Remote Work Agreement (Kenya)
REMOTE WORK AGREEMENT
Employment Act No. 11 of 2007 s.9 | Data Protection Act No. 24 of 2019 | Occupational Safety and Health Act No. 15 of 2007
THIS REMOTE WORK AGREEMENT is made on [Agreement Date]
BETWEEN:
(1) [Employer Name] (BRS: [Employer BRS Number]), of [Employer Address] (the "Employer"); and
(2) [Employee Name] (NIC: [Employee NIC Number]), [Employee Job Title], [Employee Department] (the "Employee").
This Agreement supplements the Employee's existing contract of employment (the "Primary Contract") and must be read together with it. In the event of conflict, the Primary Contract prevails except where this Agreement expressly provides otherwise.
1. REMOTE WORK ARRANGEMENT
1.1 With effect from [Commencement Date], the Employer authorises the Employee to work remotely on a [Arrangement Type] basis.
1.2 For a hybrid arrangement, the Employee shall work [Remote Days Per Week] from the approved remote work address and attend the Employer's principal office on the remaining working days.
1.3 The Employee's approved remote work address is: [Remote Work Address]. Any change to this address requires the Employer's prior written approval.
1.4 The Employee must be contactable and available during core working hours of [Core Hours]. The Employee's right to disconnect outside these hours is acknowledged in accordance with the Employment Act No. 11 of 2007.
1.5 This remote work arrangement is a privilege, not a contractual right, unless expressly stated otherwise in the Primary Contract. The Employer may vary or terminate the arrangement on [Recall Notice Period] written notice without such variation constituting a breach of contract or constructive dismissal under Section 49 of the Employment Act No. 11 of 2007.
2. EQUIPMENT AND INTERNET
2.1 The Employer shall provide the following equipment for use by the Employee in performing remote work duties: [Equipment Provided].
2.2 All employer-provided equipment remains the property of the Employer and must be used exclusively for work purposes. The Employee shall maintain all equipment in good condition, fair wear and tear excepted.
2.3 The Employer shall pay the Employee a monthly remote work allowance of [Internet Allowance] to cover internet connectivity and related costs. This allowance forms part of the Employee's taxable employment income and is subject to Pay As You Earn (PAYE) deductions under Section 37 of the Income Tax Act Cap. 470.
2.4 Upon termination of employment or of this remote work arrangement, the Employee shall return all employer-provided equipment within [Equipment Return Period] in good condition. Failure to return equipment entitles the Employer to deduct the depreciated replacement value from the Employee's terminal dues.
3. DATA SECURITY AND CONFIDENTIALITY
3.1 The Employee shall comply with the Data Protection Act No. 24 of 2019 and the Employer's data protection policy at all times when processing personal data from the remote work address.
3.2 VPN use mandatory: [VPN Required]. The Employee shall access all Employer systems exclusively through the Employer's approved virtual private network (VPN) and approved encrypted devices.
3.3 The Employee's additional data security obligations are: [Data Security Obligations].
3.4 The Employee shall immediately report any suspected data security incident, breach, or unauthorised access to the Employer's designated Data Protection Officer. Failure to report within 24 hours of discovery may expose the Employer to penalties under Section 71 of the Data Protection Act No. 24 of 2019 and constitutes a disciplinary offence.
3.5 The Employee's obligations of confidentiality under the Primary Contract continue to apply in full during remote work. The Employee shall not store confidential information on personal devices or unapproved cloud services.
4. PERFORMANCE AND INTELLECTUAL PROPERTY
4.1 The Employee shall maintain the following performance standards during remote work: [Performance Measures].
4.2 The remote work arrangement shall be reviewed [Review Period]. The Employer may revoke this Agreement where the Employee's performance is demonstrably below the agreed standards.
4.3 All work product, inventions, reports, software, or creative works produced by the Employee in the course of employment — regardless of the location at which they are produced or the device used — are the intellectual property of the Employer under the Employee's Primary Contract and the Industrial Property Act No. 3 of 2001.
5. HEALTH, SAFETY AND WORKERS' COMPENSATION
5.1 The Employee shall maintain a safe, ergonomically appropriate, and adequately lit home workstation in compliance with the Occupational Safety and Health Act No. 15 of 2007 (OSHA).
5.2 Remote workstation assessment completed: [Workstation Assessment]. The Employer reserves the right to conduct periodic remote workspace inspections on reasonable notice.
5.3 The Employee shall report any work-related injury sustained at the remote work address to the Employer within 24 hours, to enable the Employer to comply with its reporting obligations under the Work Injury Benefits Act No. 13 of 2007 (WIBA). The Employee remains covered by the Employer's WIBA insurance policy while performing work duties at the approved remote work address.
