May 1, its labour day and I just thought every Kenyan employee should know and agree that , When you first get a job, you’re probably too grateful to ask about the circumstances that you will have to work under.
However, the law is there to protect your rights so that you’re not abused and at the same time keeps your employer safe.
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- The law allows for oral and written contracts but it is always best to have a written contract especially after 3 months or more. Orderly companies usually have an employment contract from the time you’re on a probation period.
- Open your eyes, Do not be lied to! a probation period that is more than 6 months is illegal unless the employee agrees in form of writing. After 6 months, your consent is needed as an employee for the company to keep you as a permanent staff or not.
- Wages shall, however, not be paid in a place where liquor or other intoxicating substance is sold and payment should be done on a working day, within working hours. your employer should not pay your salary in a bar or where alcohol is involved in any way. As per the law, you are meant to be paid in either cash, cheque or sent to an employee’s bank account or a person authorized by the employee in case they are not available.
- There are laws for hiring there are also laws for firing. You as an employee should give a notice to your employer when you want to leave. The notice period usually varies depending on the contract an employee is in. This means if you are on probation you should be given a week’s notice and if you are a permanent employee then you should be given a 28 day notice. When you want to quit from your organization never just leave without sending a written explanation as to why you are leaving. As an employee you have every right to challenge a termination where you may feel it’s unlawful. The case can be presented in the labour court followed by a process that will ensure you are fulfilled.
- Never assume that the contract you have been given covers everything you want. If you need time to let a lawyer review it then you should. A contract may have loopholes that may infringe your rights later on. Your contract should have the name, age, permanent address and sex of the employee; it should also have the job description, the date of commencement of the employment; (e) the form and duration of the contract; (f) the place of work; (g) the hours of work; (h) the remuneration, scale or rate of remuneration, the method of calculating that remuneration and details of any other benefits; (i) the intervals at which remuneration is paid; and (j) 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; and (k) any other prescribed matter. Never be too excited about a new job that you forget to read the laws