In Kenya, probation periods are used by employers to assess a new employee's suitability for a role before confirming their appointment. Both unlimited (permanent) and fixed-term contracts can include a probationary period, subject to specific rules and limitations as outlined in Kenyan labor laws.
Key Features of Probation Periods in Kenya
Applicability to Contract Types:
Unlimited Contracts: Also known as permanent contracts, these are ongoing employment agreements with no fixed end date. Probation periods can be included as part of these contracts.
Fixed-Term Contracts: These are contracts set for a specific duration with a defined end date. Like unlimited contracts, they may also include a probationary period.
Maximum Duration:
The probation period for both unlimited and fixed-term contracts is limited to a maximum of 6 months.
Extension: The probation period can be extended once, but the total duration, including the extension, cannot exceed 12 months. This means an initial 6-month probation can be extended by an additional 6 months at most.
Extension Conditions:
If an employer wishes to extend the probation period beyond the initial 6 months, this must be done in writing, and the employee must be notified of the extension. The extension should also outline the specific reasons and objectives for the extended period.
The total probation period (including any extension) must not exceed 12 months, ensuring that the probationary assessment period remains reasonable and fair.