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EmploymentAct PG 8

This document defines key terms related to employment in Kenya, including: - Employer, forced or compulsory labour, HIV, industrial undertaking, labour inspector, labour officer, and lock-out. It defines an employer as anyone who enters a contract to employ individuals, and an industrial undertaking as various types of extraction, manufacturing, construction, and transport operations. It also defines forced or compulsory labour, HIV, labour inspector, labour officer, and lock-out which refers to an employer closing a place of employment to compel acceptance of demands in a trade dispute.

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35 views1 page

EmploymentAct PG 8

This document defines key terms related to employment in Kenya, including: - Employer, forced or compulsory labour, HIV, industrial undertaking, labour inspector, labour officer, and lock-out. It defines an employer as anyone who enters a contract to employ individuals, and an industrial undertaking as various types of extraction, manufacturing, construction, and transport operations. It also defines forced or compulsory labour, HIV, labour inspector, labour officer, and lock-out which refers to an employer closing a place of employment to compel acceptance of demands in a trade dispute.

Uploaded by

dashu3873
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CAP. 226 [Rev.

2012]
Employment

“employer” means any person, public body, firm, corporation or company


who or which has entered into a contract of service to employ any individual
and includes the agent, foreman, manager or factor of such person, public
body, firm, corporation or company;
“forced or compulsory labour” means any work or service which is
extracted from any person under the threat of any penalty, including the threat
of a loss of rights or privileges, which is not offered voluntarily by the person
doing the work or performing the service;
“HIV” means the Human Immune-Deficiency Virus;
“industrial undertaking” includes—
(a) a mine, quarry and other works for the extraction of any substance
from the surface or under the surface of the earth;
(b) a factory or a place where raw materials are manufactured,
processed or packaged;
(c) the construction, reconstruction, maintenance, repair, alteration or
demolition of any building, railway, tramway, harbour, dock, pier,
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain,
well, telegraphic or telephone installation, electrical undertaking, gas
work, water work or other work of construction, as well as the
preparation for or laying of the foundations of any such work or
structure; or
(d) transport of passengers or goods by road, rail, or inland waterway,
including the handling of goods at docks, quays, wharves and
warehouses, but excluding transport by hand:
Provided that—
(i) the Minister, if he sees fit so to do, having regard to the nature
of the work involved in any employment carried on in any
industrial undertaking, may by order declare that the
employment shall be excluded from the provisions of this Part
relating to industrial undertakings, and thereupon the
employment shall be deemed not to be employment in an
industrial undertaking for the purposes of this Part;
(ii) an undertaking of which a part only is an industrial undertaking
shall not for that reason alone be deemed to be an industrial
undertaking;
“labour inspector” means a person appointed as a labour inspector;
“labour officer” means a person appointed as the Commissioner of
Labour, a Senior Deputy Commissioner of Labour, a Deputy Commissioner of
Labour, an Assistant Commissioner of Labour, a Chief Industrial Relations
Officer, a Deputy Chief Industrial Relations Officer, a Senior Labour Officer,
an Industrial Relations Officer or a Labour Officer;
“lock-out” means the closing of a place of employment or the suspension
of work or refusal by an employer to employ any employees—
(a) for the purpose of compelling the employees of the employer to
accept any demand in request of a trade dispute; and

[Issue 1] 8

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