ADVOKS GLOBAL · KENYA
Employment Act
9. General provision of contract of service
Edition: 2024-04-26 · In force
9. General provision of contract of service
(1)A contract of service—(a)for a period or a number of working days which amount in the aggregate to the equivalent, of three months or more; or(b)which provides for the performance of any specified work which could not reasonably be expected to be completed within a period or a number of working days amounting in the aggregate to the equivalent of three months,shall be in writing.(2)An employer who is a party to a written contract of service shall be responsible for causing the contract to be drawn up stating particulars of employment and that the contract is consented to by the employee in accordance with subsection (3).(3)For the purpose of signifying his consent to a written contract of service an employee may—(a)sign his name thereof; or(b)imprint thereon an impression of his thumb or one of his fingers in the presence of a person other than his employer.(4)Where an employee is illiterate or cannot understand the language in which the contract is written, or the provisions of the contract of service, the employer shall have the contract explained to the employee in a language that employee understands.(5)In respect of recruitment, an employer shall not require an employee to submit any clearance or compliance certificate unless such employer intends to enter into a contract of service with the employee:Provided that an applicant for a state office shall provide compliance or clearance certificates at such times in the recruitment or approval process as they may be required.(6)An employer who intends to enter into a written contract of service may, in compliance with chapter six of the Constitution, request an employee to submit mandatory clearance certificates from the relevant entities.(7)Notwithstanding subsection (6), an employer may, where an employee does not satisfy the requirements under subsection (6), withdraw an offer of contract of service.(8)A relevant public entity shall—(a)not charge a fee for the issuance of a clearance or compliance certificate under this section or any other written law;(b)issue an applicant with the clearance or compliance certificate or reject the application within seven days of receipt of the application.(9)For the purposes of this section—(a)"employee" includes an applicant for employment;(b)"employer" includes an employment agency;(c)"relevant entity" includes any public or private entity that issues clearance certificates for purposes of satisfying the requirements under chapter six of the Constitution.