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Employment and Labor Relations Law

As a Kenyan law firm, we offer full-spectrum legal services in employment and labour relations, tailored to both local and international clients. We help employers and employees understand their rights and obligations, prevent disputes, and manage employment relationships in a legally compliant and commercially sound manner.


1. Employment Contracts and Documentation


  • Drafting & Reviewing Contracts:
    • Permanent, fixed-term, and casual employment contracts
    • Consultancy, internship, and probation agreements
    • Executive and C-suite employment contracts
  • HR Policy Manuals: Preparing employee handbooks, disciplinary procedures, grievance handling policies, and codes of conduct.
  • Independent Contractor Agreements: Structuring non-employment relationships to avoid misclassification risks.



2. Workplace Policies and Compliance


  • Legal Compliance Audits: Conducting employment law compliance audits in accordance with the Employment Act and Occupational Safety and Health Act.
  • Internal Policy Formulation:
    • Sexual harassment and anti-discrimination policies
    • Leave policies (annual, maternity/paternity, sick leave, etc.)
    • Remote work and digital workplace policies
  • Review of Employment Structures: Advising on outsourcing, secondment, and temporary staffing arrangements.


3. Employment Disputes and Litigation



  • Labour Court Representation: Representing clients in the Employment and Labour Relations Court (ELRC) in cases involving:
    • Unfair termination or dismissal
    • Breach of contract
    • Redundancy and retrenchment
    • Workplace discrimination and harassment
  • Industrial Disputes: Handling union-related disputes, collective bargaining disagreements, and industrial actions.
  • Alternative Dispute Resolution (ADR): Mediating employer-employee disputes and facilitating amicable settlements.


4. Termination and Redundancy Advisory



  • Legal Advice on Exits:
    • Lawful termination of employment
    • Dismissals for gross misconduct
    • Resignation and retirement processes
  • Redundancy and Restructuring:
    • Structuring redundancies to comply with Section 40 of the Employment Act
    • Preparing redundancy notices, severance agreements, and terminal benefit calculations
  • Exit Packages and Settlement Agreements: Negotiating and drafting mutually agreed separation packages.



5. Collective Bargaining and Trade Union Relations


  • CBA Negotiation: Advising employers and employer associations during the negotiation and implementation of Collective Bargaining Agreements (CBAs).
  • Union Recognition: Advising on legal thresholds and compliance for union recognition and registration.
  • Union Disputes: Representation in disputes involving strikes, picketing, or unlawful union activity.


6. Occupational Safety and Health (OSH) Law



  • OSH Compliance Advisory:
    • Ensuring compliance with the Occupational Safety and Health Act and Work Injury Benefits Act (WIBA)
    • Advising on workplace risk assessments and safety audits
  • Injury and Compensation Claims: Advising on and defending claims under WIBA and liaising with the Directorate of Occupational Safety and Health Services (DOSHS).
  • Covid-19 & Health Crisis Management: Advising on legal obligations related to workplace health protocols and pandemic-related employment issues.


7. Employee Benefits and Compensation



  • Statutory Deductions Compliance:
    • PAYE, NHIF, NSSF, and Housing Levy deductions
    • Penalty and interest advisory
  • Employee Share Ownership Plans (ESOPs): Drafting and advising on ESOPs and performance-linked incentive schemes.
  • Pension and Retirement Schemes: Advising on employer obligations under the Retirement Benefits Authority Act.


8. Employment Aspects of M&A and Restructuring


  • Due Diligence: Conducting employment-related due diligence for mergers, acquisitions, and business transfers.
  • Staff Transfer Advisory: Structuring employee transitions in compliance with Section 15 of the Labour Relations Act.
  • Change Management: Legal support for workforce restructuring and reorganization strategies.


9. Immigration and Expatriate Employment



  • Work Permits and Visas: Assisting with applications for Class D work permits, special passes, and dependent passes for expatriates.
  • Expatriate Tax and Labour Compliance: Ensuring foreign employee contracts align with Kenyan law and tax requirements.
  • Localization Strategy: Advising on transitioning from expatriate to local workforce models.


10. Training and Legal Awareness



  • Capacity Building for HR Teams:
    • In-house training on employment law compliance, disciplinary procedures, and termination best practices
  • Board Briefings: Advising boards and senior management on employment law risks and governance.
  • Regulatory Updates: Keeping clients informed of updates to Kenyan labour laws, court decisions, and policy shifts (e.g., Finance Act, Wage Orders).