Under Section 37 of the Kenyan Employment Act, where a casual employee works continuously for an aggregate period exceeding 2 to 3 months (or performs work that is naturally continuous), their engagement automatically converts by law into a contract of service subject to standard termination procedures and full employment rights.
What does automatic conversion mean?
The important word is automatically. The change comes from the law itself. Calling someone a casual employee does not, on its own, answer whether their engagement has converted under this rule. The working arrangement needs to be considered against what Section 37 says.
For a worker, this means it is worth paying attention to the history of the work, rather than relying only on the name used for the arrangement. For an employer, it means checking the working arrangement before assuming that someone remains a casual employee.
Why does conversion matter?
The rule connects conversion with standard termination procedures and full employment rights. Ending the engagement is therefore not simply a matter of pointing to the word “casual”. Whether the engagement has converted matters when considering how it may be brought to an end.
The rule also refers to work that is “naturally continuous”. That wording should not be replaced with an assumption that every repeated task necessarily qualifies. If there is uncertainty about how it applies to particular work, seek an explanation based on the actual circumstances.
What should workers and employers keep track of?
A clear record can make the working arrangement easier to discuss. Useful practical steps include:
- Keep a record of the dates worked and any gaps between them.
- Keep copies of messages about reporting to work and the tasks assigned.
- Keep available payment records.
- Ask for the terms of the arrangement in writing.
These are ways to preserve information, not a guarantee of any particular outcome. A worker and employer may understand the same arrangement differently, so having the details available is useful.
If questions arise about conversion or ending the engagement, speak to an advocate with those records at hand. Focus the discussion on the work actually done, its continuity and the period worked—not just the label attached to it.
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.