Understanding Your Employment Contract

## Understanding Your Employment Contract in Kenya Your employment contract is a legally binding document that defines your relationship with your employer. The **Employment Act, 2007** sets minimum standards that every contract must meet. ### Mandatory Contract Terms Under Section 9 of the Employment Act, your contract must include: 1. **Names of parties** - Your full name and employer's details 2. **Job description** - Your role and responsibilities 3. **Commencement date** - When employment begins 4. **Contract duration** - Permanent, fixed-term, or casual 5. **Remuneration** - Salary amount and payment frequency 6. **Working hours** - Standard hours and overtime provisions 7. **Leave entitlements** - Annual leave, sick leave, maternity/paternity leave 8. **Termination notice** - Required notice period from both parties ### Your Statutory Rights Even if not in your contract, the law guarantees: #### Working Hours - Maximum 52 hours per week (or 45 for night workers) - At least one rest day per week (typically Sunday) - Overtime must be compensated (minimum 1.5x regular rate) #### Leave Entitlements - **Annual leave:** Minimum 21 days per year - **Sick leave:** At least 7 days full pay, then 7 days half pay annually - **Maternity leave:** 3 months with full pay - **Paternity leave:** 2 weeks with full pay #### Termination Protections - Notice required (1 day for casual, 7 days for temporary, 1 month for permanent) - Severance pay for redundancy (15 days per year of service) - Certificate of service upon termination ### Red Flags to Watch For Be cautious of contracts that: - Don't specify salary or make it entirely "performance-based" - Have extremely long probation periods (standard is 3-6 months) - Include non-compete clauses that are too broad - Require you to pay for training if you leave - Waive your statutory rights (such clauses are void) ### What to Do Before Signing 1. **Read every clause carefully** - Ask for clarification on anything unclear 2. **Request time to review** - Don't sign under pressure 3. **Get a copy** - You're entitled to a copy of your signed contract 4. **Understand your duties** - Know what's expected of you 5. **Check probation terms** - Understand your rights during probation ### If Your Contract is Violated 1. Raise the issue in writing with your employer 2. Contact the Labour Office in your area 3. File a complaint with the Employment and Labour Relations Court 4. Seek legal advice for serious violations --- *Have questions about your employment contract? Chat with Juahaki AI on WhatsApp for guidance specific to your situation.*