FKE’s guide to employers on annual returns order

The Federation of Kenya Employers (FKE) has clarified that not all employers will be compelled to comply with the recent directive by the National Employment Authority (NEA) to file annual employee returns by July 8.

“We wish to advise our members that the circular is targeting those that had not filed their returns as required under section 78 of the Employment Act, 2007 by 31/1/19. However, those enterprises with less than 25 employees need not file returns as per section 76 the Employment Act, 2007,” said FKE.

In a notice, NEA Acting Director General Edith Okoki noted that Section 76-81 of the Employment Act 2007 requires employers to submit notification of vacancies, notification of filing and abolition of posts and notification of termination of employment.

In addition, employers are required to keep a register regarding the name, age, sex, occupation, date of employment, nationality and educational level of each employee and a return for each calendar year ending 31st December to be sent to the director not later than 31st January of the following year.

Mrs Okoki said the authority had granted a grace period for the submission of returns as required under Section 79 and asked employer to comply using a template available on its website.

Among others, the Employment Act provides that the filed returns should indicate employer’s name and full address; details of the vacant post; minimum qualification required of the person seeking to be employed; place of work; type of work (casual, permanent or term contract); and such other information as the director may require.

The penalty for not complying with the requirement is a fine of up Ksh 100,000 or imprisonment for up to a period of six months.

While NEA, a brainchild of Nairobi Senator Johnstone Sakaja (while serving as Nominated MP), was mooted to, among others, promote and facilitate youth employment, it also took over the mandate of the former National Employment Bureau.

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It is tasked with employment management; enhancement of employment promotion interventions; and increasing access to employment by the youth, minorities and marginalised groups.