Part-Time Employment Contract (Kenya)
PART-TIME EMPLOYMENT CONTRACT
PART-TIME EMPLOYMENT CONTRACT Employment Act No. 11 of 2007 — Section 9 This Part-Time Employment Contract is made between: EMPLOYER: [Employer Name] BRS Registration No.: [Employer BRS Number] Address: [Employer Address] NSSF Employer No.: [NSSF Employer Number] AND EMPLOYEE: [Employee Full Name] National ID No.: [Employee ID Number] Address: [Employee Address] KRA PIN: [Employee KRA PIN] NSSF No.: [Employee NSSF Number] NHIF No.: [Employee NHIF Number]
1. PARTICULARS OF EMPLOYMENT
1.1 Job Title: [Job Title] 1.2 Nature of Work and Key Duties: [Job Description] 1.3 Principal Place of Work: [Place of Work] 1.4 Date of Commencement: [Commencement Date] 1.5 Contract Type: [Contract Type] 1.6 Contract End Date: [Contract End Date]
2. HOURS OF WORK
2.1 Working Days: [Working Days] 2.2 Working Hours: [Working Hours] 2.3 Contracted Hours Per Week: [Contracted Hours Per Week] hours The contracted hours of work set out above are less than the standard full-time working hours applicable to comparable full-time employees and do not exceed the statutory maximum of 52 hours per week under Section 55 of the Employment Act No. 11 of 2007.
3. REMUNERATION AND PAYMENT
3.1 Basis of Remuneration: [Remuneration Basis] 3.2 Rate of Pay: [Remuneration Rate] The above rate meets or exceeds the applicable statutory minimum wage under the Regulation of Wages (General) (Minimum Wage) Order issued under Section 27 of the Employment Act No. 11 of 2007. 3.3 Payment Date: [Payment Date] 3.4 Method of Payment: [Payment Method] 3.5 Statutory Deductions: The following deductions shall be made from the employee's remuneration: (a) PAYE income tax under the Income Tax Act (Cap. 470): [PAYE Deductions] (b) NSSF contributions under the NSSF Act No. 45 of 2013: [NSSF Contributions] (c) NHIF contributions under the National Hospital Insurance Fund Act (Cap. 255): [NHIF Contributions]
4. LEAVE ENTITLEMENTS
4.1 Annual Leave: [Annual Leave] Annual leave accrues at 1.75 working days per month of continuous service under Section 28 of the Employment Act No. 11 of 2007, pro-rated to the employee's contracted hours. 4.2 Sick Leave: [Sick Leave] 4.3 Maternity / Paternity Leave: [Maternity Paternity Leave] 4.4 Public Holidays: The employee is entitled to paid public holidays falling on contracted working days under the Public Holidays Act (Cap. 110). Where a public holiday falls on a contracted day, the employee shall receive a day's pay without deduction.
5. NOTICE AND TERMINATION
5.1 Notice Period: Either party may terminate this contract by giving the other party [Notice Period] written notice, or by payment of an equivalent sum in lieu of notice under Section 35(3) of the Employment Act No. 11 of 2007. 5.2 Summary Dismissal: The employer may terminate this contract without notice only on grounds of gross misconduct as defined in Section 44 of the Employment Act No. 11 of 2007, and only after following the fair procedure prescribed in Section 45 of the Employment Act No. 11 of 2007 — including written notification of the alleged misconduct, an opportunity for the employee to respond, and a fair hearing. 5.3 Certificate of Service: Upon termination, the employee shall be entitled to a certificate of service on request under Section 51 of the Employment Act No. 11 of 2007. 5.4 Disputes: Any dispute arising from or in connection with this contract shall be referred to the Employment and Labour Relations Court of Kenya under the Employment and Labour Relations Court Act No. 20 of 2011.
6. ADDITIONAL TERMS
[Additional Terms] This contract constitutes the entire agreement between the parties with respect to the employment described herein and supersedes all prior discussions, representations, or agreements. This contract shall be governed by the laws of Kenya, including the Employment Act No. 11 of 2007 and the Labour Relations Act No. 14 of 2007.
SIGNATURES
Signed on [Commencement Date] by the parties. The employee acknowledges receipt of a copy of this contract and confirms understanding of its terms.
What Is a Part-Time Employment Contract (Kenya)?
A Part-Time Employment Contract in Kenya establishes the conditions of employment, covering role, compensation, leave and notice of termination. It defines duties, remuneration, working hours, leave, and termination procedures binding employer and employee.
