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    Employee Contract Sample

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    Aizux Mungai

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    © All Rights Reserved
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    Employee Contract Sample

    Uploaded by

    Aizux Mungai
    5 views7 pages

    Original Title

    EMPLOYEE CONTRACT SAMPLE

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    5 views7 pages

    Employee Contract Sample

    Uploaded by

    Aizux Mungai

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 7

    EMPLOYEE CONTRACT SAMPLE

    By Stephanie Marimba

    Employee contracts are the basis of Labor law. These agreements are created to protect the
    interests of both the employer and employee. They safeguard the employer by ensuring that they
    are protected from any of the employee’s misconduct such as in circumstances of termination or
    liability. On the other hand, employment contracts protect the rights and interests of employees
    from being taken advantage of by those in more powerful positions ie. employers.

    In Kenya, employment contracts are governed by different types of legislation, the main one
    being the Employment Act (CAP 226). This governs general employment contracts. The second
    legislation pertaining to employment contracts is the Regulation of Wages and Conditions of
    Employment Act (Cap. 229) which governs the health and safety, wages, leave and est and
    contracts concerning children. These are the two main acts, however, additionally, there is The
    Factories Act (Cap. 514) and The Work Injury Benefits Act (Cap. 253). These legislative
    instruments also provide certain guidelines on what an employment contract should contain and
    how it should be written.

    In the following part, we have provided an example of a basic Employment contract as governed
    by the Employment Act.
    CONTRACT OF EMPLOYMENT
    This new agreement made the ............ day of ..................................... 20........
    Between ................................................... (The employee) – and (The employer)
    whereby ........................................ is employed as …………… /or as directed at ………… under
    the following terms:

    1. DURATION OF CONTRACT:
    From ....................................... to ......................................... (2 years which may be
    renewed at the employer’s discretion).
    2. BASIC, GROSS SALARY/WAGE
    a) Basic Ksh.........................
    b) Housing Ksh........................
    c) Food Ksh.........................
    d) Total Gross Ksh.........................

    3. SERVICE SCHEME:
    The employer provides the employee with a Service Scheme whose benefits shall be
    enjoyed at the end of the contractual period and shall be calculated at 15 days for every
    completed year of service.
    Where the employee resigns or is dismissed before the expiry of the contract the service
    shall be ‘null & void’.

    4. OTHER BENEFITS
    Here is where other considerations such as loans or medical benefits can be provided for
    under special conditions.

    5. PROMOTION
    Promotion shall be at Management’s absolute discretion on the criteria of merit, skill,
    initiative, competence, Performance Related Pay (PRP) policy and Management’s
    decision shall be final and not negotiable.
    6. ACCEPTANCE OF LETTER OF EMPLOYMENT
    (a) The Terms and Conditions contained in this agreement shall not become binding until the
    employee has assumed duties and has deposited a letter with the Board of Director
    (Administration) signed by him/her denoting acceptance of the letter of employment
    and/or contract and agreed to Terms and Conditions.
    (b) The employee produces a comprehensive medical report from a competent and qualified
    medical practitioner that such an employee is fit to work. Provided that
    (1) the employer reserves the right to seek further medical opinions and
    (2) no employee shall be compelled or requested to undergo unusual tests including
    HIV/AIDS tests without his or her consent.

    7. PROBATION PERIOD
    You shall be placed on a probation period of three (3) months. During this period, you
    will be under observation. Upon successful completion of the probation period, you shall
    receive a letter of confirmation in employment. However, if the Trust is not satisfied with
    your performance, you may be given another three months probation period or you will
    be given 1 weeks notice of termination of this contract.

    8. STATUTORY DEDUCTIONS
    (a) P.A.Y.E.
    (b) N.H.I.F.
    (c) N.S.S.F.
    (d) Housing
    (e) Food
    (f) Loan etc.

