肯尼亚劳动法要点
肯尼亚劳动法问答
Questions & AnswersHiring Workers in East AfricaMay 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 SejpalA: 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 SinareA: 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 SejpalA: 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:a)income tax registration under the Income Tax Act (Cap 470);b)NSSF registration as a contributor under the National Social Security Fund Act (Cap 258);andc)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 SinareA: 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 SejpalA: In Kenya, wages are computed based on working days. You should divide the monthly salary by the working days.-Moses AdrikoA: 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 30-day wages rate________________________________________________________________Q: Pleasecomment on the issue of statutory overtime pay in Kenya. The Employment Act 2007 seems silent on this.-Sonal SejpalA: Overtime entitlement is provided for in the wages orders under the Labour Institutions Act. Under the General Wages Order, overtime above normal hours is must be paid at 1.5 times the normal hourly rate. Overtime for rest days and public holidays is 2 times. ________________________________________________________________Q: Kindly talk about defined contributions being introduced in Kenya beginning 1st July.-Sonal SejpalA: the Public Service Ministry had early this year announced a scheme planned to roll out on 1st July, 2011 in which civil servants would benefit from a medical cover that would run parallel to the NHIF. There have been concerns raised by various stakeholders. Consultations are still ongoing mainly on who will run the scheme and if this will duplicate services offered by NHIF________________________________________________________________Q: What is legality of having a specific period employment contract -- say one year? Is there any term specified in law after which an employer is bound to take an employee on a permanent basis, rather than keeping for specific period?-Sonal SejpalA: Thereis no period after which an employer is obligated to retain an employee permanently. However, in the case of redundancy, or unfair termination, where there is no break in employment, the continuous period running between one fixed term contract and another fixed term contract may be considered by the court.________________________________________________________________Q: "Managers are not entitled to overtime pay." What is your view on this?-Sonal SejpalA: In Kenya, there are no definite provisions on this issue. This is respected, in our experience, by custom. We are not aware of any challenges by managers. When we draft management level contracts, we make no reference to overtime.________________________________________________________________Q: In Kenya, are we required to pay for the off day?-Sonal SejpalA: An employee is entitled to at least one rest day. Where an employee works on the rest day, he or she would be entitled to overtime.________________________________________________________________Q: What happens in situations where the sick leave days provided in cap 299 is not consistent with the employment act?-Sonal SejpalA: In Kenya, under the Employment Act, the MINIMUM sick leave is 7 days with full pay and 7 days with half pay subject to a medical certificate. The General Wages Order provides for MAXIMUM sick leave of 30 days with full pay and 15 days with half pay.________________________________________________________________Q: in Kenya, which law should we follow for sick leave?-Sonal SejpalA: provisions relating to sick leave as well as other conditions of employment are provided for both in the Employment Act, 2007 and in the General Wages Order promulgated under the Labour Institutions Act, 2007. With regard to sick leave, there is no overlap between the provisions of the Employment Act and the General Wages Order. The Employment Act provides for the minimum sick leave applicable and the General Wages Order provides for the maximum sick leave applicable.Section 30 of the Employment Act provides that after two (2) consecutive months of service with his employer, an employee shall be entitled to sick leave of not less than seven (7) days with full pay and thereafter of seven (7) days with half pay, in each period of twelve (12) consecutive months of service, subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre.Regulation 12 of the General Wages Order provides that after two (2) continuous month’s service with an employer, an employee shall be entitled to a maximum o f thirty (30) days’ sick leave with full pay and thereafter a maximum of fifteen (15) days’ sick leave with half pay in each period of twelve (12) consecutive months’ service provides that an employee shall not be entitled to such payment unless he produces to the employer a certificate of incapacity covering the period of the sick leave claimed signed by a medical practitioner in charge of a dispensary or medical aid centre, or by a person authorized by him in writing and acting on hisbehalf. An employee shall not be eligible for sick leave in respect of any incapacity due to gross neglect on his part.________________________________________________________________Q: Is compassionate leave an entitlement in Kenya by common practice? Should a contract include the travel allowance and if so how do you state it?-Sonal SejpalA: The General Wages Order makes provision for compassionate leave but this is deductible from the annual leave entitlement. Many employers give compassionate leave as a matter of practice.-Eve Hawa SinareA: In Tanzania compassionate leave is for 4 days within a leave cycle of 12 months. Any additional compassionate leave will be deductable from annual leave-________________________________________________________________Q: What about the construction wages order?-Sonal SejpalA: There are two orders which may be relevant: The Regulation of Wages (Electrical Construction Industry) Order and the Regulation of Wages (Building and Construction Industry) Order, 1998. The former Order applies to all persons (other than managers) employed in an undertaking or part of an undertaking which consists in the carrying on of work in the electrical construction order. The latter Order relates to works carrying on work in the construction of buildings and construction of railway lines or any lattice work structure.