Help! My Employer is Pocketing My NSSF Money: A Guide for Employees

Picture this: You've been working hard at your job in Kenya, diligently showing up every day and doing your best. But as payday rolls around, you notice something unsettling – your NSSF deductions seem to disappear into thin air. Despite seeing the deductions on your salary slip, there's no sign of them reaching the National Social Security Fund (NSSF). It's a frustrating situation, leaving you wondering where your hard-earned money has gone.

Employer Failing to Remit NSSF?

In Kenya, if your employer consistently deducts NSSF contributions from your salary but fails to remit those deductions to the National Social Security Fund (NSSF), you have several steps you can take to address the situation: 

1. Document Everything - Keep detailed records of your salary slips or any other documents that show the NSSF deductions being made from your salary. This documentation will serve as evidence of the deductions being made by your employer.

2. Raise the Issue with Your Employer - Start by bringing the matter to the attention of your employer. It's possible that the failure to remit NSSF contributions is due to an oversight or administrative error. Politely inquire about the status of your NSSF contributions and express your concerns if you find discrepancies.

3. Seek Clarification from NSSF - If your employer fails to provide a satisfactory explanation or resolution, consider contacting the National Social Security Fund directly. You can inquire about the status of your contributions and seek guidance on what steps to take next.

4. Explore Legal Options - If your employer continues to withhold NSSF contributions without remitting them, you may need to explore legal options. In Kenya, employees have the right to take legal action against employers who fail to remit statutory deductions. Consider consulting with a labor lawyer or seeking assistance from relevant labor authorities to understand your legal rights and options.

5. Consider Whistleblowing - If you believe that your employer's failure to remit NSSF contributions is deliberate and widespread, you may consider blowing the whistle on the non-compliance. The NSSF Act in Kenya provides protections for whistleblowers who report violations of the law. You can report the issue to the relevant authorities, such as the NSSF or the Ministry of Labour, for investigation.

6. Join Forces with Co-workers - If other employees are facing similar issues with NSSF deductions, consider joining forces to address the issue collectively. There is strength in numbers, and collective action may exert more pressure on the employer to rectify the situation.

7. Document Retaliation - If you face any form of retaliation from your employer for raising concerns about NSSF deductions, such as demotion, harassment, or termination, document these incidents. Retaliation against whistleblowers is illegal in Kenya, and you may have grounds for further legal action.

Addressing issues related to non-remittance of NSSF contributions requires persistence and adherence to proper procedures. Approach the situation calmly and professionally while advocating for your rights as an employee under Kenyan labor laws.

Partner with a Payroll Outsourcing Firm 

At ElevateHR Africa - The people company, we understand the importance of accurate and timely remittance of statutory deductions. Our team works diligently to ensure that organizations comply with regulations and remit all statutory deductions, including NSSF contributions, accurately and on time. 

With our expertise and dedication to compliance, we help organizations navigate the complexities of payroll management while ensuring the well-being of their employees. Let us be your partner in achieving compliance and fostering a positive work environment.