Salient Features of the Amendments to the Employment (Amendment) Act 2022
Salient Features of the Amendments to the Employment (Amendment) Act 2022
The Employment (Amendment) Act 2022 was signed into law on April 4, 2022, by His Excellency the President of Kenya. These changes took effect on April 22, 2022.
Key Amendments:
- Ease of Application Process:
- Employers no longer require job applicants to produce clearance and compliance certificates, such as certificates of good conduct, EACC clearance, and HELB clearance, at the initial point of a job application.
- This amendment aims to alleviate the financial burden on job applicants, particularly young, destitute youth, who previously had to spend around KES 6,000 to acquire these certificates.
- Free Clearance and Compliance Certificates:
- The fees for applying for clearance and compliance certificates have been eliminated. It is now free to apply for these certificates from relevant institutions like HELB.
- Public Service Applicants:
- Applicants for public service positions are still required to submit clearance and compliance certificates.
- Post-Offer Requirements:
- Successful job applicants who receive a letter of offer must still submit the required clearance and compliance certificates.
- Employers have the right to withdraw letters of offer if the prospective employees do not submit the requested clearance and compliance certificates.
Recommendations for Employers:
- Employers should review and update their Human Procedures and Policies Manual and Employment Contracts to align with these changes and ensure compliance with the law.
Please note that the contents of this newsletter are intended to provide a general guide to the subject matter. It should not be relied upon without legal advice. For further information or assistance on compliance or any other legal issues, please contact us at info@wka.co.ke.
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