Labour and Industrial Law notes – KNEC Diploma

Labour and Industrial Law

• KNEC: Diploma in Business Management – Module III

Topics covered in this unit/subject are as follows:

Topic 1: Introduction to Labour and industrial relations
Topic 2: Industrial Relations
Topic 3: Parties In Industrial Relations
Topic 4: Industrial court
Topic 5: Employment Contract
Topic 6: Trade Disputes Law
Topic 7: Employees Associations
Topic 8: Collective Bargaining
Topic 9: Occupational Health and Safety
Topic 10: Workmen’s Compensation
Topic 11: Law Relating to Training of workers
Topic 12: Law relating to remuneration of workers
Topic 13: Factories Act
Topic 14: Labour relations and Industrial Relations Act
Topic 15: Public officers and ethics Act
Topic 16: Emerging issues and trends in labour and industrial relations

Introduction
This module unit is intended to equip the trainee with the knowledge, skills and attitudes that will enable him/her to apply relevant labour and industrial relations law in management of an organisation

General Objectives

At the end of this module unit, the trainee should be able to:

1. Recognise the importance of labour and industrial relations in an organisation
2. Apply the relevant labour and industrial laws in an organisation management
3. Manage employees disputes in the work place
4. Implement occupational Health and Safety requirements in an organisation

Topic 1: Introduction to Labour and industrial relations

• Meaning of Labour and industrial relations
• Historical development of labour law
• History of labour movement in Kenya
• Scope of labour laws
• Contents of the Labour Relations Bill in Kenya

Topic 2: Industrial Relations

• Meaning of industrial relations
• Need for good industrial relations in an organisation
• Historical background of industrial relations in Kenya
• Factors influencing industrial relations in Kenya

Topic 3: Parties In Industrial Relations

• Parties in industrial relations
• Role of government in industrial relations
• Role of workers in industrial relations
• Role of employers in industrial relations

Topic 4: Industrial Court

• Historical development of the industrial court
• Structure of the industrial court
• Procedure in industrial court
• Powers of the industrial court
• Issues in the Labour Institutions Bill

Topic 5: Employment Contract

• Meaning of employment contract
• Parties to the employment contract
• Formation of employment contract
• Procedure of termination of an employment contract
• Contents of Employment Bill in Kenya

Topic 6: Trade Disputes Law

• Meaning of trade disputes
• Causes of trade disputes
• Procedure of reporting trade disputes
• Legal provisions governing industrial action
• Procedure for settling trade disputes

Topic 7: Employees Associations

• Meaning of employees associations
• Role of employees associations
• Reasons for formation of trade unions
• Features of a trade union
• Types of trade unions in Kenya
• Legal provisions governing trade unions in Kenya
• Management-union relationships
• Remaining non-union
• Potential contribution of a union representative,
• Advantages of a represented in the union in a work place

Topic 8: Collective Bargaining

• Meaning of collective bargaining
• Importance of collective bargaining
• Process of collective bargaining
• Principles of collective bargaining
• Legal provisions for conciliation, arbitration and enquiry

Topic 9: Occupational Health and Safety

• Meaning of occupational health and safety
• Legislations that govern occupational Health and Safety
• Legal provisions regarding health and safety at work place in Kenya
• Role and powers of authorized officers in ensuring health and safety of workers
• Contents of occupational safety and health Bill in Kenya
• Inclusion of people with disabilities in Kenya

Topic 10: Workmen’s Compensation

• Meaning of terms of the terms relating to compensation as provided for in the workman’s compensation Act
• Provisions of workman’s compensations Act
• Contents of work injury benefits bill in Kenya

Topic 11: Law Relating to Training of Workers

• Meaning of terms
• Provisions of industrial Act
• Guidelines provided by the ministry of state for public service on training of employees

Topic 12: Law Relating To Remuneration of Workers

• Meaning of terms
• Legal provisions on remuneration of workers
• Legal provisions governing social security

Topic 13: Factories Act

• Meaning of a factories Act
• Provisions of the factories Act in regard to safety, health and welfare
• Statutory control of employment
• Protection of women, young person’s, disabled and children
• Provision put in place when an employee gets permanently disabled during the performance of his/her duties

Topic 14: Labour relations and Industrial Relations Act

• Management-union relationships
• Remaining non-union collective bargaining
• The potential contribution of a union representative,
• The advantages of a represented work place and grievances

Topic 15: Public officers and ethics Act

• Meaning of terms ethics integrity and professionalism
• Importance of implementing ethical practice in an organisation
• Ways of enhancing integrity in an organisation
• Causes of unethical practices and behaviours within the public sector
• Adverse effect to the public sectors of unethical practices
• Measures of eradicating unethical practices in the public sector
• Importance of implementing ethical codes of conduct in an organisation
• Role of Kenya Anti- Corruption Commission (KACC) in an organisation management
• Components of public officers and ethics Act

Topic 16: Emerging Issues        

• Emerging issues and trends in industrial law
• Challenges of emerging issues and trends in industrial law
• Managing challenges