Employment law as it stands today regulates employer/employee rights, duties and privileges, though a complex network of statutes. CR Advocates can offer strategic advice on all types of employment and labour related issues and disputes, across a wide variety of industries in both private and public sectors. Provision of advice/opinions and interpretations based on these statues is an essential function of our Labour and Employment Law Group. Our employment and labour lawyers are known for their dexterity and business-savvy advisory and counselling skills and, when necessary, their results-driven dispute resolution techniques. Employment & labour legal services in Kenya is an on-going concern. Related laws are governed by the Kenya Labour employment Act 2007, which governs the relationship between employers and employees and provides for the minimum conditions of employment. Our firm offers representation to both employers and employees in matters before the Industrial Court concerning employment disputes. We also provide legal advice to various corporate entities on the entire spectrum of employment and labour related issues such as employee contracts, executive compensation and employee benefit plans. We also give advisory opinions to employers when hiring staff or entering into contracts with third parties, as well as provide regular updates to clients on any legal developments in the area of employment and labour relations law in Kenya. CR Advocates LLP has access to a legal advisor who, together with our dedicated knowledge centre and our legal services, provide comprehensive advice on interpretation of employment legislation, best practice and human resource management and industrial relations issues.
Our Labour Laws in Kenya
CR Advocates LLP understands the Employment and Labour Relations laws of Kenya and the rights, obligations, duties, and responsibilities of the employer and the employee. We can advise and engage either the employer or the employee on any employment and labour matters. Related laws are governed by the Kenya Labour. Our attorneys have significant experience in dealing with issues arising out of strikes, lockouts, retrenchments, lay-offs, closure of establishments, acquisitions, mergers, disciplinary and non- disciplinary termination / dismissal of occupational health and safety, collective bargaining, legal audits, legislative advice, drafting of employment contracts, dispute resolution. We also act as the local point of contact/agents for foreign law firms on specific assignments pertaining to labour and employment. For example, in instances where there is no local representation. This is in conformity to the demands of International Labour standards as well as local demands from enlightened employees seeking to have their rights maintained. Our Advocates have excelled in representing both individual and corporate clients and ensuring their rights are respected and upheld. We have extensive experience in labour law matters and represent various clients, ranging from large commercial corporations to medium to small organisations, or individuals. We are able to provide advice pertaining to workers’ compensation, employee benefits, discrimination and other advice relating to termination of employment and gratuity. Our team has successfully represented clients in the Employment and Labour Relations Courts (previously Industrial courts) and arbitration proceedings on various complex disputes relating to termination of employment, employee redundancy claims and so on.Employment and Labour Relations Court Act
It establishes the Employment and Labour Relations Court. It gives it exclusive original and appellate jurisdiction to hear and determine all disputes relating to employment and labour relations. It provides for the registration, regulation and management of trade unions, employer organizations or federations. It promotes and protects freedom of association of employees and employers.Our law firm offers the following services in relation to labour and employment in Kenya.
Our employment lawyers will take the time to understand your scenario and offer creative, commercial found and clear, thorough advice. The employment issues we can assist with includes:
• Executive’s appointment or termination.
• Resolution or management of disputes.
• Advisory or retirement and pension fund issues.
• Drafting agreements and contracts of employees and drafting procedures and policies.
• Dispute resolution along with arbitration, proceedings and hearings, arbitration, and many other things.
• Employee Salary and Benefits/Stock Option Plan.
• Labour Compliance.
• Migration, Emigration/Work Permit of Employees.
• Country-specific employment relations.
• Labour tribunal.
• Negotiation with the labour union/ employer or employee representatives.
• Human resources advice and counselling;
• Taxation on gain and profits from employment.
• Statutory compliance for employers;
• Tax reconciliations for expatriates;
• Review of employment contracts for tax planning purposes and identification of tax exposures;
• Handling tax audits on employment taxes;
• Strategic HR planning (including Dismissals, grievance procedures and performance management.
• Wrongful and unfair termination as well as constructive dismissal;
• Executive employment and severance agreement;
• Contract, labour agreements, HR policies and collective bargaining agreements;
• Occupational health and safety;
• Workers compensation/ work injury benefits;
• Business sales and acquisitions, and corporate restructuring;
• Broadroom disputes;
• IP protection and litigation;
• Privacy and cyber-security;
• Internal corporate investigations;
• Restraint of trade or non-compete agreements;
• Employee raiding/poaching;
• Non-solicitation agreements;
• Data protection and confidentiality agreements;
• Dispute resolution (including litigation, arbitration and mediation);
• Pay and benefits (including retirement benefits, ESOPs and other stock options);
• Pension schemes; and
• International employment law
Employment law Advice
Employment law is a changeable field. Any employment law breach, inadvertent or otherwise, can be draining on your business, both financially and operationally, given the management time often required to rectify these issues.
Our expertise and knowledge ensure that you are up to date with the latest legislation by reviewing or creating your essential staffing contracts, staff handbook, policies and procedures and providing tailored employment law advice where needed. With the law regularly changing and new employment cases being decided daily, we produce a monthly e-bulletin which will keep you updated with any significant changes or milestone decisions.
