Kenya Causal Workers Payroll System
Casual contracts
A ‘casual’ is an employee who is engaged on a daily basis i.e. he is engaged for one day at a time and he is paid at the end of the day.
To most people a ‘casual’ is an employee who is engaged on a need basis and who is not in permanent employment. As long as the person is not paid at the end of the day, he is not a ‘casual’ under the Employment Act, at best, such an employee is a temporary or short term employee.
The most pertinent provisions on casual employees are those that deal with their conversion to permanent employees.
If a casual employee works for a period (whether continuous or not) of not less than one month or where a casual performs work which will take three months or more to complete, the casual cannot be terminated unless he is given not less than one months’ notice. This is a departure from the normal rules of engagement of a casual which provide that the casual contract ends automatically at the end of each day. This is what is referred to as ‘conversion’ of a casual.
The Act goes further to provide that a casual employee whose contract has been converted and who works continuously for two months or more from the date of employment as a casual shall be entitled to the same terms and conditions of service as the other non-casual employees.
Is the answer to avoiding conversion to break the service? Nope! the conversion will happen whether or not the employee is working continuously, as long as the casual works for a period (whether continuous or not) of not less than one month or where a casual performs work which will take three months or more to complete.
From the wording of the Act, if the casual does not work continuously for two months, much as he will be entitled to notice prior to termination, he will not be entitled to the same terms and conditions of service as the other non-casual employees.
A casual employee must not be paid less than the prescribed daily minimum wage, this normally changes every year; current rates can be found at http://www.africapay.org/kenya/home/salary/minimum-wages.
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