ADVOKS GLOBAL · KENYA
Labour Relations Act
5. Protection of employees
Edition: 2022-12-31 · In force
5. Protection of employees
(1)No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act.(2)Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following—(a)require an employee or a person seeking employment not to be or become a member of a trade union or to give up membership of a trade union;(b)prevent an employee or person seeking employment from exercising any right conferred by this Act or from participating in any proceedings specified in this Act;(c)dismiss or in any other way prejudice an employee or a person seeking employment—(i)because of past, present or anticipated trade union membership;(ii)for participating in the formation or the lawful activities of a trade union;(iii)for exercising any right conferred by this Act or participating in any proceedings specified in this Act; or(iv)for failing or refusing to do something that an employee may not lawfully permit or require an employee to do.(3)No person shall give an advantage, or promise to give an advantage, to an employee or person seeking employment in exchange for the person not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act:Provided that nothing in this section shall prevent the parties to a dispute from concluding an agreement to settle that dispute.