6. GOVERNING LAW AND DISPUTE RESOLUTION
6.1 This Agreement is governed by the laws of Kenya, including the Employment Act No. 11 of 2007, the Data Protection Act No. 24 of 2019, and the Occupational Safety and Health Act No. 15 of 2007.
6.2 Any dispute arising from this Agreement shall be resolved by: [Dispute Resolution].
IN WITNESS WHEREOF, the Parties have signed this Agreement on the date first written above.
Authorised Signatory (Employer)
________________
Signature
Employee
________________
Signature
Witness
________________
Signature
What Is a Remote Work Agreement (Kenya)?
A Remote Work Agreement in Kenya governs the relationship between the parties by fixing what each must do.
The Employment Act No. 11 of 2007, administered by the Ministry of Labour and Social Protection, applies to all contracts of employment in Kenya regardless of where the work is physically performed. Section 9(1)(e) specifies that the written statement must include the place of work or, where there is no fixed or main place of work, a statement explaining this and the principal address of the employer. A Remote Work Agreement satisfies this requirement and supplements the primary contract of employment by addressing the specific operational requirements of remote working.
The Data Protection Act No. 24 of 2019, administered by the Office of the Data Protection Commissioner (ODPC), imposes obligations on employers as data controllers when employees process personal data from remote locations. An employer whose employees access, process, or store personal data — including customer records, financial data, or employee information — from home networks must implement appropriate technical and organisational measures under Section 41 of the Data Protection Act to prevent unauthorised access, disclosure, or loss of personal data. A Remote Work Agreement addresses the employee's obligations in this regard, including the requirement to use approved devices, encrypted connections, and virtual private networks (VPNs).
The Occupational Safety and Health Act No. 15 of 2007 (OSHA), administered by the Directorate of Occupational Safety and Health Services (DOSHS), extends to remote work locations in Kenya. Section 6 of OSHA places a duty on every employer to provide and maintain a safe working environment for all employees. Where employees work from home, the employer's duty of care includes conducting or requiring a home workstation assessment to confirm the remote workspace does not expose the employee to ergonomic hazards, electrical risks, or inadequate lighting that would constitute a breach of the employer's statutory duty under OSHA.
The Income Tax Act Cap. 470 and the Kenya Revenue Authority (KRA) treat employment income earned remotely as taxable income in Kenya where the employee is tax-resident in Kenya under the Income Tax Act. The employer remains obligated to operate Pay As You Earn (PAYE) on all remuneration under Section 37 of the Income Tax Act Cap. 470, regardless of the physical location at which the employee performs their work. Where the employer provides equipment — computers, phones, or internet allowances — these benefits in kind may attract fringe benefit tax under the Income Tax Act.
A Kenya Remote Work Agreement is distinct from a freelance or independent contractor agreement. An employee working remotely remains an employee under Section 2 of the Employment Act No. 11 of 2007 and retains all statutory employment rights, including annual leave under Section 28, sick leave under Section 30, maternity leave under Section 29, and protection from unfair termination under Section 45. A Remote Work Agreement cannot lawfully exclude or reduce any statutory employment right.
When Do You Need a Remote Work Agreement (Kenya)?
A Remote Work Agreement in Kenya is required in several distinct circumstances where an employer and employee wish to formalise a working arrangement that takes place outside the conventional office environment.
A Remote Work Agreement is needed when an employee requests to work from home on a permanent or semi-permanent basis and the employer wishes to document the terms, including the number of days per week the employee will work remotely, the core hours during which the employee must be contactable, and the equipment the employer will provide or reimburse. Without a written agreement, the terms of the arrangement may be disputed, and the employee may rely on custom and practice arguments before the Employment and Labour Relations Court to claim that the remote arrangement has become a contractual entitlement.
A Remote Work Agreement is required when an employer intends to deploy employees across multiple counties or locations within Kenya, and wishes to reserve the right to recall employees to the office. Section 10 of the Employment Act No. 11 of 2007 requires the employer to notify the employee in writing of any change to the terms of employment within one month of the change. A Remote Work Agreement that anticipates and documents the employer's right to vary the working location avoids the need to issue fresh Section 10 notices each time the arrangement changes.
A Remote Work Agreement is needed when an employee will be processing personal data from a home location under the Data Protection Act No. 24 of 2019. The Office of the Data Protection Commissioner requires data controllers — including employers — to implement binding data processing obligations with personnel. A Remote Work Agreement containing specific data security obligations, acceptable use of employer systems, and consequences for data breaches is an essential element of an employer's compliance framework under the Data Protection Act.
