By Purity Ngigi – Sundays

At the beginning of the employment relationship, the law provides that an employer shall issue the employee with a contract of employment no later than two months from the date of beginning the job. Issuance of a contract of employment is an obligation on the employer and not a liberty. The law provides that the employer has the burden of proof in legal proceedings to prove or disprove a term or condition in the employment contract.

The Employment Act provides various terms and conditions of employment that the employer should include in an employment contract. These terms and conditions include the rights and duties of employees and the rights and responsibilities of employers. The terms and conditions defined in the employment contract serve not as guidelines to the employment relationship but are mandatory to the employment relationship. 

The law provides that these terms and conditions are the minimum requirements of the law so that the employment relationship must be in line with these requirements. If the terms and conditions of the employment contract are not in line with the minimum standards or provide for terms that result in a diminution of benefits to the employee, they are considered unlawful. 

Diminution of benefits places the employer in a position of risk when an employee sues the employer. The courts can award damages of up to 12 months salary for unlawful employment termination or breach of employee rights. 

Employers need to ensure that their employment contracts, policies and procedures at the workplace do not place the employee in a less disadvantageous position than that which the law provides. 

Please reach out to us if you need assistance in ensuring your employment contracts, policies, and procedures align with the law.