Employment Records

Question

Hi HiariBora,

What records of employment is a company required to keep and how long should we keep such records?

Regards,

Moses

Answer

Hi Moses,

The Employment Act specifies that after termination of an employee the company is to keep the records for a period of 5 years. It also allocates for the following employment records:

  1. Records of warning letters or other evidence of misconduct of an employee;
  2. An employee’s written contract of service including particulars of:
  • terms and conditions relating to annual leave, sick leave, pensions and pension schemes;
  • notice period in the case of termination of employment;
  • employment period where the employment is not intended to be for an indefinite period;
  • an employee’s place of work and the address of the employer;
  • any collective agreements which directly affect the terms and conditions of the; and
  • the terms and conditions relating to an employee who is required to work outside Kenya for more than one month.
  1. A written statement of changes to the terms and conditions of an employee’s contract and the  disciplinary rules applicable to the employee. This statement should be given to the employee within a month of the change in question. Where applicaple the employer can refer the employee to the provision of a document which is accessible to the employee for a change in any of the matters specified in sick leave ,pensions, disciplinary rules and to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee. This statement shall also include any changes to the employer’s name, or the identity of the employer.
  2. A written statement of statutory deductions and particulars of any amendments done to it. Note that a pay slip need not contain separate particulars of statutory deductions if it contains an aggregate amount of statutory deduction and  if the employer if the employer  already has already given a statement of statutory deductions which is valid for 12 months.
  3. Records of an employee’s annual leave, weekly rest days , maternity leave, paternity leave, sick leave, particulars of the accommodation provided  or housing allowance (where the employer provides housing) and, where the wage rates are deconsolidated particulars of the house allowance paid to the employee and  of food rations where applicable;
  4. An employer who employs a child shall keep and maintain a register containing the following particulars of every child he employs—

 (a) age and date of birth;

(b) date of entry into and of leaving the employment;

(c) such other particulars as may be prescribed.

        7. Sexual Harrassment Policy: Which is drafted after consultations with the employees or their representatives and the company has more than 20 employees. 

A person who makes, causes to be made or knowingly allows to be made an entry in a register, record, book or other document whatsoever, required which that person knows to be false commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.

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