A Remote Work Agreement is required when an employer provides equipment, internet subsidies, or a remote work allowance. The Income Tax Act Cap. 470 and the KRA's employer guides specify that benefits in kind provided to employees are subject to fringe benefit tax. The agreement should record the value and nature of benefits provided so that the employer can account correctly for PAYE and fringe benefit tax obligations.
A Remote Work Agreement is needed when the parties need to address intellectual property ownership. The Employment Act and the Industrial Property Act No. 3 of 2001 may not automatically vest all work product created by an employee using personal equipment at home in the employer. A clear written agreement specifying that all work product created in the course of employment — regardless of location or equipment used — is the property of the employer avoids subsequent disputes over ownership of software, reports, or creative works.
What to Include in Your Remote Work Agreement (Kenya)
A Kenya Remote Work Agreement must contain the following essential elements to be enforceable under the Employment Act No. 11 of 2007 and to address the practical requirements of remote working in Kenya.
Parties and Employment Details: Full names of the employer and employee; the employee's job title, department, and line manager; the date the remote work arrangement commences; and whether the arrangement is permanent, fixed-term, or subject to review. Reference to the primary employment contract confirms the Remote Work Agreement supplements rather than replaces the primary contract.
Work Location: The approved remote work address — which may be the employee's home, a specified co-working facility, or any location pre-approved in writing by the employer. The employer's right to inspect the remote workspace for health and safety compliance under the Occupational Safety and Health Act No. 15 of 2007 should be expressly stated.
Working Hours and Availability: Core hours during which the employee must be reachable (e.g. 09:00 to 17:00 East Africa Time), the employee's obligation to attend the principal office on designated days or on reasonable notice, and the employee's right to disconnect outside agreed hours in accordance with the Employment Act No. 11 of 2007 s.9.
Equipment and Internet: Whether the employer provides a laptop, mobile phone, or internet allowance; the employee's responsibility to maintain employer equipment in good condition; and the obligation to return all employer equipment immediately upon termination of employment or revocation of the remote work arrangement.
Data Security and Confidentiality: The employee's obligation to use only approved devices and encrypted VPN connections when accessing employer systems; prohibition on storing confidential data on personal devices or unencrypted cloud storage; compliance with the Data Protection Act No. 24 of 2019 and the employer's data protection policy; and immediate reporting of any data security incident to the employer's designated Data Protection Officer.
Performance and Output Standards: Key Performance Indicators (KPIs) or output measures applicable to remote work; the employee's obligation to participate in regular virtual check-ins or performance reviews; and the right of the employer to revoke the remote work arrangement where performance standards are not met.
Health and Safety: The employee's obligation to maintain a safe and ergonomically appropriate home workstation; the employer's right to conduct a remote workspace assessment under the Occupational Safety and Health Act No. 15 of 2007; and the employee's obligation to report any injury sustained while working remotely to enable the employer to comply with the Work Injury Benefits Act No. 13 of 2007 (WIBA).
Termination of the Remote Work Arrangement: The notice period required by either party to vary or terminate the remote work arrangement; the process for recalling the employee to the office; and confirmation that termination of the remote work arrangement does not constitute a change to the employee's fundamental terms of employment under Section 10 of the Employment Act.
Governing Law and Dispute Resolution: The agreement is governed by the laws of Kenya. Disputes arising from the Remote Work Agreement shall be referred to the Employment and Labour Relations Court under the Employment and Labour Relations Court Act No. 20 of 2011, or to mediation before a conciliator appointed by the Ministry of Labour and Social Protection. The forms-legal.com Kenya Remote Work Agreement template addresses all statutory requirements under the Employment Act No. 11 of 2007 and the Data Protection Act No. 24 of 2019.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Remote Work Agreement (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/employment/contracts/remote-work-agreement-kenya
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title = {Remote Work Agreement (Kenya) (Kenya)},
year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/employment/contracts/remote-work-agreement-kenya}},
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Frequently Asked Questions
The Employment Act No. 11 of 2007 s.9 requires every employer to provide a written statement of particulars of employment that includes the employee's place of work. Where an employee works remotely, the employer must document the remote work location in writing. While the Act does not use the term 'Remote Work Agreement', the written particulars obligation means that any change to the place of work must be recorded in writing within one month of the change under Section 10. A standalone Remote Work Agreement satisfies Section 9 and Section 10 by comprehensively recording the remote work terms in a single document. Additionally, the Data Protection Act No. 24 of 2019 requires employers to have binding data security obligations with personnel who process personal data — a requirement that a properly drafted Remote Work Agreement addresses. Employers who fail to document remote work terms risk disputes before the Employment and Labour Relations Court and exposure to claims of constructive dismissal or unlawful variation of contract.
