How much runway does the law give when a job ends? Notice periods are among the most commonly misunderstood employment terms in Kenya, and they matter to both sides: the employer planning a handover and the employee planning a transition.
How much notice must be given to end employment in Kenya?
The Employment Act 2007 sets the baseline: where wages or salary are paid at intervals of a month or more, either party may terminate on twenty-eight days’ written notice. Different rules apply where wages are paid daily or at shorter intervals. The contract may provide for longer notice than the statutory minimum, and many contracts do. Notice runs both ways: an employee resigning is also expected to give the notice the contract requires.
Can notice be paid instead of worked?
Yes. Payment in lieu of notice is lawful and common, particularly where an immediate exit suits both sides. It should be calculated on the remuneration the employee would have earned during the notice period. Terminating without notice and without payment in lieu is a wrongful dismissal unless the ground is gross misconduct, and even then the employee must be heard first. Disputes of this kind often end up at the Employment and Labour Relations Court.
What happens during probation?
A probationary contract may be terminated on at least seven days’ notice, or seven days’ wages in lieu, which is shorter than the ordinary minimum. Probation terms must be written into the contract, and a probationary period cannot simply be extended indefinitely. Employees on probation still accrue dues for time worked, and the written particulars of employment still apply.
Checking your own position
Your notice entitlement starts with your contract, then the statute. Where an exit is disputed, we advise on notice, pay in lieu and settlement terms through our contract practice, within the firm’s wider practice areas.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.