The Labour Relations Act, 2007 THE LABOUR RELATIONS ACT, 2007 ARRANGEMENT OF SECTIONS Section PART 1 ― PRELIMINARY 1―Short title. 2―Application. 3―Interpretation. PART II ― FREEDOM OF ASSOCIATION 4―Employee’s right to freedom of association. 5―Protection of employees. 6―Employer’s right to freedom of association. 7―Protection of employers’ rights 8― rights of trade unions employers’ organisation and federations. 9―Provision may not be varied by agreement. 10―Disputes under Part. 11―Burden of proof. PART III — ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYER’S ORGANISATIONS 12―Establishing a trade union or employers’ organisation. 13―Application to register a trade union or employers’ organisation. 14―Requirements for registering a trade union. 15―Requirements for registering employers’ organisation. 16―Requirements for registering federation of trade unions. 17―Requirements for registering a Federation of Employers. 18―Application for registration. 19―Registration of trade unions, employers’ organisation or federation. 20―Refusal to register trade union or employers’ organisation, or federation. 21―Effect of registration. 22―Objects in restraint of trade not unlawful. 23―Consequences of failure to register 24―Registered office. 25―Registration of branches. 26―Amalgamation of trade unions, employers’ organisations or federations. 27―Change of name or constitution. 28―Cancellation or suspension of registration. 1 The Labour Relations Act, 2007 29―Notice of dissolution. 30―Appeals against decision of registrar. PART IV ― OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS 31―Officials. 32―Membership of minors. 33―Voting members of trade union. 34―Election of officials 35―Notification of officials. PART V ― PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATION AND FEDERATIONS 36―Trustees. 37―Property to be vested in trustees. 38―Devolution of property. 39―Application funds. 40―Prohibion of payment of fines or penalties. 41―Injunction to restrain misuse of funds. 42―Treasurer to render accounts. 43―Annual returns. 44―Inspection of accounts and records. 45―Obstructing inspection by Registrar. 46―Power to require detailed accounts. 47―Misuse of money or property of a trade union. PART VI― TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANZIATION FEES 48―Deduction of trade union dues. 49―Deduction of agency fees from unionisable employees covered by collective agreements. 50―Generral provisions applicable to deductions. 51―Collection of levies other than trade union dues. 52―Direct payment of trade union dues. 53―Payments by members to employers’ organisations. 2 The Labour Relations Act, 2007 PART VII― RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS 54―Recognition of trade union by employer. 55―Election of trade union representatives. 56―Trade union access to employer’s premises. 57―Collective agreements. 58―Alternative dispute resolution. 59―Effect of collective agreements. 60―Registration of collective agreement. 61―Terms and conditions of service in the public sector where there is no collective bargaining. PART VIII― DISPUTE RESOLUTION 62―Reporting of trade disputes to the Minister 63―Respondent may file replying statement. 64―Interested party may file statement of interest. 65―Minister to appoint conciliators. 66―Persons appointed to conciliate. 67―Conciliator’s powers to resolve dispute. 68―Dispute resolved after conciliation 69―Dispute unresolved after conciliation. 70―Minister may appoint conciliator in public interest. 71―Committee of inquiry. 72―Exercise of powers of the Minister. PART IX― ADJUDICATION OF DISPUTES 73―Referral of dispute to Industrial Court. 74―Urgent referrals to Industrial Court. 75―Arbitration Act does not apply. PART X― STRIKES AND LOCKOUTS 76―Protected strikes and lock-outs. 77―Powers of Industrial Court. 3 The Labour Relations Act, 2007 78―Prohibited strikes or lock-outs. 79―Strike or lock-out in compliance with this Act. 80―Strike or lock-out not in compliance with this Act. 81―Essential services. PART XI― MISCELLENOUS PROVISIONS 82―General penalty 83―Regulations 84―Repeal of Cap. 233 and Cap. 234. SCHEDULES 4 The Labour Relations Act, 2007 AN ACT of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development and for connected purposes. ENACTED by the Parliament of Kenya, as follows― PART I  PRELIMINARY Short title. 1. This Act may be cited as the Labour Relations Act, 2007. Interpretation. 2. In this Act, unless the context otherwise requires― “authorised representative” means – (a) the general secretary of a trade union; (b) an employer or the chief executive officer of an employer; (c) the secretary of a group of employers; (d) the chief executive or association secretary of an employers’ organisation; or (e) any person appointed in writing by an authorised representative to perform the functions of the authorised representative. 5 The Labour Relations Act, 2007 “award” means an award made by the Industrial Court; “Board” means the National Labour Board; “collective agreement” means a written agreement concerning any terms and conditions of employment made between a trade union and an employer, group of employers or organisation of employers; “Committee of Inquiry” means a Committee of Inquiry appointed by the Minister to inquire into any matter relevant to a trade dispute; “contract of service” means any agreement, whether oral or in writing, expressed or implied, to employ or to serve as an employee in return for remuneration, and includes contract of apprenticeship and indentured learnership; “conciliation” means the act or process of conciliating; “contract of apprenticeship and learnership” means a contract of service where there is – (a) an obligation on the employer to take