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Employment contracts in Kenya: probation, notice and leave
Probation limits, statutory notice, annual leave and maternity and paternity leave — the minimums under Kenyan law.
By Wakili Link Editorial
The Employment Act, 2007 sets minimum terms that cannot be contracted out of. Any contract offering less is overridden by the statute.
Written contracts
An employee engaged for three months or more must have a written contract setting out the key particulars: job, pay, hours, leave and notice.
Probation
Probation may not exceed six months, extendable once with the employee’s agreement for up to a further six months — twelve months in total. During probation, either party may terminate on seven days’ notice.
Notice
Where pay is monthly, the statutory minimum is 28 days’ notice, or pay in lieu. Contracts may provide longer notice.
Leave
- Annual leave: at least 21 working days with full pay after twelve months of service.
- Maternity leave: three months with full pay.
- Paternity leave: two weeks with full pay.
- Sick leave: seven days with full pay and seven with half pay after two months of service, on a medical certificate.
Statutory deductions
Employers must deduct and remit PAYE, NSSF, the Social Health Insurance Fund (SHIF) contribution and the Affordable Housing Levy, and remit on time to avoid penalties.
Certificate of service
On exit, every employee is entitled to a certificate of service (section 51).
This article is general information, not legal advice on your situation.
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