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HR FLEEK Articles
What Should You Consider before Sending Staff Abroad? Let’s Talk about Foreign Contracts of Service
Before posting an employee to work outside Kenya, whether to a regional office, a client site, or a project abroad, an employer must document the engagement appropriately – through a foreign contract of service. Beyond legitimate foreign assignments, this area of law has become increasingly relevant given the plight of Kenyan workers shipped abroad under the guise of “promised prosperity”. Crafty agents broker deals between unsuspecting workers and foreign employers, leaving these workers with little to no protection from exploitation once they land in their destination countries.
Managing Fixed-Term Contracts (Including Probation) While Avoiding Permanent Employment in Kenya
The Employment Act, 2007, recognises fixed-term contracts as a lawful form of employment. Section 10(3)(c) provides that a contract of service may be expressed to be for a fixed period, and upon the expiry of that period, the contract terminates automatically by “effluxion of time” without requiring notice.
Casual, Fixed-Term or Permanent: What Kind of Employee Do You Actually Have?
If you run a business in Kenya, chances are your workforce is not one neat category. You might have a receptionist who has been “casual” for three years, a project officer on a renewable one-year contract, and a senior manager on permanent terms. Each of these relationships is governed differently under Kenyan labour laws and getting the label wrong is one of the most common and costly mistakes employers make.