INSTITUTE OF HUMAN

RESOURCE MANAGEMENT
Labour Relations Act, 2007
CONTENT.
Part 1 : - Preliminary
Part 2 : - Freedom of Association
Part 3 : - Establishment and Registration of
Trade Unions and Employer’s
Organizations
Part 4 : - Officials and Members of Trade Unions
and Employers’ Organizations
Part 5: - Property, Funds and Accounts of Trade
Unions, Employers’ Organizations and
Federations.
 CONTENT.
Part 6: - Trade Unions Dues, Agency Fees and
Employers’ Organization Fees
Part 7: - Recognition of Trade Unions and
Collective Agreements
Part 8: - Dispute Resolution
Part 9: - Adjudication of Disputes
Part 10: - Strikes and Lockouts
Part 11: - Miscellaneous Provisions
OBJECTS
 To consolidated Trade union and trade dispute
law.
 Provide for registration, management and
democratization, of trade unions and employers’
organization or federation.
 Promote sound labour relations through protection
and promotion of freedom of association, effective
collective bargaining.
 promote orderly and expeditious settlement of
dispute.
 Definitions.
AUTHORIZED REPRESENTATIVE
 The General Secretary of a trade union.

 An employer or the chief executive officer of an employer.

 The secretary of a group of employer

 CEO or secretary of employers organization

 Any person appointed by an authorized representative.

Definitions.
COMMITTEE OF INQUIRY
 Committee of inquiry appointed by the Minister to
inquire into any matter relevant to a trade dispute.
CONCILIATION
 The act or process of conciliation.

FUNDS OF TRADE UNION

 All funds received for and on behalf a trade union except

provident funds dues

INDUSTRIAL RELATIONS CHARTER
 Tripartite agreement between Government ,most representative
employers organization and most representative employees
organization to regulate labour and industrial relation.
 Definition
LOCK- OUT
 Closing of place of employment, work suspension or
employer refusal to continue to employ any number of
employees for –
 purposes of compelling an employee to accept any demand in
respect of trade dispute ;and
 Not to finally terminate employment.

PROCEDURAL AGREEMENT.
Any agreement setting out a dispute resolution
procedure
DEFINITION
RECOGNITION AGREEMENT.
 Agreement in writing between a trade union and an
employer ,group of employers or employers organization
for purposes of regulating the recognition of trade union
for representing interest of unionisable employees
STRIKE
 Cessation of work by employees acting in combination or

a concerted refusal or refusal under common

understanding of employees to continue to work for the
purpose of compelling their employer or employer
organization to accede to any demand in respect of trade
dispute.
Definition
TRADE DISPUTE
 A dispute or difference or an apprehended dispute or
difference between employer(s) and employees,
employer(s) and trade union concerning any employment
matter, including dismissals, suspension or redundancy,
allocation of work or recognition of trade union.

UNIONISABLE EMPLOYEE
 Employee eligible for membership to a respective union
Other definitions
 Award
 Board
 Collective agreement
 Contract of service
 Contract of apprenticeship and learner ship.
 Employers’ organization
 Employment matter
 Executive director
 Executive board
 Federation
 General – Secretary
 Group of Employer
PART 1.2: APPLICATION
 Exclusion form application of the Act (S.3)
 Armed forces
 Kenya Police

 Administrative Police Force

 Kenya Prison Service

 National Youth Service

 Reserve Force or Service thereof

PART 2: FREEDOM OF ASSOCIATION

 Every employee has a right to:

• Participate in forming a trade union or federation of trade
unions.
• Join a trade union.
• Participate in a trade union’s lawful activities.
• Participate in the election of any of its office
bearers or officials.
• Stand for election or seek for appointment as an
office bearer or official and hold office.
PART 2.2: PROTECTION OF EMPLOYEES

 Employees protected from discrimination as

result of exercising rights conferred in the Act
(S.5) as:-
 Becoming a member of the union.
 Anticipated trade union membership or
participating in trade union activities.
PART 2.3: EMPLOYER’S RIGHTS
Every employer has a right to:-
 Participate in forming an employers’ organization
or a federation of employers’ organization.
 Join an employer’s organization or a federation of

employers’ organizations.
 Participate in the organisation’s lawful activities.

