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Mandatory Provisions of a Foreign Contract of Service
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).
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.