Employee Rights and Responsibilities

As a worker, you have a legal right to and responsibilities to adhere to. The law is a double-edged sword that protects your rights from getting infringed. At the same time keeps you from infringing on the rights of your employer

Organization

An organization is a place where individuals from varied religion, background, and communities work in a joint manner on a common platform. All work in a united manner for a pre-defined goal which is called an organization.

Issues rise up in an organization because the roles are not properly defined. Roles and responsibilities of supervisors and employees must be defined in the right manner.  Also identify the ones who possess special responsibilities and roles. Employees are the main assets who must know their roles and responsibilities and what is expected from them. Generally speaking, there are two categories of roles and responsibilities. First would be about technical expert role, where the employees are to work in a skilled manner. Second role would be the social role of the employee which takes into account the management process.

Parameters that Define your Status as an Employee 

Do you know your rights as a job seeker or an employee?  Understand the parameters that define your status as an employee. What does the labor laws says about you tenure in an organization? Height of unemployment in Kenya makes getting a job seem like a miracle that one should be too grateful for. Ask about conditions and circumstances surrounding it.  especially for the entry-level job seeker.

As a worker, you have legal right to:https://www.learnafrica.co.ke/management-consultants-kenya/#1529481997949-9a23dd1e-4688

1. A safe and healthful workplace
2. Any information your employer has about any exposure you may have had to hazards such as toxic chemicals or noise. You have right to any medical records your employer has concerning you.
3. To ask your employer to correct dangerous conditions.
4. To file a complaint about workplace hazards: whether Private sector or Public Sector workers
5. To participate in enforcement inspections.
6. To not be discriminated against for exercising your health and safety rights. .
7. To refuse work that puts you in immediate danger of serious harm. The OSHA regulation only protects you if the danger can be proven to exist.
8. To information on hazards in your workplace.
9. To information from your employer about OSHA standards, worker injuries and illnesses, job hazards and workers’ rights.
10. To training from your employer

Workers Responsibilities

1. Read the workplace safety and health poster at the jobsite.
2. Comply with all applicable OSHA and Maine safety standards.
3. Follow all lawful employer safety and rules and regulations, a
4. Report hazardous conditions or any any job-related injury or illness to the employer, and seek treatment promptly.

Employment Contracts: 

The law allows for oral and written contracts within employment (Employment act 2007). An agreement to be employed and serve for a specified period of time in Kenya. labor laws stresses that employment whose duration lasts for 3 months or more should be in writing. This means that you should ensure you sign a contract if you are starting a job that will go on for more than three months. Most employment tenures begin with a period of probation where the employer gauges your skill set in order to decide whether you are the right fit for their company.

Probation Period: 

Contract should not set your probation period for more than six months. The period of probation may, however be extended to a maximum of one year, with the employee’s consent. Probation should not go for more than a year .

Contract Particulars: 

As an employee, you should be aware of what details to expect in your contract in order to ensure all loopholes that might result in infringement are covered. Check to ensure that your contract has the following details and that they are as discussed in your negotiation discussion. The name, age, permanent address and sex of the employee

In the case where an employee is working outside Kenya for more than a month, details on the contract should also include type of employment. Currency to be used in remuneration, benefits of the employee and their contract duration out of the country.

Protection of wages:

Your employer should not pay your salary in a bar or a place where intoxicating substance is sold.  The law states that wages should be paid in either cash, by cheque, sent to an employee’s bank account.  A person duly authorized by the employee can collect their wages in the case of the employee’s absence (Section 17 sub-section 1). If payment is by cash, the wages should be paid at the employer’s premises or near the place of employment.  Depending on the agreement. Wages shall, however, not be paid in a place where liquor or other intoxicating substance is sold.  Payment should be done on a working day, within working hours (Section 17 sub-sections 2,and 3)