02/09/2024
Let's talk about an employment contract with a probation period in Kenya. What happens when you agree on a certain period of time for probation and a legitimate reason arises resulting to an extension of your probationary period? Did you know that the rules surrounding the extension of probationary periods are governed by the Employment Act, of 2007? Here's a concise overview of what employers and employees need to know: -
1. Initial Period: The initial probation period is capped at six months. This timeframe allows employers to evaluate an employee’s suitability for the role.
2. Extension Conditions: Probation can be extended, but only with mutual agreement between the employer and employee. The total probation period, including any extension, must not exceed 12 months.
3. Documentation: Any extension should be documented in writing, clearly stating the reasons for the extension and its duration. Both parties should sign this agreement.
4. Performance Review: Ideally, before extending probation, employers should conduct a performance review to discuss areas needing improvement, ensuring clarity on expectations.
5. Termination Rules: During the extended probation, either party can terminate the contract with at least seven days' notice or payment in lieu of notice.
6. Employee Rights: Even during an extended probation, employees are entitled to statutory rights such as leave and fair treatment. Employers must follow due process to avoid legal complications.
Well, we hope we have helped you navigate your probationary period effectively, ensuring a fair and transparent process. Write to us to give legal counsel - [email protected]