________________________________________________________________Q: Are written agreements needed in Kenya, Tanzania, Rwanda?-Eve Hawa SinareA: It is not mandatory to have a written contract but written particulars must be given to an employee if the contract is oral. In practice employers are advised to have written contracts.-Sonal SejpalA: In Kenya, it is mandatory to provide a written contract if the employment is for a period of three (3) or more months.________________________________________________________________Q: Is there an at-will concept in these jurisdictions or must all terminations be for good reason and subject to challenge?-Eve Hawa SinareA: In Tanzania, we have no at will concept under the new law. A reason has to be given and the reason has to be fair and the process of termination has to be fair as well.-Sonal SejpalA: In Kenya, we do not have an "at will" concept. Under the Employment Act, an employee has a right to claim unfair termination if employed for 13 months or more. In this case, the employer should have fair reasons for termination.________________________________________________________________Q: Did you say probation in Tanzania is a maximum of 7 months?-Eve Hawa SinareA: No, it is 6 months and may be extended to 12 months-Sonal Sejpal:A: Probationary contracts in Kenya should not be more than six (6) months but may be extended for a further period of six (6) months with the consent of the employee.________________________________________________________________Q: Is compassionate leave an entitlement in Kenya by common practice?-Sonal SejpalA: Yes, the entitlement to compassionate leave in Kenya is a common practice. Under the Regulation of Wages (General) Order, compassionate leave would be offset from the employee’s annual leave. In addition, under the order, an employee may be granted up to 5 days compassionate leave without pay in any one year. However, this is not a legal obligation on the employer.________________________________________________________________Q: Can an employee who is serving their notice period be summarily dismissed?-Sonal SejpalA: The Employment Act provides for the various ways in which a contract can be terminated including termination with notice or pay in lieu of notice and summary dismissal for gross misconduct. There are no provisions in law on whether an employee who is already serving a notice period can still be summarily dismissed and we have not come across any case law that addresses this question. On the face of it, it would appear prejudicial (depending on the circumstances) to the employee to subject them to two consecutive modes of termination and this may be a basis for an unfair termination claim by an employee especially where the subsequent summary termination leads to loss of salary or termination benefit s. Having said that, I don’t see why an employee cannot be summarily dismissed i n this situation if the facts relating to misconduct etc emerge after notice is given to him.________________________________________________________________Q: What is the legality of having a specific period employment contract -- say one year? Is there any term specified in law after which an employer is bound to take an employee on a permanent basis, rather than keeping the employee for specific period?-Moses AdrikoA: In Uganda there is general freedom of contract and you can have a fixed termcontract, which can include or exclude a probationary period. Generally an Employer can not include a probation period of longer than 6 MONTHS.-Sonal SejpalA: The Employment Act recognizes both fixed term employment and permanent employment. An employer who has engaged an employee for a certain period would not be obligated to turn the fixed term employment into permanent employment. The only term after which an employer is bound to take an employee on a permanent basis relates to casual employees. Any casual employee that either works for a continuous period of more than one (1) month working days or performs work which cannot reasonably be expected to be completed within a period of three (3) months or more shall be deemed to be an employee entitled to a contract of service paid on a monthly basis.Unlike the case in Kenya, some jurisdictions have provisions which obligate an employer to convert successive fixed term contracts to permanent employment contracts after a certain successive period of employment. In England, the Fixed Term (Prevention of Less Favourable Treatment) Employees Regulations (2002) contains a specific provision which provides for the recognition of among others, fixed term employee rights in redundancy cases and the conversion of fixed term employment to permanent employment where an employee serves on successive fixed term contracts for more than four (4) years.We have not come across a Kenyan case that examines the principles of legitimate expectation and continuity of employment.The question of continuity of employment would most likely arise in the calculation of termination payments such as redundancy pay and contractual gratuity. Under the Employment Act, 2007, in the event of a redundancy, an employee is entitled to a minimum severance pay of fifteen (15) days pay for every year worked. Automatic renewal of fixed term contracts would have implications on the employer as there is a likelihood of a court presuming that the employment was continuous even though it was under multiple contracts. Furthermore, where a fixed term contract expires and the employer continues to engage the employee, it may be imputed that the employer intended for the employment to continue on the same terms.________________________________________________________________Q: In Kenya, if you provide Social Security, is it obligatory to provide pension? If yes, how is the pension calculated?-Sonal SejpalA: In Kenya, there is no statutory obligation to provide pension to your employees. There is a statutory obligation to ensure that your employee is registered for statutory social security (NSSF) and to remit contributions. If there is a pension scheme applicable, this should be stated in the contract.