Section 9 of the Employment Act No. 11 of 2007 is the central provision governing written employment contracts in Kenya. Section 9(1) requires every employer who employs a person for a period of three months or more, or in employment that is likely to last three months or more, to provide the employee with a written statement of the particulars of employment within two months of commencement. Section 9(2) of the Employment Act No. 11 of 2007 specifies the minimum particulars that must be included in a written employment contract: the name of the employer and employee; the date of commencement; the nature of the work; the place of work; the hours of work; the remuneration and method of calculating remuneration; the intervals at which remuneration is paid; any deductions to be made from remuneration; and any terms and conditions relating to leave, notice of termination, and retirement.
Part-time work is recognised as a distinct employment category in Kenya under the Second Schedule to the Employment Act No. 11 of 2007, which defines categories of employees for the purposes of various protective provisions. Part-time employees are entitled to the same minimum statutory rights as full-time employees on a pro-rata basis — including the statutory minimum wage under the Regulation of Wages (General) (Minimum Wage) Order issued under Section 27 of the Employment Act No. 11 of 2007, annual leave under Section 28 of the Employment Act No. 11 of 2007 (at the rate of 1.75 days per month of service, pro-rated for hours worked), sick leave under Section 30 of the Employment Act No. 11 of 2007, and maternity or paternity leave under Sections 29 and 30A of the Employment Act No. 11 of 2007.
The National Social Security Fund Act No. 45 of 2013 and the National Hospital Insurance Fund Act (Cap. 255) apply to part-time employees earning above the statutory minimum threshold. Under the NSSF Act No. 45 of 2013, both the employer and the employee contribute to NSSF — contributions are calculated as a percentage of the employee's gross emoluments, with the employee contribution matched (up to the statutory cap) by the employer contribution. NHIF contributions under the National Hospital Insurance Fund Act (Cap. 255) are deducted from the employee's salary at the statutory rates determined by the NHIF Board. Part-time employees whose earnings qualify under the NSSF Act No. 45 of 2013 and NHIF Act are entitled to the same statutory social security and health insurance coverage as full-time employees.
The Kenya Revenue Authority (KRA) treats part-time employment income as taxable income subject to Pay As You Earn (PAYE) deductions under the Income Tax Act (Cap. 470). Part-time employees holding a KRA Personal Identification Number (PIN) issued under the Tax Procedures Act No. 29 of 2015 must declare all income — including income from multiple part-time employers — in their annual individual tax returns.
Industry-specific regulations applicable to part-time workers include the Wages Councils Act (Cap. 229) under which Wages Councils fix minimum pay rates for specific industries, and Collective Bargaining Agreements (CBAs) registered with the Employment and Labour Relations Court of Kenya under the Labour Relations Act No. 14 of 2007, which may specify additional protections for part-time workers in unionised sectors.
When Do You Need a Part-Time Employment Contract (Kenya)?
A Part-Time Employment Contract under Section 9 of the Employment Act No. 11 of 2007 is needed whenever an employer in Kenya engages a person on reduced working hours and the arrangement is expected to last three months or more.
A Part-Time Employment Contract is needed when a business wishes to engage additional staff without the cost of a full-time employee — for example, a retail business engaging weekend-only sales staff, a restaurant engaging evening-shift kitchen assistants, or an NGO engaging a part-time project officer for a fixed programme period. The contract confirms compliance with the Employment Act No. 11 of 2007 and protects both employer and employee.
A Part-Time Employment Contract is needed when an existing full-time employee requests a reduction in working hours — for example, following the birth of a child (drawing on maternity or paternity leave rights under Sections 29 and 30A of the Employment Act No. 11 of 2007), or to accommodate study or personal circumstances. Transitioning from full-time to part-time employment requires a new or varied contract recording the new terms under Section 10 of the Employment Act No. 11 of 2007.
A Part-Time Employment Contract is needed when a professional engages a skilled specialist — an accountant, legal officer, IT consultant, or communications manager — on a fixed number of days per week, where the level of control and integration into the business makes an independent contractor arrangement inappropriate under the Employment Act No. 11 of 2007 tests for distinguishing employees from independent contractors.
A Part-Time Employment Contract is needed in the education sector, where many private schools, universities, and colleges registered with the Kenya National Examinations Council (KNEC) and the Kenya Universities and Colleges Central Placement Service (KUCCPS) engage part-time lecturers, tutors, and examination invigilators for specific academic programmes or examination sessions.
A Part-Time Employment Contract is also needed in the healthcare sector, where hospitals and clinics registered with the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Kenya Nursing Council frequently engage part-time clinical officers, nurses, and allied health professionals to fill shift patterns without the commitment of full-time employment.