Yes, provided the right to recall the employee to the office is expressly included in the Remote Work Agreement or primary contract of employment. Section 10 of the Employment Act No. 11 of 2007 requires the employer to notify the employee of any change to the terms and conditions of employment in writing within one month of the change. If the Remote Work Agreement is silent on the employer's right to recall, and the employee has worked remotely for a substantial period, the remote arrangement may have become an implied contractual term through custom and practice. The Employment and Labour Relations Court has considered custom and practice arguments in employment disputes. Employers should therefore include an express reservation of the right to vary or terminate the remote work arrangement with reasonable notice — typically 30 days — without the change constituting a breach of contract or constructive dismissal under Section 49 of the Employment Act.
The Employment Act No. 11 of 2007 does not impose a statutory obligation on employers to provide home office equipment or internet connectivity to remote employees, but the Occupational Safety and Health Act No. 15 of 2007 requires the employer to provide a safe working environment, which may extend to ensuring the employee has adequate tools. In practice, most Kenya employers either provide equipment (a laptop and a phone) or pay a remote work allowance to cover internet and equipment costs. Under the Income Tax Act Cap. 470, employer-provided equipment is a benefit in kind that may attract fringe benefit tax at the rate of 30% on the taxable value under Section 12B. An internet allowance paid directly to the employee forms part of taxable employment income subject to PAYE. The Remote Work Agreement should specify precisely what the employer provides, the KRA tax treatment, and the employee's obligation to maintain and return employer equipment upon termination of employment or of the remote arrangement.
The Data Protection Act No. 24 of 2019, administered by the Office of the Data Protection Commissioner (ODPC), applies to any processing of personal data in Kenya. When an employee works remotely, they process employer data — including customer records, employee information, and financial data — from a location outside the employer's physical security controls. Section 41 of the Data Protection Act requires a data controller (the employer) to implement appropriate technical and organisational measures to protect personal data from unauthorised access, destruction, or disclosure. The employer must therefore ensure that remote workers use approved encrypted devices, virtual private network (VPN) connections, and strong password policies. A Remote Work Agreement should contain a dedicated data security clause imposing these obligations on the employee and specifying the consequences — including disciplinary action and termination — for data security breaches. The ODPC may investigate data incidents and impose administrative penalties of up to KES 5,000,000 or 1% of annual gross turnover, whichever is higher, under Section 71 of the Data Protection Act.
Yes. The Work Injury Benefits Act No. 13 of 2007 (WIBA), administered by the Directorate of Occupational Safety and Health Services (DOSHS) and the Ministry of Labour, covers all employees in Kenya regardless of where they perform their duties. Section 8 of WIBA requires an employer to report any occupational accident or disease to DOSHS within 24 hours of occurrence. If an employee sustains an injury while performing employment duties at a remote work location — for example, a fall in a home office — the employer is liable to pay compensation under WIBA. The employer must therefore maintain WIBA insurance cover for all employees, including remote workers. A Remote Work Agreement should require the employee to report any work-related injury immediately and to maintain a safe home workstation. The employer may conduct a home workspace assessment to reduce the risk of injury and to establish that the employer took reasonable steps to provide a safe working environment under the Occupational Safety and Health Act No. 15 of 2007.
Whether an employee can unilaterally end a remote work arrangement depends on the terms of the agreement. If the Remote Work Agreement is framed as a benefit or privilege granted by the employer — rather than a fundamental change to the contract of employment — the employee does not have the right to insist on remote work as a contractual entitlement. Conversely, if the parties have expressly agreed that the employee will work remotely as a term of the employment contract, the employer cannot unilaterally require the employee to report to the office without varying the contract of employment in accordance with Section 10 of the Employment Act No. 11 of 2007. The distinction is important: where remote work was the inducement for the employee to accept the employment offer, courts are more likely to treat it as a fundamental term. The Remote Work Agreement should clearly state whether the arrangement is a contractual right or a revocable employer-granted privilege, and the notice required by each party to vary or terminate the arrangement.
Remote work allowances paid to employees in Kenya are subject to income tax under the Income Tax Act Cap. 470 administered by the Kenya Revenue Authority (KRA). A cash allowance paid to an employee to cover internet, utilities, or home office expenses forms part of gross employment income and is subject to Pay As You Earn (PAYE) deductions by the employer under Section 37 of the Income Tax Act. Employer-provided equipment — laptops, monitors, mobile phones — is a benefit in kind taxable under Section 12B of the Income Tax Act at the annual value of the benefit. An employee who purchases equipment personally and is reimbursed by the employer may treat the reimbursement as a non-taxable expense recovery only where the amounts are properly documented and relate exclusively to business use. KRA routinely scrutinises employment tax returns for adequate documentation of benefits provided to employees, and employers should ensure that remote work allowances and equipment provisions are properly recorded in the employee's P9A annual earnings return.
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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