肯尼亚劳动法问答.doc

Questions Answers Hiring Workers in East Africa May 17, 2011 ________________________________________________________________ Q: I think in Kenya maternity leave allowed to women is 3 months. That is what I have been advised by my HR manager. Please confirm. Sonal Sejpal A: As per Kenyan Employment Act 2007, maternity leave is specified to be at least 90 calendar days + annual leave entitlement for the year. Eve Hawa Sinare A: in Tanzania maternity leave is 3 months and paternity leave is 3 days ________________________________________________________________ Q: What is the legal compliance for expatriates working in East Africa (i.e., an Indian or US person working for a US company in Uganda)? Sonal Sejpal A: In order to be employed in Kenya, a foreign national would need to obtain a work permit from the Immigration Department under the Immigration Act (Cap 172). The foreign national’s employment would be governed by Kenyan Law and the employee would need to be registered under various laws as follows: income tax registration under the Income Tax Act (Cap 470); NSSF registration as a contributor under the National Social Security Fund Act (Cap 258); and NHIF registration as a contributor under the National Hospital Insurance Fund Act, 1998. Further, the Employment Act requires an employee’s salary to be paid in the currency of Kenya (Kenya Shillings). ________________________________________________________________ Q: How do you compute a daily salary rate from a monthly salary since employers use different formulas? Eve Hawa Sinare A: In Tanzania, the daily rate is calculated from the basic salary of the employee divided by the number of days in the month usually 30 days. Sonal Sejpal A: In Kenya, wages are computed based on working days. You should divide the monthly salary by the working days. -Moses Adriko A: In Uganda, most employers do not provide for a daily rate except if the work is manual and if so the daily rate would not be based on