Am I a casual employee?

Happy New Year, my dear reader, 

We closed the year with our motivated employees, and we want to keep our employees motivated. For this to happen, we need to have clear lines of communication and information.

Let me first dispel a fallacy. Most people believe that this is a casual employee just because you have not given your employee a contract. Once an employee works with you continuously, that individual is not a casual employee. A casual employee is one who is paid for the day’s work, and they move on. With no written contract, paying someone at the end of the month does not make them a casual employee. 

Most of the employment relationships you encounter are based on no written contract. Even if there is no written contract, it does not mean that the employment relationship is not defined. The terms are oral in nature. 

The parties orally agree on salary to be paid, hours of work, days of work, payment of wages through Mpesa or cash, break time, etc. All the parties concerned generally adhere to these terms. 

However, at times, especially when a dispute arises, it becomes a situation of who said what. It is the employers’ responsibility to keep a record, so if you don’t have any records as an employer, how do you prove that what the employee is saying is not correct. 

I know most of us see an employer as this big corporate giant with offices in skyscrapers with a tea break at 10 AM, but in most cases, you and I are employers in our homes or side hustles with one employee running up and down. 

This series is for you and the employee to know what to expect at the workplace. In the next article, we shall delve into whether you should have an oral or written contract. 

Be further advised that we shall not be held liable in the event you rely on the information herein without a further in-depth consultation based on your unique circumstances as the same is a general guideline. Our team at Wachira Wanjiru & Company Advocates continue to be available for any consultations that you may require with regard to arising legal issues. Contact us on info@wachirawanjiru.co.ke or +254720790133 for your business needs.