Nlra employee rights in kenya
Labor laws have a uniform purpose: they protect employees' rights and set forth employers' obligations and responsibilities. They also have multiple functions. The primary functions of labor laws are to provide equal opportunity and pay, employees' physical and mental well-being and safety, and workplace diversity. Although many employers would still embrace sound business principles without legal mandates, employers use the structure that labor laws provide to ensure that their operations are in compliance with federal laws. The combined function of federal labor laws, such as Title VII of the Civil Rights Act of , the Americans with Disabilities Act of , and the Age Discrimination in Employment Act of , is to provide applicants and employees with equal access to employment and fair treatment in the workplace. These laws prohibit discrimination and disparate treatment based on factors that aren't related to the job requirements.
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Unfair Labor Practice
There are federal, state and local employment laws. Many states have comparable laws. There is also state common law whereby courts decide non-statutory employment issues, such as employment at will and restrictive covenants. How are different types of worker distinguished? Workers are generally protected against discrimination under federal law on the basis of race, colour, religion, sex, sexual orientation, pregnancy, national origin, age, disability, genetic information, retaliation or union activity.
State and local laws have additional protections, such as marital status discrimination, etc. Employees also are distinguished by the existence of an employment contract or union collective bargaining agreement or employment-at-will. If not, do employees have to be provided with specific information in writing? Written contracts of employment are not required. Employers are required by law to provide employees with certain specific information. Minimum wage and overtime pay are required and state and local laws also have other minimum requirements, such as mandatory breaks, payment of accrued benefits and final pay.
Does bargaining usually take place at company or industry level? Bargaining often takes place at company level but may be industry-wide in certain circumstances, for example, when an industry has a multi-employer association that deals with unions.
The National Labor Relations Act NLRA governs union recognition and provides for union recognition when a majority of employees vote for a union in a secret ballot election or when an employer recognises a union based on a majority of employees having signed authorisation cards. Unions have rights under the NLRA to organise and represent employees from unfair labour practices as well as to take industrial action strike under certain circumstances.
The NLRA, as interpreted by the National Labor Relations Board and federal courts, governs unions right to strike as do collective bargaining agreements. If so, what are the main rights and responsibilities of such bodies? If so, on what grounds is discrimination prohibited?
Discrimination on the bases set forth in question 1. In addition, employees are protected from sexual harassment. There is no specific federal law requiring mandatory training or specific other responses to the possibility of sexual harassment, many states and localities have specific standards, including required anti-harassment training.
The Equal Employment Opportunity Commission EEOC has issued guidelines providing that employers must provide harassment prevention training to all employees to ensure they understand their rights and responsibilities.
Federal courts have ruled that employers need to show evidence of anti-harassment training to avoid punitive damages or to raise certain affirmative defences. If an employer can establish that the action in question was for a legitimate, non-discriminatory reason, it will not be found liable. There also is a general bona fide occupational qualification defence. Further defences apply to specific discrimination claims, e. Can employers settle claims before or after they are initiated?
Employers may settle claims before or after they are initiated. Both federal laws and state laws specifically protect whistle-blowers against employer retaliation for their whistleblowing activities and allow for whistleblowing lawsuits.
Some state and localities have expanded employee rights. The employer must reinstate the employee to the same or equivalent position. The FMLA is a gender-neutral statute that allows for fathers and mothers to request and take leave. Fathers are afforded the same rights as mothers under the FMLA. Flexible work or leave beyond FMLA is available to employees unless there would be an undue hardship on the business. Employees do not automatically transfer to a buyer, but this is the case in a share sale because the employing entity remains the same.
Collective bargaining agreements may have provisions pertaining to a business sale. How does a business sale affect collective agreements? In a stock sale, employee terms and conditions remain the same. In an asset sale, the buyer can set new terms and conditions. How long does the process typically take and what are the sanctions for failing to inform and consult?
There are no consultation rights except a unionised employer will have to consult bargain with the union. There may be informational rights under the WARN Act or state equivalent if the sale results in a mass layoff or shut down of an employment site.
In a stock sale, the employing entity remains the same so the employees are not dismissed. How is the notice period determined? At-will employees do not have to be given notice of termination nor do unionised employees unless a collective bargaining agreement otherwise provides. In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss? Employment is at-will unless an employment or collective bargaining agreement protects against dismissal under certain circumstances.
All employees are protected against dismissal due to unlawful discrimination or protected activity, such as union activity or whistleblowing. An employee is dismissed when employment is terminated or there is a constructive termination inability to continue working due to a hostile work environment. An employment agreement may have provisions for employee termination for good reason. Consent from a third party is not required before an employer can dismiss. Employees in protected classifications may not be dismissed because of their protected classification.
Employment and collective bargaining agreements may have provisions protecting against improper dismissal. Are employees entitled to compensation on dismissal and if so, how is compensation calculated?
Upon dismissal, employees are entitled to receive their final pay and accrued benefits. If the dismissal is not for misconduct, an employee is eligible for unemployment insurance benefits. There are no specific provisions unless an employment or collective bargaining agreement contains them. What are the remedies for a successful claim? Claims can be brought before an administrative agency, a court or an arbitrator if pursuant to an employment or collective bargaining agreement for unlawful dismissal with the potential remedies mentioned above.
Collective bargaining agreements may provide for additional obligations. Employees may bring either an individual or class action civil lawsuit. Employers who violate the WARN provision by closing an employment site or ordering mass layoffs without providing adequate notice are liable for back pay and benefits to each aggrieved employee.
Employers who fail to provide the required notice to the local government are subject to civil penalties. Consequences depend on the violations found. The enforceability of restrictive covenants is determined by state law and varies depending on the jurisdiction.
