Obligation of employers to provide housing to employees

According to the Employment Act, employers have an obligation to provide housing to their employees. Section 31 of the Employment 2007 Act provides that an employer must either provide reasonable housing accommodation as prescribed or pay reasonable house allowance. Further, that in exercising the election under section 31, the employer is governed with the agreement between the parties or the established conventional practice in the industry in issue or both. Kenya National Private Security Workers Union V Kenya Kazi Security Services Limited. The parties had failed to enter into a collective bargaining agreement as earlier ordered by the court. As part of the CBA, the employer was to provide housing allowance to employees who were members of the Union. The court held that it was the duty of the Respondent to provide its guards with free housing accommodation at or near the US Embassy or in the alternatively, to provide sufficient rent to enable the employee obtain such accommodation.http://kenyalaw.org/caselaw/cases/view/108480

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