ADVOKS GLOBAL · KENYA
Labour Relations Act
57. Collective agreements
Edition: 2022-12-31 · In force
57. Collective agreements
(1)An employer, group of employers or an employers’ organisation that has recognised a trade union in accordance with the provisions of this Part shall conclude a collective agreement with the recognised trade union setting out terms and conditions of service for all unionisable employees covered by the recognition agreement.(2)For the purpose of conducting negotiations under subsection (1), an employer shall disclose to a trade union all relevant information that will allow the trade union to effectively negotiate on behalf of employees.(3)All the information disclosed by an employer as specified in subsection (2) is confidential and shall not be disclosed by any person to a person who is not engaged in the negotiations.(4)An employer is not required to disclose information that—(a)is legally privileged;(b)the employer cannot disclose without contravening a prohibition imposed on the employer by any law or an order of any court;(c)if disclosed, may cause substantial harm to the employer or employee; or(d)is private personal information relating to an employee, unless an employee consents to the disclosure of that information.(5)If there is a dispute about what information is required to be disclosed in accordance with the provisions of this section, any party to the dispute may, in writing, refer the dispute to the Cabinet Secretary for conciliation.(6)If a dispute remains unresolved, after it has been referred to the Cabinet Secretary under subsection (5), any party to the dispute may refer the dispute to the Employment and Labour Relations Court under a certificate of urgency.(7)In any dispute about an alleged breach of confidentiality, the Employment and Labour Relations Court may order that the right to disclosure of information be withdrawn for a period specified by the court.(8)No person shall disclose any confidential information disclosed under this section to a person who is not a party to those negotiations.