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THE LABOUR RELATIONS ACT, 2007 ARRANGEMENT OF SECTIONS

Section

PART 1 - PRELIMINARY

1.      Short title.

2.      Application.

3.      Interpretation.

PART II - FREEDOM OF ASSOCIATION

4- Employees right to freedom of association.

5- Protection of employees.

6- Employers’ right to freedom of association.

7- Protection of employers’ rights

8-  rights of trade unions employers’ organization and federations.

9- Provision may not be varied by agreement.

10-Disputes under Part.

11-Burden of proof.

PART III  ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS

12-Establishing a trade union or employers’ organisation.

13-Application to register a trade union or employers’ organisation.

14-Requirements for registering a trade union.

15-Requirements for registering employers’ organisation.

16-Requirements for registering federation of trade unions.

17-Requirements for registering a Federation of Employers’.

18-Application for registration.

19-Registration of trade unions, employers’ organisation or federation.

20-Refusal to register trade union or employers’ organisation, or federation.

21-Effect of registration.

22-Objects in restraint of trade not unlawful.

23-Consequences of failure to register

24-Registered office.

25-Registration of branches.

26-Amalgamation of trade unions, employers’ organisations or federations.

27-Change of name or constitution.

28-Cancellation or suspension of registration.

29-Notice of dissolution.

30-Appeals against decision of registrar.

PART IV - OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS

31-Officials.

32-Membership of minors.

33-Voting members of trade union.

34-Election of officials

35-Notification of officials.

PART V - PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATION AND FEDERATIONS 36-Trustees.

37-Property to be vested in trustees.

38-Devolution of property.

39-Application funds.

40-Prohibion of payment of fines or penalties.

41-Injunction to restrain misuse of funds.

42-Treasurer to render accounts.

43-Annual returns.

44-Inspection of accounts and records.

45-Obstructing inspection by Registrar.

46-Power to require detailed accounts.

47-Misuse of money or property of a trade union.

PART VI- TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANZIATION FEES

48-Deduction of trade union dues.

49-Deduction of agency fees from unionisable employees covered by collective agreements.

50-Generral provisions applicable to deductions.

51-Collection of levies other than trade union dues.

52-Direct payment of trade union dues.

53-Payments by members to employers’ organisations.

PART VII- RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS

54-Recognition of trade union by employer.

55-Election of trade union representatives.

56-Trade union access to employers’ premises.

57-Collective agreements.

58-Alternative dispute resolution.

59-Effect of collective agreements.

60-Registration of collective agreement.

61-Terms and conditions of service in the public sector where there is no collective bargaining.

PART VIII- DISPUTE RESOLUTION

62-Reporting of trade disputes to the Minister

63-Respondent may file replying statement.

64-Interested party may file statement of interest.

65-Minister to appoint conciliators.

66-Persons appointed to conciliate.

67-Conciliators powers to resolve dispute.

68-Dispute resolved after conciliation

69-Dispute unresolved after conciliation.

70-Minister may appoint conciliator in public interest.

71-Committee of inquiry.

72-Exercise of powers of the Minister.

PART IX- ADJUDICATION OF DISPUTES

73-Referral of dispute to Industrial Court.

74-Urgent referrals to Industrial Court.

75-Arbitration Act does not apply.

PART X- STRIKES AND LOCKOUTS

76-Protected strikes and lock-outs.

77-Powers of Industrial Court.

78-Prohibited strikes or lock-outs.

79-Strike or lock-out in compliance with this Act.

80-Strike or lock-out not in compliance with this Act.

81-Essential services.

PART XI- MISCELLENOUS PROVISIONS

82-General penalty

83-Regulations

SCHEDULES

AN ACT of Parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers’ organizations 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. ENACTED by the Parliament of Kenya, as follows-

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