The Regulation of Wages (Agricultural Industry) Order, 1982

Legal Notice 121 of 1982

This is the latest version of this Legal Notice.
Citation
Legal Notice 121 of 1982
Primary work
Regulation of Wages and Conditions of Employment Act
Date
31 December 2022
Language
English
Type
Legal Notice
Related documents
LAWS OF KENYA

REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT

THE REGULATION OF WAGES (AGRICULTURAL INDUSTRY) ORDER, 1982

LEGAL NOTICE 121 OF 1982

  • Published in Kenya Gazette Vol. LXXXIV—No. 34 on 20 August 1982
  • Commenced on 1 August 1982
  1. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1985 (Legal Notice 81 of 1985) on 3 May 1985]
  2. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1987 (Legal Notice 123 of 1987) on 1 May 1987]
  3. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1989 (Legal Notice 190 of 1989) on 1 June 1989]
  4. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1990 (Legal Notice 208 of 1990) on 1 June 1990]
  5. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1991 (Legal Notice 207 of 1991) on 1 June 1991]
  6. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1992 (Legal Notice 106 of 1992) on 1 May 1992]
  7. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) (No. 2) Order, 1992 (Legal Notice 453 of 1992) on 1 January 1993]
  8. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1993 (Legal Notice 92 of 1993) on 1 May 1993]
  9. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1994 (Legal Notice 162 of 1994) on 1 May 1994]
  10. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1994 (Legal Notice 184 of 1994) on 17 June 1994]
  11. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1995 (Legal Notice 194 of 1995) on 1 May 1995]
  12. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1996 (Legal Notice 114 of 1996) on 1 May 1996]
  13. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1997 (Legal Notice 345 of 1997) on 1 May 1997]
  14. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1998 (Legal Notice 66 of 1998) on 1 May 1998]
  15. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 1999 (Legal Notice 49 of 1999) on 1 May 1999]
  16. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2000 (Legal Notice 60 of 2000) on 1 May 2000]
  17. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2001 (Legal Notice 86 of 2001) on 1 May 2001]
  18. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2002 (Legal Notice 85 of 2002) on 1 May 2002]
  19. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2003 (Legal Notice 47 of 2003) on 1 May 2003]
  20. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2004 (Legal Notice 35 of 2004) on 1 May 2004]
  21. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2005 (Legal Notice 41 of 2005) on 1 May 2005]
  22. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2006 (Legal Notice 37 of 2006) on 1 May 2006]
  23. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2009 (Legal Notice 69 of 2009) on 1 May 2009]
  24. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2010 (Legal Notice 97 of 2010) on 1 May 2010]
  25. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2011 (Legal Notice 63 of 2011) on 1 May 2011]
  26. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2012 (Legal Notice 70 of 2012) on 1 May 2012]
  27. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2013 (Legal Notice 196 of 2013) on 1 May 2013]
  28. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2015 (Legal Notice 116 of 2015) on 1 May 2015]
  29. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2017 (Legal Notice 111 of 2017) on 1 May 2017]
  30. [Amended by Regulation of Wages (Agricultural Industry) (Amendment) Order, 2018 (Legal Notice 3 of 2019) on 1 May 2018]
  31. [Amended by Labour Institutions Act - Regulation of Wages (Agricultural Industry) (Amendment) Order, 2022 (Legal Notice 134 of 2022) on 1 May 2022]
  32. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This Order may be cited as the Regulation of Wages (Agricultural Industry) Order.

2. Application

This Order shall apply to all agricultural employees (excluding directors and managers) who are employed in an undertaking or part of an undertaking which consists in the carrying on, for gain, of one or more of the following activities—
(a)the cultivation of land and use of land for any purpose of husbandry including horticulture, fruit growing and seed growing;
(b)dairy farming and livestock breeding and keeping;
(c)the use of land as grazing land, meadow land, market gardens or nursery grounds;
(d)the use of land for woodlands when that use is ancillary to the use of land for other agricultural purposes.

