Answer ... The Constitution of Kenya 2010 underpins employment law in Kenya and provides the Employment and Labour Relations Court with the basis for interpreting employer-employee rights and fair labour practices.
The Employment Act 2007 (11/2007) is the primary law on employment in Kenya, containing substantive and procedural law on:
- the employment relationship;
- the respective rights and duties of employer and employee;
- termination and dismissal of employees; and
- the disputes and settlement procedure.
The Labour Relations Act 2007 (14/2007) provides for the registration, regulation and management of trade unions, organisations and federations.
The Labour Institutions Act 2007 (12/2007) establishes various labour institutions, such as the National Labour Board, the Committee of Inquiry and the Wages Council.
The Occupational Safety and Health Act 2007 (15/2007) provides for the safety and welfare of employees and all persons lawfully present at workplaces.
Fintech companies must adhere to these laws, as breach of their provisions constitutes an offence punishable by fines or imprisonment. Where the termination of an employee through dismissal or redundancy is found not to comply with the law, the Employment and Labour Relations Court can award damages, among other things.
Answer ... The Kenya Citizenship and Immigration Act 2011 provides for the issuance of work visas and work permits to foreigners who wish to work in Kenya. In procuring work permits for its non-Kenyan employees, a fintech company must demonstrate that a Kenyan understudy is being trained to take on the job. Fintechs setting up through the Kenya Investment Authority may be assisted in processing work permits.