It is illegal to fire your househelp without giving her notice and paying her a salary of not less than Ksh. 10,000, Employment and Labour Relations Court, has ruled.
According to Justice Nduma Nderi ruling, to fire a house employee you have to give her notice and pay her terminal fees when he or she departs.
In addition a househelp should be given a certificate of service from the employer before he or she departs.
“It is unlawful to terminate the employment of a house help without giving her notice. It is also illegal and unfair labour practice to send a house help away without paying her any terminal benefits and not giving her certificate of service,” Nderi is quoted by the Standard.
This means to fire an employee you have to give them a one-month notice and also pay her one month salary in lieu of notice.
Househelp Position Description
Judge Nderi made the ruling during a case in which a house help, Moreen Muhani sued her employer Namuben Manji Bhinji for unlawful termination of her contract in 2015, she was earning a monthly salary of Ksh. 3,000.
In a landmark ruling, the court awarded Muhani a compensation of Ksh. 270,964 for unprocedural termination of her contract by Manji. The former employer will have to pay the humongous amount of compensation.
This landmark ruling is likely to change how employees treat their househelps going forward as any form of mistreatment or unfair termination of a contract could lead to expensive legal suits.
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