3. Basic minimum consolidated wage

No person to whom this Order applies shall be employed at a basic minimum consolidated wage less favourable to him than that which is applicable to him under Part I of the First Schedule having regard to his age and to his occupation as specified therein to be determined by reference to the definitions contained in Part II of that Schedule.

4. Deductions for accommodation provided by the employer

An employer who provides housing accommodation which has been approved by a Medical Officer of Health for the area in which the accommodation is situated may deduct from the wages of any employee in occupation of the accommodation a sum not exceeding thirty shillings.

5. Hours of work

(1)The normal hours of work in respect of stockmen, herdsmen and watchmen shall be sixty hours of work spread over six days of the week.
(2)The normal hours of work in respect of all workers except those specified in subparagraph (1) shall be forty-six hours of work spread over six days of the week.
(3)Every employee shall be entitled to at lease one rest day in every period of seven days.
(4)An employee who is stopped from working by his employer or any reason other than the termination of his employment or dismissal shall be deemed to have worked as if the stoppage had not occurred and be paid in full notwithstanding the fact that the stoppage was occasioned by a breakdown of the plant or inclement weather conditions.

6. Overtime

Every employee who works for any time in excess of the normal hours of work per week as specified in paragraph 5 shall be paid for the overtime thereby worked at the following rates—
(a)one and a half times the basic hourly rate in respect of any time worked in excess of the normal hours of work; and
(b)twice the basic hourly rate in respect of any time worked on a rest day.

7. Holidays with pay

(1)The days specified in the Second Schedule shall be holidays with full pay.
(2)Where an employee, other than a stockman, herdsman or watchman, is required to work on a day which by virtue of subparagraph (1) is a holiday with full pay he shall be paid in respect of any overtime so worked at twice the basic hourly rate.
(3)Stockmen, herdsmen and watchmen shall be paid for any time worked on a day which by virtue of subparagraph (1) is a holiday with full pay at one and one-half times the basic hourly rate.

8. Leave with full pay

(1)Every employee shall be entitled—
(a)to not less than twenty-one working days’ leave with full pay after every twelve consecutive months of service with his employer; or
(b)where the 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’ leave with full pay in respect of each completed month of service in such period.
(2)Notwithstanding the provisions of subparagraph (1), an employer and his employee may agree on the dates on which leave may be taken; and in the event of an employee being required to work for a whole calendar year without leave, he shall be paid his normal wages plus an extra sum calculated on the basis of his daily wages in respect of leave due to him.
(3)The leave referred to in subparagraph (1) shall be additional to all public holidays, weekly rest days and any sick leave taken by an employee in accordance with paragraph (10).

9. Compassionate leave

(1)An employee may, at the discretion of the employer, be granted compassionate leave.
(2)Compassionate leave shall not be unreasonably refused and may, by prior arrangement by the employee with the employer, be treated as paid leave and subsequently set off against the employee’s annual leave.

10. Sick leave

(1)After one month’s continuous service with an employer an employee shall be entitled to sick leave with full pay up to a maximum period of thirty days, and thereafter to sick leave with half pay up to a maximum period of thirty days, in each period of twelve months’ continuous service.
(2)An employee claiming to be entitled to sick leave under subparagraph (1) shall produce a certificate of incapacity signed by a medical practitioner, or a person acting on his behalf, in charge of a dispensary or a health centre covering the period for which the sick leave is claimed.
(3)An employee shall not be entitled to sick leave where the incapacity is due to gross neglect on his part.
(4)An employee’s absence from duty on account of illness shall not be a reason for his dismissal.

11. Maternity leave

Female employees shall be entitled to two months’ maternity leave with full pay:Provided that—
(i)a female employee who has taken two months’ maternity leave shall forfeit her annual leave in that year;
(ii)a female employee on maternity leave shall not incur any loss of privileges by reason of her being on such leave.

