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EXPRESS TERMS OF A CONTRACT OF EMPLOYMENT

Express terms are contained in the contract of employment entered into by the parties.  These may include wages, salaries, commissions, bonuses, hours of work, nature of the duties, holidays, overtime, sick pay, pension schemes, insurance etc.


Variation – of the express terms of contract of employment require mutual consent.  Express terms, like express terms of a contract cannot be unilaterally varied

Promotion to another level without change of any express terms of the contract does not mean a revision of the express terms of the contract of employment, See Chase v Barclays Bank [1990] KLR 595

Express terms are found in the individual contract of employment, statute and a collective bargaining agreement applicable to the employee.  S. 28(1) sets out the minimum time allowable for  annual leave in any contract of employment at not less than 21 working days; 29(1) sets maternity leave at 3 months,  etc.

Breach of a contractual term may result in dismissal – s.  44 (3) empowers the employer to dismiss an employee “summarily when the employee has by his conduct indicated that he has fundamentally breached his obligations arising under the contract of service.” Fundamental breach is a factual assessment, with recourse to a Labour Officer allowed under s. 47(1) for complaint within 3 months

 
 
 

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