What happens to a worker's salary and dues when they die
Employment Act, 2007 · sources read 4 Oct 2026
The employer must pay the wages, other pay and property owed to a worker who dies to the worker's legal representatives within 30 days of them proving their authority. If no one claims within 3 months, the employer hands it all to the labour officer to hold for the estate.
- Deadline
- Employer pays within 30 days of receiving proof of the legal representative's authority.
- Deadline
- Unclaimed after 3 months from the death: handed to the labour officer.
- Where
- The employer, with proof of legal authority; the area labour office if dues are not paid or were handed over
Steps
- The employer must report the death to the labour officer, in the prescribed form, as soon as practicable.
- The family gets legal authority to act for the estate (see the succession guide), then gives the employer that proof.
- The employer pays within 30 days of the proof, then gives the labour officer evidence of payment within 7 days.
- If the employer doubts or rejects a claim, or no one claims within 3 months, the money and property go to the labour officer, held in trust under succession law.
- If the dues are not paid, the legal representative can report it to the area labour officer (Form LD 64).
Watch out
- The employer pays only a legal representative with proof. If the employer is in doubt about who should be paid, it can hand everything to the labour officer instead.
- NSSF savings are separate: dependants claim the NSSF survivors benefit from NSSF.
- If the worker was killed at work, the employer must also send a report to the labour officer.
Who this covers
- The deceased worker's legal representatives, once they show legal proof of their authority.
Official sources (3)
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 3 Oct 2026
- NSSF Benefits nssf.or.ke · read 3 Oct 2026