-Désiré KamanziA: In Rwanda, apart from the mandatory social security contributions, no other pension scheme would be mandatory... For the social security, both the employer and employee contribute (5 and 3% respectively of the net salary).-Moses AdrikoA: In Uganda, there is no obligation to provide pension. However there is a mandatory Social Security Scheme to which an employer must contribute 10% of the employees’ wages and the employee would contribute 5% of his wages. The employer is entitled to receive a lump sum payment from the Social Security Fund on reaching the retirement age of 55________________________________________________________________Q: For single termination in Kenya, kindly repeat the treatment of severance pay. Is severance pay expected? If yes, how is it calculated? Thanks.-Sonal SejpalA: The Employment Act only requires that severance pay is paid to an employee if the employee is declared redundant.It is calculate at 15 days pay for each complete year worked.The Employment Act does not contain provisions which differentiate between single employee redundancies and group redundancies.。
坦桑尼亚劳动法 Employment and Labour Relation Act 6
EMPLOYMENT AND LABOUR RELATIONS ACT, 2004ARRANGEMENT OF SECTIONSTitleSectionPART IPRELIMINARY PROVISIONS1. Short title and commencement2. Application3. Objects4. InterpretationPART IIFUNDAMENTAL RIGHTS AND PROTECTIONSSub - Part A - Child Labour5. Prohibition of child labourSub - Part B - Forced Labour6. Prohibition of forced labourSub - Part C- Discrimination7. Prohibition of discrimination in the workplace8. Prohibition of discrimination in trade unions and employerassociationsSub - Part D. Freedom of Association9. Employee's right to freedom of association10. Employer's right to freedom of association11. Rights of trade unions and employers' associationsPART IIIEMPLOYMENT STANDARDSSub-Part A - Preliminary12. Application of this Part13. Employment standards14. Contracts with employees15. Written statement of particulars16. Informing employees of their rights12 No. 6Employment and Labour Relations2004Sub-Part B - Hours of Work17. Application of this Sub-Part18. Interpretation19. Hours of work20. Night work2 1. Compressed working week22. Averaging hours of work23. Break in working day24. Daily and weekly rest periods25. Public holidaysSub-Part C- Remuneration26. Calculation of wage rates27. Payment of remuneration28. Deductions and other acts concerning remunerationSub-Part D - Leave29. Application of this Sub-Part30. Interpretation of this Sub-Part31. Annual leave32. Sick leave33. Maternity leave34. Paternity leave and other forms of leaveSub - Part E - Unfair Termination of Employment35. Application of this Sub-Part36. Interpretation37. Unfair termination38. Termination based on operational requirements39 Proof of unfair termination proceedings40. Remedies for unfair terminationSub-Part F- Other Incidents of Termination41. Notice of termination42. Severance pay43. Transport to place of recruitment44. Payment on termination and certificates of employmentPART IVTRADE UNIONS, EMPLOYER ASSOCIATIONS AND FEDERATIONS45. Obligation to register46. Requirements for registrationNo. 6Employment and Labour Relations2004 347. Constitutional requirements48. Process of registration49. Effect of registration50. Change of name or constitution51. Accounts and audits52. Duties of registered organisations and federations53. Non-compliance with constitution54. Amalgamation of registered organisations and federations55. Cancellation of registration56. Dissolution of trade union or employe's association57. Appeals from decisions of the Registrar58. Publication in the GazettePART VORGANISATIONAL RIGHTS59. Interpretation60. Access to employer's premises61. Deduction of trade union dues62. Trade union representation63. Leave for trade union activities64. Procedure for exercising organisational rights65. Termination of organisational rightsPART VICOLLECTIVE BARGAINING66. Interpretation67. Recognition as exclusive bargaining agent of employees68. Duty to bargain in good faith69. Withdrawal of recognition70. Obligation to disclose relevant information71. Binding nature of collective agreements72. Agency shop agreements73. Workers' participation agreements74. Disputes concerning collective agreementsPART VIISTRIKES AND LOCKOUTS75. Right to strike and lockout76. Restrictions on the right to strike and lockout77. Essential Services78. Disputes of interest in essential services79. Minimum services during a strike or lockout4 No. 6Employment and Labour Relations200480. Procedure for engaging in a lawful strike8 1. Procedure for engaging in a lawful secondary strike82. Procedure for engaging in a lawful lockout83. Nature of protection for a lawful strike or lockout84. Strikes and lockouts not in compliance with this Part85. Protest actionPART VIIIDISPUTE RESOLUTIONSub-Part A - Mediation86. Referral of disputes for mediation under this Act87. Consequences of not attending a mediation hearingSub-Part B - Arbitration88. Resolving disputes by compulsory arbitration89. Effect of arbitration award90. Correction of arbitration award91. Revision of arbitration award92. Application of Arbitration Ordinance93. Voluntary arbitrationSub-Part C- Adjudication94. Jurisdiction of the Labour CourtSub-Part D - Dispute Procedures in Collective Agreements95. Dispute resolution procedures in collective agreementsPART XGENERAL PROVISIONS96. Records to be kept by employers and employees97. Service of documents98. Regulations99. Guidelines and codes of good practice100. Exemptions101. Confidentiality102. Penalties103. Repeal and amendment of laws and savings provisionsSCHEDULESFirst Schedule Table for calculation of comparable wage ratesRepeal of lawsSecond ScheduleThird Schedule Savings and transitional provisions6 No. 6Employment and Labour Relations2004(2) The Minister may, after consultation with the Council and therelevant Minister responsible for the service or services excluded undersubsection (1) of this section, by notice publish in the Gazette, deter-mine the categories of employees employed in the said services whomay be excluded services to whom this Act may apply.