Ever felt that ‘this job is not for me’ and handed in your resignation, only to later think, “Haki, maybe I was too hasty”? The idea of resigning and then asking to return later is a real dilemma many Kenyan professionals face.
We look at whether Kenyan labour laws and company policies allow this ‘U-turn’, the risks involved, and how to approach your former boss if you change your mind. Knowing your options can save you from a tough situation.
What Kenyan Law Says About Resigning and Returning
There is no specific law in the Employment Act that forbids you from asking for your old job back. However, your right to return depends entirely on your former employer’s willingness to rehire you. A common misconception is that you have a legal ‘cooling-off’ period to withdraw a resignation; once you submit it, it’s typically final unless your boss agrees otherwise.
The Role of Your Employment Contract and Company Policy
Your signed contract and the company’s HR manual are your first points of reference. Some firms, especially large ones in Nairobi’s corporate sector, have clear policies on re-employment. For instance, a bank like Equity or KCB might require a minimum waiting period of six months or treat you as a completely new applicant, going through the full interview process again.
Key Considerations Before You Ask
Your relationship with your former manager is crucial. If you left on bad terms after a disagreement, your chances are slim. Also, think about your professional record; issues like pending disciplinary cases or a history of absenteeism will follow you. Most importantly, understand that there is no automatic right to reinstatement in Kenya, regardless of how talented you were.
The Practical Steps and Financial Implications
If you are seriously considering this path, you must handle it strategically. Pole, but walking back into the HR office and simply asking is not enough. You need to plan your approach and understand the financial and procedural reset you’ll face.
First, you must formally re-apply. Your previous employment is terminated, so you start from zero. This means:
- Your previous tenure does not count for the new contract. You lose continuity of service, which affects things like leave days and notice period calculations.
- You will undergo fresh background checks, and your previous exit clearance with documents like the P9 form from your old payroll will be reviewed.
- Your NSSF and NHIF contributions will be registered under a new membership number if you had closed the previous one, causing a split in your records.
Financially, it’s a reset. Your previous salary is not guaranteed. You might be re-hired at a lower grade. Crucially, any terminal benefits like pension or your final pay, including accrued leave days paid at your old rate, were settled when you left. You cannot claim them again. If you received a gratuity, you may even be required to pay it back if your new contract has a clawback clause.
Common Pitfalls That Can Ruin Your Chances
Assuming Your Old Job is Waiting for You
Many people think the company has not filled their position. In reality, roles are often advertised internally within weeks. Do not resign without a solid plan, hoping for a fallback. Instead, discreetly check with former colleagues about vacancies before you make any move.
Burning Bridges on Your Way Out
Speaking your mind during the exit interview or bad-mouthing the manager as you leave feels good, but it destroys any chance of return. The Kenyan corporate world is small. Always exit professionally, complete your handover, and express gratitude, even if you’re unhappy.
Not Considering the “Office Politics” Factor
You might think your skills are all that matter. However, your return can be blocked by a manager who felt betrayed by your departure or colleagues who see it as unfair. Gauge the office climate through your networks before you even ask.
Forgetting About Your Financial Reset
You will likely start with a new probation period, maybe 3 to 6 months, with no job security. Your salary might be lower, and you’ll lose seniority. Budget for this potential income drop; don’t assume you’ll walk back into your old paycheck.
the Kenyan HR and Tax Re-Entry
If you are re-hired, your employer will process you as a new employee. This means you must provide all your KRA documents again, including a valid PIN certificate. Your previous payroll records are closed, so your new income will start being reported under a fresh employment record on the iTax system. This can sometimes cause temporary issues with your personal tax reliefs until the records merge.
You will also need to reactivate or confirm your statutory deductions. For NHIF, you’ll fill out the Employee Registration Form again. For NSSF, your employer will register you, but you might get a new membership number, splitting your contribution history. It’s wise to follow up with both institutions to consolidate your records and avoid losing benefits.
A key tip is to handle your final dues from the previous stint carefully. If you were paid for accrued leave days or a gratuity, keep those payslips and bank statements. Some companies, especially in the public sector or large parastatals, may require you to present a clearance letter from your previous department head before they can even consider re-hiring you. This ‘good conduct’ letter is a cultural norm that holds significant weight.
The Bottom Line
Resigning and returning is not a right but a privilege granted by your former employer. Your success depends almost entirely on the relationships you maintained and the professionalism of your exit. In Kenya’s interconnected job market, burning a bridge can close many doors.
Before you make any drastic move, have an honest conversation with a trusted mentor or HR professional about your reasons for leaving. Share this article with a colleague who might be facing the same dilemma—talking it out can save you from a costly mistake.
Frequently Asked Questions About Can You Resign, Decide to Go Back Later? in Kenya
Will my previous years of service count if I’m rehired?
No, they typically will not. A new contract means you start from zero. Your previous tenure for calculating leave, notice period, and even pension benefits is usually reset.
This is a major financial consideration, as you lose the seniority and benefits accrual you had built up over time at that company.
Can my former employer legally refuse to take me back?
Absolutely yes. Kenyan labour law does not force an employer to rehire a former employee. The decision is entirely at the company’s discretion based on their needs and your past record.
They are not required to give a reason, though many will cite operational requirements or company policy.
How should I formally ask for my old job back?
Do not just call or send a casual WhatsApp. Write a formal email or letter to your former manager or HR, expressing your interest in any suitable openings and your desire to return.
Attach your updated CV and be prepared to explain why you left and what has changed. Honesty is your best policy here.
What happens to my NSSF and NHIF if I return to the same company?
You will be registered as a new member. The company’s payroll will generate a new membership number, which splits your contribution history between the old and new records.
You must proactively contact NSSF and NHIF to consolidate these records to ensure your benefits are calculated correctly in future.
Is there a best time of year to try and return to a former employer?
Timing can help. Try approaching during budget planning seasons, often towards the end of the financial year or start of a new quarter, when departments may have approved new headcount.
Avoid December, as many offices are closing, and January, when budgets are often tight and focus is on new year planning.
