County employees in Kenya play a crucial role in delivering essential services to the public. Whether you work in healthcare, administration, infrastructure, or any other sector under the county government, it’s important to understand your rights under Kenyan labour laws. This article explores key labour laws, policies, and entitlements that protect county employees, ensuring fair treatment, job security, and access to benefits.
1. Employment Contracts and Terms for County Employees
Under Kenyan law, every county employee should have a written employment contract outlining:
- Job title and description
- Salary and payment schedule
- Working hours and leave policies
- Termination conditions
- Probation period (if applicable)
The Employment Act (2007) governs employment relationships, ensuring that county employees are not subjected to unfair labor practices. If your contract is violated, you have the right to seek legal redress through the Employment and Labour Relations Court (ELRC).
2. Working Hours, Overtime, and Leave Policies
Kenyan labour laws stipulate that the standard working hours should not exceed 52 hours per week (typically 8 hours a day, 6 days a week). However, county employees in essential services may have different schedules.
Key provisions include:
- Overtime Pay: Any work beyond normal hours should be compensated at 1.5 times the hourly rate.
- Annual Leave: Employees are entitled to at least 21 working days of paid leave per year.
- Sick Leave: After two consecutive months of service, workers can get at least seven days of paid sick leave annually.
- Maternity/Paternity Leave: Female employees get three months of paid maternity leave, while male employees are entitled to two weeks of paternity leave.
3. Salaries and Allowances for County Employees
The Salaries and Remuneration Commission (SRC) regulates the pay structure for county employees to ensure fairness and equity. Salaries vary depending on job group, qualifications, and experience.
Common allowances include:
- House allowance
- Commuter allowance
- Medical cover (under the National Hospital Insurance Fund – NHIF)
- Hardship allowance (for employees in remote areas)
County governments must adhere to SRC guidelines to prevent wage disparities and ensure timely salary payments.
4. Protection Against Unfair Dismissal and Disciplinary Actions
The Employment Act protects county employees from wrongful termination. Employers must follow due process, including:
- Issuing warnings for misconduct
- Conducting fair hearings before dismissal
- Providing valid reasons for termination
If unfairly dismissed, employees can file a complaint with the Labour Office or take the matter to court for reinstatement or compensation.
5. Health and Safety Regulations for County Workers
The Occupational Safety and Health Act (2007) mandates safe working conditions for all employees, including county workers. Key requirements include:
- Provision of protective gear (for field workers)
- Safe and hygienic workspaces
- Compensation for work-related injuries (through the Work Injury Benefits Act – WIBA)
Employees have the right to refuse unsafe work conditions without facing retaliation.
6. Access to Unions and Collective Bargaining
County employees have the right to join trade unions (such as Kenya County Government Workers Union – KCGWU) to advocate for better wages and working conditions.
The Labour Relations Act allows for:
- Collective bargaining agreements (CBAs) to negotiate salaries and benefits
- Strikes (if legal procedures are followed)
- Grievance handling mechanisms to resolve disputes
7. Pension and Retirement Benefits
County employees contribute to the County Pension Fund or the Public Service Superannuation Scheme (PSSS). Key benefits include:
- Monthly pension payments after retirement
- Lump-sum gratuity for long-serving employees
- Survivor benefits for dependents in case of death
8. How to Report Labour Rights Violations
If your rights as a county employee are violated, you can:
- Report to the County Public Service Board (CPSB)
- File a complaint with the Labour Office
- Seek legal action through the Employment and Labour Relations Court
Conclusion
Understanding your rights as a county employee in Kenya empowers you to demand fair treatment, proper compensation, and safe working conditions. By familiarizing yourself with labour laws such as the Employment Act, Occupational Safety and Health Act, and WIBA, you can protect yourself from exploitation and ensure career stability.
If you believe your rights have been violated, take action by consulting labour unions, legal experts, or government agencies. Stay informed, stay protected!