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THE REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT

(AGRICULTURAL INDUSTRY) ORDER

LEGAL NOTICE 121/1982 CAP 229

 

1. Citation This Order may be cited as the Regulation of Wages (Agricultural Industry) Order.

 

2. Application This Order shall apply to all agricultural employee (excluding Directors and Managers)   who are employed in an undertaking or part of an undertaking which consists in carrying on, for gain, of one or more of the following activities: -

 

  1. a)The cultivation of land and use of land for any purpose of husbandry including horticulture, fruit growing and seed growing;

 

  1. b)Dairy farming and livestock breeding and keeping;

 

  1. c)The use of land as grazing land, meadow land, market gardens or nursery grounds;

 

d) The use of land for woodlands when that use is ancillary to the use of land for other agricultural purposes.

 

3. Basic minimum

Consolidated Wage No person to whom this Order applies shall be employed at a basic minimum    consolidated

wage less favorable to him than that, which is applicable to him under Part I of the First Schedule having regard to his age and to his occupation as specified therein to be determined by reference to the definitions contained in Part II of that Schedule.

 

4. Deduction An employer who provides housing accommodation, which

for accommodation, which has been approved by a

Accommodation Medical Officer of Health for the area in

provided by which the accommodation is situated may

by the deduct from the from the wages of any employee in occupation of the accommodation a sum not exceeding thirty shillings.

 

5. Hours of work 1. The normal hours of work in respect of stockmen, herdsmen, and watchmen shall be sixty hours of work spread over six days of the week.

 

2. The normal hours of work in respect of all workers except those specified in subparagraph (1) shall     be forty-six hours of work spread over six days of the week.


 

3. Every employee shall be entitled to at least one rest day in every period of seven days.

 

4. An employee who is stopped from working by his employer on any reason other than the termination of his employment or dismissal shall be deemed to have worked as if the stoppage had not occurred and be paid in full notwithstanding the fact that the stoppage was occasioned by a breakdown of the plant or inclement weather conditions.

 

6. Overtime Every employee who works for any time in excess of the normal hours of work per week as specified in paragraph 5 shall be paid for the overtime thereby worked at the following rates:- a) One and a half times the basic hourly rate in respect of the time worked in excess of the normal hours of work; and b) Twice the basic hourly rate in respect of any time worked on a rest day.

 

7. Holidays with Pay 1. The days specified in the Second Schedule shall be holiday with full pay.

 

2. Where an employee, other than a stockman, herdsman or watchman is required to work on a day which by virtue of sub-paragraph (1) is a holiday with full pay, he shall be paid in respect of any overtime so worked at twice the basic hourly rate.

 

3. Stockmen, herdsmen and watchmen shall be paid for any time worked on a day which by virtue of paragraph (1) is a holiday with full pay at one and one-half times the basic hourly rate.

 

8. Leave with full pay (1) Every employee shall be entitled: -.

 

  1. (a)To not less than twenty-one working days' leave with full pay after every twelve consecutive months of service with his employer; or

 

(b) Where the employment is terminated after the completion of two or more consecutive months of service during any twelve months' leave earning period to not less than one and three-quarters days leave with full pay in respect of each completed month of service in such period.


 

(2) Notwithstanding the provisions of subparagraph (1), an employer and his employee may agree on the dates on which leave may be taken; and in the event of an employee being required to work for a whole calendar year without leave, he shall be paid his normal wages plus an extra sum calculated on the basis of his daily wages in respect of leave due to him.

 

(3) The leave referred to in subparagraph (1) shall be additional to all public holidays, weekly rest days and any sick leave taken by an employee in accordance with paragraph 10.

 

9. Compassionate (1) an employee may, at the discretion of the employer, Leave be granted compassionate leave.

 

(2) Compassionate leave shall not be unreasonably refused and may, by prior arrangement by the employee with the employer, be treated as paid leave and subsequently set off against the employee's annual leave.

 

10. Sick Leave (1) After one month's continuous service with an employer, an employee shall be entitled to sick leave with full pay up to a maximum period of thirty days, and thereafter to sick leave with half pay up to a maximum period of thirty days, in each period of twelve months' continuous service.

 

(2) An employee claiming to be entitled to sick leave under sub-paragraph (1) shall produce a certificate of incapacity signed by a medical practitioner, or a person acting on his behalf, in charge of a dispensary or a health centre covering the period for which the sick leave is claimed.

 

(3) An employee shall not be entitled to sick leave where the incapacity is due to gross neglect on his part.

 

(4) An employee's absence from duty on account of illness shall not be a reason for his dismissal.

 

11. Maternity Leave Female employees shall be entitled to two months maternity leave with full pay provided that: ?

(i) A female employee who has taken two months' maternity leave shall forfeit her annual leave in that year.

 

(ii) A female employee on maternity leave shall not incur any loss of privileges by reason of her being on such leave.


