LPL 400: Labour Law in Kenya

This set of vocabulary flashcards covers the historical development, key legal definitions, statutory frameworks, and constitutional provisions of Labour Law in Kenya.

Labour Law

The varied body of law applied to matters such as employment, remuneration, conditions of work, trade unions, and industrial relations.

Stare decisis

A Latin term which means "the decision stands."

Common Law

A branch of the law of England developed from customs, usages, and practices of the English people.

Judicial Precedent

An earlier decision of a Court used as a source of law.

Code of Hammurabi

A collection of Babylonian laws from the $18^{th}$ century BCE containing $282$ case laws including economic and civil provisions.

Manu-smriti

The Hindu Laws of Manu (c. $100$ CE) identifying labour standards and rules for labour-management relations.

Laws of the Indies

Laws promulgated by Spain in the $17^{th}$ century for its New World territories in Latin America.

Guild

An association of craftsmen or merchants formed for mutual aid, protection, and furtherance of professional interests, flourishing in Europe between the $11^{th}$ and $16^{th}$ centuries.

British Health and Morals of Apprentices Act (1802)

The first landmark of modern Labour Law, sponsored by elder Sir Robert Peel.

Master and Servant Legislation (1906)

The first labour legislation in East Africa, where a breach by the employer resulted in a civil suit, but a breach by the employee resulted in a criminal suit.

International Labour Organization (ILO)

An organization established in $1919$ as part of the Paris Peace Treaty to set labour standards.

Declaration of Philadelphia (1944)

A declaration where the United States and Great Britain agreed to align their labour laws to conform to ILO standards, raising concerns on social issues in colonies.

Protective Labour Code (1946)

An enactment by the colonial government in Nairobi aimed at reforming how settlers treated African workers.

Makhan Singh

A trade unionist leader who formed the first trade union in Kenya, the Labour Trade Union of Kenya (LTUK), in $1935$, and later demanded political independence.

James Patrick

The first Trade Union Labour Officer in Kenya, appointed in $1947$.

Industrial Relations Charter (1962)

A tripartite arrangement between the Kenya government, the Federation of Kenya Employers, and the Kenya Federation of Labour committing parties to collective bargaining and peaceful dispute settlement.

Teleworking

The practice of working from home using modern technology and telecommunications to remain in touch with an employer or business.

Collective Agreement

A registered agreement concerning terms and conditions of employment made in writing between a trade union and an employer, group of employers, or employers' organization.

Contract of Service

An agreement, oral or in writing, to employ or serve as an employee for a period of time, establishing an employer-employee relationship.

Contract for Service

A relationship where a person provides services to clients as an independent contractor, typically organized around a once-off piece of work.

Control Test

A legal test to determine employment status based on the nature and degree of detailed control an employer exercises over the manner in which work is done.

Integration Test

A test formulated by Lord Denning to determine if work is integral to the business structure or merely work on the side.

Casual Employee

A person whose engagement provides for payment at the end of each day and is not engaged for a longer period than $24$ hours at a time.

Fixed-Term Contract

An agreement where an employee is engaged for a specific period on agreed terms, commonly suitable for seasonal business patterns.

Probation Period

An initial assessment period not exceeding $6$ months, which may be extended by another $6$ months, but cannot exceed $1$ year in aggregate.

Lock-out

The closing of a place of employment or refusal by an employer to employ staff to compel them to accept demands related to a trade dispute.

Redundancy

The involuntary loss of employment at the initiative of the employer where the services of an employee are superfluous.

Strike

The cessation of work by employees acting in combination to compel an employer to accede to a demand in respect of a trade dispute.

Trade Union

An association of employees whose principal purpose is to regulate relations between employees and employers.

Article 41 (Constitution of Kenya, 2010)

The constitutional provision granting every person the right to fair labour practices, including fair remuneration and reasonable working conditions.

Employment Act, 2007

The primary legislation in Kenya governing the employment relationship, including protection of wages, rights, and termination procedures.

Labour Institutions Act, 2007

An Act that establishes bodies such as the National Labour Board and the Employment and Labour Relations Court.

Summons for Redundancy

The requirement to pay severance at not less than $15$ days' pay for each completed year of service, plus at least one month's notice.

Summary Dismissal

Termination of employment without notice when an employee has fundamentally breached their obligations, such as through gross misconduct.

Certificate of Service

A document mandated to be issued upon termination of employment unless the duration was less than $4$ consecutive weeks.

Monist State

A legal system where international law and conventions ratified by the state automatically form part of the domestic law.

Severance Pay

Compensation paid to an employee declared redundant at a rate of not less than $15$ days' pay for each completed year of service.