ADVOKS GLOBAL · KENYA
Employment Act
16. Enforcement
Edition: 2024-04-26 · In force
16. Enforcement
(1)Where an employer does not give an employee a statement as required by section 10, 12 or 13 or an itemised pay statement as required by section 20, the employee may file a complaint with the labour officer and the complaint shall be deemed to be complaint filed under section 86.(2)Where as a result of a complaint arising out of section 10, 12, 13 or 20 the Employment and Labour Relations Court determines particulars which ought to have been included or referred to in a statement given under these sections, the employer shall be deemed to have given to the employee a statement in which those particulars were included or referred to as specified in the decision of the Employment and Labour Relations Court.(3)Where under subsection (1) the Employment and Labour Relations Court has to determine whether the statement given complies with a statement under section 10, 13 or 20 the Employment and Labour Relations Court may—(a)confirm the particulars as included or referred to in the statement given by the employer;(b)amend those particulars; or(c)substitute other particulars for them as the Employment and Labour Relations Court may determine to be appropriate, and the statement shall be deemed to have been given by the employer to the employee in accordance with the courts decision.(4)A person who fails to give to an employee a statement as required by section 10, 12, 13 or 20 commits an offence and shall, on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.(5)Where a person contravenes the sections specified in subsection (1), a court, on application of the employee or the labour officer on behalf of the employee may, in addition to the penalty specified in subsection (4) order any remedy specified in subsection (3).