Domestic Worker Employment Contract (Kenya)

A Domestic Worker Employment Contract in Kenya sets out the rights and obligations of employer and employee, from remuneration to grounds for dismissal. It defines duties, remuneration, working hours, leave, and termination procedures binding employer and employee.

The National Minimum Wage Order, issued periodically by the Cabinet Secretary for Labour under Section 83 of the Labour Institutions Act No. 12 of 2007, sets legally binding minimum wages for different categories of workers in Kenya. The 2023/2024 National Minimum Wage Order prescribes specific minimum monthly wages for domestic workers in Nairobi, Mombasa, Kisumu, and other gazetted towns — as well as rural areas — and household employers who pay below the applicable minimum wage commit a criminal offence under Section 84 of the Labour Institutions Act No. 12 of 2007.

Statutory deductions apply equally to domestic workers. The employer must deduct and remit PAYE income tax to the Kenya Revenue Authority (KRA) under the Income Tax Act (Cap. 470), National Social Security Fund (NSSF) contributions under the National Social Security Fund Act No. 45 of 2013, Social Health Insurance Fund (SHIF) contributions at 2.75% of gross salary under the Social Health Insurance Act No. 16 of 2024, and Housing Levy at 1.5% of gross salary under the Affordable Housing Act. Many private households are unaware of these obligations, but the ELRC consistently holds individual household employers liable for unpaid statutory contributions.

A Kenya Domestic Worker Employment Contract should be distinguished from a Service Agreement with a domestic staffing agency — where an agency supplies domestic workers to a household on a temporary or rotating basis, the contractual relationship is between the household and the agency under a service contract, and between the agency and the worker under an employment contract. Where the household employs the domestic worker directly and exercises control over how and when the work is performed, the relationship is one of employment, not independent contracting, regardless of any label applied by the parties.

The Occupational Safety and Health Act No. 15 of 2007 (OSHA) applies to all workplaces including private homes where domestic workers are employed. The Work Injury Benefits Act No. 13 of 2007 (WIBA) entitles domestic workers to compensation for injuries sustained while carrying out their duties, and household employers must either register with the National Social Security Fund or hold a valid WIBA employer's liability insurance policy. The Data Protection Act No. 24 of 2019 is relevant where the household employs a domestic worker who has access to residents' personal information, CCTV footage, or financial details.

A Domestic Worker Employment Contract is needed at the start of every domestic employment relationship in Kenya, regardless of whether the worker lives in the household (live-in) or attends on a daily or part-time basis (live-out).

A Domestic Worker Employment Contract is required as soon as a household employer in Kenya hires a house help, cook, nanny, or cleaner on a regular recurring basis. Section 9 of the Employment Act No. 11 of 2007 mandates a written contract of service for every employment relationship, and a household employer who fails to provide one commits an offence and is exposed to ELRC claims for unfair termination and unpaid statutory benefits.

A Domestic Worker Employment Contract is needed when a household employer wishes to include a probationary period. Section 42 of the Employment Act No. 11 of 2007 permits termination during probation on shorter notice than applies to confirmed employees — but only if the probationary period is expressly stated in writing. Without a written contract, the employer cannot rely on probationary termination rights and must meet the full procedural fairness requirements for all dismissals.

A Domestic Worker Employment Contract is required when a household employs a live-in domestic worker and wishes to formally record accommodation terms — whether accommodation is provided rent-free or at a deductible rate, meal arrangements, and the worker's private space entitlements. The Employment Act No. 11 of 2007 limits the maximum accommodation deduction from wages and requires transparency about the value attributed to in-kind benefits.

A Domestic Worker Employment Contract is needed when a household employs a foreign national as a domestic worker under a Class G work permit issued by the Department of Immigration Services. The permit conditions specify the employer and the role, and the written employment contract must be consistent with the permitted role and submitted with the work permit application.

A Domestic Worker Employment Contract is required when an employer wishes to impose confidentiality obligations on a domestic worker who has access to sensitive family information, financial documents, or residential security systems. Confidentiality obligations are only enforceable if expressly agreed in writing — they are not implied in a domestic employment relationship under Kenyan common law.

A valid Domestic Worker Employment Contract in Kenya under the Employment Act No. 11 of 2007 must contain the following essential elements to comply with Section 10 of the Employment Act and protect both the employer and the domestic worker.

Parties and Commencement: Full legal names and residential addresses of the household employer and the domestic worker, the worker's National Identity Card (NIC) number, and the employment commencement date. For foreign domestic workers, the class and expiry date of the work permit issued by the Department of Immigration Services should also be recorded.

Role and Duties: A clear description of the worker's role (e.g., house help, cook, nanny, gardener, driver) and their primary duties. The place of work should be stated as the employer's residential address, and — for live-in workers — the accommodation arrangements should be specified. Section 10(1)(e) of the Employment Act requires the nature and description of work to be included in every written contract.

Remuneration and Minimum Wage Compliance: The worker's monthly or weekly wage in Kenya Shillings (KES), confirming compliance with the applicable National Minimum Wage Order issued under Section 83 of the Labour Institutions Act No. 12 of 2007. For live-in workers, any in-kind benefits (accommodation, meals) should be valued separately, subject to the maximum deductible amounts prescribed by the National Minimum Wage Order. Wages must be paid on time under Section 19 of the Employment Act, and late payment attracts penalties.

Statutory Deductions: The contract must disclose all mandatory deductions: PAYE income tax to the Kenya Revenue Authority (KRA) under the Income Tax Act (Cap. 470); NSSF Tier I and Tier II contributions under the National Social Security Fund Act No. 45 of 2013; SHIF contributions at 2.75% of gross salary under the Social Health Insurance Act No. 16 of 2024; and Housing Levy at 1.5% of gross salary under the Affordable Housing Act. Many household employers are unaware that these deductions are compulsory even for domestic workers — the ELRC has ordered individual householders to pay outstanding NSSF and NHIF/SHIF arrears with interest.

Working Hours and Rest: Normal working hours, weekly rest day (Section 27 of the Employment Act guarantees at least one rest day per week), and overtime compensation. The maximum working week including overtime is 52 hours under Section 27. Live-in domestic workers must be given a clearly defined daily rest period and a reasonable break from on-call duties.

Leave Entitlements: Annual leave of not less than 21 working days after 12 months of continuous service under Section 28 of the Employment Act; sick leave of 7 days full pay plus 7 days half pay per year under Section 30; maternity leave of 3 months fully paid for female employees under Section 29; paternity leave of 14 calendar days for male employees under Section 29A; and all public gazetted holidays under the Public Holidays Act (Cap. 38).

Termination and Notice: Notice period for termination by either party — Section 35 of the Employment Act requires not less than 28 days written notice for monthly-paid workers. For weekly-paid domestic workers, the minimum is 7 days. Grounds for summary dismissal without notice must be expressly stated and must constitute gross misconduct under Section 44 of the Employment Act — procedural fairness (show-cause letter and hearing) is required even for domestic workers before summary dismissal.

Confidentiality: An obligation on the domestic worker to keep confidential all information about the household, its members, and their personal and financial affairs, both during and after employment. The forms-legal.com Domestic Worker Employment Contract template covers all eight mandatory elements and includes a plain-language summary for workers whose first language is not English, supporting compliance with the Employment Act's transparency requirements.