In Kenya, the probation period is a trial during which the employer and the employee can assess the employment arrangement. When an employer hires new employees in Kenya, they use expert recruitment, screening, and interviews to find the right person for the job. However, these methods are not foolproof, and a job candidate who appears well-suited on paper may not perform as effectively in the actual work environment. 

Probation is a legal means of determining whether a potential employee is the right match or fit for the job and the company as a whole. It is beneficial for employees to evaluate the company culture and whether the employer delivers on their promises. The probation period can clarify uncertainties between the employer and employee before securing a permanent employment contract. 

For employers and employees in Kenya, this guide defines the probation period, its benefits, and legal considerations to maintain compliance. 

Definition of a Probation Period in Kenya

The probation period is the time that an employer takes to determine whether the employee they have hired for the job is skilled and qualified to make a meaningful and profitable contribution to the company. This includes assessing the compatibility of their attitudes with the corporate culture and whether they work well with their colleagues. 

Employees benefit from probation in terms of assessing whether they are comfortable in the new workplace and can execute their assigned job duties. 

The probation period in Kenya starts on the employment date once new employees have signed the contract. During this trial, the employer can offer the employee a full-time contract or extend the probation period up to six months. Furthermore, employers can end the employment contract at any point during the probation period, provided they issue a formal notice to employees. 

Lengths of Probationary Periods in Kenya

According to the Kenyan Employment Act, the probation period is six months. It can be extended for an additional six months, with the employee’s consent, making the official length of probation one year. 

The length of the probationary period in Kenya does not depend on the employment contract but rather on the contract’s provisions. 

Permanent or Indefinite Contracts

In Kenya, permanent or indefinite contracts have a six-month probation period. It is important to note that the probation period is not influenced by the type of contract or the employee’s position. The employer advises on the probation period in the employment contract. 

Fixed-Term or Definite Contracts

The fixed-term or definite contracts have a probation period of six months. For both types of employment contracts, the probation period can be extended to one year with the employee’s consent. 

If employees are absent during the probation period, the Kenyan employer can terminate the employment contract; however, this process must be executed in a fair and considerate manner. The Kenyan Employment Act does not specifically address absenteeism during probation, but employers are reminded to always act fairly. 

Legal Considerations for Probation Periods in Kenya

Kenyan employees receive mandatory benefits, but they are not entitled to the same benefits as permanent employees. Probationary employees in Kenya are provided with minimum wage, anti-discrimination practices, and annual and sick leave. 

In addition to issuing your employees on probation with certain perks, they must receive equal treatment. With fair practices and adherence to Kenya’s Employment Act, employers and employees can develop a trustworthy employment relationship. 

Pay and Working Conditions

Kenya’s standard working hours are 45 hours per week, which are generally spread over a six-day workweek. Night work is performed over 60 hours a week. Employees who work overtime receive 1.5 times their standard hourly rates, which doubles over weekends and public holidays. 

The current minimum wage law in Kenya is KES 16,113.75 per month, or approximately $125. The Kenyan workforce is paid on the last day of the month by bank transfer or direct deposit. Alternative payment methods include mobile money transfers through popular platforms, such as MPESA. 

Termination and Notice

Should an employer wish to end the probation period, they must give the employee a seven-day written notice. Notices are written in English or a language understood by the employee. Alternatively, the employer can pay seven days’ worth of wages to terminate the employment contract. 

Along with notice, the employer must provide a reason for termination before the probation period ends. If the probation period ends and the employer does not communicate whether the employment contract is permanent or terminated, the employee automatically receives a permanent position. 

Based on the Employment Act, Kenyan employers do not have to follow the strict formal procedure to end an employment contract. Furthermore, employers are not required to give in-depth reasons for dismissing an employee on probation. 

Vacation / Holidays

In terms of annual leave, full-time and permanent employees receive 21 days of yearly leave after working for a company for 12 months. In the case of employees on probation, they accrue annual leave as soon as they start working. Leave is accrued during the six-month probation period. 

Kenyan employees, including those on probation, must receive full pay on public holidays. If they are required to work on a public holiday, they receive double their base salary. 

Benefits of Probation Periods in Kenya

The probation period in Kenya has become a crucial part of the employment process because it helps employers and employees establish a beneficial and long-term professional relationship from the start. The following benefits are provided to Kenyan employees and employers: 

  • For Employees

Employees can prove their qualifications for the job by applying their skills in a real work environment.

An employee in Kenya has the power to assess the employment arrangement and whether they are satisfied and motivated in the workplace before entering into a permanent or definite contract.

The probation period gives employees the time and resources needed to excel in their positions and improve their chances of being offered employment contracts.

  • For Employers

Employers can avoid lengthy and costly employment termination by evaluating an employee’s skills before they are officially hired.

The employer can assess the employee’s personality and behaviors and whether they are a good fit for the company.

Employers can prepare new employees for their job roles through training during probation.

Employers can verify the employee’s skills before entering into a long-term employment contract.