12. Safari allowance

An employee who is required to perform work away from his principal place of employment shall be entitled to be paid safari allowance as follows—
  Sh.Cts.
(a)for any period not exceeding his normal daily hours of work700
(b)for any period exceeding his normal daily hours of work including an overnight stop in the Nairobi area or Mombasa Municipality5000
(c)for any period exceeding his normal daily hours of work and including an overnight stop elsewhere4000

13. Refund of fare

Where an employee proceeds on annual leave he shall be entitled to a refund by the employer of the bus fare or third-class rail fare to and from his home in respect of himself and his wife; except that an employee shall not qualify for a refund under this paragraph unless he produces receipts to indicate that the fares in respect of which a refund is sought have been paid.

14. Acting appointments

Where an employee is required to act in a grade higher than that in which he is normally employed, he shall work at his normal rate of pay for the first ten days and thereafter at the basic minimum wage for that higher grade, and shall also be entitled to any other benefits or privileges attached to that higher grade.

15. Redundancy

(1)It shall be a condition in every contract that where the employment of an employee is to be terminated on account of redundancy the following principles shall apply—
(a)the employee’s union shall be informed of the reasons for and the extent of the intended redundancy;
(b)the employer shall have due regard to the seniority in time and to the skill, ability and reliability of each employee belonging to the particular category of employees affected by the redundancy;
(c)the redundant employee shall be entitled to one month’s notice or one month’s wages in lieu of notice;
(d)an employee declared redundant shall be entitled to fifteen days’ pay for each completed year of service as an ex gratia payment.
(2)An employee declared redundant shall be allowed to stay on the farm up to a maximum period of three months from the date of notice and in the case of transfer of ownership of the farm the grace period of three months shall not apply but instead the employee shall, if so required, vacate the farm within a period of thirty days from the date of notice.
(3)Notwithstanding anything contained in subparagraph (2) payment of benefits under this paragraph shall only be made after the employee has left the farm if required to do so.[L.N. 184/1994, r. 2.]

16. Severance pay

(1)An employee shall be entitled to seven days’ pay for every completed year of service if his services are terminated by the employee otherwise than for gross misconduct, except that—
(a)the qualifying period for any entitlement under this paragraph shall be seven years’ continuous service;
(b)the payment of benefits under this paragraph shall only be for services rendered up to the 1st July, 1966.
(2)Notwithstanding anything contained in subparagraph (1) payment of benefits under this paragraph shall only be made after the employee has left the farm if required to do so.

17. Cultivation of plots

Where an employee is permitted to cultivate a piece of land for his personal use on his employer’s property a deduction of a sum not exceeding five shillings per month for each one-half acre of land so cultivate may be made from the employee’s wages.

18. Procedure in case of misconduct not warranting dismissal

(1)An employee whose work or conduct is unsatisfactory or who is otherwise in breach of contract which in the opinion of the employer does not warrant dismissal shall be warned in writing and the following procedure shall apply—
(a)the first and second warnings shall be entered in the employee’s employment record and the shop steward of his union shall be informed accordingly;
(b)the second warning shall be copied to the branch secretary of the union;
(c)if an employee who has already received two warnings commits a third breach of contract he shall be liable to summary dismissal.
(2)Where an employee completes two hundred and ninety-two working days from the date of the second warning without further unsatisfactory work or conduct or breach of contract any warning entered in his employment record shall be cancelled.

19. Termination of employment

(1)Every contract of employment shall be terminated in the following manner—
(a)in the case of an employee who has completed more than five years’ continuous service with the employer, forty-five days’ notice shall be given by either party in writing or otherwise by the payment by either party, in lieu of notice, of not less than thirty days’ wage;
(b)in the case of an employee who has completed the probationary period and up to five years’ continuous service with an employer, thirty days’ notice shall be given by either party in writing or otherwise by the payment by either party, in lieu of notice, of not less than thirty days’ wages.
(2)Notwithstanding the provisions of subparagraph (1) the first two months with an employer may be treated as a probationary period and during that period the contract may be terminated by either party giving twenty-four hours’ notice.
(3)Nothing in this paragraph shall prejudice the right of either party to terminate a contract summarily for lawful cause.

