In our previous article, we examined the key components of a standard payslip and how statutory deductions affect an employee’s final dues.
A more serious issue arises where statutory deductions are made but not remitted to the relevant authorities. At that point, the issue moves from being an administrative process and becomes a statutory breach with financial and, in some cases, criminal consequences.
As the new year begins, it is important for businesses to start on the right footing by ensuring they are compliant with key legal and regulatory obligations to avoid penalties, fines, and potential disputes, and promote good governance.
Historically, the Employment and Labour Relations Court (ELRC) has held that annual leave is a basic right that cannot be forfeited. The position was that leave must either be utilized by the employee or encashed (paid out) by the employer.
Starting February 2026, NSSF deductions will rise from the current maximum of Kshs. 4,320/= to Kshs. 6,480/= for employees, which must be matched by the employer. This translates to 6% of the employee’s monthly gross salary, with a similar amount paid by the employer thereby bringing the total contribution to the Fund to 12%.
Many organizations struggle with internal pay equity issues, where experienced or highly qualified team members may earn less than less-qualified colleagues performing the same work.
You have suffered a loss or injury at the workplace. You go through the motions, submit your claim, and finally receive a decision from the Director of Occupational Safety and Health Services (DOSH)—only to find that it is flawed, unfair, or even worse, revised without your knowledge.
In Kenya’s vibrant and competitive labor market, the recruitment and retention of the best employees is fundamental to the success of an organization. A good recruitment strategy isn’t just about filling the position—in other words, it’s about making sure your new hires will not only fit in with your culture, but help shape it, contribute to your growth and comply with the country’s labor laws. Identifying the right candidates and avoiding the many pitfalls, however, is a task that requires some specialized skills.
1. Develop a proper Job Description
Before you advertise any job, do a job analysis. This isn’t simply about listing out duties; it’s about understanding the essence of that role, the unique skills (technical and soft), competencies and cultural fit that are required for that role. Engage current high performers in similar roles to help you shape your job description and determine essential success behaviors.
2. Tap into multiple delivery channels
There is a lack of a diversity in your talent pool if you are recruiting from just one source
3. Develop Engaging & Compliant Job Ads
Your job advert is often a candidate’s first glimpse into your company. It has to be interesting, and it needs to be obvious what the value proposition is and, very important, it has to be in line with the labor laws in Kenya.
4. Implement a Structured and Fair Selection Process
An organized and systematic method for screening through candidates reduces the risk of bias and allows for more objective “apples-to-apples” comparison during your hiring process.
5. Place Candidate Experience First
A positive candidate experience, even for unsuccessful applicants, enhances your employer brand and strengthens your professional network.
A positive candidate experience can convert unsuccessful applicants into future customers or referrers.
6. Understand and Adhere Labor Laws Labour Laws of Kenya
Compliance is non-negotiable. Familiarize yourself with key legislation, just to mention a few:
By integrating these expert tips and diligently adhering to Kenyan labor laws, companies can optimize their recruitment efforts, attract and retain top talent, and build a resilient workforce that drives sustainable growth.
For any enquiries on this or any other matter do not hesitate to contact us via email through info@hrfleek.com
Contact Person & Contributor
Fortunatus Otieno – HR SPECIALIST
Sick leave is a fundamental aspect of employment that ensures employees can take time off work when they are ill without risking their job security or financial stability.
Gross misconduct refers to a serious breach of the employer-employee contract that destroys the trust and confidence essential for a continued working relationship.
This is the periodic and organized review of personnel files to assess accuracy of each employee’s documents, ensuring they are up to date and complete.