(3) The provisions of sections 5, 6 and 7 shall apply to members ofthe forces and services referred to in subsection (1).3. The principal objects of this Act shall be -Objects(a) to promote economic development through economic efficiency,productivity and social justice;(b) to provide the legal framework for effective and fair employ-ment relations and minimum standards regarding conditions ofwork;(c) to provide a framework for voluntary collective bargaining;(d) to regulate the resort to industrial action as a means to resolvedisputes;(e) to provide a framework for the resolution of disputes by media-tion, arbitration and adjudication;(f) to give effect to the provisions of the Constitution of the UnitedRepublic of Tanzania of 1977, in so far as they apply toemployment and labour relations and conditions of work; and(g) generally to give effect to the core Conventions of theInternational Labour Organisation as well as other ratifiedconventions.4. In this Act, unless the context requires otherwise-Interpre-tationAct No. 7''arbitrator'' means an arbitrator appointed under section 19 of the of 2004Labour Institutions Act, 2004;''basic wage'' means that part of an employee's remuneration paid inrespect of work done during the hours ordinarily worked but doesnot include-(a) allowances, whether or not based on the employee's basic wage;(b) pay for overtime worked in terms of section 19(5);No. 6Employment and Labour Relations2004 7(c) additional pay for work on a Sunday or a public holiday; or(d) additional pay for night work as required under section 20(4);''child'' means a person under the age of 14 years; provided that for theemployment in hazardous sectors, child means a person under theage of 18 years;''collective agreement'' means a written agreement concluded by aregistered trade union and an employer or registered employers'association on any labour matter;''Commission'' means the Commission for Mediation and Arbitration Act No. 7of 2004 established under section 12 of the Labour Institutions Act, 2004;cc complaint'' means any dispute arising from the application, interpreta-tion or implementation of-(a) an agreement or contract with an employee;(b) a collective agreement;(c) this Act or any other written law administered by theMinister;Act No.(d) Part VII of the Merchant Shipping Act, 2003;21 of2003''Council'' means the Labour, Economic and Social Council established Act No. 7of 2004 under section 3 of the Labour Institutions Act, 2004;''dispute''-(a) means any dispute concerning a labour matter between anyemployer or registered employers' association on the onehand, and any employee or registered trade union on theother hand; and(b) includes an alleged dispute;''dispute of interest'' means any dispute except a complaint;''employee'' means an individual who-(a) has entered into a contract of employment; or(b) has entered into any other contract under which-(i) the individual undertakes to work personally for theother party to the contract; and2004Employment and Labour Relations8 No. 6(ii) the other party is not a client or customer of any pro-fession, business, or undertaking carried on by theindividual; or(c) is deemed to be an employee by the Minister under section98(3);''employer'' means any person, including the Government and anexecutive agency, who employs an employee;''employer'' association'' means any number of employers associatedtogether for the purpose, whether by itself or with other purposes, ofregulating relations between employers and their employees or thetrade unions representing those employees;''Essential Services Committee'' means the Essential Services Act No. 7of 2004Committee established under section 29 of the Labour Institutions Act, 2004;''federation'' means either an association of trade unions or an associa-tion of employers' associations;''Labour Commissioner'' means the Labour Commissioner appointed Act No. 7of 2004under section 43(l) of the Labour Institutions Act, 2004;''Labour Court'' means the Labour Division of the High Court estab-lished under section 50 of the Labour Institutions Act, 2004;''Labour matter'' means any matter relating to employment or labour relations;''lockout'' means a total or partial refusal by one or more employers toallow their employees to work, if that refusal is to compel them toaccept, modify or abandon any demand that may form the subjectmatter of a dispute of interest;''mediator'' means a mediator appointed under section 19 of the Labour Act No. 7of 2004Institutions Act, 2004;''Minister'' means the Minister for the time being responsible forlabour;''operational requirements'' means requirements based on the econo-mic, technological, structural or similar needs of the employer;''organization'' means a trade union or an employers' association;''protest action'' means a total or partial stoppage of work by emplo-yees for the purpose of promoting or defending the socio-economicinterests of workers but not for a purpose-(a) referred to in the definition of strike; or(b) a dispute in respect of which there is a legal remedy;Employment and Labour Relations2004 9 No. 6''registered organization'' means a registered trade union or registeredemployers' association;''Registrar'' means the Registrar appointed under section 43(2) of the Act No. 7of 2004 Labour Institutions Act, 2004;''reinstatement'' means that the contract of employment has revivedwith all its incidents and that the employee is entitled to all his rightsduring the period of absence from actual service;''remuneration'' means the total value of all payments, in money or inkind, made or owing to an employee arising from the employmentof that employee;''strike'' means a total or partial stoppage of work by employees if thestoppage is to compel their employer, any other employer, or anemployers' association t o which the employer belongs, to accept,modify or abandon any demand that may form the subject matter ofa dispute of interest;''trade union'' means any number of employees associated together forthe purpose, whether by itself or with other purposes, of regulatingrelations between employees and their employers or the employers'associations to which the employers belong.PART IIFUNDAMENTAL RIGHTS AND PROTECTIONSSub-Part A - Child LabourProhibi-5.