Frequently Asked Questions

01What are the benefits of a HR legal audit? It enables an organization to know its level of compliance with the labour laws and the steps which it should take in order to mitigate any risks.

03 Is it mandatory to pay an employee a gratuity at the end of their service?
No, gratuity is only due if it is provided for in the contract of employment or in the CBA.

05 Is an intern entitled to the same terms and conditions of employment as an employee? No, an intern is not an employee and therefore their terms and conditions of employment should be spelt out in their letter of engagement and in an internship policy.

02 Is there a limit to the number of times that a fixed-term contract can be renewed before an employee is entitled to permanent employment? No, there is no obligation to offer an employee permanent employment.

04 Is it mandatory to pay an employee a housing allowance? No, the employee may be provided with housing or they may be paid a sufficient sum to enable them to secure housing (a housing allowance) or their salary may be consolidated so that it takes into account an element which should be used by the employee for housing.

06 Under what circumstances can a Recognition Agreement be revoked? The Recognition Agreement can be revoked if the trade union ceases to have a simple majority of unionisable employees in its membership.

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Iam Anne Babu, an Advocate of the High Court of Kenya with over 12 years’ practicing experience in employment and commercial law. I am the founder of Anne Babu & Company Advocates and the curator of Kenya Employment Law. I look forward to working with you on matters to do with employment and human resource. Reach out to us via email or call us today.

Call (+254) 020-522-02971

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