Related documents
- Is amended by 24th Annual Supplement
- Is amended by Accountants Act
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018
LAWS OF KENYA
LABOUR RELATIONS ACT
CAP. 233
- Published in Kenya Gazette Vol. CIX—No. 81 on 9 November 2007
- Assented to on 22 October 2007
- Commenced on 26 October 2007
- [Amended by Accountants Act (Cap. 531) on 30 December 2008]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Labour Relations Act.2. Interpretation
In this Act, unless the context otherwise requires—"authorised representative" means—3. Application
This Act shall not apply to any person in respect of his employment or service—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’ organisations and federations
Every trade union, employers’ organisation or federation has the right to—9. Provision may not be varied by agreement
A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid, unless the contractual provision is expressly permitted by this Act.10. Disputes under Part
If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writing—11. Burden of proof
In any proceedings under this Act—Part III – ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS
12. Establishment of a trade union or employers’ organisation
13. Application to register a trade union or employers’ organisation
A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12.14. Requirements for registering a trade union
15. Requirements for registering employers’ organisation
16. Requirements for registering federation of trade unions
The requirements for registration as federation of trade unions are—17. Requirements for registering a federation of employers
The requirements for registration of a federation of employers are—18. Application for registration
19. Registration of trade unions, employers’ organisation or federation
20. Refusal to register a trade union, employers’ organisation or federation
If the Registrar is not satisfied that a trade union, employers’ organisation or federation meets the requirements for registration and refuses the application for registration, the Registrar shall advise the trade union, employers’ organisation or federation of the reasons for that refusal in Form D set out in the Second Schedule.21. Effect of registration
A trade union, employers’ organisation or federation shall be registered as a body corporate—22. Objects in restraint of trade not unlawful
A registered trade union, employers’ organisation or federation is not an association in restraint of trade and its objects may not, by reason only that they are in restraint of trade—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 of trade union, employers’ organisation or federation
28. Cancellation or suspension of registration
29. Notice of dissolution
30. Appeals against decision of Registrar
Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Employment and Labour Relations Court against that decision within thirty days of the decision.Part IV – OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS
31. Officials
32. Membership of minors
An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member of—33. Voting members of trade union
No person shall be a voting member of—34. Election of officials
35. Notification of officials
Part V – PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS
36. Trustees
37. Property to be vested in trustees
38. Devolution of property
Upon any change in the office of any trustee, the property of a registered trade union, employers’ organisation or federation shall vest in the trustees for the time being of the union for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts, without any transfer, conveyance or assignment.39. Application of funds
Subject to its rules and the provisions of this Act, the funds of a trade union, employers’ organisation or federation may be used only for the following purposes—40. Prohibition of payment of fines or penalties
The funds of a trade union, employers’ organisation or federation shall not be used, either directly or indirectly, to pay the whole or part of a fine or penalty imposed upon a person by sentence or order of any court, except a fine or penalty imposed upon the union or federation under this Act or its regulations.41. Injunction to restrain misuse of funds
42. Treasurer to render accounts
43. Annual returns
44. Inspection of accounts and records
The accounts of a trade union, employers’ organisation or federation and a list of its members shall be open to inspection by—45. Obstructing inspection by Registrar
A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employers’ organisation or federation or the list of its members commits an offence.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’ ORGANISATION FEES
48. Deduction of trade union dues
49. Deduction of agency fees from unionisable employees covered by collective agreements
50. General provisions applicable to deductions
51. Collection of levies other than trade union dues
The Cabinet Secretary may make regulations providing for the collection from employees and the payment to trade unions and trade union federations by employers of sums in respect of levies, subscriptions or payments, other than trade union dues, for particular purposes or objects approved by the Cabinet Secretary.52. Direct payment of trade union dues
Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union.53. Payments by members to employers’ organisations
An employers’ organisation may provide in its constitution for its members to—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 Cabinet Secretary
63. Respondent may file replying statement
64. Interested party may file statement of interest
Any party which has an interest in any dispute may file a statement with the Cabinet Secretary within fourteen days of receiving a copy of the referral.65. Cabinet Secretary 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
A trade dispute is deemed to be unresolved after conciliation if the—70. Cabinet Secretary may appoint conciliator in public interest
71. Committee of inquiry
The Cabinet Secretary may appoint a committee of inquiry to investigate any trade dispute and report to the Cabinet Secretary.72. Exercise of powers of the Cabinet Secretary
The Cabinet Secretary may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.Part IX – ADJUDICATION OF DISPUTES
73. Referral of dispute to Industrial Court
74. Urgent referrals to Employment and Labour Relations Court
A trade union may refer a dispute to the Employment and Labour Relations Court as a matter of urgency if the dispute concerns—75. Arbitration Act does not to apply
The Arbitration Act (Cap. 49) shall not apply to any proceedings before the Employment and Labour Relations Court.Part X – STRIKES AND LOCK-OUTS
76. Protected strikes and lock-outs
A person may participate in a strike or lock-out if—77. Powers of Employment and Labour Relations Court
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 – MISCELLANEOUS PROVISIONS
82. General penalty
83. Regulations
The Cabinet Secretary may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.84. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
18 January 2019
30 December 2008
Amended by
Accountants Act
Read this version
09 November 2007
26 October 2007
Commenced
22 October 2007
Assented to
Cited documents 3
Act 3
1. | Arbitration Act | 993 citations |
2. | Accountants Act | 53 citations |
3. | Trustees (Perpetual Succession) Act | 39 citations |
Documents citing this one 1252
Judgment 1029
Gazette 209
Bench Bulletin 7
Bill 3
1. | Statute Law (Miscellaneous Amendments) Bill, 2018 | |
2. | The Finance Bill, 2020 | |
3. | The Pandemic Response and Management Bill, 2020 |
Legal Notice 3
1. | The Employment and Labour Relations Court (Procedure) Rules | 3 citations |
2. | The Industrial Court (Procedure) Rules | |
3. | The Labour Relations (Accounts) Regulations |
Act 1
1. | Accountants Act | 53 citations |