The Labour Institutions (Building and Construction Industry) (Wages) Order

Legal Notice 20 of 2013

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The Labour Institutions (Building and Construction Industry) (Wages) Order
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LAWS OF KENYA

LABOUR INSTITUTIONS ACT

THE LABOUR INSTITUTIONS (BUILDING AND CONSTRUCTION INDUSTRY) (WAGES) ORDER

LEGAL NOTICE 20 OF 2013

  • Published in Kenya Gazette Vol. CXV—No. 28 on 22 February 2013
  • Commenced on 22 February 2013
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Labour Institutions (Building and Construction Industry) (Wages) Order.

2. Application

These Regulations shall apply to all persons other than managerial and executive staff employed in an undertaking which carries on for gain of one or more of the following activities—
(a)the construction, structural alteration, maintenance or repair of any building, green house, demolition of any building and the preparation for and laying the foundation or fabrication of any intended building, land scapping; or
(b)the construction of any railway line or siding, and the construction, structural alteration or repair or the demolition of any airfield, dock harbor, wharf, quay, pier, inland navigation works, roads, road tunnel, bridge, viaduct, waterworks, dam, reservoir, pipeline, sewer, sewage works or lattice work structure designed solely for the support of electricity lines; or
(c)electrical installation, lift installation, plumbing installation, painting and decorating works and allied building activities.

3. House allowance

(1)An employee who is not provided with a reasonable free housing accommodation by the employer shall be entitled, in addition to the basic minimum wage to housing allowance as follows—
 AreaKSh.
(a)Nairobi, Mombasa and Kisumu (per month)2,277.00
(b)All municipalities, towns, urban centres and all other areas (per month)1,725.00
(2)In respect of employees who are employed for a period of time less than one calendar month, the daily rate of housing allowance shall be not less than the following rates—
 AreaKSh.
(a)Nairobi, Mombasa and Kisumu (per day)88.00
(b)All municipalities, towns, urban centres and all other areas (per day)66.00
(3)A employee shall not be paid housing allowance of less than twenty per cent of the employee’s rate of wages.

4. Payment of Wages

(1)The basic wage paid to an employee shall not be less than the amount that is specified, in relation to a category of employees and to the area of employment, in the Schedule to these Regulations.
(2)Subject to subsection (1) an employee whose present daily or monthly wage is above wages specified in the Regulation of Wages (Building and Construction Industry) Order, 2004 (now revoked) is entitled to a wage increase of a rate not less than the difference between that present wage and the amount specified in this Order.
(3)The wages shall be paid in arrears and shall become due and payable on or before the first day of the following month and shall be paid in Kenya currency and where an employee is paid daily, weekly or fortnightly, the wages shall be due and payable at the end of the day, end of the week or fortnightly.
(4)In respect of an employee who is employed for a period of less than one calendar month, the wages shall become due and payable on the termination of employment.
(5)The payment of wages shall be done on a working day, during the working hours and at the place of employment and the method or mode of payment of wages shall not in any way prejudice the right of an employee to enjoy any or all fringe benefits stipulated in this Order.
(6)Where an employer pays wages outside working hours, the time spent in paying the wages shall be regarded and paid for as overtime in accordance with provisions of this Order.
(7)The method of conversion of daily rates of wages shall be the monthly wages of the employee divided by twenty-six days.
(8)An employee who is taken by his employer to work in another area shall not be paid less than the basic minimum wage payable in the area where the employer engaged him.
(9)Except watchmen, where an employee is required to work during the night he shall be paid an allowance of five per cent of his basic daily or monthly wage for the night shift.

5. Leave travelling allowance

(1)Where an employee has worked for twelve consecutive months and he is travelling on leave, he shall be entitled to be paid an advance minimum leave travelling allowance of—
(a)two hundred shillings; or
(b)the actual cost of travel by the most reasonable and economical means of travel.
(2)Where the employee continues his service he shall be paid, at the time of returning to work, a sum equivalent to the actual cost of the return journey from his home to the place of work.
(3)Where an employee has been asked by his employer to be paid in lieu of his annual leave, such an employee shall be entitled to leave travelling allowance.

6. Safari allowance

(1)An employee who is required to perform work away from his principal area of employment shall be entitled to be paid subsistence and accommodation allowances as follows—
  KSh.
(a)Breakfast (applicable only to overnight stop)70.00
(b)Lunch (applicable only to overnight stop)110.00
(c)Supper (applicable only to overnight stop and where an employee does not return to his principal area of employment by 8.00 pm)130.00
(d)For an overnight stop in Nairobi, Mombasa and Kisumu an employee shall be entitled to accommodation allowance of350.00
(e)For an overnight stop elsewhere an employee shall be entitled to an accommodation allowance of310.00
(f)For an overnight stop when the employer provides accommodation, the rate will be equivalent to the total amount of (a), (b) and (c) above and as they may be applicable3 10.00
(2)The subsistence and accommodation allowance payable under paragraph (1) shall cease to be payable to an employee after thirty consecutive days of absence on duty from his principal area of employment and thereafter an agreement in respect of additional accommodation and subsistence allowance shall be negotiated between the employer and the employee or the employee’s representative.

