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 offers services that are not continuous 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 whether a person is an independent employee or contractor, the Kenyan courts or tax administration will examine the content of the agreement and not the form, in simple terms, you cannot make a person an advisor. Stanley MUNGAI MUCHAI V NATIONAL OIL CORPORATION of KenyaeKLR, kenyalaw.org/caselaw/cases/view/86630 terminology – using terms such as “employment contract,” “annual leave,” “discipline,” etc., can lead to an interpretation that a person is a worker. The former receive “service contracts” or “service contracts,” while the latter receive “service contracts.” How can you legally classify a person as a consultant or collaborator? A service contract, as defined by law, covers the employer-employee ratio when 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 might even be verbally after the Employment Act? In the case of a complaint, the labour tribunal has the power: – a contract of three (3) months or more should be written, and that is the employer`s responsibility: – there is a difference between a service contract and a “service contract”. This last point applies when you want to hire an independent contractor, also known as a consultant. How to realize a collaborator who will be issued a written letter of formal notice and will snatch the same in front of the HR team. Workdays are not an important factor, as an employee may be part-time.
The critical points are the nature of the work, its integration into the organization as described, etc. “… A true independent entrepreneur… will be a registered taxpayer, work his own hours, manage his own businesses, be free to work for more than one employer at the same time, will be charged to the employer each month for his services and will be paid accordingly and will not be subject to the usual “employment issues” such as the PAYE deduction, does not receive annual leave, no sick leave… An “advisor” is an independent contractor who has a specific specialty or skill and agrees to work at a fixed price for another. Yes, I indicated that the treatise 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.
The test of whether you are an employee or advisor has been a long-established test. It is a misdemeanour of not adopting an employment contract (section 16, paragraph 4).