Expertise

Employment and Labour Relations Law Services in Kenya

Navigating the complex landscape of employment and labour relations requires a strategic and informed approach that balances legal compliance with effective human resource management. At BIK ADVOCATES LLP, we provide comprehensive legal support across the entire employee lifecycle, from recruitment and onboarding to exit strategies. Our team of expert employment and labour lawyers in Nairobi helps businesses of all sizes adhere to Kenyan law, mitigate risks, and foster a productive, harmonious workplace.

Our legal services are grounded in a deep understanding of the key legislation governing employment in Kenya, including the Employment Act, 2007, the Labour Relations Act, 2007, and the Work Injury Benefits Act, 2007 (WIBA). We also stay up-to-date with rulings from the specialized Employment and Labour Relations Court (ELRC), ensuring our advice is always current and relevant to your needs.

Why Partner with Our Employment Lawyers?

Employment law is more than just compliance, it's about building and maintaining a fair and respectful workplace. A proactive legal strategy protects your business from costly disputes, reputational damage, and regulatory penalties. We help you achieve this by providing:

Proactive Risk Management
We help you identify and address potential legal risks before they escalate into disputes. This includes ensuring your contracts and policies are legally sound and your HR practices are fair.
Strategic Guidance
We don't just provide legal answers; we offer practical, strategic advice that aligns with your business goals. Whether you're restructuring, managing a difficult employee, or expanding your workforce, we are your trusted advisors.
Dispute Resolution Expertise
From mediation to litigation at the ELRC, we have extensive experience in resolving workplace conflicts efficiently and effectively. We strive for amicable resolutions but are prepared to defend your interests vigorously in court.

Key Employment and Labour Law Services

Our firm offers a comprehensive suite of services designed to support employers in all aspects of their operations.

1. Employment Contracts, Policies, and Compliance

The foundation of a healthy employer-employee relationship is a clear, legally compliant contract. We assist with:

Drafting & Reviewing Employment Contracts: Ensuring contracts adhere to the minimum terms and conditions set out in the Employment Act, 2007, and are tailored to your specific business needs. This includes clauses on confidentiality, non-compete agreements, and dispute resolution.
Developing Workplace Policies: We draft and review policies on critical areas such as sexual harassment, disciplinary procedures, data privacy, and codes of conduct to protect both your business and your employees.

2. Disciplinary & Termination Processes

Navigating disciplinary action and termination requires strict adherence to due process to avoid claims of unfair dismissal. We guide employers through:

Fair Disciplinary Proceedings: Advising on the proper steps for investigations, show-cause letters, and disciplinary hearings to ensure fairness and procedural justice.
Lawful Terminations: We provide expert guidance on grounds for termination, including misconduct and poor performance, as well as the correct notice periods as per Section 41 of the Employment Act.

3. Labour Relations and Collective Bargaining

We act as your trusted counsel in matters involving trade unions and collective labour. Our services include:

Collective Bargaining Agreements (CBAs): Facilitating negotiations and drafting CBAs to establish terms of employment between employers and trade unions.
Trade Union Engagement: Advising on the legal framework for trade union recognition and engagement to ensure a constructive relationship.

4. Redundancy and Employee Transfers

When organizational changes are necessary, we ensure the process is managed legally and ethically. We guide employers on:

Redundancy Procedures: Advising on the requirements of the Employment Act for declaring redundancy, including issuing proper notice to the employee and relevant labour office.
Employee Transfers: Navigating the legal implications of transferring employees as a result of mergers, acquisitions, or restructuring. For more details, see our Corporate Law Services

5. Training and Risk Mitigation

Prevention is always better than cure. We offer training sessions for HR teams and management on key employment law topics to empower your organization with the knowledge to manage its workforce effectively.

Frequently Asked Questions

If you believe you have been unfairly dismissed in Kenya, you must first file a complaint with the Ministry of Labour and Social Protection .An employment lawyer can help you with this.

If the dispute is not resolved through mediation, the case can then be escalated to the Employment and Labour Relations Court (ELRC). The court will then determine if the dismissal was indeed unfair and may award compensation or order reinstatement as per the Employment Act, 2007.

Create a Fair and Compliant Workplace!

At BIK ADVOCATES LLP, we help businesses navigate employment laws, resolve disputes, and establish policies that protect both employers and employees.