CHAPTER 366
EMPLOYMENT ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   ORDERS

      The Employment of Children (Exempted Occupations) Order

      The Employment Act (Exemption) Order

   REGULATIONS

      The Employment (Restriction of Employment of Children) Regulations

      The Employment (Care and Welfare) Regulations

      The Employment (Forced Labour) Regulations

      The Employment (Contracts of Service) Regulations

      The Employment (Protection of Wages) Regulations

ORDERS

THE EMPLOYMENT OF CHILDREN (EXEMPTED OCCUPATIONS) ORDER

(Section 76)

G.N. No. 17 of 1957

   1. This Order may be cited as the Employment of Children (Exempted Occupations) Order.

   2. Employment in the occupations specified in the Schedule which form part of any industrial undertaking shall be deemed not to be employment in an industrial undertaking for the purposes of Part VIII of the Employment Act.

   3. Revokes the Employment of Women and Young Persons (Exempted Occupations) Order.

SCHEDULE
LIST OF EXEMPTED OCCUPATIONS

Planting, weeding, and harvesting of crops other than those necessitating climbing trees

Herding livestock

Running messages

The outdoor spreading and sorting of fibre

Pest control not involving the use of chemicals

Grading of seeds and tobacco leaves not involving the use of machinery.

THE EMPLOYMENT ACT (EXEMPTION) ORDER

(Section 1)

G.N. No. 26 of 1961

1.   Citation

   This Order may be cited as the Employment Act (Exemption) Order.

2.   Employment of certain persons to be exempted from certain parts of Cap. 366

   (1) Subject to the provisions of subparagraph (2), the persons and classes of persons listed in the Schedule shall not as employees, be subject to the provisions of Parts IV (with the exception of section 14A V, VI, VII, IX, XI and XII of the Employment Act nor to the provisions of the following Regulations made under the Act–

   (a)   The Employment (Contracts of Service) Regulations;

   (b)   The Employment (Protection of Wages) Regulations;

   (c)   The Employment (Provident Fund) Regulations.

   (2) Nothing in this Order shall be construed as exempting any person from any of the provisions of the Employment Act or regulations made in his capacity as an employer or recruiter.

3.   Revocation

   Revokes the Employment Ordinance (Exemption) Order.

SCHEDULE

   (a)   Any person who is in receipt of wages exceeding eight thousand four hundred shillings per annum or the equivalent monthly rate;

   (b)   any person who is employed by the Government or Public Corporations on pensionable terms, whether on probation or not.

Note. The effect of this Order is to exempt the persons listed in the Schedule in so far as they are employees, from those Parts of the Act and from those Regulations specified in paragraph 2(1). The Order does not have the effect of enabling any person to escape any obligation imposed on him by, or under, the Act in his capacity as an employer or recruiter.

REGULATIONS

THE EMPLOYMENT (RESTRICTION OF EMPLOYMENT OF CHILDREN) REGULATIONS

(Section 95)

G.N. No. 12 of 1957

1.   Citation

   (1) These Regulations may be cited as the Employment (Restriction of Employment of Children) Regulations.

   (2) The expressions used in these Regulations shall have the meanings respectively assigned to them in the Employment Act.

2.   Restrictions of employment of children

   (1) It shall be a condition of the employment of any child whose employment is permitted under the provisions of the Employment Act, that–

   (a)   the child shall not be permitted to carry any load weighing more than 20 kilograms provided always that a labour officer or medical officer shall have the power to reduce the weight so permitted in the case of any child if, in his opinion, the physical condition of such child and the circumstances of his employment render this desirable;

   (b)   the child shall not be required to work for more than three consecutive hours, nor shall he be permitted to work for more than six hours during any period of twenty-four hours;

   (c)   the child shall not be employed between the hours of six o'clock in the evening and six o'clock in the morning;

   (d)   the child shall not be permitted to enter any room or shed containing machinery; and

   (e)   the child shall not be required to work during any hours of the day in, or for which, he is receiving instruction from or has been enrolled or ordered by a Local Government Authority to enrol as a pupil of any school registered in accordance with the Education Act *.

   (2) Notwithstanding anything in this Regulation, the Labour Commissioner or any labour officer shall have the power by order to prohibit the employment of children in any case where he is satisfied that the conditions of employment of children are unsatisfactory.

