Contracts and Dismissals
Written Employment Particulars
Employment contracts are regulated under the Employment Act 2007. Employment Act and Labour Relations Act define a contract of employment/service as an agreement, whether oral or written, and whether expressed or implied, to employ or to serve as a worker for a certain period of time. It includes a contract of apprenticeship and indentured learnership but does not include a foreign contract of service.
The Kenyan Employment Act requires that employment with duration of more than 3 months (and a contract of service which provides for the performance of any specified work which could not reasonably be expected to be completed within three months) should be in writing and a 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.
An employment contract must specify the following: the name, age, permanent address and sex of the employee; the name of the employer; the job description of the employment; the date of commencement of the employment; the form and duration of the contract; the place of work; the hours of work; the remuneration, scale or rate of remuneration, the method of calculating that remuneration and details of any other benefits; the intervals at which remuneration is paid; and the date on which the employee’s period of continuous employment began, taking into account any employment with a previous employer which counts towards that period; the duration of the contract; 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 than one month, the time when the employee leaves to start work if that is earlier.
Source: §9-10 of the Employment Act 2007; §3 of the Labour Relations Act 2007, last amended in 2023
Fixed Term Contracts
Kenyan labour Law allows hiring fixed term contract workers for tasks of permanent nature. No provisions could be located in the Employment Act on regulating the fixed term contracts (their maximum duration and renewals).
Probation Period
According to the Employment Act, Probationary contract is an employment contract of up to twelve months duration or part thereof. It must be written and expressly state 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. The probationary period cannot exceed one year as an aggregate.
Source: § 2 & 42 of the Employment Act, 2007
Regulations on Employment Security
- Constitution of Kenya, 2010
- Employment Act, 2007
- Public Holidays Act 1984
- Regulation of Wages (General) Order 1982