all reasonable steps to ensure that the employee is taught, and acquires the knowledge and skills of that industry, by means of practical training received in the cause of the employee’s training and employment; and (b) a provision for formal recognition of the fact that the employee has acquired the knowledge and skills intended to be acquired where the employee has done so; “employee” means a person employed for wages or a salary and includes an apprentice and an indentured learner; 6 The Labour Relations Act, 2007 “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; “employers’ organisation” means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and their employees or the trade unions representing those employees; “employment matter” means a matter concerning any terms or conditions of, or affecting, employment; “executive director” means the head of an employers’ organisation or employers’ federation; “executive board” means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted, and includes the chairman, the general secretary and the treasurer of any trade union; “federation” means a federation of trade unions or a federation of employers; “funds of a trade union” includes all funds received for and on behalf of a trade union with the exception of provident fund dues; “general-secretary” means the national secretary of a registered trade union; “group of employers” means two or more employers who voluntarily associate together for the purposes of negotiating with a trade union and who do not form an employers’ organisation; “Industrial Relations Charter” means a tripartite agreement between the Government, the most representative employers’ organisation, and the most 7 The Labour Relations Act, 2007 representative employees organisation for the regulation of labour and industrial relations in Kenya. “Judge” means a Judge of the Industrial Court; “lock-out” means the closing of a place of employment, the suspension of work, or the refusal by an employer to continue to employ any number of employees – (a) for the purpose of compelling any employees of the employer to accept any demand in respect of a trade dispute; and (b) not for the purpose of finally terminating employment; “Minister” means the Minister for the time being responsible for labour matters; “officer” when used with reference to a trade union or employers’ organisation, means a person employed by that trade union or employers’ organisation; “official” when used with reference to a trade union or employers’ organisation, means a duly elected official of a trade union or employers’ organisation including a member of the executive and a branch official; “procedural agreement” means any agreement which sets out a dispute resolution procedure in that agreement; “recognition agreement” means an agreement in writing made between a trade union and an employer, group of employers or employers’ organisation regulating the recognition of the trade union as the representative of the interests of unionisable employees employed by the employer or by members of an employers’ organisation; “redundancy” means the loss of employment, 8 The Labour Relations Act, 2007 occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practice commonly known as abolition of office, job or occupation and loss of employment; “registered employers’ organisation” means an employers’ organisation registered or deemed to be a registered employers’ organisation under this Act; “registered office” means the registered head office of a trade union; “registered trade union” means a trade union registered or deemed to be registered as a trade union under this Act; “Registrar” means the Registrar of Trade Unions; “sector” means an industry or service or part of an industry or service; “strike” means the cessation of work by employees acting in combination, or a concerted refusal or a refusal under a common understanding of employees to continue to work for the purpose of compelling their employer or an employers’ organisation of which their employer is a member to accede to any demand in respect of a trade dispute; “trade dispute” means a dispute or difference, or an apprehended dispute or difference, between employers and employees, between employers and trade unions, or between an employers’ organisation and employees or trade unions, concerning any employment matter, and includes disputes regarding the dismissal, suspension or redundancy of employees, allocation of work or the recognition of a trade union; “trade union” means an association of employees 9 The Labour Relations Act, 2007 whose principal purpose is to regulate relations between employees and employers, including any employers’ organisation; “unionisable employee” in relation to any trade union means the employees eligible for membership of that trade union. 3. This Act shall not apply to any person in respect Application. of his employment or service — (a) in the armed forces, or in any reserve force thereof; (b) in the Kenya Police, the Administrative Police Force, the Kenya Prisons Service and the National Youth Service, or in any reserve force or service thereof. PART II  FREEDOM OF ASSOCIATION Employee's right 4.(1) Every employee has the right to - to freedom of association. (a) participate in forming a trade union of federation of trade unions; (b) join a trade union; or (c) leave a trade union. (2) Every member of a trade union has the right, subject to the constitution of that trade union to - (a) participate in its lawful activities; (b) participate in the election of its officials and representatives; (c) stand for election and be eligible for appointment as an officer or official and, if elected or appointed, to hold office; and 10