 Participate in the election of any of its office

bearers or officials.
 Stand for election or seek for appointment as an

officer bearer or official

 Hold office (s.6)
PART 2.4: PROTECTION OF
EMPLOYER’S RIGHTS.
 Every employer is protected from discrimination
as result of exercising rights conferred in the Act
(s.7) as:-

 Participating in activities of employer

organization,

 Or forming such organisation

PART 2.5: RIGHTS OF TRADE UNIONS AND
EMPLOYER’S ORGANIZATIONS

Every trade union, employers’ organisation or

federation has a right to:
 Determine its own constitutions and rules
 Hold elections to elect its officers
 Plan and organize its administration and lawful activities
 Participate in the forming of a federation of trade unions or
a federation of employers’ organizations
 Join a federation of trade unions or a federation of
employers organizations
 Participate in the organisation’s lawful activities
PART 2.5: RIGHTS OF TRADE UNIONS
AND EMPLOYERS ORGANISATION
 Affiliate with, and participate in the affairs of
any international workers organization or
international employers organization
 Contribute and to receive financial assistance
from those organizations (S.8)
 No contract of employment of collective
bargaining may vary or limit the provisions
of the act (S.9)
PART 2.6: PROVISION NOT VARIED BY
AGREEMENT.
 Any dispute arising from this Part may be
referred (in writing):
 To the minister to appoint a conciliator.
 And to the Industrial Court for adjudication (s.10)]

- Burden of proof on both the party making

allegation and party accused of breach (s.11)
PART 3: ESTABLISHMENT AND REGISTRATION OF
TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

 Prohibition of recruitment of members into a

trade union or employers’ organization without a
certificate from the Registrar
 Registrar obliged to issue the certificate
within thirty days on receipt of application
signed by two promoters unless application
is defective or name of proposed union is
misleading.
PART 3.1: ESTABLISHMENT OF TRADE
UNION OR EMPLOYER’S ORGANIZATION
Certificate may not be issued if:
 The application is defective
 The name of the proposed trade union or employers’
organization
 Is the same as that of an existing trade union or
employers’ organization or
 Is sufficiently similar so as to mislead or cause
confusion
 PART 3.2: REGISTRATION OF TRADE UNIONS
AND EMPLOYERS’ ORGANIZATIONS

• Registrar has power to withdraw a certificate

where he has reason to believe that:
– Certificate was obtained by fraud, misrepresentation or as
a result of a mistake
– Any person has undertaken an unlawful activity on behalf
of the proposed trade union or employers’ organizations
(s.12)
 Application for registration must be made within 6 months
of the date of issue of certificate.
 Registrar’s refusal of the application for registration to be
communicated in Form D set out in the Second Schedule
PART 3.3: REQUIREMENTS FOR
REGISTRATION OF TRADE UNION.
 Requirements for registration of a trade union
 Application
 Adoption of an appropriate constitution
 Have an office and postal address in Kenya
 If the applicants fail to meet the requirements set out in
the Act the registrar is allowed to refuse the application
for registration and must provide reasons for that refusal.
 No other union or association of trade unions is already
registered which is sufficiently representative
 Only members in a sector specified in the constitution
qualify
 The name of the trade union is not the same or
sufficiently similar to another one
PART 3.3: ESTABLISHMENT AND REGISTRATION OF
TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

 The decision to register was made at a meeting attended by

at least 50 members
 The trade union is independent from control of employers
 The trade union’s sole purpose is to pursue activities of a
trade union and members are from one sector (s.14)
 Provided the register shall notify all concerned through a
gazette and one daily national newspaper and invite
objections.
 Requirements for registration as an employer’s organization
(s.15), federation of trade unions (S.16) and a federation of
employers. (S.17) are similar, mutatis mutandis
 PART 3.4: ESTABLISHMENT AND REGISTRATION OF
TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