-(1) No person shall employ a child under the age of fourteention of years.child]labour(2) A child of fourteen years of age may only be employed to do lightwork, which is not likely to be harmful to the child's health and development; and does not prejudice the child's attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child's capacity to benefitfrom the instruction received.(3) A child under eighteen years of age shall not be employed in amine, factory or as crew on a ship or in any other worksite includingnon-formal settings and agriculture, where work conditions may be considered hazardous by the Minister. For the purpose of this subsection, ''ship'' includes a vessel of any description used for navigation..2004Employment and Labour Relations 10 No. 6(4) No person shall employ a child in employment-(a) that is inappropriate for a person of that age;(b) that places at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.(5) Notwithstanding the provisions of subsection (3), any written law regulating the provisions of training may permit a child under the age of eighteen to work-(a) on board a training ship as part of the child's training;(b) in a factory or a mine if that work is part of the child's training.(c) in any other worksites on condition that the health, safety and morals of the child are fully protected and that the child has received or is receiving adequate specific instruction or vocational training in the relevant work or activity.(6) The Minister shall make regulations-(a) to prohibit, or place conditions on the employment of children under eighteen years of age;(b) to determine the forms of work referred to in sub-section (4)of this Act and to make provision for the regular revision and updating of the list of hazardous forms of work.(7) It is an offence for any person-(a) to employ a child in contravention of this section;(b) to procure a child for employment in contravention of this section.(8) In any proceedings under this section, if the age of the child is in issue, the burden of proofing that it was reasonable to believe, after investigation, that the child was not underage for the purposes of this section shall lie on the person employing or procuring the child for employment.Sub-Part B - Forced Labour Probibi- 6.-(1) Any person who procures, demands or imposes forced labour, commits an offence.tion of forced labourEmployment and Labour RelationsNo. 62004 11(2) For the purposes of this section, forced labour includes bondedlabour or any work exacted from a person under the threat of apenalty and to which that person has not consented but does notinclude-(a) any work exacted under the National Defence Act, 1966 forwork of a purely military character;Act No. 24 of 1966(b) any work that forms part of the normal civic obligations of acitizen of the United Republic of Tanzania;(c) any work exacted from any person as a consequence of aconviction in a court of law, provided that the work is carriedout under the supervision and control of a public authority andthat the person is not hired to, or placed at, the disposal ofprivate persons;(d) any work exacted in cases of an emergency or a circumstancethat would endanger the existence or the well-being of thewhole or part of the population;(e) minor communal services performed by the members of acommunity in the direct interest of that community after con-sultation with them or their direct representatives on the needfor the services.Sub-Part C: DiscriminationProhibi-7.-(1) Every employer shall ensure that he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice.tion of discrimi-nation in the work-(2) An employer s hall register, with t he Labour Commissioner, aplan to promote equal opportunity and to eliminate discrimination inthe work place.(3) The Labour Commissioner may require an employer-(a) to develop a plan prescribed in subsection (2); and(b) to register the plan with the Commissioner.(4) No employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of the following grounds:place(a) colour;(b) nationality;(c) tribe or place of origin;(d) race;(c) national extraction;(f) social origin;(g) political opinion or religion;(h) sex;(i) gender;(j) pregnancy;(k) marital status or family responsibility;(1) disability;(m) HIV/Aids;(n) Age; or(o) station of life.(5) Harassment of an employee shall be a form of discriminationand shall be prohibited on any one, or combination, of the grounds pre-scribed in subsection (4).(6) It is not discrimination -(a) to take affirmative action measures consistent with thepromotion of equality or the elimination of discrimination inthe workplace;(b) to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job; orAct No. 9of 1999(c) to employ citizens in accordance with the NationalEmployment Promotion Services Act, 1999,(7) Any person who contravenes the provisions of subsections (4)and (5), commits an offence.(8) In any proceedings-(a) where the employee makes out a prima facie case of discri-mination by the employer on any of the grounds prescribedin subsection (4), it shall be the duty of the employer toprove-(i) that the discrimination did not take place as alleged; or(ii) that the discriminatory act or omission is not based on any of those grounds; or(b) employer shall prove a defence in terms of subsection (6) ifthe discrimination did take place on a ground stipulated insubsection (5);(c) the Labour Court or arbitrator, as the case may be, shall takeinto account any plan registered with the LabourCommissioner under this section.(9) For the purposes of this section-(a) ''employer'' includes an employment agency;(b) ''employee'' includes an applicant for employment;(c) an ''employment policy or practice'' includes any policy orpractice relating to recruitment procedures, advertising andselection criteria, appointments and the appointment process,job classification and grading, remuneration, employmentbenefits and terms and conditions of employment, jobassignments, the working environment and facilities, trainingand development, performance evaluation systems,promotion transfer, demotion, termination of employmentand disciplinary measures.(10) For the avoidance of doubt every employer shall take positive steps to guarantee equal remuneration for men and women for work of equal value.8.