What Is Probation Period and How Does It Work In Kenya

By Judith Moraa
Most employers now take their newly employed staff through probation before fully bringing them on board as part of the team.
So before getting deeper into it, let make sure you understand what probation means.
According to the employment Act of Kenya, a probation contract of employment is one which is of not more than twelve months duration and is duly written stating that it is for a probationary period.
So, an employer won’t just decide one morning that they employed you on probation. You should know from the start the type of employment you are working with.
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Also, an employer can choose to use a probationary period as a coaching tool to give you some extra time and supervision while learning the new job, as well as giving you more detailed guidance and a sense of urgency about improvement in case your productivity turns out to be under the cut.
So with this in mind, please note that your employer has two options when employing you to join their team

1. To either give you a probationary contract
2. Or give you a normal contract with a probation period at the start

On this note, Section 4 of article 42 also states that your employer is free to terminate your contract if it’s on probation, by giving you not less than seven days’ notice of termination of the contract or by payment of seven days’ wages in lieu of notice without having to give reasons for the termination.
However, despite this easy exit, probationary contracts are not popular among professionals in Kenya seeking for senior positions because they offer little comfort to those who may have to consider leaving his/her fixed term contract for a probationary contract!
Additionally, an employee employed under a probation contract may expect that he or she will continue to be employed if he or she successfully completes the probationary period which may not be the plan of the employer.
So for these reasons, many employers prefer other methods like giving you a probation period and clearly stating whether you shall be employed in case you complete this successfully.
So in general,
We have highlighted that your probationary period shall not be more than six months but it may be extended for a further period of not more than six months if you agree with your employer.
Keeping yourself educated about employment contracts an important step for any employee seeking to remain informed about labor laws in Kenya.
Judith Moraa is a Communication Assistant at Corporate Staffing a leading HR firm that offers recruitment and FREE job placement. For more information visit their website on www.corporatestaffing.co.ke