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Labour Relations Act

48. Deduction of trade union dues

Edition: 2022-12-31 · In force

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48. Deduction of trade union dues

(1)In this Part "trade union dues" means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.
(2)A trade union may, in the prescribed form, request the Cabinet Secretary to issue an order directing an employer of more than five employees belonging to the union to—
(a)deduct trade union dues from the wages of its members; and
(b)pay monies so deducted—
(i)into a specified account of the trade union; or
(ii)in specified proportions into specified accounts of a trade union and a federation of trade unions.
(3)An employer in respect of whom the Cabinet Secretary has issued an order under subsection (2) shall commence deducting the trade union dues from an employee’s wages within thirty days of the trade union serving a notice in Form S set out in the Third Schedule signed by the employees in respect of whom the employer is required to make a deduction.
(4)The Cabinet Secretary may vary an order issued under this section on application by the trade union.
(5)An order issued under this section, including an order to vary, revoke or suspend an order, takes effect from the month following the month in which the notice is served on the employer.
(6)An employer may not make any deduction from an employee who has notified the employer in writing that the employee has resigned from the union.
(7)A notice of resignation referred to in subsection (6) takes effect from the month following the month in which it is given.
(8)An employer shall forward a copy of any notice of resignation he receives to the trade union.
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Source: Kenya Law