-(1) No trade union or employers' association shall discriminate, directly or indirectly, against any of the grounds prescribed in subse-ction (4) of section 7-Prohibi-tion ofdiscrimi-nation in trade(a) in its admission, representation or termination of membership;unionsand (b) in any employment policy or practice prescribed in sub-section employerassocia-(9) of section 7;tions (c) in any collective agreement.Employment and Labour Relations2004 14 No. 6(2) Any person who contravenes the provisions of subsection (1),commits an offence.Sub-Part D - Freedom Of Association9.-(1) Every employee shall have the right-Emplo-yee's rightto freedomof asso-(a) to form and join a trade union;ciation(b) to participate in the lawful activities of the trade union.(2) Notwithstanding the provisions of subsection (1)-(a) a magistrate may only form or join a trade union that restrictsits membership to judicial officers;(b) a prosecutor may only form or join a trade union that restrictsits membership to prosecutors or other court officials;(c) a senior management employee may not belong to a tradeunion that represents the non-senior management employeesof the employer.(3) No person shall discriminate against an employee on the groundsthat the employee-(a) exercises or has exercised any right under this Act or anyother written law administered by the Minister;(b) belongs to or has belonged to a trade union; or(c) participates or has participated in the lawful activities of atrade union.(4) No person shall discriminate against an official of an officebearer of a trade union or federation for representing it or participatingin its lawful activities.(5) Any person who contravenes the provisions of subsections (3)and (4), commits an offence.(6) For the purposes of this section -No. 6Employment and Labour Relations2004 15(a) ''employee'' includes an applicant for employment;(b) ''senior management employee'' means an employee who, byvirtue of that employee's position-(i) makes policy on behalf of the employer; and(ii) is authorised to conclude collective agreements on behalf ofthe employer.10.-(1) Every employer shall have the right-Emplo-yer's rightto free-(a) to form and join an employer's association;dom ofassocia-(b) to participate in the lawful activities of an employers'tion association,(2) No person shall discriminate against an employer on the groundsthat the employer-(a) exercises or has exercised a right under the Act;(b) belongs or has belonged to an employees Association;(c) participates or has participated in the lawful activities of anemployers' association.(3) No person shall discriminate against an official or office bearerof an employer's association or federation for representing it or parti-cipating in its lawful activities.(4) Any person who contravenes the provisions of subsections (2)and (3), commits any offence.11. Every organisation has the right to-Rights oftradeunions (a) determine its own constitution;andemplo-(b) plan and organise its administration and lawful activities;yers' asso-(c) join and form a federation;ciations(d) participate in the lawful activities of a federation;(e) affiliate with, and participate in the affairs of any internationalworkers' organisation or international employers' organisationEmployment and Labour Relations 200416 No. 6or the International Labour 0rganisation, and to contribute to, orreceive financial assistance from those organisations.PART IIIEmPLOYMENT STANDARDSSub-Part A - Preliminary12.-(1) Subject to the provisions of subsection (2), the provisions of Sub-Parts A to D and F shall not apply to seafarers whose terms andconditions of employment are regulated under the Merchant Shipping Act, 2003.Applica-tion of this Part (2) Notwithstanding the provisions of subsection (1), the provisionsof this Part apply to seafarers who work on fishing vessels and shall be to the extent that in the event there is any conflict between the provisions of this Act and the Merchant Shipping Act and its regula-tions, the provisions of this Act shall prevail.Act No.21 of 2003Act No.(3) Where the provisions of any written law relating to vocationaltraining regulates an employment standard stipulated in section 13(l)of this Act, the provisions of that other law shall apply.21 of 200311.-(1) A provisions of this Act on wage determination thatstipulates a minimum term and condition of employment shall be an employment standard.Emplo-yment Standards(2) An employment standard constitutes a term of a contract with anemployee unless -(a) a term of the contract contains a term that is more favourable tothe employee;(b) a provision of an agreement alters the employment standard tothe extent permitted by the provisions of this Part;(c) a provision of any collective agreement, a written law regulatingemployment, wage determination or exemption granted undersection 100 alters the employment standard.14.-(1) A contract with an employee shall be of the following Contractstypes-with emplo-yeesEmployment and Labour RelationsNo. 62004 17(a) a contract for an unspecified period of time;(b) a contract for a specified period of time for professionals andmanagerial cadre,(c) a contract for a specific task.(2) A contract with an employee shall be in writing if the contract provides that the employee is to work outside the United Republic of Tanzania.15.-(1) Subject to the provisions of subsection (2) of section 19, an employer shall supply an employee, when the employee commences employment, with the following particulars in writing, namely -Written staternent of parti-culars(a) name, age, permanent address and sex of the employee;(b) place of recruitment;(c) job description;(d) date of commencement-(e) form and duration of the contract;(f) place of work;(g) hours of work;(h) remuneration, the method of its calculation, and details of anybenefits or payments in kind, and(i) any other prescribed matter.(2) If all the particulars referred to in subsection (1) are stated in a written contract and the employer has supplied the employee with that contract, then the employer may not furnish the written statement referred to in section 14.(3) If an employee does not understand the written particulars, the employer shall ensure that they are explained to the employee in a manner that the employee understands.