7. Acting allowance

Where an employee is required to work in full acting capacity for a period of not less than one month in an occupation or grade for which the minimum wage prescribed in the Schedule is higher than the minimum wage normally earned by the employee, the employee shall be paid acting allowance at the rate not less than the difference between the higher rate and his basic wage.

8. Tools allowance

(1)Machines and tools shall be provided by the employer in an established workshop.
(2)Where the employer does not provide tools, the employee shall be paid a tools allowance if the employee has the tools as specified in the list of the Director of Industrial Training or that the employee has determined to be the necessary tools for the work assigned to the employee, at the following rates—
CategoryKSh. per month
Mechanics221.00
Carpenters, jointers, electricians, plumb152.00
Mason, stone dressers, bricklayers, plasterers, terrazzo paviours, steel fixers, steel erectors, metal workers131.00
Painters, decorators, benders, twisters, asphalters, floor Layers, roofs110.00
(3)In the case of painters, brushes will be provided for by the employer.

9. Transportation

(1)An employer shall provide the employees with reasonable transport from an agreed point to their working place and from their working place to an agreed point.
(2)For the purpose of this section, an agreed point shall be a point agreed upon between the employer and employee’s representatives.

10. Medical allowances

(1)An employee who falls sick and undergoes medical treatment shall be entitled to reimbursement of the expenses incurred in respect of such medical treatment up to fifteen thousand shillings in a period of twelve months.
(2)Subject to subsection (1), an employer shall not reimburse the cost of medical treatment on production of receipts issued by registered medical practitioners.

11. Death in Service

In case of death of an employee, the employer shall pay an amount of not less than twenty thousand shillings towards the funeral expenses.

SCHEDULE

BASIC MINIMUM RATE OF WAGES (PER DAY, PER SHIFT AND PERMONTH) EXLCUSIVE OF HOUSING ALLOWANCE

OccupationNairobi, Mombasa and Kisumu citiesAll Municipalities all towns and urban councils and other areas
l. Labourers416.00411.00
2. Generals tradesmen (artisans):
(Carpenters, joiners, masons, stone dressers, bricklayers, plasterers, electricians, decorators, metal workers, terrazzo paviours, painters, steel fixers, benders and twisters, asphalters, floor layers, sign-writers, glaziers, roofers and Steel erectors, drilling rig operators, pipe fitters, plumbers) learner tradesman (for a maximum of 2%years)502.00492.00
Ungraded tradesman560.00538.00
Grade III trade tested733.00695.00
Grade II trade tested819.00787.00
Grade I trade tested1,012.00973.00
3. Plant Operators  
Greasers502.00497.00
Plant operators (comp. driver), mix driver (bankers), small pheumatic plant operator and jackhammer to one pneumatic jack-hammer weighting 27 kilos and over) driver, 2tons and below462.00459.00
4. Light plant operator
Class I (agricultural tractors, roller dumpers)523.00510.00
Class II (light tracked tractors, D4s etc.)529.00519.00
Heavy plant operators D8 tractors, graders, excavators and over head crane driver, well drillers1014.00971.00
5. Vehicle operators
Driver's mates, greasers and tyre men502.00497.00
Trucks up to 2 tons540.00517.00
Trucks over 2 to 8 tons705.00669.00
Trucks over 8 to 15 tons (load) with or without trailer1012.00973.00
Trucks over 15 to 25 tons (load) with or without trailer1068.001040.00
6. Mechanic and fitters
Greasers502.00497.00
Ungraded559.00538.00
Grade III trade tested734.00695.00
Grade II trade tested818.00787.00
Grade I trade tested1012.00973.00
7. Welders
Learner welder (for a maximum period of 2½ years)502.00497.00
Ungraded559.00538.00
Grade III trade tested34.00695.00
Grade II trade tested818.0087.00
Grade I trade tested1012.00973.00
8. Junior headmen462.00459.00
Senior headmen512.00503.00
9. Miscellaneous
Chainman, laboratory attendants, office messenger, Fuel pump attendant, sea folder, boilman, checker and Sweeper (sanitary)462.00459.00
10. Watchmen (basic minimum wage rates per 10 hours shift)546.00539.00
11. Clerical categories:  
Basic minimum rate per month (exclusive of housing Allowance) Junior clerk and storemen15,606.0015,606.00
Telephone operator, copy typist, general clerk and Storekeeper19,229.0019,229.00
Grade II22,253.0022,253.00
Grade I25,509.0025,509.00
12. Steel fabricators, steel shop/workshop  
Mobile crane drivers618.00618.00
Learner platters479.00479.00
Platters618.00618.00
Learner machine operators479.00479.00
Machine operators570.00570.00
13. Soil laboratory: (Monthly pay)
Laboratory technician19,831.0019,831.00
Soil technician13,477.0013,477.00
Learner surveyor13,477.0013,477.00
Assistant surveyor/leveler19,233.0019,233.00
Surveyor23,640.0023,640.00
14. Draftsmen; (Monthly pay)
Learner draftsmen19,233.0019,233.00
Draftsmen13,477.0013,477.00
Plan tracer23,640.0023,640.00
15. Junior foremen: (Monthly pay)
Labour camp supervisor, security officer and canteen/mess Supervisor23,726.0023,726.00
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History of this document

31 December 2022 this version