• Registration of branches through application in

form F (S.25).
• Applications for amalgamation after a secret
ballot of at least fifty percent entitled to vote have
voted and those in favour exceed by twenty
percent (s.26) and change of name are in
prescribed forms(S.27).
 Application for registration in prescribed form
A (S.19)
 Refusal and information to applicant form D

(S.20)
PART 3.5: ESTABLISHMENT AND REGISTRATION OF
TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

 Consequences of registration
• A body corporate

• Perpetual succession

• Common seal

• Capacity to sue and be sued its own name

• Capacity to enter into contracts

• Capacity to hold, purchase, or otherwise acquire and dispose of

movable and immovable property (s.21)
• Objects in restraint of trade not unlawful (s.22)
• Consequences of failure to register (s.23)
• Requirement for a registered office, physical office and postal address (s.24)
• No trade union or employer organisation shall operate without a registered
physical office
 PART 3.6: ESTABLISHMENT AND REGISTRATION OF
TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

• Cancellation or suspension of registration if trade union is :

– Dissolved

– Ceased to exist

– Registration as a result of fraud, misrepresentation or mistake

– Operating in contravention of the Act

– Being used for an unlawful purpose

– Failure to conduct elections

– Is not independent

 Dissolution to be notified to the Registrar in Form O in the Second

Schedules within 14 days of resolution to dissolve (s.29)
 Application for dissolution to be signed by seven members of trade
union or three members of employer organisation.
 Right to appeal to the Industrial Court within 30 days.
 PART 4: OFFICIALS AND MEMBERS OF TRADE UNIONS AND
EMPLOYERS’ ORGANIZATIONS

 Must be persons who are, or have been, engaged or

employed in the relevant sector, except the general secretary,
chief executive or association secretary
 No person to be an official of more than one organization
 However a person may be an official of more than one
employer organization
 Must not be a person convicted of a criminal offence involving
fraud or dishonesty (S.31)
 Minors who have not attained eighteen years and appears to
be above the apparent age of sixteen years may be a member
(S.32)
 PART 4.1: OFFICIALS AND MEMBERS OF TRADE
UNIONS AND EMPLOYERS’ ORGANIZATIONS

 Voting members must:

 Be employed in the sector

 In case of employers’ organisation, have a

physical address or an office in Kenya
 Not have their subscriptions more than thirteen
weeks in arrears (s.233)
 Elections of officials
 To be in line with registered constitutions
 Notified to, and officials registered by, the Registrar
(s.34, 35)
PART 5: PROPERTY, FUNDS AND ACCOUNTS OF
TRADE UNIONS, EMPLOYERS’ ORGANIZATIONS
AND FEDERATIONS

 Constitution of trade union or employer

organisation to provide for:
 Appointment or election of trustees
 At least three trustees at all times
 All property vested in trustees
 Use of funds
 Payment of salaries, allowances and expenses of
officials
 Administration
PART 5.2: PROPERTY, FUNDS AND ACCOUNTS OF
TRADE UNIONS, EMPLOYERS’ ORGANIZATIONS AND
FEDERATIONS

 Prosecution or defence of any legal

proceedings
 Conduct of trade disputes

 Payment to members and beneficiaries

 As the Minister may allow

 Injunction to restrain misuse of funds may

be granted by the Industrial Court on

application by the Registrar or five or more
people having sufficient interest (S.41)
PART 5.3: PROPERTY, FUNDS AND ACCOUNTS OF
TRADE UNIONS, EMPLOYERS’ ORGANIZATIONS AND
FEDERATIONS

 Annual statement to Registrar of all receipts and

expenditure during the year
 Registrar’s power to require detailed accounts
 Industrial Court’s power to order production and
suspend officials who contravene
PART 6: TRADE UNIONS DUES, AGENCY FEES
AND EMPLOYERS’ ORGANIZATION FEES