3.   Penalty

   Any person who employs any child in a manner which is contrary to the provisions of these Regulations is guilty of an offence, and shall be liable on conviction to a fine not exceeding two thousand shillings and in the case of a third or subsequent offence against the same provision to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

4.   Revocation

   [Revokes the Employment of Children Rules.]

THE EMPLOYMENT (CARE AND WELFARE) REGULATIONS

(Section 104)

G.Ns. Nos.
8 of 1957
86 of 1957

1.   Citation

   These Regulations may be cited as the Employment (Care and Welfare) Regulations.

2.   Interpretation

   The expressions used in these Regulations shall have the meanings respectively ascribed to them in section 2 of the Employment Act (hereinafter referred to as "the Act".

PART I
HOUSING AND SANITATION (regs 3-9)

3.   Housing

   Where the employer is required to provide an employee with housing–

   (a)   such housing shall be a dwelling constructed in accordance with the specifications contained in the First Schedule to these Regulations:

         Provided always that tentage of a pattern approved by the Labour Commissioner may, in special circumstances and subject to the approval of the Labour Commissioner and subject to such conditions and for such maximum period as he may direct, be used for temporary dwelling;

   (b)   an employee having his family living with him shall be provided with at least one living room for the sole use of himself and his family.

4.   Existing dwellings

   The requirements of Regulation 3 that the dwelling shall be constructed in accordance with the specifications contained in the First Schedule hereto shall not apply where the dwelling has not been certified by the proper authority or a medical officer to be of a kind or in a condition which is likely to be injurious to health.

5.   Sites for dwellings

   Every site upon which permanent or semi-permanent dwellings are to be erected shall first be approved by the proper authority.

6.   Uninhabitable dwelling

   When, in the opinion of the proper authority or any medical officer, any dwelling is uninhabitable or, ceases to be habitable or, save in those cases to which regulation 4 applies, fails to comply in any respect with the specifications contained in the First Schedule, the proper authority or such medical officer may direct the employer in writing that the same shall not be used for the housing of employees unless or until the repairs specified in such directions are carried out and thereupon the employer shall carry out the said repairs within a reasonable time to the satisfaction of the proper authority and, if so directed, shall find an alternative dwelling for the said employees:

   Provided that in the case of temporary dwellings, certified by a medical officer or health inspector, to be dangerous to health, the proper authority may direct that such dwellings shall be demolished.

7.   Washing and changing facilities

   Where, any employer employs any employee in any employment which is dirty, offensive or prejudicial to health, the employer shall, when directed by the Labour Commissioner so to do, provide adequate and suitable facilities for washing and, where protective clothing is provided, for the accommodation of clothing not worn during working hours, which facilities and accommodation shall be approved by the proper authority.

8.   Latrines

   (1) Where an employer is required to provide his employees with housing he shall provide adequate latrine accommodation for such employees and members of their families living with them at their dwellings.

   (2) Where the proper authority so requires an employer shall provide adequate latrine accommodation for his employees at the place of their employment.

   (3) Such latrine accommodation shall be provided in accordance with the description set out in the Second Schedule and shall be maintained in a clean and sanitary condition to the satisfaction of the proper authority.

9.   Refuse

   An employer shall ensure that the area of any place of employment set aside to accommodate his employees and their families is kept in a clean and sanitary state and that domestic refuse is every day either burnt or buried under not less than nine inches of soil or disposed of by such other method as may be approved by the proper authority in an area approved for this purpose by the proper authority or a medical officer, and he shall maintain such areas in a clean and sanitary condition to the satisfaction of the proper authority.

PART II
FEEDING (regs 10-17)

10.   Feeding of employees

   Subject to the provisions of regulation 11 of these Regulations, where an employer is required to provide rations in accordance with the provisions of subsections (1) or 2(b) of section 98 of the Act.

   (a)   a male employee over the apparent age of fifteen years shall be entitled to a ration of the description specified in Column 1 and on the scale specified in Column 2 of the Third Schedule to these Regulations;

   (b)   all employees other than male employees over the apparent age of fifteen years shall be entitled to a ration of the description specified in Column 1 and on the scale specified in Column 3 of the Third Schedule to these Regulations; and

   (c)   members of the family of an employee living with him shall be entitled to rations of the description specified in Column 1 of the Third Schedule to these Regulations and on the following scales–

      (i)   adults over the apparent age of fifteen years, the scale specified in Column 4; and

      (ii)   children under the apparent age of fifteen years, the scale specified in Column 5 of the Third Schedule to these Regulations:

   Provided that the employer may in place of any item or alternative item specified in the Third Schedule to these Regulations supply such other food stuffs and in such quantities as the proper authority may in writing approve.