What to Include in Your Part-Time Employment Contract (Kenya)
A Kenya Part-Time Employment Contract under Section 9 of the Employment Act No. 11 of 2007 must contain the following elements to be legally compliant, enforceable, and adequate to protect both the employer and the part-time employee.
Parties and Commencement: The full legal name of the employer (and its business registration number issued by the Business Registration Service, BRS), the employee's full name, National ID number, and address, and the date of commencement of employment. Section 9 of the Employment Act No. 11 of 2007 requires the commencement date to be specified.
Nature of Work and Job Title: A clear description of the employee's job title and the nature of the work to be performed. Vague descriptions create disputes about the scope of duties — particularly relevant for part-time employees whose hours may be allocated across multiple tasks.
Place of Work: The principal place at which the employee will work. Where the employee is expected to work at multiple locations or from home, all relevant locations should be specified.
Hours of Work: The specific days and hours the employee is contracted to work per week. This is the defining characteristic of a part-time contract under the Employment Act No. 11 of 2007 — the contractual hours must be clearly stated and must be less than the standard working hours for comparable full-time employees at the same establishment. Section 55 of the Employment Act No. 11 of 2007 sets the maximum working hours in Kenya at 52 hours per week (or 60 hours per week where the employee is engaged on not more than six days per week). Part-time employees' contracted hours must fall within this statutory maximum on a pro-rata basis.
Remuneration: The employee's hourly, daily, or monthly rate of pay and the method and frequency of payment. The rate must meet or exceed the applicable statutory minimum wage under the Regulation of Wages (General) (Minimum Wage) Order. The contract must specify whether remuneration is subject to PAYE deductions under the Income Tax Act (Cap. 470) and NSSF and NHIF deductions under the NSSF Act No. 45 of 2013 and NHIF Act respectively.
Leave Entitlements: Annual leave under Section 28 of the Employment Act No. 11 of 2007, accruing at 1.75 days per month of service pro-rated to the employee's contracted hours; sick leave under Section 30; maternity leave of three months under Section 29; and paternity leave of two weeks under Section 30A of the Employment Act No. 11 of 2007. Part-time employees are entitled to these leave rights on a pro-rata or equal basis depending on the leave type.
Termination and Notice: The minimum notice period required for termination by either party. Under Section 35 of the Employment Act No. 11 of 2007, the minimum notice periods are: 28 days for employees paid monthly; seven days for employees paid weekly; 24 hours for employees paid daily. The Employment Act No. 11 of 2007 prohibits summary dismissal except on grounds of gross misconduct defined in Section 44, and requires fair procedure under Section 45 — including notice of the alleged misconduct, an opportunity to respond, and a fair hearing — before any dismissal.
Social Security and Health Insurance: Confirmation of NSSF registration under the NSSF Act No. 45 of 2013 and NHIF registration under the NHIF Act, with contribution rates stated. For eligible part-time employees, these statutory contributions are mandatory.
Forms-legal.com provides this Kenya Part-Time Employment Contract template as a practical compliance tool for employers and HR professionals managing part-time workforces under the Employment Act No. 11 of 2007 and the Labour Relations Act No. 14 of 2007.
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note = {Free legal document template}
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Frequently Asked Questions
Yes. Under Section 28 of the Employment Act No. 11 of 2007, every employee in Kenya — including part-time employees — is entitled to a minimum of 21 working days of annual leave with full pay after every 12 months of continuous service. For part-time employees, this entitlement is calculated on a pro-rata basis reflecting the employee's contracted working hours relative to the hours of a comparable full-time employee. A part-time employee working 20 hours per week (50% of a 40-hour full-time week) would be entitled to approximately 10.5 working days of annual leave per year. The Employment Act No. 11 of 2007 does not permit an employer to pay a part-time employee in lieu of taking their minimum statutory leave during the period of employment (except on termination) — the employee must be given the opportunity to take the leave. Failure to provide the minimum leave entitlement is an offence under Section 28(7) of the Employment Act No. 11 of 2007. Annual leave accrues at the rate of 1.75 days per month of service under the Act, and any untaken leave at the end of the 12-month period must either be taken (within a further six months) or paid out.
Part-time employees in Kenya are entitled to the same minimum wage protections as full-time employees, applied on a pro-rata basis to their contracted hours. The minimum wage is set annually by the Ministry of Labour and Social Protection under the Regulation of Wages (General) (Minimum Wage) Order issued under Section 27 of the Employment Act No. 11 of 2007. Minimum wage rates in Kenya vary by sector, occupation, and location — rates for urban areas (Nairobi, Mombasa, Kisumu) are higher than rates for rural and peri-urban areas. For example, the 2024 minimum wage order specifies separate rates for general labourers, skilled artisans, domestic workers, security guards, and clerical workers. A part-time employee's hourly rate must equal or exceed the applicable minimum hourly rate derived from the monthly minimum wage — calculated by dividing the monthly minimum by the number of contracted hours per month. Wages Councils established under the Wages Councils Act (Cap. 229) may set higher rates for specific industries (catering, hotel, building, agriculture), and Collective Bargaining Agreements (CBAs) registered with the Employment and Labour Relations Court may set rates above the statutory minimum. Employers must review their part-time pay rates after each annual minimum wage adjustment to maintain compliance.