 

12. Safari Allowance An employee who is required to perform work away from his principal place of employment shall be entitled to be paid safari allowance as follows:-

 

Shs. Cts. a) For any period not exceeding his normal daily hours of work ... ... 7 00

 

b) For any period exceeding his normal daily hours of work Including an overnight stop in the Nairobi Area or Mombasa Municipality ... ... ... ... ... ... 50 00 c)

 

For any period exceeding his normal daily hours of work and including an overnight stop elsewhere ... ... ... ... ... ... 40 00

 

13. Refund Fare where an employee proceeds on annual leave, he shall be entitled to a refund by the employer of the bus fare or third class rail fare to and from his home in respect of himself and his wife except that an employee shall not qualify for a refund under this paragraph unless he produces receipts to indicate that the fares in respect of which a refund is sought have been paid.

 

14. Acting Appointment Where an employee is required to act in a grade higher than that in which he is normally employed, he shall work at his normal rate of pay for the first ten days and thereafter at the basic minimum wage for that higher grade, and shall also be entitled to any other benefits or privileges attached to that higher grade.

 

15. Redundancy 1) It shall be a condition in every contract that where the employment of an employee is to be terminated on account of redundancy, the following principles shall apply:-

 

  1. a)The employee's union shall be informed of the reasons for and the extent of the intended redundancy;

 

  1. b)The employer shall have due regard to the seniority in time and to the skill, ability and reliability of each employees affected by the redundancy;

c) The redundant employee shall be entitled to one month's notice or one month's                    wages in lieu of notice;


 

  1. c)

 

2) An employee declared redundant shall be allowed to stay on the farm up to a maximum period of three months from the date of notice and in the case of transfer of ownership of the farm the grace period of three months shall not apply but instead the employee shall, if so required, vacate the farm within a period of thirty days from the date of notice.

 

3) Notwithstanding anything contained in subparagraph (2) payment of benefits under this paragraph shall only be made after the employee has left the farm if required to do so.

 

16. Severance Pay (1) An employee shall be entitled to seven days' pay for every completed year of service if his services are terminated by the employer otherwise than for gross misconduct, except that:- (a) the qualifying period for any entitlement under this paragraph shall be seven years' continuous service. (b) the payment of benefits under this paragraph shall only be for services rendered up to the 1st July, 1966.

 

(2) Notwithstanding anything contained in subparagraph (1), payment of benefits under this paragraph shall only be made after the employee has left the farm if required so to do.

 

17. CULTIVATION OF PLOTS Where an employee is permitted to cultivate a piece of land for his personal use on his employer's property, a deduction of a sum not exceeding five shillings per month for each one-half acre of land so cultivated may be made from the employees wages.

 

18. PROCEDURE IN CASE OF

MIS- CONDUCT

NOT WARRATING DISMISSAL

  1. (1)An employee whose work or conduct is unsatisfactory or who is otherwise in breach of contract which in the opinion of the employer does not warrant dismissal shall be warned in writing and the following procedure shall apply:-

 

(a) The first and second warning shall be entered in the employee's employment record and the shopsteward of his union shall be informed accordingly;

 

(b) The second warning shall be copied to the branch secretary of the union;

 

(c) If an employee who has already received two warnings commits a third breach of contract, he shall be liable to summary dismissal.

 

(2) Where an employee completes two hundred and ninety-two working days from the date of the second warning without further unsatisfactory work or conduct or breach of contract, any warning entered in his employment record shall be canceled.

 

19. TERMINATION OF EMPLOYMENT (1) Every contract of employment shall be terminated in the  manner: -

 

(a) in the case of an employee who has completed more than five years' continuous service with the employer, forty-five days' notice shall be given by either party in writing or otherwise by the payment by either party, in lieu of notice, of not less than thirty days' wages;

 

(b) in the case of an employee who has completed the probationary period and up to five years' continuous service with an employer, thirty days' notice shall be given by either party in writing or otherwise by payment by either party in lieu of notice, of not less than thirty days' wages.

 

(2) Notwithstanding the provisions of subparagraph (1) the first two months with an employer may be treated as a probationary period and during that period the contract may be terminated by either party giving twenty-four hours' notice.

 

(3) Nothing in this paragraph shall prejudice the right of either party to terminate a contract summarily for lawful cause.


 

Appendix 1

Unskilled Employees

2012 wages  

Daily rate Shs. Cts  

1.

Unskilled Employees

4,282

178.80

2.

Stockman, herdsman, watchman

4,918

208.00

 

Skilled and Semi-skilled Employees  

3.

House servant or cook

4,861

185.00

4.

Farm Foreman

7,682

325.10

5.

Farm Clerk

7,682

325.00

6.

Section foreman

4,973

211.50

7.

Farm Artisan

5,090

216.30

8.

Tractor Driver

5,397

229.20

9.

Combine Harvester driver

5,946

252.30

10

Lorry Driver or car driver

6,240

264.50

 

 

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