11.   Alternative arrangements

   Where the foodstuffs prescribed in the Third Schedule hereto are not reasonably obtainable, an employer who is required to provide rations under the provisions of the Act as shall provide such other foodstuffs and in such quantities as may be required in writing by the proper authority.

12.   Kitchen facilities

   When an employer provides housing for his employees, he shall, unless exempted in writing by the proper authority, make available to his employees adequate kitchen facilities for the preparation of food.

13.   Issue of uncooked food

   When an employer provides for an employee any uncooked food requiring to be cooked before being consumed, the employer shall make available to the employee an adequate supply of fuel, when such fuel is not otherwise available free of cost to the employee.

14.   Issue of cooked food

   When an employer provides for an employee any food which either is cooked or does not require to be cooked before being consumed, the employer shall–

   (a)   provide adequate storage space and kitchen facilities for the preparation and serving of the food;

   (b)   provide adequate staff and supervision for the storage, handling and preparation and serving of the food;

   (c)   ensure that all stores, kitchens and any eating places are maintained in a clean and sanitary state; and

   (d)   ensure that all food is stored, handled, prepared and served with due regard for cleanliness and the prevention of disease.

15.   Condition of food

   (1) The food supplied by an employer to his employees shall be wholesome, sound and otherwise fit for human consumption.

   (2) When such food is supplied cooked, it shall be properly cooked under hygienic conditions.

16.   Storage of food

   All food to be supplied by an employer to his employees shall be stored prior to preparation or issue under such conditions and in such manner as to prevent its infestation by insects, rats or other vermin.

17.   Slaughter of domestic animals

   Where an employer slaughters or contracts to have slaughtered any domestic animals on the property of the employer for the supply of meat to his employees, the employer shall be responsible for ensuring that adequate facilities are provided for the slaughter of such animals and for the disposal of waste products.

PART III
MEDICAL CARE (regs 18-24)

18.   Duty of employer to provide medicines

   Every employer shall keep available, and ready for immediate use the First Aid equipment specified in Part A of the Fourth Schedule and the drugs and dressings specified in Part B of the Fourth Schedule and shall keep and maintain the said First Aid equipment and drugs and dressings in good order and condition and in accordance with directions in the said Schedule:

   Provided that, where less than as ten employees are employed by an employer at one place of employment, the provisions of this regulation shall not apply to such employer unless the proper authority acting on the advice of the Director of Medical Services, by notice in writing to such employer directs that the same shall apply; and

   Provided also that the proper authority acting upon the advice of the Director of Medical Services by notice in writing to any employer, any direct and specify that First Aid equipment, drugs, dressings or other equipment in addition to those in Parts A and B of the Fourth Schedule be made available by such employer in any case where in the opinion of the proper authority a special occupational hazard exists in the nature of the employment.

19.   Exemptions

   Notwithstanding the provisions of regulation 18, no employer whose place of employment is situated within the area of a municipality or township, or who with the prior written consent of the proper authority makes use of medical outpatient facilities provided by the Government or Local Government Authority, mission or medical practitioner, shall be required to keep the drugs and dressings specified in Part B of the Fourth Schedule unless the Director of Medical Services is satisfied that there exists an occupational hazard in the nature of the employment and by notice in writing requires the employer to provide all or any of the facilities, drugs, dressings or equipment specified in Parts B and C of the Fourth Schedule.

20.   Duty of employer to provide medical attention

   Where an employer who is required to keep the drugs, dressings, and equipment set out in the Fourth Schedule has reasonable cause for believing that any employee employed by him who resides on the employers property or the wife or child of such employee residing with him is suffering from any hurt or ailment, he shall with the consent of such employee or his wife administer or apply or cause to be administered or applied to such person any of the said drugs, dressings and equipment as may be suitable.

21.   Duty of employer to obtain medical attendance or hospital treatment

   Where an employer has reasonable cause for believing that any employee employed by him who resides on the employer's property or the wife or child of such employee residing with him is suffering from any serious hurt or ailment he shall take all reasonable measures to obtain skilled medical aid for such person without undue delay and if required to do so by the Labour Commissioner or any Labour Officer or Medical Officer, or in case of danger to life or serious illness, he shall transport the said person as soon as possible to the nearest hospital where such skilled medical attendance is available.