Yes. Under the National Social Security Fund Act No. 45 of 2013 and the National Hospital Insurance Fund Act (Cap. 255), all employees in Kenya — including part-time employees — must be registered and their employers must deduct and remit contributions at the prescribed rates. The NSSF Act No. 45 of 2013 requires both employer and employee contributions calculated on the employee's gross emoluments, subject to the statutory lower and upper earnings limits set by the NSSF Board. For NHIF, contributions are deducted from the employee's salary at rates determined under the NHIF Act, with higher earners paying higher monthly contributions. Even part-time employees earning a small income fall within the scope of both Acts unless they earn below the minimum threshold set by the NSSF Board. Failure to register employees with NSSF and NHIF or to remit contributions is a criminal offence under both Acts and attracts penalties including fines and surcharges on overdue contributions. The Kenya Revenue Authority (KRA) cross-references PAYE records with NSSF and NHIF contribution records during employer tax audits, so employers of part-time staff should ensure their payroll records are accurate and consistent across all statutory authorities.
Yes. A part-time employee in Kenya can work for more than one employer simultaneously, provided each employment relationship is properly documented and the total hours worked across all employers do not exceed the statutory maximum of 52 hours per week under Section 55 of the Employment Act No. 11 of 2007. Each employer is required to deduct PAYE from the employee's salary under the Income Tax Act (Cap. 470), and the employee must declare income from all sources in their annual individual tax return to the Kenya Revenue Authority (KRA). Where an employee has multiple PAYE deduction points, they must apply to KRA for a tax relief allocation using the KRA iTax portal to avoid double deduction of personal relief. NSSF contributions under the NSSF Act No. 45 of 2013 are calculated per employment relationship — each employer deducts and remits separately — and the employee's combined NSSF contributions from multiple employers are aggregated in their NSSF account. There is no general bar on multiple employment in Kenya, but each Part-Time Employment Contract should address any exclusivity or conflict-of-interest restrictions relevant to the employer's legitimate business interests, particularly for employees in sensitive roles.
Termination of a Part-Time Employment Contract in Kenya is governed by Sections 35–46 of the Employment Act No. 11 of 2007, which apply equally to full-time and part-time employees. The employer must give the required minimum notice period before terminating — 28 days for a monthly-paid employee, seven days for a weekly-paid employee, or 24 hours for a daily-paid employee under Section 35 of the Employment Act No. 11 of 2007. The contract itself may specify a longer notice period than the statutory minimum, and that longer period is enforceable. Payment in lieu of notice is permissible under Section 35(3) of the Employment Act No. 11 of 2007. Dismissal for cause (gross misconduct under Section 44) requires a fair procedure under Section 45 — the employee must be notified of the allegation, given an opportunity to respond, and given a fair hearing before any dismissal decision is made. Terminating a part-time employee without following this procedure is an unfair dismissal under Section 45(5) of the Employment Act No. 11 of 2007, for which the Employment and Labour Relations Court may award compensation of up to 12 months' wages. Part-time employees are entitled to certificate of service under Section 51 of the Employment Act No. 11 of 2007 on request upon termination, regardless of the length of service.
Yes. Under the Employment Act No. 11 of 2007, both maternity and paternity leave rights apply to all employees regardless of whether they are full-time or part-time. A female part-time employee is entitled to three months of fully paid maternity leave under Section 29 of the Employment Act No. 11 of 2007, provided she gives the employer at least seven days' notice of the expected date of confinement. A male part-time employee is entitled to two weeks of fully paid paternity leave under Section 30A of the Employment Act No. 11 of 2007. These entitlements are not pro-rated to the number of hours worked — a part-time employee working two days a week has the same absolute maternity or paternity leave entitlement as a full-time employee. During maternity or paternity leave, the employee's contract of employment continues, and all terms and conditions (including NSSF and NHIF contributions) continue to apply. An employer may not dismiss an employee for taking maternity or paternity leave — such dismissal is automatically unfair under Section 47(3) of the Employment Act No. 11 of 2007 and may be challenged before the Employment and Labour Relations Court of Kenya.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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