 15th April 2020....

Sexual Harassment Policy for Companies and Penalties for Lack Thereof
Post

Sexual Harassment Policy for Companies and Penalties for Lack Thereof

By Purity Ngigi – Sundays The Employment Act provides that every employer with twenty employees and above must have a sexual harassment policy. Employers who meet this threshold must ensure that a sexual harassment policy is drafted and issued to employees. A sexual harassment policy must define what amounts to sexual harassment and must incorporate...