Ask HR: How Much Notice Should I Give While On Probation

“Hello I need legal advice. I was employed on 4th September 2018. I was given a 3 year contract that had probation of 6 months. After probation, there was to be an assessment and confirmation subject to that assessment. I got another job with much better terms at the end of my probation. I handed in my resignation on 7th March 2019…two days after the end of the probation period.

I gave one month’s notice. I had not been confirmed or assessed at any point during my probation. In fact there was no communication whatsoever from my employer after the end of my probation period. Now my employer is demanding payment in lieu of notice because the contract provides for 3 months’ notice.

However the contract is silent on notice period during probation. I am confused. Am I legally required to pay my employer?” Asks Jane

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What does the Kenyan Labor Law say about probation?

An employer has two options when employing you to join their team when it comes to probation periods;

To either give you a probationary contract – which is a contract that runs during your probation period and you will have to sign another contract if you are hired permanently.

Or, give you a normal contract with a probation period at the start – with this you won’t have to sign another contract that states you are no longer on probation unless the terms of employment need to change.

The employment contract you sign must clearly state the notice period

Your employment contract should state when you are to begin work. It should also indicate the notice period you are expected to give in case you want to resign.

Be very careful when reading this part to make sure that it does not have any restrictive clauses that will bar you from seeking employment from competitor companies for a certain period of time.

Knowing exactly how much notice you have to give will save you from having to pay the company or forgo your salary.

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What does the employment act say about notice period?

According to Muthoni Ndegwa, the General Manager at Corporate Staffing Service, “during probation, the employment act provides for 7 days’ notice or payment in lieu.

After probation, the provision given for notice period is 30 days or payment in lieu but this can vary from company to company depending on their internal policies and the law would consider what is indicated in the employment contract signed by both parties.”

In Conclusion,

You need to be very careful when it comes to signing contracts and look at what the notice period is, this will help save you from having to give up other job opportunities or paying the company for not giving them enough notice.

Do you have any question on notice period? Leave them in the comment section below.