Types of restrictive covenants include non-competition agreements, non-solicitation of customers, non-solicitation of employees, and confidentiality agreements. The Justice Department has been attacking some restrictive covenants as restraints on trade. State laws vary as to the enforceability of restrictive covenants. Courts will assess whether restrictive covenants serve a legitimate business purpose and are reasonable in scope, time and geographic reach. There is no uniform period for which restrictive covenants are enforceable, but the shorter they are, the more likely they will be enforced.
Covenants must be supported by consideration, which may be financial or a promotion or, in some jurisdictions, continuation of employment.
Can an employer transfer employee data freely to other countries? In the U. Most states have enacted some form of privacy legislation, while most have implemented laws requiring notification of personal information security breaches. Subject to these laws, employers can transfer employee data to other countries. There are no federal laws requiring employers to provide employees access to their personal information; however, some states do have laws.
State laws often address who has access to the information, how often the information can be accessed, whether copies can be made, what records can be kept, and whether third-party disclosure is permitted. Employers are permitted to conduct pre-employment checks. Employers must comply with federal laws that protect applicants from unlawful discrimination and FCRA when compiling background information.
An employer has the right to monitor its own property. Employers are entitled to monitor computers, servers, and other electronic devices that the employer owns. Under the Electronic Communications Privacy Act of , employers are permitted to monitor employee communications if there is a legitimate business purpose or if the employee has consented. Federal courts have jurisdiction to adjudicate employment-related cases arising out of federal employment law and employment cases where the parties are citizens of different states or a non-United States citizen.
Is conciliation mandatory before a complaint can proceed? Does an employee have to pay a fee to submit a claim? Some courts require mandatory conciliation.
Otherwise, it is voluntary. The EEOC is required by federal statute to attempt to resolve findings of discrimination through conciliation. If a civil lawsuit is brought, applicable fees will apply, but there is no fee for filing a claim with an administrative agency. Yes, decisions are appealable. Typically, there must be a final ruling before a decision can be appealed, but interlocutory intermediate appeals are allowed in limited circumstances.
There is no uniform length of time for an appeal. The Paycheck Protection Program PPP allows eligible employers to take out forgivable small business loans to cover payroll costs, employer group health costs, and other costs for eight weeks after the loan date. This may include masks, testing, and eventually, vaccines.
Nearly every state has issued employee-protection regulations and many states have instituted assistance for businesses affected by closures. The PPP allows businesses to apply for low-interest loans to cover the above-mentioned costs for eight weeks after the loan date. The loan amount is equal to 2. EIDLs differ in that they can be used for a wider variety of expenses.
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Collective Bargaining Agreement | Practical Law
As the COVID pandemic overwhelms medical institutions, reports have been growing about health care workers HCWs around the world who have been subjected to retaliation for speaking out about Personal Protective Equipment PPE shortages, dangerous hospital conditions, inconsistent guidance, and even for bringing their own PPE to work. While legal and regulatory conditions vary by state and country, the following document outlines procedures U. HCWs have raised concerns in a variety of ways, including with fellow colleagues, to hospital management, to government officials, to the press, and to the general public. The retaliatory measures taken against them have included formal warnings, reassignment, suspension, or even termination. Although numerous U. Yet, as a health care professional, you do have a range of supports and protections, as well as the ability to defend yourself and make changes at your institution. The text is also available in PDF format here. Importantly, you are always bound by patient privacy laws and broader ethical obligations regarding how you treat all patients.
Employment 2021
Labour laws also known as labor laws or employment laws are those that mediate the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee , employer and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms in some cases also technical standards for the minimum socially acceptable conditions under which employees or contractors are allowed to work.
Are all types of strikes protected under the National Labor Relations Act?
The Right to Strike. Section 13 also concerns the right to strike. It reads as follows:. Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. It is clear from a reading of these two provisions that: the law not only guarantees the right of employees to strike, but also places limitations and qualifications on the exercise of that right.
Weingarten Rights
The Amendment Act comes into force on 15 April , incorporating a provision on pre-adoptive leave Kenyan employers must provide lactation stations within their premises for breastfeeding mothers under the Health Cat, Act , which took effect in July To further champion the cause for nursing mothers returning to JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.
On the other hand, employees represented by labor unions have rights and protections provided by federal and state laws, as well as by their union contracts. The most important law for U. Most states have similar laws for state and local government employees.
An Act of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratisation of trade unions and employers organisations or federations, to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development and for connected purposes [ Act No. Every member of a trade union that is a member of a federation of trade unions has the right, subject to the constitution of that federation to—. No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act. Without limiting the general protection conferred by sub-section 1 , no person shall do, or threaten to do any of the following—. 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.
Your Right to Form a Union The National Labor Relations Act guarantees your legal right to join or form a union without interference, restraint or coercion from your employer. Unfortunately, many employers—perhaps yours—violate these fundamental rights. Specifics of certain rights can vary depending upon state or municipal laws, or job classification, but they may include:. In the U. These became known as Weingarten Rights. They includes the right to have a union representative present during any meeting that may lead to discipline, written reprimand or termination. In , the NLRB under the Clinton administration extended these rights to employees at nonunionized workplaces, giving them the right to request that a co-worker be present during such meetings.
In a controversial ruling, the National Labor Relations Board decided to follow its own often criticized decision in D. Horton holding that arbitration agreements barring class action lawsuits about working conditions, which are signed as a condition of employment, are unlawful under the National Labor Relations Act. The binding arbitration agreement at issue was provided to Sheila Hobson by Murphy Oil USA in November as a condition of her employment when she was hired to work at the company's Calera, Alabama facility.
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