Articles
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.
Oral vs written contracts: risks employers and employee’s underestimate
The law guiding employment issues in Kenya is the Employment Act (“the Act”). Section 8 of the Act provides that it relates to both oral and written contracts. Under Section 10(5) of the Act, it is the duty of the employer to keep particulars relating to an employee for a period of 5 years after termination from employment. Where there is no written agreement, the burden of proving or disproving any alleged term of employment shall be on the employer.
Employee Leave Entitlements in Kenya: Legal Framework, Practice, and Jurisprudence
Employee leave entitlements in Kenya are a core component of fair labour practices, ensuring that employees have adequate time for rest, health and personal responsibilities without risking their employment. These rights are principally governed by the Employment Act, 2007 and the Regulation of Wages (General) Order, 1982 and its subsequent amendments, and interpreted through case law and jurisprudence set therein. Together, these sources establish minimum standards while allowing employers to implement more progressive policies.
Legal Alerts
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.
FAQs
Most frequent questions and answers
HR-Fleek Club is a 24/7 online membership club where members subscribe to access various HR services at an affordable cost.
HR-Fleek Club membership is open to all types of business for example, Small, Micro and Medium size enterprises, Charities, Not-for-Profit Organizations, big corporates and Professional Service Firms.
The minimum subscription period is 12 months. You can opt to pay the subscriptions on a monthly, quarterly, half yearly or annually basis. Members discounts apply for bi-annual and annual payment options.
If you sign up for a 3 or 5 years’ membership plan, you will receive a membership discount.
Booking a consultation with our HR expert is simply done through our portal. One of our consultants will call you at the selected time.
You can book for a consultation either on phone or video call. If you would prefer a face-to-face consultation, please contact our team and we would be schedule one.
Club Membership entitles you to a bundle of standard HR documents and other resources that you need for the usual HR needs for your business, for example, employee’s engagement letter, employment contracts, Employee Policies and Procedures, employee’s termination letter.