Right to Fair Remuneration: Employees are entitled to gainful employment that provides a wage that is competitive given the talent of an individual and the demands of the job. Employers should at all times observe the minimum wage where applicable.
Right to annual leave days: The annual leave is 21 days as per the edicts of Section 28 of the Employment Act. Employees have a right to annual leave days during which they are entitled to full pay without working and inclusive of all public holidays. Right to go on leave includes Maternity and paternity leave.
Right to reasonable working conditions: An employee has a the right to reasonable working conditions in Kenya. For example, ensuring that the workplace is safe and without health risks are some of the reasonable working conditions that an employee has a right to. If an employer fails to provide good working conditions, an employee has a right to make a claim that their right has been violated.
Right to form, join or participate in the activities and programmes of a trade union: Employees have the right to be part of trade unions. The reasons for joining trade union include but not limited to: the trade unions can negotiate better pay, negotiate better working conditions like improved health and safety; provide training for new skills and give general advice and support. Recognized unions do have a say whenever there are cases of redundancies.
Right to go on strike: The expression strike refers to an organized cessation or slowdown of work with a view to compelling employers to come to the bargaining table and agree to their demands. The Kenyan Constitution considers that the right to strike may be limited by law under certain conditions. For example, the law prohibits the exercise of the right to strike by employees engaged in sectors designated as essential services.
Right to due process on termination on account of redundancy: Redundancy is the dismissal of an employee on the grounds that the employer no longer requires the employee for work for which they were hired. According to Section 40 of the Employment Act, an employee has a right to get a notice of the termination. The notice is written and has to be issued not less than a month prior to the date of termination.
Right to fair termination of employment: employment should be terminated either in accordance with the terms of employment contract are as stipulated under the Employment Act failure to which the termination will be declared unlawful by courts.
Right to receive terminal dues: upon termination of employment, the employees entitlements such as gratuity where applicable must be paid without delay.