22.   Duty of employer to provide out-patient and in-patient facilities

   (1) Every employer who employs at any one time one hundred or more employees at any one place of employment or two or more places of employment so situated that the Labour Commissioner has directed that they should be regarded for this purpose as one place of employment, shall when directed so to do in writing by the proper authority, provide and maintain such staff, accommodation and other facilities for the treatment of outpatients or inpatients or both as may be required by the Director of Medical Services.

   (2) Where an employer is directed to provide facilities for the treatment of outpatients, such facilities shall include the provision of a dispensary which shall contain as a minimum the outpatients equipment specified in Part C of the Fourth Schedule to these Regulations in addition to such First Aid equipment, drugs, dressings and other equipment as are specified in Parts A and B of the Fourth Schedule.

23.   Duty of employer to make enquiries

   Every employer to whom these regulations apply shall daily visit, or cause to be visited by a responsible person acting on his behalf, every dwelling on the premises of such employer occupied by an employee of such employer and shall make or cause to be made enquiries of every such employee or member of his family found there at the time of such visits for the purpose of ascertaining whether any employee or member of his family is suffering from any hurt or ailment.

24.   Isolation of cases of infectious disease

   The employer shall cause adequate provision to be made for the isolation of all cases of notifiable disease occurring amongst his employees and their families living on the employer's premises.

PART IV
REPATRIATION (regs 25-27)

25.   Certificate of a medical officer required before repatriation

   Where, by reason of ill health or accident, the contract of any employee is terminated, or where an employee is certified under the provisions of section 47 of the Act not to be physically fit for the work contemplated by the contract of service, the employer shall before returning the employee to the place of his engagement obtain from a medical officer or medical practitioner a certificate stating that such employee is in a fit condition to travel.

26.   Employer to provide transport and food

   The employer shall at his own expense provide transport and a sufficient supply of food for the employee's consumption for any period during which the employee is proceeding to and from any place where, for the purposes of the certificate required under regulation 25, he is required to be medically examined.

27.   Employer to to pay expenses for medical examination

   Where an employee, for the purpose of medical examination under regulation 25, has been detained on the instructions of a medical practitioner in any place, the employer shall pay any expenses incurred, in respect of such employee's medical aid for a period not exceeding thirty days in such place:

   Provided that, insofar as the limitation of time to thirty days is concerned, this regulation shall not apply in cases of injury by accident or occupational disease which would entitle the employee to compensation under the terms of the Workers' Compensation Act * or any Act replacing the same.

PART V
GENERAL (regs 28-30)

28.   Employees to comply with lawful orders as to sanitary precautions

   Every employee and any person living with such employee shall obey any lawful order given to him by the proper authority or by his employer for the purpose of securing the observance by such employee of sanitary or health precautions in any dwelling or as to any matter for which such employee is responsible, but the refusal or neglect of any employee to obey such order or orders as shall not of itself exempt the employer from any liability imposed by these regulations.

29.   Penalty

   (1) Any employer who in any matter as to which he is under a liability to do so fails or neglects or refuses in any respect to comply with any provision of these Regulations or of any direction in writing lawfully given hereunder, commits an offence and upon conviction is liable to a fine not exceeding two thousand shillings and, in the case of a third or subsequent offence against the same provision, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one month or to both.

   (2) Any employee or any person living with such employee who refuses or neglects to comply with any lawful order, as provided for in regulation 28, commits an offence and upon conviction is liable to a fine not exceeding three hundred shillings, and in the case of a third or subsequent offence to a fine not exceeding three hundred shillings or to imprisonment for a term not exceeding one month or to both.

30.   Revocation

   [Revokes the Master and Native Servants (Repatriation) Regulations; The Master and Native Servants (Proper Feeding) Regulations; The Master and Native Servants (General Care) Regulations; The Master and Native Servants (Medical Care) Regulations; The Master and Native Servants (Proper Feeding) (Amendment) Regulations 1950 and 1954 and the Master and Native Servants (General Care) (Amendment) Regulations, 1953 and 1954.]

FIRST SCHEDULE
SPECIFICATIONS FOR HOUSING

PART I
ALL TYPES OF HOUSING

   1. (1) Living rooms shall be so arranged that at least two walls shall be external walls; provided that in the case of permanent dwellings this shall not apply in cases where, on application by an employer to the Labour Commissioner, the Labour Commissioner is satisfied that adequate ventilation is assured.