• Trade union dues means regular subscriptions

paid to union for membership.
• Trade union may request the Minister to issue an
order for deduction and remission of dues to it
by an employer of more than 5 employees
belonging to the union.(s.48).
• Monies deducted must be paid in specified
account of the union and to a federation of trade
union where applicable
 6.1 DEDUCTION OF UNION DUES
 Employer must deduct the dues as ordered by the minister within 30 days of
service by union in form s.
 The minister’s order takes effect the month following month notice is served
on employer.
 Employer not to deduct dues from employee who has resigned in writing.
 Stop and advise the union.

 Trade union may request the Minister to issue an order for deduction agency
fee from wages of unionisable non-members covered by the CBA. S.49)

 Request must be made in writing signed by authorized representatives of

trade union and employer.
 Have a list prepared by employer of all affected employees to whom
deduction is to be made.
6.2 .DEDUCTION OF AGENCY FEES
 Must specify the account and amount not exceeding
applicable trade union dues.
 Employer on receipt of the order from the Minister to
commence deduction within 30 days.
 A trade union member who resigns from the union is
immediately liable for deduction of agency fees. Agency is
payable retrospectively if CBA is back dated.
 Payment into trade union’s account within 10 days of
deduction.
 Minister has power to cancel or suspend a notice issued for
purposes of deduction
PART 6.3: GENERAL PROVISIONS
APPLICABLE TO DEDUCTIONS
 Employee may not recover from employer money deducted
as dues. s 50(3).
 Employer allowed to recover any a mount over paid in to
trade union account.

 No any other deduction may be made from an employees

wages other than as provided in the Act.

 Union to acknowledge payment in to account within 14

days.
 Union members may however make direct payment to the
union of the dues , levies, subscriptions or other payments.
PART 7: RECOGNITION OF TRADE
UNIONS AND COLLECTIVE AGREEMENTS
 Employer(s) to recognize a trade union if it represents a
simple majority of his unionisable employees for purpose
of Collective bargaining. 54(1).
 employers group or employer organisation to recognise
Trade Union if it has recruited a simple majority of
employees employed by the group or association
members.54(2)
 7.1 RECOGNITION OF TRADE
UNION BY EMPLOYER.
 Model recognition agreement may be issued by Minister.
 Employer , group of employers’ or employers association
may apply to board to terminate recognition agreement.
 Recognition disputes to be referred for conciliation and
thereafter to Industrial Court (S.54) Recognition agreement to
provide for election of workplace trade union representatives.
 The role of workplace elected union representatives is to
represent members in grievance and disciplinary hearing and
other functions specified by the recognition.
PART 7.3: TRADE UNIONS ACCESS TO EMPLOYER’S
PREMISES.

 Recognition agreement to provide for employer to grant

reasonable access to his premises for lawful purposes.
 Lawful activities may include recruitment, holding
meeting with members outside working hours , represent
members, balloting
 Employer may :
 impose restriction on the time and place for such access to
avoid work disruption and in the interest of safety.
 Require union officials to proof their identity and
credentials.
 Any dispute on access to be reported to industrial court.

 7.4 COLLECTIVE AGREEMENTS
 Employer, group of employers or employer organization to
conclude CBA with recognized trade union.
 An employer to disclose relevant information for purposes of
negotiations.
 Information disclosed to be treated as confidential.
• Employer not to disclose:
 legally privileged information.
 information prohibited by the law.
 Information that may cause substantial harm.
 Information that is private personal unless he consents
7.4 COLLECTIVE AGREEMENTS. CONT

 Dispute on discloser to be reported for conciliation and may

be determine by the industrial court.
 The right to access to information may be withdrew by the
court on breach of confidentiality.
 CBA to bind –
 Parties to the agreement.
 Unionisable employees employed by employer, group of
employers or association.
 Employer who become member of an employer
organization
7.6 EFFECT OF COLLECTIVE BARGAINING

