When a casual worker becomes a regular employee
Employment Act, 2007 · sources read 4 Oct 2026
A casual worker who works continuously for a total of one month or more (or on work that needs 3 months or more) is treated by law as paid monthly, so 28 days' notice applies. After 2 months of continuous work you get the same terms as a regular employee.
- Where
- Your area labour office, or the Employment and Labour Relations Court
Steps
- If you are treated unfairly, file a complaint with the labour officer.
- The complaint is recorded on Form LD 64 at the area labour office after an interview.
- In a court case, the Employment and Labour Relations Court can change your terms and declare you employed on terms that meet the law.
Watch out
- Rest days and public holidays count as continuous working days. You also get one paid rest day after 6 days of work.
- While you are still casual, your pay is due at the end of each day.
- Full regular-employee terms start once you have worked continuously for 2 months or more from the day you were first hired as casual.
Who this covers
- Casual workers: paid at the end of each day and hired for no more than 24 hours at a time.
- Casual workers whose continuous working days add up to at least one month.
- Casual workers doing a job that can't reasonably be finished within 3 months.
Official sources (2)
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 3 Oct 2026