   (2) No more than four living rooms shall be built in a line under one in the case of permanent dwellings, the Labour Commissioner may, subject to such conditions as he may direct as to the occupation of such dwellings, permit more than four living rooms to be built in a line under one roof.

   2. No single room shall accommodate more than four occupants except that in the case of a labour transit centre or post provided for the accommodation of persons in transit to or from places of employment, no room shall accommodate more than twelve occupants.

   3. At least forty square feet of floor space shall be provided for each occupant and no living room shall have less than one hundred square feet of floor space.

   4. Floors shall be raised at least eight inches above the ground level and shall be constructed and maintained with a reasonably smooth surface, free from cracks so as to facilitate cleaning and to prevent the lodgement of vermin.

   5. At least five square feet of window space, in addition to the permanent ventilation referred to in paragraph 6 below and door space, shall be provided in respect of every one hundred square feet of floor space.

   6. Permanent ventilation shall be provided high up on the walls and shall be in the ratio of at least five square feet for every one hundred square feet of floor space unless for climatic reasons this ratio is varied by written permission of the Labour Commissioner.

   7. Every external door opening in a living room shall be provided with a weather-proof door properly fitted and hung and so maintained, and every window opening shall be protected against ingress and shall be weather-proof to the satisfaction of the proper authority.

   8. Stormwater drains, adequate to carry off surface water and roof drainage, and so constructed as to prevent damage by erosion to houses, shall be provided where necessary.

   9. Unless exempted in writing by the proper authority, no dwelling erected after the commencement of these Regulations shall be constructed with non-insulated metal walls.

PART II
PERMANENT DWELLINGS

   10. Walls shall have a minimum height of seven feet measured from the floor to the top of the wall plate and shall have a surface free from cracks or crevices and shall be so maintained.

   11. The roof shall be weather-proof and constructed of non-inflammable material.

   12. Every dwelling shall be separated from the next dwelling by a distance not less than the distance between the ground level and the apex of the roof of the dwelling concerned or a distance of fifteen feet, whichever is the greater.

PART III
SEMI-PERMANENT DWELLINGS

   13. Walls shall have a minimum height of seven feet measured from the floor to the top of the wall plate and shall have a surface free from cracks or crevices and shall be so maintained.

   14. Every dwelling shall be not less than fifteen feet apart.

   15. The roof shall be weather-proof and if constructed of thatch shall have a minimum pitch of 45 degrees.

PART IV
TEMPORARY DWELLINGS

   (This type includes dwellings the walls of which are constructed of grass, palm leaf, papyrus (reed), mud and wattle or similar materials.)

   16. (1) Walls shall have a minimum height of six feet, except in the case of beehive-shaped houses, and shall be constructed and maintained to the satisfaction of the proper authority.

   (2) Beehive-shaped houses shall have a minimum inside diameter of twelve feet and the centre pole shall extend to at least eight feet above floor level.

   17. The provisions of paragraph 14 shall apply.

   18. The roof shall be weatherproof and if constructed of thatch shall have a minimum pitch of 45 degrees.

SECOND SCHEDULE
SPECIFICATIONS FOR LATRINES

   1. Latrines of a design approved by a medical officer in writing shall be provided for the safe and nuisance-free disposal of excreta.

   2. (1) Not less than one latrine stance shall be provided for every fifteen persons except when the method of disposal is by a septic tank type of latrine, in which case not less than one stance shall be provided for every ten persons.

   (2) A septic tank type of latrine means a non-flush water-borne aqua privy.

   3. (1) When a multiple stance latrine or block of latrines is shared by more than one family the accommodation provided for the women and children shall be separate from that provided for the men and shall have a separate entrance.

   (2) Such a latrine or block of latrines shall be cited not less than fifteen yards from the nearest walling or kitchen.

   4. Single stance latrines not of the flush tube for the use of one dwelling shall be cited not less than five yards from the nearest dwelling.

   5. No latrine shall be more than sixty yards from the dwelling of any person for whom it is provided.

   6. A latrine shall be so constructed as to ensure privacy to the user and to exclude direct skylight from the stance opening and shall be weatherproof; and the floor shall be of impervious material and shall be raised at least eight inches above the ground level.

   7. Concrete stances or stances of other approved impervious material and close fitting covers shall be provided.

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