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Career advice · Updated November 2026

Flexible Working and Part-Time Contracts in Kenya: What to Agree in Writing

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Flexible working in Kenya needs a clear agreement about hours, location, pay and availability. The Employment Act does not create a blanket right for every employee to choose remote work or a compressed week. Equally, calling a job “part-time” does not by itself remove employment protections. Start with the real working arrangement and put the relevant terms in writing.

This practical guide covers questions to settle before accepting or changing a schedule. It draws on the Employment Act text revised to 26 April 2024, with the source linked below. It is general information, not a legal opinion about a particular dispute. A collective agreement, sector rules and your individual contract can affect the answer.

Separate location, hours and employment status

Remote work describes where work happens. Part-time describes a reduced working schedule compared with the agreed full-time arrangement. Flexitime may allow some choice of start and finish times. A compressed week changes how hours are distributed across days. These labels do not mean the same thing, so a contract should describe what the parties actually intend.

A person can be a part-time employee working at an employer’s premises, or a full-time employee working remotely. A contractor label also does not settle whether the relationship is employment; the substance matters. Do not assume that using your own laptop, receiving a daily rate or working from home automatically makes you self-employed.

When should the agreement be written?

Section 8 of the Employment Act applies the Act to oral and written contracts. Section 9 requires writing where the contract is for a period, or number of working days in aggregate, equivalent to three months or more. It also covers specified work that could not reasonably be expected to finish within that period.

A short or oral arrangement can still raise rights and evidence questions. Ask for written terms even where you are unsure that the statutory writing threshold is met. A clear record reduces later arguments about whether a promised home-working day, payment or schedule was actually agreed. Our Kenyan employment contract guide explains the wider contract checklist.

Agree the schedule and availability

Write the normal working days, hours and place of work, together with any core hours when everyone must be available. If shifts vary, say how the roster is issued and how changes are communicated. Avoid a promise of “flexibility” that leaves the worker expected to answer messages every evening and weekend.

Ask how overtime or extra shifts will be authorised and recorded. A part-time arrangement should explain what happens when additional hours are requested rather than leaving payment to an informal understanding. Check the applicable terms and rules with your employer; this guide does not prescribe one overtime rate for every Kenyan occupation.

The working hours and overtime guide covers related issues. For your own records, retain rosters, approvals and accurate hours worked without copying confidential company information to a personal device.

Make pay and benefits understandable

Section 10 includes particulars such as remuneration, payment intervals, working hours and relevant benefits. Ask whether the quoted amount is hourly, daily or monthly, what it covers and when payment is due. If the schedule changes each month, agree how the calculation will be shown and checked.

Do not assume that part-time workers have no leave, or copy a universal pro-rata formula from another country’s website. Establish the applicable entitlement under Kenyan law and your contract, and record how leave will be booked for your work pattern. See our annual leave guide for the general Kenyan framework, then ask for clarification on the specific arrangement.

Before accepting a figure, distinguish gross pay from take-home pay and ask about the applicable statutory deductions. Our net salary calculator is an estimate tool, not a substitute for a payslip or professional advice on an unusual arrangement.

Equipment, expenses and information security

A remote-work agreement should identify who supplies equipment, which expenses are reimbursed and how approval works. Ask who handles repairs, whether you may use a shared device and what to do if internet or electricity fails. Do not assume that a broadband or transport allowance is included unless the terms say so.

Agree how confidential records are accessed and stored. A manager may need reasonable visibility of outputs and availability, but the practical method should be clear. Ask which communication channels are official and how to report a lost device. Keeping client information secure is a separate obligation from meeting a deadline.

Ask for flexibility with a specific proposal

A useful request describes the change, the business reason it can work and how results will be assessed. For example, propose particular home-working days, core contact hours and a review date. This is an example of a discussion structure, not a statutory application form or an entitlement to automatic approval.

Discuss coverage for meetings, clients and colleagues. If the employer suggests a trial, agree the start and review dates, who decides whether it worked and what happens afterwards. Keep the focus on a workable schedule rather than promising unrestricted availability that defeats the purpose of the request.

Record changes instead of relying on a chat message

Section 10 requires consultation and a written statement reflecting relevant changes to the employment particulars. When a flexible arrangement is approved, ask for the updated terms or a signed variation and keep a copy. Confirm whether it is temporary or continuing and how either party can seek another change.

If there is a disagreement, first gather the contract, variation, rosters and relevant correspondence. Use the employer’s grievance route and seek appropriate advice if it remains unresolved. Our workplace discrimination guide is relevant where the concern involves unequal treatment on protected grounds; not every refusal of remote work is automatically unlawful discrimination.

Source and practical next step

The legal points in this guide come from sections 8, 9 and 10 of the Employment Act, Kenya Law text revised to 26 April 2024. Check for later amendments and applicable sector or collective terms when making a legal decision. For a new role, ask for a written offer setting out the actual work pattern before you resign from another job or commit to travel costs.

For related payroll context, see Business Radar’s guide to salary deductions employers cannot make; a flexible schedule does not make every deduction permissible.

Frequently asked questions

Can every Kenyan employee insist on working from home?

The Employment Act does not provide a blanket right for every employee to choose remote work. Check the contract, employer policy and any other applicable terms or legal obligations.

Does part-time mean casual employment?

No. Reduced hours do not by themselves determine employment status. Look at the actual relationship and applicable contract and law.

Should flexible hours be recorded in writing?

Yes. Record the agreed hours, location, availability, pay and review arrangements. The Act also requires written contracts and particulars in the circumstances described in sections 9 and 10.

Is there one leave calculation for every part-time arrangement?

Do not assume a universal formula. Establish the entitlement under applicable Kenyan law and the contract, and clarify how it works with the agreed schedule.

Free tools for Kenyan workers: work out your take-home pay with the net salary calculator, check tax with the PAYE calculator, or estimate what you are owed with the terminal dues calculator. See all salary and HR tools.

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