(4) Where any matter stipulated in subsection (1) changes, the employer shall, in consultation with the employee, revise the written particulars to reflect the change and notify the employee of the change in writing.2004Employment and Labour Relations 18 No. 6(5) The employer shall keep the written particulars prescribed in subsection (1) for a period of five years after the termination of employment.(6) If in any legal proceedings, an employer fails to produce a written contract or the written particulars prescribed in subsection (1),the burden of proving or disproving an alleged term of employment stipulated in subsection (1) shall be on the employer.(7) The provisions of this section shall not apply to an employee who works less than 6 days in a month for an employer.16. Every employer shall display a statement in the prescribed form of the employee's rights under this Act in a conspicuous rmingemployeesof theirrightsSub-Part B - Hours of work 17.-(1) The provisions of this Sub-Part shall not apply to emplo-yees who manage other employees on behalf of the employer and who report directly to a senior management employee specified in section 9(6)(b).Applica-tion of this Sub-Part(2) The provisions of sections 19(l), 19(3) and 23(l), 24(l) and 25(l) shall not apply to work in an emergency which cannot be performed by employees during their ordinary hours of work.18. For the purposes of this Sub-Part-Interpre-tation (a) ''day'' means a period of 24 hours measured from the timewhen the employee normally starts work, and ''daily'' has a corresponding meaning;(b) ''overtime'' means work over and above ordinary hours ofwork;(c) ''week'' means a period of seven days measured from the daythe employee normally starts the working week and ''weekly''has a corresponding meaning.。
去肯尼亚工作注意事项
去肯尼亚工作注意事项去肯尼亚工作需要注意以下几个方面的事项：1. 理解当地文化和习俗：肯尼亚是一个多民族、多文化的国家，了解和尊重当地的文化和习俗是非常重要的。
肯尼亚人对礼节非常重视，要注意自己的言行举止，尊重当地人的习俗和传统。
2. 办理合法工作签证：在肯尼亚工作，首先需要办理合法的工作签证。
可以根据不同的工作类型选择不同的签证类别，如劳工签证、工作许可等。
办理工作签证需要与就业机构合作，并遵守当地法律法规。
3. 深入了解工作环境和待遇：在肯尼亚工作的待遇和工作环境可能与自己熟悉的国家有所不同。
在接受工作之前，要详细了解公司的背景、文化以及员工的待遇和福利，确保自己可以适应当地的工作环境。
4. 学习当地语言：肯尼亚有多个官方语言，如斯瓦希里语和英语。
尽量学习一些当地语言，可以帮助你更好地融入当地的工作和生活。
此外，英语也是国际通用语言，如果你英语水平较好，可以更好地与同事、客户进行沟通。
5. 注意安全问题：肯尼亚的安全形势相对复杂，一些地区存在恐怖活动和犯罪问题。
在前往肯尼亚工作前，要详细了解当地的安全情况，并采取相应的措施确保自己的安全。
遵守当地的安全规定，避免前往危险区域，可以与当地的安全机构保持联系，并随时关注安全动态。
6. 健康保健和医疗保险：在肯尼亚工作期间，要确保自己的身体健康和医疗保险的覆盖。
肯尼亚的医疗条件相对有限，在一些地区可能缺乏高水平的医疗资源。
提前购买一份全面的医疗保险，并了解当地的医疗机构和医疗服务的质量。
7. 了解当地劳工法和税收政策：在肯尼亚工作，要了解当地的劳工法和税收政策。
遵守当地的劳动法律，保护自己的权益。
了解当地税收政策，正确申报纳税，并了解是否有适用于外籍劳工的税收减免政策。
8. 尊重当地风俗和习惯：尊重当地的风俗和习惯是非常重要的，包括饮食习惯、宗教信仰等。
要尊重当地人的信仰，不得进行任何恶意攻击或歧视。
9. 与当地人建立良好的人际关系：与当地人建立良好的人际关系可以帮助你更好地融入当地社区和工作环境。
肯尼亚劳动法保护童工、反歧视、争议解决、反强迫劳动
6. 童工与强迫劳动：童工标准、保护机制和强迫劳动强迫劳动：任何人不得强迫劳动，也不得帮助他人聘用、买卖或使用强迫劳动力。
“强制劳动或强迫劳动”不包括以下情况：任何因法律强制服兵役而导致的纯军事性工作或服务，但武装冲突中对儿童的强制或强迫招聘应视为强制或强迫劳动；任何作为肯尼亚公民的正常公民义务一部分的工作或服务；法院对任何人定罪导致的劳动或服务，该劳动或服务由公共机构监管和控制，且此人不得由私人个体、公司或社团雇佣或控制；任何紧急情况导致的工作或服务，如战争、自然灾害或存在灾害危险的任何会威胁到全部或部分人口生存的情况；以及在社区成员或社区代表经过商议的前提下，由社区成员为社区的直接利益而做的少数社区服务。
违反本部分规定者属于犯罪行为，应被判处不高于50万先令的罚款和/或不超过2年的监禁。
童工：52. 解释：在本部分中，除文本另有规定——“雇佣”指在以下情况中雇佣儿童：(a)儿童作为某人的助理而提供劳动，且为了获得报酬的目的该儿童的劳动被视作该另一人的劳动；(b)儿童的劳动是为了任何个人或组织的收益，无论该儿童从中直接或间接地获利；(c)存在劳务合同，提供劳务的一方为儿童，无论用工方是直接或通过中介订立的合同。
53.最恶劣童工形式(1)无论成文法如何规定，任何人不得在构成最恶劣童工形式的活动中雇佣童工(2)劳动部部长应当与委员会协商制定法规，规定条款(1)适用于任何对儿童健康、安全或道德有害的工作、活动或劳动合同。
54.向劳工处官员或警察举报(1)如认为有儿童被雇佣于构成最恶劣童工形式的活动中，可向检查员级别及以上的劳工处官员或警察进行举报。
(2)一旦收到(1)条款下的举报，劳工处官员或警察须在7天内对举报进行调查，并向举报者和劳动部部长提交调查发现。
(3)若劳工处官员或警察在(2)条款的情况下认为没有必要进行调查，应以书面形式通知举报人和劳动部部长，并说明理由。
(4)无论是否有(2)条款的举报情况，在构成最恶劣童工形式的工作中雇佣童工应构成本法第64条下或任何其他成文法下可处罚的犯罪，但一罪不二罚。
跨国公司员工劳动的法律要求资深律师解读
跨国公司员工劳动的法律要求资深律师解读劳动法是保障员工权益的法律基础。
对于跨国公司来说，其员工可能面临不同的法律要求和劳动标准。
在本文中，我们将邀请一位资深律师，对跨国公司员工劳动的法律要求进行解读。
一、双重法律要求跨国公司的员工劳动关系往往涉及两个国家的法律。
一方面，跨国公司总部所在国的劳动法对其员工具有适用；另一方面，员工工作地所在国的劳动法也会对其权益产生约束。
这就意味着，跨国公司需要同时遵守两个国家的法律要求。
在解决双重法律要求时，公司和员工应注意以下几点：1. 惯例法与合同法的适用在某些国家，劳动法并不明确规定特定的劳动标准，而是依赖于惯例法和合同法。
这就要求公司和员工在签订劳动合同时，要明确约定双方的权益和责任。
2. 跨国公司政策的制定为了确保跨国公司在各个国家遵守法律要求，公司需要制定统一的劳动政策，包括但不限于工资支付、工时管理、休假制度等方面。
这样一来，员工可以清楚地知道自己的权益和责任，并且公司也能够更好地管理和遵守各国法律。
3. 法律合规团队的建设跨国公司应当成立法律合规团队，负责解读和跟进各国法律的变动，并将其应用于公司的劳动关系中。
这样可以及时调整公司政策和程序，以确保员工权益得到最大限度的保障。
二、员工权益的保障1. 安全和健康权益不论跨国公司的员工在哪个国家工作，安全和健康权益都是不容忽视的。
根据各国法律要求，公司需要提供安全的工作环境、合理的劳动条件以及健康保护措施。
员工也有权在工作环境危险或存在健康风险时，提出相关的意见和要求。
2. 工资和福利权益工资和福利权益是员工最关注的问题之一。
公司需要根据各国法律规定支付员工应得的工资，并提供合理的福利待遇，如医疗保险、养老金等。
同时，企业还应确保工资发放透明公正，避免出现拖欠或不合法扣减工资的情况。
3. 工时和休假权益各国法律对工时和休假的规定不尽相同，因此跨国公司需要根据员工所在国家的法律要求合理安排工时和休假制度。
肯尼亚劳动法律与我国劳动法律存在的差异研究
肯尼亚劳动法律与我国劳动法律存在的差异研究随着全球化的深入发展，越来越多的跨国企业涌入各个国家，使得各国之间的商业合作及贸易往来空前增加。
在这样的背景下，必然激发出对不同国家的劳动法律的研究与比较。
作为一个典型的非洲国家，肯尼亚的劳动法律与我国的劳动法律存在着一定的差异。
本文旨在对这些差异进行深入剖析，以期更全面深入地认识不同国家的劳动法律体系。
一、肯尼亚劳动法律体系的基本特点：在肯尼亚，劳动法律包含了一系列国家法律、政策、规章以及行业协议等等。
总体而言，肯尼亚的劳动法律与我国劳动法律存在着很大的不同。
首先，肯尼亚的劳动法律并不包括像我国那样明确的劳动合同法律制度，取而代之的是对员工和雇主权利关系的规定。
此外，在肯尼亚，劳动法律的同一品牌的不同要素由不同部门掌管，导致了标准化低，难以有效维护员工和雇主的权益。
其次，在肯尼亚，员工的社会保障门槛较低，仅仅涵盖了不到70%的劳动力，在这种情况下，员工的福利待遇相当有限。
此外，肯尼亚官方休假制度非常简略，每年最多只有21天的带薪年假，这与我国的劳动法规定相差很大。
同时，肯尼亚的劳动法律还规定了取消出勤积分制度，这实际上与我国的每月出勤工资相呼应。
当然，同样是基于对员工权益的维护，肯尼亚维持了数个工会，但工会的权利尺度较小，远不如我国出色。
二、我国劳动法律体系的基本特点:我国的劳动法律体系主要由中央政府法律、行政法规、统一劳动合同以及地方性规章等构成，它与肯尼亚的劳动法律体系有着很大的不同。
相较于肯尼亚，我国的劳动合同法律非常明确，同时还拥有劳动标准法规，如《工时管理的暂行规定》等等。
在个人劳动关系方面，我国的劳动法律明显要比肯尼亚更加清晰明了，规定了最低工资、工作时间、工作条件以及社会保障等等。
此外，劳动保障制度的门槛也比肯尼亚较高，实现了对员工的更全面保护。
社会保障制度方面，我国从1990年开展了保险全国统一制度的改革，使得员工都能享受到类似于住房公积金制度和医疗保险统一规则的好处。
劳动法对雇佣外国劳工的要求
劳动法对雇佣外国劳工的要求劳动力的国际流动已经成为全球化时代的常态。
随着全球经济的发展和国际间合作的增强，越来越多的国家都开始聘用外国劳工来满足劳动力需求。
然而，雇佣外国劳工也面临着一系列的挑战和要求。
为了保护外国劳工的权益，并确保劳动关系的公平合理，各国的劳动法对雇佣外国劳工都有着一定的要求和规定。
一、平等就业机会根据劳动法的要求，雇佣外国劳工应当与本国劳工享有平等的就业机会。
雇主不得因为外国劳工的国籍、种族、宗教信仰等特征而歧视其在就业领域的权益。
在招聘、录用和晋升过程中，雇佣外国劳工应当同样遵循公正、公平的原则，依据相关的能力和资质进行评判。
二、合法合规就业劳动法强调雇佣外国劳工必须合法合规。
即外国劳工应当具备合法的就业身份，且符合国家法律法规对外国劳工的入境、居留和工作的规定。
雇主应当核实外国劳工的身份证明文件，并记录相关信息，以确保雇佣关系的合法性。
同时，雇主还需要保证外国劳工遵守国家法律法规，并履行相应的税务和社会保险义务。
三、合理工资和福利待遇劳动法要求雇主要支付外国劳工合理的工资和提供合理的福利待遇。
工资应当根据工作性质、工作地点和工作时间等因素进行合理计算，不得低于最低工资标准。
同时，雇主还应当为外国劳工提供必要的职业健康和安全保护，确保工作环境符合相应标准，避免可能存在的劳动风险。
四、合法权益保护雇佣外国劳工的劳动合同应当符合法律的规定，并明确双方的权益和义务。
合同内容应当包括工作内容、工作地点、工作时间、工资支付方式、福利待遇、合同期限等。
同时，雇主需要向外国劳工提供必要的工作许可证明、居留证明和社会保险等文件，以保护外国劳工的合法权益。
五、平等保护和协商机制劳动法要求雇主和外国劳工在劳动关系中享有平等的保护和协商机制。
雇主应当尊重外国劳工的权益，不得剥夺其工资、福利和休假等权益。
同时，劳动法也要求建立公正、公平的劳动纠纷解决机制，以解决在合同履行中可能存在的纠纷或争议。
六、文化适应与培训雇佣外国劳工的单位应当为其提供必要的文化适应和培训服务，帮助其熟悉和适应当地的工作环境和生活方式。
坦桑尼亚劳动法
12.-(1) Subject to the provisions of subsection (2), the provisions of Sub-Parts A to D and F shall not apply to seafarers whose terms and conditions of employment are regulated under the Merchant Shipping Act, 2003.遵从本章第（2）小节的规定，即从A到D部分的规定及F部分规定，但是这些规定不适用于船员，船员的雇用条款和雇用条件遵从商船法，2003。