    9. HOURS OF WORK
    Sets out the specific working hours for the employee and special circumstances
    concerning their working hours eg: absence, deduction in cases of the proper reason for
    absence and negligence. No employee will work on duly gazette Public Holidays. No
    overtime will be payable as a result.
    10. PAID SICK LEAVE
    After completion of the probation period, you shall be eligible for sick leave for a
    maximum of 30 days and thereafter to a maximum of 15 days with half pay in each
    period of twelve consecutive months’ employment upon production of a certificate of
    incapacity signed by a registered medical practitioner covering the period of sick leave.
    An employee discharged from
    Employment on medical grounds shall be entitled to terminal benefits in respect of the
    Non - Contributory Gratuity Scheme to be determined on a pro-rata basis.

    11. MATERNITY LEAVE


    All pregnant married employees shall be entitled to be paid maternity leave once ONLY
    during the course of the contract period and such leave shall be for ninety (90) calendar
    days.

    12. ANNUAL LEAVE/VACATION LEAVE


    (a) An employee shall be entitled to annual leave after continuous service of twelve calendar
    months calculated at 2 days for every completed month. The time for taking leave shall
    be agreed upon between the employee and management on an individual basis. All leave
    shall be applied for in writing and shall be at the discretion of Management. Where an
    employee dies/dismissed/resigns, his/her leave will be calculated on a pro-rata basis. The
    employee’s salary shall be paid on the last workday immediately before the
    commencement of the leave.
    (b) No leave days will be exchanged for Cash

    13. SPECIAL LEAVE


    Given special circumstances of an employee requiring special leave, Management shall
    grant such an employee a maximum of seven paid working days leave which shall be
    subtracted from the accrued leave days of such an employee provided that management,
    depending on the circumstances of each case may extend such a period as may be
    necessary for the circumstances.
    14. COMPASSIONATE LEAVE
    Management shall grant at least five days as compassionate leave to an employee faced
    with a funeral in the employee’s nuclear family (husband, wife, biological registered
    children, biological father and mother) save that the first five days shall not be subtracted
    from the employee’s accrued leave days.

    15. PUBLIC HOLIDAYS


    All gazetted public holidays shall be paid days to all the employees.

    16. TERMINATION OF CONTRACT


    Either party may terminate the contract at any time before its expiry by giving one full
    month’s notice without reason. The employee’s Non-Contributory Gratuity Scheme shall
    be determined on a pro-rata basis.

    17. SUMMARY DISMISSAL


    Summary dismissal may be affected as a result of a violation of the Disciplinary Code of
    Conduct (as attached) or in other cases as provided by law or absence from work for ten
    (10) continuous days without valid documentation, such an employee shall also be
    summarily dismissed. These dismissals shall result in the loss of all entitlements,
    gratuity, bonuses and leave days.

    18. PROTECTIVE CLOTHING


    The employer shall provide protective clothing to all employees engaged in duties
    requiring the same and shall be the property of the employer. It shall be the responsibility
    of the affected employee to keep and maintain such clothing.
    Upon leaving employment it shall be at Management’s discretion whether the employee
    should retain or surrender the uniform given immediately preceding the act of leaving
    employment.
    19. IN-SERVICE TRAINING
    An employee is required to attend In-Service training sessions/workshops organized by
    the employer which are essential for elicitation and integration of Human Values and Life
    Application in the workplace.

    20. CERTIFICATE OF SERVICE


    Upon termination of employment by any means except by death the employer shall, upon
    request, provide a certificate of service to the employee.

    21. THE AGREEMENT CONCLUSION SEAL


    We the parties hereby append our hand and agree as above stated and do append our
    signatures as follows:

    22. CODE OF CONDUCT


    The Code of Conduct is to be read and signed and forms an integral part of this Contract.

    NOTE: PLEASE SIGN ONLY AFTER HAVING READ, UNDERSTOOD AND


    ACCEPTED THIS CONTRACT.

    EMPLOYER: _____________________

    EMPLOYEE NAME: _________________________________

    ---------------------------------------------------------------------------------------------------------------------
    1. Witness:
    (Name)________________________________Signature:__________________Position:
    _____________________________________Date:_______________________

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