Thursday, May 21, 2020

Labour Law in Kenya - 1403 Words

Sources and institutions of labour law in Kenya. Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). Employment relations in Kenya are regulated by a number of sources: constitutional rights, statutory rights, as set out in statutes and regulations; rights set by collective agreements and extension orders of collective agreements; and individual labor contracts. These legal sources are interpreted by the Industrial Court, and in some cases by the ordinary courts. A particularly important role to play has the tripartite Industrial Relations Charter that laid the foundation for an industrial relations system already prior to Kenya’s†¦show more content†¦Article 2 (5) – General principles of international law In the constitution the general rules of international law shall form part of the law of Kenya.[1] It further adds that any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.[2] The constitution being the supreme law of a country should perhaps be the primary source of all laws. Chapter four of constitution is entitled the ‘bill of rights’ and it provides for the rights and fundamental freedoms entitled to the citizens and some of these rights relate to labour issues. Article 27 of the Kenyan constitution states that:- (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. (4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. (5) A person shall not discriminate directly or indirectly againstShow MoreRelatedLabour Law in Kenya1397 Words   |  6 PagesSources and institutions of labour law in Kenya. Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). 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