Employer’s duty to maintain the records of his/her employees.

An employer has a duty to maintain the records of his/her employees.Section 74(1) of the Employment Act provides that an employer shall keep a written record of all employees employed by him, with whom he has entered into a contract under the Employment Act. In Silas Mutwiri v Haggai Multi-Cargo Handling Services Limited [2013] eKLR, The court held that Section 74 of the Employment Act requires all employers to keep employee and employment records and to produce them in court in evidence. This is not the responsibility of an employee. The duty is vested upon an employer at all times as they have an upper hand in an employment relationship. These records were never produced in this case. With the respondent omissions as required under section 20 and 74 of the Employment Act, the benefit of it must go to the employee, the claimant. In this case, there was no record that leave, overtime, dues as under section 35(6) were made, then the employee account must was taken in good faith.http://kenyalaw.org/caselaw/cases/view/93212

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