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domestic employees/house helps insurance
heri
#1 Posted : Thursday, May 31, 2012 8:23:57 AM
Rank: Member


Joined: 9/14/2011
Posts: 834
Location: nairobi
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?
MaichBlack
#2 Posted : Thursday, May 31, 2012 8:39:52 AM
Rank: Elder


Joined: 7/22/2009
Posts: 7,452
heri wrote:
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?

You are going too far! There are wazuans who are permanently employed in various companies and they are not insured. I don't think it is a legal requirement to insure you employees if they are not exposed to extreme risk because of the nature of their work.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
QW25091985
#3 Posted : Thursday, May 31, 2012 8:45:57 AM
Rank: User


Joined: 1/24/2012
Posts: 1,675
Location: In Da Hood
wow! she must be very beautiful to insure her , lOL!
essyk
#4 Posted : Thursday, May 31, 2012 8:53:37 AM
Rank: Elder


Joined: 11/15/2011
Posts: 4,518
now i tire
"The true measure of a man is how he treats someone who can do him absolutely no good.
Elder
#5 Posted : Thursday, May 31, 2012 11:04:59 AM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
heri wrote:
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?

Medical cover yes. NHIF would suffice. Insurance think yes but not so sure, though it is to your benefit.

If your house-help died or got injured while at work and is is due to your negligence (like defective gas cylinder that exploded, slippery floor, did not give her gloves while chopping beef and cuts her hand etc) she can sue you, win and take you to the cleaners.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
xyzee
#6 Posted : Thursday, May 31, 2012 1:01:16 PM
Rank: Veteran


Joined: 1/9/2009
Posts: 1,262
heri wrote:
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?


You may want to consider Domestic Package cover which covers buglary, fire, theft by demestic servant (your mboch disapearing with everything in the house), owner liability e.g your Dog bitting your neighbour, your domestic worker's accidental injuries in your premises etc.

This plus NHIF should address your concern

Talk to your insurance broker
MaichBlack
#7 Posted : Thursday, May 31, 2012 3:37:48 PM
Rank: Elder


Joined: 7/22/2009
Posts: 7,452
Elder wrote:
heri wrote:
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?

Medical cover yes. NHIF would suffice. Insurance think yes but not so sure, though it is to your benefit.

If your house-help died or got injured while at work and is is due to your negligence (like defective gas cylinder that exploded, slippery floor, did not give her gloves while chopping beef and cuts her hand etc) she can sue you, win and take you to the cleaners.

No precedence for this. Very unlikely to happen. A good lawyer would roast her in broad daylight. For one, she would have to prove she is your employee. Chances are that she has no document to prove that. Your lawyer can actually claim that she was you house guest and you were assisting her as she looked for a job. Every now and then she would assist - as a guest should - because your house girl had quit her job months earlier. A malicious lawyer might turn the case against her and counter sue for damages, emotional distress, cost etc.

Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
heri
#8 Posted : Thursday, May 31, 2012 5:14:04 PM
Rank: Member


Joined: 9/14/2011
Posts: 834
Location: nairobi
surely documentary proof is not required to prove that she is an employee

infact the employer would be in more trouble for employing someone for more than 3 months without a contract
Elder
#9 Posted : Thursday, May 31, 2012 5:30:08 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
MaichBlack wrote:
Elder wrote:
heri wrote:
Wazuas

are we legally required to take insurance for househelps

can the employer be sued for example if a househelp died while at work or had an accident?

Medical cover yes. NHIF would suffice. Insurance think yes but not so sure, though it is to your benefit.

If your house-help died or got injured while at work and is is due to your negligence (like defective gas cylinder that exploded, slippery floor, did not give her gloves while chopping beef and cuts her hand etc) she can sue you, win and take you to the cleaners.

No precedence for this. Very unlikely to happen. A good lawyer would roast her in broad daylight. For one, she would have to prove she is your employee. Chances are that she has no document to prove that. Your lawyer can actually claim that she was you house guest and you were assisting her as she looked for a job. Every now and then she would assist - as a guest should - because your house girl had quit her job months earlier. A malicious lawyer might turn the case against her and counter sue for damages, emotional distress, cost etc.


@MaichBlack as @heri says below it is up to the employer to ensure there is an employment of agreement. Without it the employer would be in problems and, if I remember well, the law is that whatever she says were the terms of the contract would have more weight. Check the Employment Act and be unpleasantly surprised.

There are actually many precedence for the position I have put across, only that they never get reported. I personally know of at least three involving househelps successfully suing for injuries at their place of work. The good lawyer who would thus 'roast her in broad daylight' is a myth and does not exist. In such a case a good lawyer would advise you to settle.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
Ms Mkenya
#10 Posted : Thursday, May 31, 2012 5:36:54 PM
Rank: Veteran


Joined: 5/13/2010
Posts: 869
Location: Nairobi
@MaichBlack, you are assuming these house helps are all stupid. Or not learned.

Not any more, a number finished Form Four and have big plans. Others went through to secondary school and fees were an issue but are sharp. They read yesterday's newspaper daily. They are informed.
Proving she is your employee is so easy. The neighbors, friends, her family, can be her witnesses.

@Heri, I usually get NHIF for mine, and i include her in the domestic package insurance. I am considering getting her a decent medical cover when funds allow, given the way NHIF is behaving.

Also, treat them well. Not out of obligation but as one who does a lot for you. Yes for pay, but we all know how we suffer when they go for a few days.......
....above all, to stand.
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