How To Hire New Remote Employees | Kenya

In Kenya, employment is governed by the general law of employment contracts as well as the common law principle. Here, people see employment as a one-on-one relationship between the employee and the employer. Both the Kenyan constitution of 2010 and the Employment Act of 2012  clearly state that employees' and workers' rights must be protected. As a result, Kenyan employees are protected from discrimination based on their age, religion, sexual orientation, articulation, and race. 

Some of the things to consider during the hiring process in Kenya include minimum wages, public holidays, overtime rates, and compulsory leaves.

1 January- New Year's Day

15 April- Good Friday

18 April- Easter Monday

1 May- Labor Day

14 May- Idd - Ul – Fitr

1 June- Madaraka Day

9 July- Eid al-Adha

10 October- Huduma Day

2o October- Mashujaa Day

12 December- Jamuhuri Day

25 December- Christmas Day

26 December- Boxing Day

Several variables define minimum wage in Kenya, including geographical location, skill level, the industry one is engaged in, and age. Usually, the minimum wage ranges from 13,572.90 to as high as 30,627.45 KES.

Employee payments in Kenya are made in monthly installments on or before the last day of the month. 

Casual Employees are paid either at the end of the workday or weekly.

Depending on the income of the employee, the individual tax rate ranges from 10%-30%.

Annual Leave

Employees are entitled to 21 consecutive days of paid time off after working with an employer for 12 months. 

Sick leave 

After two months of employment, an employee is eligible for 14 days of paid leave. 7 days are paid in full, while the other half is paid half the salary.

The 14 days are renewed annually, and a medical certificate is required during the sick leave application. 

Parental leave

Maternity Leave

Women are entitled to 91 days of maternity leave. The employer fully pays the employee during these days. 

To qualify for maternity leave, the employee must give a written seven days notice. Additionally, the employee must provide a medical certificate during the leave application. 

Paternity Leave 

Fathers can take a 14 days paternity leave with full pay to take care of their postpartum partner. 

Adoption 

If an employee decides to adopt a child, the same law of the birth parents applies. But, the employee gives a 14 days' notice instead of 7 days. 

Relevant adoption documentation must be provided during the leave application.

Termination of employment in Kenya can either be from the employee or the employer. However, a lawful termination can only occur if a just cause has been established. Some of the reasons for contract termination by the employer may include business, worker's misconduct, and personal reasons. The employer should give an employee a warning in case of misconduct, while the employee must explain their actions. 

Terms to observe in employment termination include notice period, severance pay, and probation. 

Notice Period

An employer must provide at least a 28 days written notice before the contract termination. However, at least seven days' notice of termination is required for employees on probation. 

Probation Periods

A probation period can go up to 6 months. During this period, the employer can terminate an employee provided they give a seven days' notice. 

Severance Pay

It only applies in cases where the employee's termination was due to redundancy. In such a case, the employee is entitled to 15 days' pay for every year of employment. 

Please note that the employer is obliged to pay the final wages on the last day of the contract termination. Additionally, if the employee has pending day-offs, the employer must pay the corresponding amount in full.