肯尼亚劳动法要点.docx

参照依据： The Employment Act 20071. 招聘1.1 试用期 1.1.1 签订试用期合同1.1.2 试用期时间：最长不能超过六个月，若任要延长需与雇员签订协议，可延长最多不超过六个月。1.1.3 试用期间合同的终止： 任何一方在试用期间可若需终止合同可向对方发出不少于7天的合同终止通知或赔付与七天工资相等的金额。详见就业法：第42条 Termination of probationary contracts.（2）A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with the agreement of the employee. (3) No employ shall employ an employee under a probationary contract for more than the aggregate period provided under subsection (2). (4) A party to a contract for a probationary period may terminate the contract by giving not less than seven days notice of termination of the contract, or by payment, by the employee, of seven days wages in lieu of notice. 1.2 临时工： 1.2.1 合同最短为一天，连续工作6个月后，若双方同意可在进行6个月适用。1.2.2 临时工在连续工作六天后应享有一天的带薪休假且任何公共假日和带薪休假都将算为连续工作的一部分。 详见就业法： 第37条 Conversion of casual employment to term contract. (2) A causal employee shall be deemed to be entitled to one paid rest day after a continuous six days working period and such rest day or any public holiday which falls during the period under consideration shall be counted as part of continuous working days.2. 雇佣期： 2.1 年假： 雇员在连续工作了12个月后可享受不少于21个工作日的带薪休假。或雇员连续工作两个月后可享受每个月不少于1.75天的带薪休假。年假可连休21个工作日也可分期休假。 详见：第28条 Annual leave(1) An employee shall be entitled-(a) after every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay;(b) where employment is terminated after the completion of two or more consecutive months of service during any twelve months leave-earning period, to not less than one and three-quarter days of leave with full day, in respect of each completed month of service in that period, to be taken consecutively. 2.2 病假： 雇员连续工作两个月后可享受不少于7天的带薪病假。在下一个7天中可享受半带薪休假。(需提供请假条) 详见：第30条 Sick Leave(1) After two consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service, subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioners behalf in charge of a dispensary or medical aid centre.3. 解除合同 3.1 公司应无法提供职位而导致的裁员 解聘程序：1. 按月发工资的员工 提前一个月发NOTICE 半月发一次工资的员工 提前半月发NOTICE 以此类推。 2. 每满一年员工应享受不少于21个工作日的年假，若没休假将获得21个工作日等同的工资。 3. 当月应得工资 4. 雇员每工作满一年获得等同于15个工作日工资的赔偿。 5. 若雇员要求，须出具工作证明。 6. Leave,若已经带薪休假则没有 3.2 应不满意其工作而解聘。 解聘程序：1. 按月发工资的员工 提前一个月发NOTICE 半月发一次工资的员工 提前半月发NOTICE 以此类推。 2. 每满一年员工应享受不少于21个工作日的年假，若没休假将获得21个工作日等同的工资。 3. 当月应得工资 4. 若雇员要求，须出具工作证明。 5. Leave,若已经带薪休假则没有 3.3 即时解除雇佣（Summary Dismissal） 解聘原因： 1. 雇员违反工作职责2. 没有合法原因而旷工。3. 上班时间醉酒或吸毒且无法完成其工作4. 雇员不愿意履行期工作5. 对雇主或任何人使用辱骂语言或不礼貌行为6. 雇员拒绝履行雇主或任何授权人所发出的在其工作范围内的合法指令7. 工作期间有任何违法犯罪且有确凿证据。8. Leave,若已经带薪休假则没有详见：劳动法第44条 Summary Dismissal(1) Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term. (2) Subject to the provisions of this section, no employer has the right to terminate a contract of service without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.(3) Subject to the provisions of this Act, an employer may dismiss an employee summarily when the employee has by his conduct indicated that he has fundamentally breached his obligations arising under the contract of service. (4) Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause, but the enumeration of such matters or the decision of an employer to dismiss an employee summarily under subsection (3) shall not preclude an employer or an employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any other matters not mentioned in this section, constitute justifiable or lawful grounds for the dismissal if: (a) Without leave or other lawful cause, an employee absents himself from the place appointed for the performance of his work; (b) during working hours, by becoming or being intoxicated, an employee renders himself unwilling or incapable to perform his work properly; (c) an employee willfully neglects to perform any work which it was his duty to perform, or if he carelessly and improperly performs any work which from its nature it was his duty, under his contract, to have performed carefully and properly; (d) an employee uses abusive or insulting language, or behaves in a manner insulting, to his employer or to a person placed in authority over him by his employer;(e) an employee knowingly fails, or refuses, to obey a lawful and proper command which it was within the scope of his duty to obey, issued by his employer or a person placed in authority over him by his employer. (f) in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or on bond or otherwise lawfully set at liberty; or (g) in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or on bond or otherwise lawfully set at liberty; or (h) an employee commits, or on reasonable and sufficient grounds is suspected of having commi