Termination of Employment Contracts: Termination on Account of Redundancy (PART 3)

TERMINATION OF EMPLOYMENT CONTRACTS: TERMINATION ON ACCOUNT OF REDUNDANCY (PART 3)   Termination on Account of Redundancy Redundancy is defined as the involuntary loss of employment, occupation, job or career of an employee through no fault of his/her own but rather at the employer’s initiative. An employee can be declared redundant in certain situations like […]

Termination of Employment Contracts: Summary Dismissal (PART 2)

TERMINATION OF EMPLOYMENT CONTRACTS: SUMMARY DISMISSAL (PART 2) As we had previously discussed, there are 3 ways by which employment contracts can be dismissed, these are, Termination on notice; Summary dismissal; or Termination on account of redundancy Summary Dismissal Section 44 of the Employment Act provides that summary dismissal shall take place when an employer […]

What are the Contractual Features of a Brand Ambassador Agreement?

WHAT ARE THE CONTRACTUAL FEATURES OF A BRAND AMBASSADOR AGREEMENT? A brand ambassador is an individual hired by a brand to promote and recommend a certain product or shed positive light on a particular brand to their network to increase sales. Following the rise of social media, brand ambassadors, (also known as brand representatives or […]

Distinguishing between an independent contractor and an employee

DISTINGUISHING BETWEEN AN INDEPENDENT CONTRACTOR AND AN EMPLOYEE Who is an Independent Contractor? An independent contractor is a person who exercises independent employment and contracts to do a piece of work according to his own judgment and methods, and without being subject to his employer except as to the results of the work. An independent […]

Registration of Sole Proprietorship

REGISTRATION OF A SOLE PROPRIETORSHIP A sole proprietorship can be registered as a business name as an unincorporated business entity that is registered in the name of an individual proprietor and wholly owned and operated by that same individual. Being unincorporated, unlike a company, it has no separate legal identity from its owner and cannot […]

Registration of a limited liability Partnerships

REGISTRATION OF LIMITED LIABILITY PARTNERSHIPS A limited liability partnership (“LLP”) is a type of partnership where the liability of all partners is limited to the amount that they each contributed. This is unlike a limited partnership where there exists at least one general partner whose liability is unlimited while the rest of the partners have […]

Termination of employment Contracts

TERMINATION OF EMPLOYMENT CONTRACTS: TERMINATION ON NOTICE (PART 1)   A contract of employment in Kenya may be terminated in the following ways, namely: Termination on notice; Summary dismissal; or Termination on account of redundancy.   Termination on Notice This refers to a situation where an employment contract is terminated by either party i.e., employer […]

6 reasons as to why you need a Labour Officer to sign a Foreign Contract of Service.

A foreign contract of service is a contract that is made in Kenya, but whose services are to be performed either wholly or partly outside Kenya. The labour officer is required to attest a Foreign Contract of Service to ensure that the employee indeed clearly understands the terms of the contract and is aware of […]

Impact of diplomatic immunity on employment contracts

What is Diplomatic Immunity? Diplomatic immunity is a form of legal immunity that ensures diplomats and members of their families are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country’s laws. The Vienna Convention on Diplomatic Immunity (1961) (the “Vienna Convention”), ratified by Kenya, states that the purpose behind diplomatic immunity is to ensure that diplomats are […]

Three Key things an employer should know about probation contracts

Introduction Probation period is the period of time at the start of an employment when an employer evaluates and assesses the ability, competence and suitability of the employee for the role. Probation period can also be treated as a coaching or training opportunity where the new recruit learns the finer details of his job. The […]