LEGAL MUST KNOWS BEFORE EMPLOYING A HOUSE HELP

LEGAL MUST KNOWS BEFORE EMPLOYING A HOUSE HELP

Most House help nowadays complain that their seen as lesser beings and they feel like they don’t have rights. The government has enacted new labor laws that will help them as they work. As an employer you need to be familiar with the laws before you embark on employing a new help. Note the following laws should be observed

WHAT THE LAW SAYS.

• A contract of service can be in writing or oral.

• House helps are entitled to a minimum salary of Ksh 12926.55 per month

Occupation / Grade Region Minimum Wage per Hour Minimum Wage per Day Minimum Wage per Month
Cleaners, Gardeners, General Workers, House servants, Children’s ayah, Sweepers, Day watchmen, Messengers Cities
(Nairobi, Mombasa and Kisumu)
115.50 622.00 12,926.55
Municipalities, Mavoko Town Council, Ruiru Town Council, Limuru Town Council 105.60 571.45 11,926.40
All other areas (neither cities nor municipalities nor town councils) 64.55 349.50 6,896.15

• The employer is obligated by the Employment Act 2007 to keep the employment records of his or her employees.

• Employers are deemed by courts not to have paid salaries if they fail to produce receipt.

• An employee is entitled to payment of salary/wages that is not below statutory minimum wage, house allowance or alternative appropriate accommodation.

• Termination of employment through issuing of one month notice, notification to the labour union or office payment of all accrued leave days and severance pay. Reasons for termination must be given and proper procedures for termination must be employed.

The following amounts shall be charged for offences:

1. The amount charged for sexual harassment of house help is sh 1.2 million.

2. The amount charged for dismissal of worker over the phone is Sh 329,627.

3. The amount charged for sacking a househelp for falling sick is Sh 191,000.

4. The amount charged for firing a house help for being pregnant is sh 73000.

5. The amount charged for failure to put sacking in writing is sh 49500.

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