(2) Notwithstanding the provisions of subsection (1), the provisions of this Part apply to seafarers who work on fishing vessels and shall be to the extent that in the event there is any conflict between the provisions of this Act and the Merchant Shipping Act and its regula- tions, the provisions of this Act shall prevail.（2）尽管有第（1）节的规定，本部分适用于工作在渔船上的船员，并一定程度上如果本法案和商船法有冲突的话，本法案占第一位。
(3) Where the provisions of any written law relating to vocational training regulates an employment standard stipulated in section 13(l) of this Act, the provisions of that other law shall apply.（3）在本章13(l)出现的任何旨在规范就业标准的，书面的职业培训法律条款条款，这样的规定也适用于本法律规定。
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参照依据：The Employment Act 20071.招聘1.1试用期1.1.1签订试用期合同1.1.2试用期时间：最长不能超过六个月，若任要延长需与雇员签订协议，可延长最多不超过六个月。
1.1.3试用期间合同的终止：任何一方在试用期间可若需终止合同可向对方发出不少于7天的合同终止通知或赔付与七天工资相等的金额。
详见就业法：第42条Termination of probationary contracts.（2）A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with theagreement of the employee.(3) No employ shall employ an employee under a probationary contract formore than the aggregate period provided under subsection (2).(4) A party to a contract for a probationary period may terminate the contractby giving not less than seven days’ notice of termination of the contract, orby payment, by the employee, of seven days’ wages in lieu of notice.1.2 临时工：1.2.1 合同最短为一天，连续工作6个月后，若双方同意可在进行6个月适用。
1.2.2 临时工在连续工作六天后应享有一天的带薪休假且任何公共假日和带薪休假都将算为连续工作的一部分。
详见就业法：第37条Conversion of casual employment to term contract.(2) A causal employee shall be deemed to be entitled to one paid rest dayafter a continuous six days working period and such rest day or any publicholiday which falls during the period under consideration shall be countedas part of continuous working days.2. 雇佣期：2.1 年假：雇员在连续工作了12个月后可享受不少于21个工作日的带薪休假。
或雇员连续工作两个月后可享受每个月不少于1.75天的带薪休假。
年假可连休21个工作日也可分期休假。
详见：第28条Annual leave(1)An employee shall be entitled-(a)after every twelve consecutive months of service with his employerto not less than twenty-one working days of leave with full pay;(b)where employment is terminated after the completion of two ormore consecutive months of service during any twelve months’leave-earning period, to not less than one and three-quarter days ofleave with full day, in respect of each completed month of service inthat period, to be taken consecutively.2.2 病假：雇员连续工作两个月后可享受不少于7天的带薪病假。
在下一个7天中可享受半带薪休假。
(需提供请假条)详见：第30条Sick Leave(1)After two consecutive months of service with his employer, an employeeshall be entitled to sick leave of not less than seven days with full pay andthereafter to sick leave of seven days with half pay, in each period oftwelve consecutive months of service, subject to production by theemployee of a certificate of incapacity to work signed by a duly qualifiedmedical practitioner or a person acting on the practitioner’s behalf incharge of a dispensary or medical aid centre.3. 解除合同3.1 公司应无法提供职位而导致的裁员解聘程序：1. 按月发工资的员工提前一个月发NOTICE半月发一次工资的员工提前半月发NOTICE以此类推。
2. 每满一年员工应享受不少于21个工作日的年假，若没休假将获得21个工作日等同的工资。
3. 当月应得工资4. 雇员每工作满一年获得等同于15个工作日工资的赔偿。
5. 若雇员要求，须出具工作证明。
6. Leave,若已经带薪休假则没有3.2 应不满意其工作而解聘。
解聘程序：1. 按月发工资的员工提前一个月发NOTICE半月发一次工资的员工提前半月发NOTICE以此类推。
2. 每满一年员工应享受不少于21个工作日的年假，若没休假将获得21个工作日等同的工资。
3. 当月应得工资4. 若雇员要求，须出具工作证明。
5. Leave,若已经带薪休假则没有3.3 即时解除雇佣（Summary Dismissal）解聘原因：1. 雇员违反工作职责2.没有合法原因而旷工。
3.上班时间醉酒或吸毒且无法完成其工作4.雇员不愿意履行期工作5.对雇主或任何人使用辱骂语言或不礼貌行为6.雇员拒绝履行雇主或任何授权人所发出的在其工作范围内的合法指令7.工作期间有任何违法犯罪且有确凿证据。
8.Leave,若已经带薪休假则没有详见：劳动法第44条Summary Dismissal(1)Summary dismissal shall take place when an employer terminates theemployment of an employee without notice or with less notice than that towhich the employee is entitled by any statutory provision or contractualterm.(2)Subject to the provisions of this section, no employer has the right toterminate a contract of service without notice or with less notice than that towhich the employee is entitled by any statutory provision or contractual term.(3)Subject to the provisions of this Act, an employer may dismiss an employeesummarily when the employee has by his conduct indicated that he has fundamentally breached his obligations arising under the contract of service.(4)Any of the following matters may amount to gross misconduct so as to justifythe summary dismissal of an employee for lawful cause, but the enumeration of such matters or the decision of an employer to dismiss an employee summarily under subsection (3) shall not preclude an employer or an employee from respectively alleging or disputing whether the facts giving rise to the same, or whether any other matters not mentioned in this section, constitute justifiable or lawful grounds for the dismissal if:(a)Without leave or other lawful cause, an employee absents himself fromthe place appointed for the performance of his work;(b)during working hours, by becoming or being intoxicated, an employeerenders himself unwilling or incapable to perform his work properly;(c)an employee willfully neglects to perform any work which it was his dutyto perform, or if he carelessly and improperly performs any work whichfrom its nature it was his duty, under his contract, to have performedcarefully and properly;(d)an employee uses abusive or insulting language, or behaves in a mannerinsulting, to his employer or to a person placed in authority over him byhis employer;(e)an employee knowingly fails, or refuses, to obey a lawful and propercommand which it was within the scope of his duty to obey, issued by hisemployer or a person placed in authority over him by his employer.(f)in the lawful exercise of any power of arrest given by or under anywritten law, an employee is arrested for a cognizable offence punishableby imprisonment and is not within fourteen days either released on bailor on bond or otherwise lawfully set at liberty; or(g)in the lawful exercise of any power of arrest given by or under anywritten law, an employee is arrested for a cognizable offence punishableby imprisonment and is not within fourteen days either released on bailor on bond or otherwise lawfully set at liberty; or(h)an employee commits, or on reasonable and sufficient grounds issuspected of having committed, a criminal offence against or to thesubstantial detriment of his employer or his employer’s property.解聘程序：1.发Notice of Summary Dismissal，立即解除雇佣。