 CBA to bind both employees.

 and employer who were party to the agreement at
its commencement including those who have
resigned from the union or employer
group/association
 Terms of the CBA to be incorporated in contracts of
employment.
 Must be signed by CEO .
 Effective up on registration
PART 7.7: REGISTRATION OF
COLLECTIVE AGREEMENTS
 Registration of collective agreements by the
Industrial Court (within 14 days).
 To be submitted for registration by employer or
trade union if the employer fails.
 Industrial court to register only if CBA comply
with the law guidelines and after parties make
submission.
PART 8: DISPUTE RESOLUTION
 Reporting of trade dispute by or on behalf of a
trade union or employers’ organization to
Minister on prescribed form.
 Party reporting must serve a copy to the other
and any person having direct interest by
registered mail or hand delivery. (s.62).
 Trade dispute concerning a dismissal or
termination to be reported within 90 days.
 Reporting dispute does not prevent employer
declaring redundancy at the end of notice.
 Minister to appoint a conciliator within 21 days.
PART 8.1: REPORTING OF TRADE
DISPUTE TO MINISTER.
 Every party to a dispute to file replying statement
in a prescribed form within 14 days to the
Minister.
 Failure to file shall not affect validity of the
referral.
 If minister refuses to appoint a conciliator he
shall give reasons to the parties.
 Aggrieved may appeal .
PART 8.2: CONCILIATOR’S POWERS TO
RESOLVE DISPUTE.
 Conciliator shall be a public officer
 Person appointed from a panel of conciliator after
consultation with the NLB.
 Person from conciliation and mediation commission.
 The conciliation must be concluded within 30 days.
 Conciliator to mediate between the parties, conduct fact-
finding missions and make recommendations or proposals
to parties for settlement.
 May summon anyone to appear in person, present
documents or items and minister to pay prescribed witness
fees.
PART 8.3: DISPUTE RESOLVED OR
UNRESOLVED AFTER CONCILIATION
 If dispute is resolved at conciliation it shall be
signed by the parties and conciliator and lodged
with Minister
 Conciliator shall issue a certificate to parties if
the dispute is unresolved after 30 days of his
appointment.
 Parties may extend the period by agreement.
PART 8.4: APPOINTING OF
CONCILIATOR IN PUBLIC INTEREST.
 Minister may appoint a conciliator or a conciliation
committee if he is satisfied that it is in the Public Interest to
do so.
 Or committee of inquiry.
 Powers of the Minister under part. 8 may be delegated to
the commissioner for labour or chief Industrial relation
office
 Disputes may be referred to the Industrial Court in
accordance with the rules of the court.(s.73).
 Dispute may be referred to court by aggrieved party who
has made a demand in respect of employment matter.
PART 9.1: ADJUDICATION OF
DISPUTES
 Referral of disputes as a matter of urgency by
trade union include cases of recognition and
redundancy.
 Exclusion of the Arbitration Act in proceedings
before the Industrial Court.
PART 10: STRIKES AND
LOCKOUTS
 A person may participation in a strike or lockout if:
 The trade dispute concerns terms and conditions of employment
 Recognition of a trade union
 The trade dispute is unresolved after conciliation under the Act or in
a registered collective agreement that provide for private conciliation
and,
 7 days written notice has been given to the other parties and the
Minister by authorised representative
 No strike in essential service.
 Power of party to apply to the Industrial Court to prohibit strike or
lockout (s.77)
 Prohibition of sympathetic strike/lockout
 Non-payment of employees who take part in an illegal strike (s.80
PART 11: MISCELLANEOUS
PROVISIONS
• Penalty for offences by trade union, employers’
organization or federation: fines not exceeding
40,000/-.
• Penalty for offences by a person: fine not
exceeding 10,000/-.
• Repeal of the Trade Union’s Act and the Trade
Disputes Act.
THANK YOU.

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