Legal Alerts

In our previous article, we looked at what a foreign contract of service is under the Employment Act, 2007 (the Act) and key considerations to make before entering into one. In this article, we break down the mandatory provisions every foreign contract of service must contain to be valid and enforceable under the Sixth Schedule to the Employment (General) Rules (the Rules). 

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. 

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.

A well-written policy can be logically sound, ethically defensible, legally compliant, and supported by strong evidence, yet still fail to produce the intended outcomes once it meets the real world. This gap between policy design and policy results is not usually caused by a single mistake. It is more often a chain of small breakdowns across people, systems, incentives, resources, politics, and day-to-day operations.

When you receive your salary, the amount in your bank is less than your gross salary because the law requires certain deductions. These are called statutory deductions, which are mandatory contributions for tax, health, retirement, housing, and training. 

In our previous article, we examined the key components of a standard payslip and how statutory deductions affect an employee’s final dues. 

A more serious issue arises where statutory deductions are made but not remitted to the relevant authorities. At that point, the issue moves from being an administrative process and becomes a statutory breach with financial and, in some cases, criminal consequences. 

Starting February 2026, NSSF deductions will rise from the current maximum of Kshs. 4,320/= to Kshs. 6,480/= for employees, which must be matched by the employer. This translates to 6% of the employee’s monthly gross salary, with a similar amount paid by the employer thereby bringing the total contribution to the Fund to 12%.

Many organizations struggle with internal pay equity issues, where experienced or highly qualified team members may earn less than less-qualified colleagues performing the same work.

You have suffered a loss or injury at the workplace. You go through the motions, submit your claim, and finally receive a decision from the Director of Occupational Safety and Health Services (DOSH)—only to find that it is flawed, unfair, or even worse, revised without your knowledge. 

This is the periodic and organized review of personnel files to assess accuracy of each employee’s documents, ensuring they are up to date and complete.

In the dynamic landscape of organizational development, change is not just inevitable but essential for survival. This article delves into the principles and practices of organizational change and development (OD), shedding light on its significance in fostering greater competence and effectiveness. Discover how internal and external pressures drive organizational shifts, and the pivotal role HR intervention plays in navigating these transitions. From unfreezing existing paradigms to refreezing new behaviors, explore the systematic steps organizations undertake to ensure successful adaptation.

Effective onboarding is crucial for employee success. Distinguish onboarding from orientation, and see how it enhances productivity and retention. Explore key program components, from preboarding to mentoring, and roles of stakeholders. Invest in a strong onboarding experience for new hires.