In Kenya, Employment contracts are regulated under the Employment Act of 2007 (“the Act”). The Act defines a contract of employment refers to an agreement, whether oral or written, and whether expressed or implied, to employ or to serve as a worker for a certain period. It includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service.
Employment with duration of more than 3 months should be in writing and written statement of particulars should be provided to a worker at the start of employment. The written particulars of employment must be given to the worker within two months of the beginning of employment.
Key information that must be specified in an employment contract is as follows:
Employee’s Information
- Name, age, gender and permanent address
Employer’s Information
- Name of the employer
Nature of Work
- Job description and date of commencement form and duration of the contract
- Place and the hours of work
- Remuneration
- Terms and conditions relating to entitlement to annual leave, including public holidays and holiday pay incapacity to work due to sickness or injury
- Provision for sick pay and pensions and pension schemes
- Length of notice required to terminate the contract of employment
- Any collective agreements that directly affect the terms and conditions of the employment
- Disciplinary rules and any other prescribed matter.
In case a worker is required to work outside Kenya for a period of more than one month, the period of employment, the currency used for remuneration; and any benefits and any terms and conditions for the worker’s repatriation to Kenya are mentioned in the contract
If there is a change in any of the above items, the employer is required to give a written statement containing the particulars of the change within a month after the change in question has occurred, or where that change results from the employee being required to work outside Kenya for a period of more t han one month, the time when the employee leaves to start work if that is earlier.
Kenyan labour Law allows hiring fixed term contract workers for tasks of permanent nature. There are, however, no provisions in the Employment Act on regulating the fixed term contracts that is the question of maximum duration and renewals.
Further, according to Employment Act, Probationary contract is an employment contract of up to twelve (12) months duration or part thereof. It must be written and expressly states that it is for a probationary period.
Probationary period should not be set higher than 6 months; however, it can be extended to one year with the consent of a worker/ employee. Thus, the probationary period cannot exceed one year as an aggregate.
Authors:
Ms. Faith Gituma, a Legal Assistant/Trainee with the Firm and Mr. SM Kotonya, Partner and Head of the Litigation/Dispute Resolution Department.
This note does not constitute legal advice neither is it a Legal Opinion. For more information or any further queries on employment or labor matters, email us on info@kn-partners.com or telephone us on +254 20 2000431/+254717554430