ADVOKS GLOBAL · KENYA
Labour Relations Act
49. Deduction of agency fees from unionisable employees covered by collective agreements
Edition: 2022-12-31 · In force
49. Deduction of agency fees from unionisable employees covered by collective agreements
(1)A trade union that has concluded a collective agreement registered by the Employment and Labour Relations Court with an employer, group of employers or an employers’ organisation, setting terms and conditions of service for all unionisable employees covered by the agreement may request the Cabinet Secretary to issue an order requiring any employer bound by the collective agreement to deduct an agency fee from the wages of each unionisable employee covered by the collective agreement who is not a member of the trade union.(2)A request in accordance with sub-section (1) shall—(a)be signed by the authorized representatives of the trade union and employer, group of employers or employers’ organisation;(b)supply a list of all employees prepared by the employer in respect of whom a deduction shall be made;(c)specify the amount of the agency fee, which may not exceed the applicable trade union dues; and(d)specify the trade union account into which the dues shall be paid.(3)An employer in respect of whom the Cabinet Secretary has issued an order as specified in subsection (1) shall commence deducting agency fees from the employees named in the Cabinet Secretary’s notice within thirty days of receiving the Cabinet Secretary’s notice.(4)The Cabinet Secretary may vary an order issued under this section on application by the trade union and the employer, group of employers or employers’ organisation concerned.(5)A member of a trade union covered by a collective agreement contemplated by subsection (1) who resigns from the union, is immediately liable to have an agency fee deducted from his wages in accordance with this section.(6)If a collective agreement is implemented retrospectively after registration by the Industrial Court, the agency fee shall be deducted and paid to the trade union for the period of retrospective implementation in accordance with this section.