Casual Employment Holiday Entitlements

Summary

Casual employees in Kenya typically do not receive paid holidays unless specified in their contract. Public holidays within a continuous six-day work period are counted as part of the working days but are not necessarily paid. A paid rest day is granted after six continuous working days. Double overtime is paid at twice the standard rate for hours beyond regular working hours, often applicable on public holidays or weekends.

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I kindly need your help on a casual employment matter. As a casual employee am i entitled for a paid holiday even if i don't come to work and what are the conditions to earn a paid holiday?
As a casual employee in Kenya, you generally do not have an entitlement to paid holidays unless specified in your employment contract. However, conditions may vary based on your agreement with the employer. Could you share if you have a written contract or any specific agreement regarding holidays?
Yes, a 3 months fixed term contract
With a fixed-term contract, you're typically entitled to benefits outlined in the agreement. Check your contract for holiday entitlements. Generally, fixed-term contracts may include holiday pay, similar to permanent employees. Review the terms or consult an HR representative for clarity.
how do you then interpret this clause from the employment act if casuals are not entitled to a paid holiday? *. Conversion of causal employment to term contract “In calculating wages and the continuous working days under subsection (*), a casual employee shall be deemed to be entitled to one paid rest day after a continuous six days working period and such rest day or any public holiday which falls during the period under consideration shall be counted as part of continuous working days.”
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The clause essentially means that if a casual employee works for six continuous days, they are entitled to one paid rest day. Any public holiday falling within this period is counted as part of the continuous working days. It doesn't provide a paid holiday but ensures rest and holiday are acknowledged in continuous work calculation.
what is double overtime in kenya
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In Kenya, double overtime refers to the payment made to an employee who works more than the regular working hours, typically at twice their standard hourly rate. This usually applies to hours worked beyond a certain threshold, such as public holidays or weekends, depending on the employment contract or company policy.
how do you then interpret this clause from the employment act if casuals are not entitled to a paid holiday? *. Conversion of causal employment to term contract “In calculating wages and the continuous working days under subsection (*), a casual employee shall be deemed to be entitled to one paid rest day after a continuous six days working period and such rest day or any public holiday which falls during the period under consideration shall be counted as part of continuous working days.”
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The clause from the Employment Act implies:
- A casual employee is entitled to a paid rest day after working continuously for six days.
- Any public holiday within this six-day period is part of the continuous working days.
- It acknowledges rest and holidays in the calculation but not as separate paid holidays.
so is the public holiday falling in the continuos six days supposed to be paid?
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In Kenya, public holidays falling within a continuous six-day work period for casual employees are counted as part of the continuous working days. However, they are not necessarily paid holidays, unless specified in your contract. The focus is on ensuring a rest day within this period.