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7 Oct 2026
By RecruitFinds
Getting a job is exciting, but accepting an offer without understanding the terms of employment can create problems later.
A new employee may receive a contract that says they are on probation, another person may be hired on a fixed-term contract, while someone else may be told they are working as a casual. These arrangements are not simply different names for the same thing. They can come with different expectations concerning notice, termination, working conditions and benefits.
Kenya's Employment Act, 2007 provides a legal framework for employment relationships, including written contracts, probationary employment, termination notices and casual employment.
For job seekers and employees, the important question is not just, "How much will I earn?" It is also, "What exactly am I agreeing to?"
When people receive job offers, the salary figure is often the first thing they look at.
That is understandable, but the rest of the contract can be just as important.
Before signing, check:
Your job title and duties
Basic salary and other payments
Working hours
Location of work
Contract duration
Probation period
Notice period
Leave arrangements
Benefits provided by the employer
Conditions for termination
Any confidentiality or restrictive clauses
Whether the position is permanent, fixed-term or casual
A contract should give you a clear picture of what you are agreeing to.
If something important is unclear, ask the employer or HR department before signing rather than assuming that you will sort it out later.
Probation is generally used to allow an employer to assess whether a new employee is suitable for the role.
It can also give the employee an opportunity to determine whether the job is suitable for them.
Under the Employment Act, a probationary contract is a contract of employment that is in writing and expressly states that it is for a probationary period. The Act provides that a probationary contract may not exceed six months, although it may be extended for a further period of up to six months with the employee's agreement.
This means that seeing the word "probation" in an offer letter should not automatically make you assume that you have no employment rights.
You are still entering an employment relationship, and the terms of that relationship should be clear.
If your contract states that you will be on probation for six months, keep track of the date you started.
As the end of probation approaches, it is reasonable to ask about your performance and whether the employer intends to confirm your appointment.
This is particularly useful if you have not received any formal communication from HR.
A simple question such as, "Could you please confirm the next steps following the completion of my probation period?" can help create clarity.
A fixed-term contract has a defined period of employment.
For example, a contract might state that you will work for an organisation for 12 months.
The important thing is to understand the start date, end date and what happens when the contract reaches its stated expiry.
Do not assume that every fixed-term contract will automatically become permanent.
If you are approaching the end of your contract, ask the employer early whether it will be renewed, extended or allowed to expire.
This gives you time to plan your next step instead of waiting until the final week.
Casual employment can be particularly confusing because some workers may be described as "casuals" even when they have been working continuously for an extended period.
The Employment Act provides for circumstances in which casual employment can be converted into a contract where wages are paid monthly. For example, section 37 addresses situations where a casual employee works for a period or number of continuous working days amounting to at least one month, as well as certain work that cannot reasonably be completed within a period equivalent to three months or more.
This is why the label placed on a worker is not necessarily the end of the legal analysis.
The actual circumstances of the employment relationship matter.
If you have been working continuously for a long period while still being treated as a casual employee, it may be worth seeking advice from a qualified labour professional or the relevant labour office about your specific circumstances.
Notice is another area employees should understand before accepting a job.
Under section 35 of the Employment Act, the statutory notice period can depend on how wages or salary are paid. For employees paid monthly or at intervals of one month or more, the statutory period is generally 28 days, unless the contract provides for a longer notice period.
For example, if your employment contract says that either party must give one month's notice, you should understand that this is an important contractual obligation.
Do not resign assuming that you can simply leave immediately.
At the same time, notice can sometimes be replaced by payment in lieu of notice. Section 36 provides for termination without notice upon payment of the remuneration that would have been earned during the applicable notice period.
The exact circumstances and wording of the contract still matter.
Leaving a job does not simply mean collecting your final salary and walking away.
Depending on the circumstances, you may have outstanding salary, accrued leave or other amounts that need to be addressed.
You should therefore keep records of:
Your employment contract
Payslips
Leave records
Employment correspondence
Performance or disciplinary communication
Resignation or termination letters
Any agreements relating to benefits
Good record keeping can become extremely important if there is later a disagreement about what you were owed.
Employees sometimes hear the phrase "terminal benefits" and assume that every person leaving employment is automatically entitled to exactly the same payments.
That is not necessarily the case.
What you receive when employment ends can depend on the type of contract, how the employment ended, your length of service and the applicable law or employment terms.
For example, service pay under the Employment Act has specific conditions and exclusions. Section 35 also provides circumstances where service pay does not apply, including where an employee is a member of certain pension or provident fund arrangements or the National Social Security Fund.
This is why employees should not calculate their final dues using a formula found online without first checking whether it applies to their situation.
Imagine that Brian receives a job offer from a company.
His contract states that:
He will earn a monthly salary.
He will work Monday to Friday.
He will serve a six-month probation period.
His contract will be reviewed after probation.
Either party must give one month's notice.
Brian should not focus only on the salary.
He should understand when his probation starts and ends, what performance standards he will be assessed against, how his working hours are defined and what happens if either side wants to end the employment relationship.
If he later decides to resign, he should check the notice requirement before submitting his resignation.
The contract therefore becomes an important reference point throughout his employment, not just a document he signs on the first day.
You do not need to be confrontational when asking questions about an employment contract.
You can simply request clarification.
For example:
"Could you please clarify whether the position is permanent or fixed-term?"
"How long is the probation period?"
"What happens after probation?"
"What is the notice period for both the employer and employee?"
"Are there any additional allowances or benefits included?"
"Are there specific performance targets that apply during probation?"
"Is the contract renewable if it is fixed-term?"
These questions can prevent misunderstandings later.
One of the biggest mistakes a new employee can make is relying entirely on promises made during an interview.
An interviewer might say, "Once you perform well, your salary will be reviewed."
Another person might say, "After probation, you will definitely become permanent."
Those statements may sound encouraging, but the employee should understand what is actually contained in the employment agreement.
If an important promise affects your decision to accept the job, ask whether it can be included in writing.
Written terms are much easier to refer back to than a conversation that happened during an interview.
Being on probation does not mean an employee should ignore the terms of the contract.
If you decide that the job is not suitable, check the probation provisions and termination requirements in your agreement before leaving.
The Employment Act contains specific provisions concerning probationary contracts, so the wording of the contract and the applicable law should be considered together.
If you are unsure about your legal position, especially where there is a dispute with an employer, consider getting advice from a qualified employment lawyer or labour officer.
A job offer can feel too important to question.
You may worry that asking about the contract will make the employer think you are difficult.
That should not stop you from understanding the terms you are about to accept.
You can ask professional questions without creating conflict.
In fact, an employee who understands their contract is often better positioned to manage expectations from the beginning.
Whether you are starting your first job, moving to a new company or accepting casual work, take time to understand the arrangement.
Know whether you are on probation, fixed-term employment, permanent employment or casual terms. Understand your notice period. Keep copies of your employment documents and payslips. Ask questions about anything that is unclear.
Most importantly, do not assume that every employment situation works the same way.
Kenya's Employment Act provides the legal framework, but the specific facts of your employment and the terms of your contract also matter.
For a job seeker, understanding these details before signing can make the difference between simply accepting a job and knowing exactly what you are agreeing to.
