Pay & working terms · 3 min read
Job offer letter in Kenya: what it must say before you accept
The particulars the Employment Act requires in writing, the probation rules, a check list for the offer, and what to ask when something is missing.
An offer letter is the moment to fix the terms of a new job, because after you start it is harder to ask. The Employment Act lists what your written terms must contain. Here is that list, turned into a check you can run on any offer.
When terms must be in writing
A contract for three months or more, or for work that cannot reasonably be finished in three months, must be in writing (section 9(1)). The employer is responsible for drawing it up, and you sign or thumbprint it to consent (section 9(2) and (3)). If you cannot understand the language, the employer must explain it in one you understand (section 9(4)).
The particulars the law requires
Section 10(2) lists what the written contract must state, and section 10(1) allows them to be given in instalments, but not later than two months after you start:
- Your name, age, permanent address and sex, and the employer's name.
- The job description and the start date.
- The form and duration of the contract.
- The place of work and the hours of work.
- The pay, scale or rate, how it is calculated, and any other benefits.
- How often you are paid.
- When your continuous employment began.
Section 10(3) adds annual leave and public holiday pay, sick pay, pension, notice periods, the end date of a fixed term contract, collective agreements that apply, and extra details for work outside Kenya.
Probation
A probationary contract must be in writing and say it is for probation. Probation may not exceed six months, and may be extended once by up to six months only with your agreement (section 42). Check that the offer states the length.
Check list before you sign
- Is the pay basic, gross or consolidated, and which allowances are separate?
- What are the hours, the rest day and the place of work?
- How long is probation, and what notice applies during and after it?
- What leave do you get, and is sick pay above the legal minimum?
- Which deductions will appear on the payslip besides PAYE, NSSF, SHIF and the housing levy?
If a term is missing, reply politely and ask for it in writing before you resign from another job. An offer that asks you to pay anything to start is not a real offer.
Sources and further reading
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Frequently asked questions
Does a job offer in Kenya have to be in writing?
A contract of three months or more must be in writing (Employment Act, section 9), with the particulars in section 10 given within two months of starting.
What must a Kenyan employment contract include?
Among others: job description, start date, contract form and duration, place and hours of work, pay and how it is calculated, pay intervals, leave, sick pay and notice (section 10).
How long can probation last in Kenya?
Up to six months, extendable once by up to six months with your agreement (section 42).