20. Revocation of L.N. 73/1980

The Regulation of Wages (Agricultural Industry) Order, 1980 is revoked.

FIRST SCHEDULE

[L.N. 81/1985, r. 2, L.N. 123/1987, r. 2, L.N. 190/1989, r. 2, L.N. 208/1990, r. 2, L.N. 207/1991, r. 2, L.N. 106/1992, r. 2, L.N. 453/1992, r. 2, L.N. 92/1993, r. 2, L.N. 162/1994, r. 2, L.N. 194/1995, r. 2, L.N. 114/1996, r. 2, L.N. 345/1997, r. 2, L.N. 66/1998, r. 2, L.N. 49/1999, r. 2, Corr. No. 37/1999, L.N. 60/2000, r. 2, L.N. 86/2001, r. 2, L.N. 85/2002, r. 2, L.N. 47/2003, r. 2, Corr. No. 63/2003, L.N. 35/2004, r. 2, L.N. 41/2005, r. 2, L.N. 37/2006, r. 2, L.N. 97/2010, r. 2, L.N. 63/2011, r. 2, L.N. 70/2012, r. 2, L.N. 196/2013, r. 2, L.N. 116/2015, L.N. 111/2017, L.N. 3/2019, L.N. 134/2022]

PART 1

BASIC MINIMUM CONSOLIDATED WAGES

 OccupationPer monthPer day
1Unskilled employee7544 .65316 .85
2Stockman, herdsman, watchman8713.00369.00
Skilled and semi-skilled employees
3House servant or cook8612.65327.95
4Farm foreman13610.65575.15
5Farm foreman13610.65575.15
6Senior foreman8811.00374.65
7Farm artisan9017.60383.40
8Tractor driver9562.554016.15
9Combine harvester driver10534.55447.00
10Lorry driver ir car driver11055.35468.60

PART II – DEFINITIONS

In this Schedule—“combine harvester driver” means a person who can fulfil the requirements of a tractor driver and who is also able to operate a self-propelled combine harvester;“farm artisan” means a person who is capable of carrying out the elementary tasks of either masonry, plumbing, carpentry or vehicle mechanics associated with work on a farm with a reasonable proficiency, but does not include employees erecting ordinary fencing on farms;“farm clerk” means a person who is employed full time in the farm office and who is capable of keeping farm records and of maintaining accurately books of account; and to qualify for the minimum wage as a farm clerk the employee must be in possession of a certificate to the effect that he has passed the Certificate of Primary Education examination and gained not less than fifteen points;“farm foreman” means a person who is in overall control of all labour on a farm or, in the case of larger farms a person who is in overall control of one section of the farm’s activities but in either event a farm foreman shall be required to be sufficiently trained and experienced in his job so as to be left in complete charge for limited periods;“lorry driver or car driver” means a person employed as either a driver of a loadcarrying vehicle or of a car and who is in possession of a current driving licence for the class of vehicle concerned;“section foreman” means a person to whom supervisory responsibilities have been delegated (as opposed to a foreman commonly known as a “Nyapara” whose normal task is only to supervise the work of a limited number of unskilled workers in the field) and includes a senior pigman or senior poultryman who is in charge of a substantial number of livestock and who has under him one or more labourers;“tractor driver” means a person who has completed six months as a learner driver and has satisfied his employer that he is able to take complete charge of a tractor and operate it and all implements associated with it so as to complete a given task in the field without supervision; and includes an employee in charge of a harvester which is not self-propelled but which is drawn by a tractor.

SECOND SCHEDULE [r. 7]

HOLIDAYS WITH FULL PAY

 New Year's Day.Idd-ul-Fitr Day.
 Good Friday.Independence Day.
 Easter Monday.Christmas Day.
 Labour Day.Boxing Day.
 Madaraka Day.Moi Day.
 Kenyatta Day. 
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20 August 1982
Published in Kenya Gazette 34
01 August 1982
Commenced