Is there also a difference between a “contractor” contract and a “consulting contract”? How would you define a contract that is issued to someone who provides services that are not ongoing services? B for example, short stays of 2 days, 1 week, 1 month at different intervals, but like any other employee working in an organization? EVERRET AVIATION LIMITED v KENYA REVENUE Authority (THROUGH THE COMMISSIONER OF DOMESTIC TAXES)  eKLR, kenyalaw.org/caselaw/cases/view/88693 Whenever the question arises as to whether a person is an employee or an independent contractor, the Kenyan courts or the tax authority will review the content of the agreement and not the form, in simple terms, you cannot make a person a consultant. Stanley MUNGAI MUCHAI V NATIONAL OIL CORPORATION of KenyaeKLR, kenyalaw.org/caselaw/cases/view/86630 terminology – the use of terms such as “employment contract”, “annual leave”, “discipline”, etc. – can lead to the interpretation that a person is an employee. The former receive “service contracts” or “service contracts”, while the latter receive “service contracts”. How to legally classify a person as a consultant or employee? A service contract, as defined by law, covers the employer-employee relationship if the employee agrees to serve the other for a certain period of time for a salary or salary. In Stanley Mungai Muchai vs. National Oil Corporation of Kenya  eKLR, the following tests were repeated: – I thought a contract could even be verbally under the Employment Act? In the event of a claim, the Labour Court has the power: – a contract of three (3) months or more must be drafted, and this is the responsibility of the employer: – there is a difference between a service contract and a “service contract”. This last point applies if you want to hire an independent contractor, also known as a consultant. How to realize an employee who receives a written letter of resignation and enters it in front of the human resources team.
Business days are not an important factor, as an employee can work part-time. EVERRET AVIATION LIMITED v KENYA REVENUE AUTHORITY (THROUGH THE COMMISSIONER OF DOMESTIC TAXES)  eKLR, kenyalaw.org/caselaw/cases/view/88693 STANLEY MUNGAI MUCHAI V NATIONAL OIL CORPORATION OF KENYAeKLR, kenyalaw.org/caselaw/cases/view/86630 Whenever a question arises as to whether a person is an employee or an independent contractor, the courts or the Kenya Revenue Authority will consider the content of the agreement and not the form. Simply put, you cannot make a person a consultant by giving him a consulting contract, the essence of the agreement must embody such an agreement. The critical points are the nature of the work, its integration into the organization described, etc.” A true independent entrepreneur. being a registered taxpayer, working their own hours, running their own business, having the freedom to work for more than one employer at the same time, being billed to the employer each month for their services and being paid accordingly and not subject to the usual “employment problems” such as the PAY deduction, does not receive annual leave, sick leave. A “consultant” is an independent contractor who has a particular specialty or skill and agrees to work for another at a fixed price. Yes, I pointed out that the treaty could be oral or written. However, a contract of 3 months or more is required in writing. In addition, KRA may charge unpaid payments, accrued penalties and interest.
The warning remains valid. I would advise you to put a note on the “tears” in the employee`s personal file and follow the letter with an email confirming the issuance of the warning. Yes, I have indicated that the contract can be oral or written. However, a contract of 3 months or more must be in writing. A service contract as defined in the law covers the employer-employee relationship in which the employee agrees to serve the other for a certain period of time in exchange for a salary or salary. Next article on. The terms and conditions of employment that must be included in any employment contract An employee may complain to the employment officer if his employer does not issue an employment contract in accordance with the law. A contract with a duration of three (3) months or more must be drafted, and this is the responsibility of the employer: – An employer controls not only the work to be performed, but also the way the work is done. The employer goes, for example. B define working hours, pay salary, give leave, define job description, etc., while a consultant is considered an expert whose mode of work is not defined or dictated by anyone, the task or scope of work is clearly defined and the consultant/independent contractor must determine the “how”, and it receives at the time and in the manner, which may be agreed, fees. Testing whether you are an employee or consultant is a long-established test. Failure to accept an employment contract constitutes an administrative offence (§ 16, paragraph 4).
If an employer attempts to invoke a clause that it believes is part of the contract and has not yet issued a written contract, the burden of proof is that the alleged clause was part of the contract. An employer cannot avoid the obligations imposed on him by calling a consultant to a person who is essentially an employee. Failure to issue an employment contract constitutes a criminal offence (§ 16 para. 4). The employer is fined not exceeding Kshs. 100,000/= or a maximum term of imprisonment of two (2) years or both. In the event of a complaint, the Labour Court has the power to: – There is a difference between a “service contract” and a “service contract”. The latter applies if you want to hire an independent contractor, also known as a consultant.
The test for whether you are an employee or a consultant has been established for a long time. I thought that a contract could even be verbal under the Labour Code?. . . .