Employment, Labour Relations and Immigration Law Advisory

We regularly advise businesses on a variety of employment-related immigration issues including those related to relocation of personnel from and into Kenya and the East Africa region.

We work with our clients to address the visa and work authorization needs of Kenya and regional personnel, including professionals, managers and executives and essential workers.

We assist foreign investors looking to invest and carry-on business in Kenya to get investors permits as well as dependent and student passes for their family ‘members. We also regularly assist foreigners and expatriate employees who intend to settle or retire in Kenya get retirement permits or permanent residence permits.

Our team offers specialized, quick and seamless immigration services including: –

• application of business visas, and multiple entry visa;
• processing of work permits and passes for investors, missionaries, expatriate employees and other foreigners wishing to work in Kenya on a long- term or short- term basis;
• application for tax compliance certificates (TCC) for the employer and employee, as required for the processing of work permits;
• processing of permanent residency applications;
• processing of dependents as well as pupil/student passes;
• application for asylum in Kenya;
• application for dual citizenship;
• application for Kenyan citizenship; and
• general immigration law advisory.

Employment & Labour Relations Law

CM Advocates can offer strategic advice on all types of employment and labour related issues and disputes, across a wide variety of industries in both private and public sectors including NGOs and charities.

We offer national and international organizations strategic and practical legal services that are focused on maximizing human resource potential. Our employment and labour lawyers are known for their dexterity and business-savvy advisory and counselling skills and, when necessary, their results-driven dispute resolution techniques.

We have practical experience representing employers in all industry sectors, including financial services, art and entertainment, education, professional services, telecommunications, ICT, hospitality sector, manufacturing concerns, extractive industries as well as transport and logistic sector.

Our employment lawyers will take the time to understand your scenario and offer creative, commercial found and clear, thorough advice. The employment issues we can assist with include:

• human resources advice and counselling;
• taxation on gain and profits from employment
• statutory compliance for employers;
• taxation for expatriate employees;
• tax reconciliations for expatriates;
• review of employment contracts for tax planning purposes and identification of tax exposures;
• handling tax audits on employment taxes;
• strategic HR Planning (including Dismissals and Redundancies);
• disciplinary, grievance procedures and performance management;
• wrongful and unfair termination as well as constructive dismissal;
• executive employment and severance agreement;
• settlement agreements;
• contract, labour agreements, HR Policies and Collective Bargaining Agreements;
• occupational health and safety;
• workers compensation/ work injury benefits;
• human rights and discrimination;
• business sales and acquisitions, and corporate restructuring;
• boardroom disputes;
• IP protection and litigation;
• privacy and cybersecurity;
• internal corporate investigations;
• restraint of trade or non-compete agreements;
• employee raiding/poaching;
• non-solicitation agreements;
• data protection and confidentiality agreements;
• dispute resolution (including litigation, arbitration and mediation);
• pay and benefits (including retirement benefits, ESOPs, and other stock options);
• pension schemes; and
• international employment law.

Non-compete, non-solicit and Trade Secrets Practice

Our Non-Compete, Non-Solicit, and Trade Secrets Practice is tailored towards protecting your interests on termination of an employer-employee relation or other contractual engagements. Whether you are an employer who may face competition by a departing employee or an employee seeking to set up shop or work for a competitor, you require sound legal counsel or representation.

Invariably, key customer relationships, talented employment, and vital intellectual property and expertise (including trade secrets, proprietary business information, and corporate technology) lie at the core of successful businesses. Accordingly, it has become commonplace for businesses to use agreements that prohibit competition, or that limit the solicitation of customers, in an effort to protect their commercial interest and unwarranted disclosure of confidential information or data.

From the employer’s perspective, the business can be exposed to risk or litigation when a departing employee diverge vital business assets belonging to their former employer. With the current labour mobility, the employer’s most valuable assets can be jeopardized through theft or unwarranted disclosure for commercial exploitation.

From the perspective of the departing employee (or his or her new employer), the ability to work and compete can be unfairly hampered or restrictive by an unreasonable restraint of trade provisions or overbroad or unduly burdensome non-competition or non-solicitation agreement that goes far beyond protecting the former employer’s legally protectable interests. If left unchecked, the employee may be unfairly deprived of the ability to earn a livelihood.

The attorneys in our Non-Compete, Non-Solicit, and Trade Secrets Practice are we strive to promote fair business practices, safeguard vital business assets and facilitate the lawful transition of employees or contractors subject to post-engagement restrictive covenants.

a. Preventive Measures

Our lawyers develop, draft, and review key documents that are pivotal to setting the stage for the transition of employees through the post-employment restrictive period. Covenants typically contained within non-solicitation, non-competition, and confidentiality agreements can be useful, effective tools, but they must be carefully drafted so as not to be construed as an unenforceable restraint on trade and lawful competition.

Restraint of Trade or Non-Compete Agreements – Chiefly contained in the employment contract, these covenants seek to prevent a former employee from working for a competitor within a certain geographic area for a specified period of time after departure from his or her previous employment.

• Confidentiality Agreements - These agreements require employees to acknowledge the sensitivity of corporate information (such as trade secrets, proprietary information, intellectual property, and information technology), and to create a binding obligation on the employee not to use or disclose that information during the currency of the contract as well as after expiry of contract or termination of employment.
• Non-Solicitation Agreements - When properly drafted, these covenants prohibit departing employees from soliciting key customers that resulted from the investment of time, resources, and goodwill by the employer. These are also common in connection with the sale of a business, along with its goodwill.
• Anti-Poaching or Anti-Raiding Agreements - It is common for a former employee, especially a manager, to poach or solicit good employees from their former work place. Besides increasing the costs of training, this can cause huge disruptions to the former employer. Such predatory practices can be prevented through the usage of appropriate anti-poaching or anti-raiding agreement, which prevents a former employee from soliciting his or her former coworkers.

b. Litigation – When Needed

Often times, a departing employee or his or her new employer will choose to disregard even a properly drafted restrictive covenant. Conversely, in order to achieve some ulterior motives, former employers may seek to enforce covenants that are unreasonable or overbroad. Our Dispute Resolution team has huge experience fighting to protect our clients’ interests in court of law or through arbitration. We employ our expertise to aggressively pursue negotiation and litigation strategies tailored to the needs of the people and businesses we serve.

Other Services Include:

• development and creation of a comprehensive intellectual property preservation program: creating, drafting, and reviewing policies regarding the ownership, protection, and retention of company-sensitive information and data; and
• design and implementation of a human resource program intended to train employees about unfair competition, its various forms, its impact, and the attendant consequences for violations.