Ever felt that familiar Nairobi hustle anxiety, wondering if your job is as secure as you thought? When your boss asks you to re-apply for your own position every six months, it means your contract is essentially on a very short, renewable leash.
We break down what this practice really means for you, your rights under Kenyan labour law, and how to navigate this stressful situation without losing your peace of mind or your income.
What Does This “Re-Apply” Practice Actually Mean?
In simple terms, it means your employment is not permanent but based on fixed-term contracts that expire every six months. A common misconception is that this is just a “formality,” but it’s a serious legal arrangement. Each re-application is effectively the end of one contract and the potential start of a new one, which resets certain protections.
The Legal Reality vs. Permanent Illusion
Many employers, especially in sectors like private security, hospitality, or some NGOs, use this to avoid creating “permanent and pensionable” positions. For instance, a waiter at a hotel in Mombasa might work for years but keep signing new six-month papers. This keeps them from automatically qualifying for full benefits under the Employment Act, as their continuous service is legally interrupted.
Your Rights and Key Thresholds
Kenyan law is clear: if you work continuously, even on successive contracts, you may still be considered a permanent employee. A crucial threshold to remember is three months of continuous service. Once you pass this, you are entitled to a written contract. If your contracts add up, you gain rights like notice period, leave, and potentially unfair dismissal claims if not renewed.
How This Practice Affects Your Pay, Benefits, and Future
This six-month cycle isn’t just about job security; it directly impacts your wallet and career path. It creates a loophole employers can use to limit your statutory benefits and avoid long-term commitments, leaving you in a constant state of uncertainty.
Here’s what often gets compromised when you’re on rolling short-term contracts:
- Service Continuity: Each new contract can reset your “continuous service” clock. This is critical for calculating your severance pay, notice period, and even your annual leave days, which increase with years of service.
- Statutory Deductions: Unscrupulous employers might delay or underpay your NSSF and NHIF contributions, arguing each contract is a new employment. Always check your payslip and verify contributions via the eCitizen portal.
- Career Progression: It’s nearly impossible to get a promotion, salary increment, or sponsorship for further training when you’re technically a new employee every half-year. Your CV also suffers, showing fragmented employment.
- Access to Credit: Banks and SACCOs look for stable, permanent employment. Presenting a series of six-month contracts can make it very difficult to get a loan or mortgage, no matter how long you’ve actually been at the company.
Common Pitfalls and Mistakes to Avoid
Assuming Silence Means Renewal
Many workers think if they just keep showing up after a contract ends, the job is automatically renewed. This is dangerous. If your contract expires and you haven’t signed a new one, you could be working without any legal cover. Always get the new signed contract before the old one expires.
Not Keeping Your Own Records
Don’t rely on the employer to keep your documents safe. For every contract, payslip, and any communication about renewal, keep your own copies. Take photos with your phone if you must. This evidence is crucial if you ever need to file a claim with the Labour Office or a court to prove continuous service.
Signing a New Contract Without Reading Changes
In the rush to secure your position, you might sign the new papers without checking. The employer could have silently introduced new, unfavorable terms—like a lower basic pay, longer probation, or removal of allowances. Read every line, pole. If the terms change for the worse, that’s your moment to negotiate or seek advice.
Believing You Have No Rights
The biggest mistake is feeling powerless and accepting the situation as “normal.” Kenyan labour law protects you. If you have worked for successive periods, the law may view you as a permanent employee. Consult a lawyer or your union. You have more power than you think, especially if all your colleagues are in the same boat.
Your Practical Action Plan in Kenya
If you’re stuck in this six-month cycle, don’t just suffer in silence. Knowing your specific, local options is key. Here is a step-by-step plan grounded in Kenyan reality.
- Gather Your Evidence: Collect all your contracts, payslips (showing NSSF/NHIF deductions), and any letters or even SMS/WhatsApp messages about your employment. If you use M-Pesa for salary, your transaction history is also proof.
- Visit the Nearest Labour Office: Every county has a Sub-County Labour Office. Go in person; calling often leads to dead ends. Explain your situation calmly and present your evidence. They can summon your employer for a conciliation meeting at no direct cost to you.
- Understand the Cost of Justice: If the Labour Office fails, the next step is the Employment and Labour Relations Court. Filing a claim here has costs, including a court filing fee of approximately KES 1,000, plus potential lawyer fees. However, for clear cases of unfair labour practices, the court can award you compensation.
- Use Collective Power: In Kenya, there is strength in numbers. Talk to your colleagues discreetly. If several of you have the same issue, you can approach the employer as a group or join a union like the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) for collective bargaining power.
The Bottom Line
Being asked to re-apply for your job every six months is a strategy to limit your rights, not a normal formality. Your continuous service and contributions matter, and Kenyan law may still recognize you as a permanent employee deserving of full protection.
Don’t navigate this uncertainty alone. Share this article with a colleague who might be in the same stressful situation and start that crucial conversation about your collective rights at work.
Frequently Asked Questions About My boss asks us to re apply after every 6 months in Kenya
What happens if I refuse to sign the new six-month contract?
If you refuse, your current contract will simply expire and your employment ends. You would likely not be entitled to severance pay unless you can prove the non-renewal was unfair dismissal.
Before refusing, try to negotiate better terms or seek advice from a labour officer to understand your specific position and potential claims.
Can my employer fire me for complaining about this practice?
No, that would be considered victimization, which is illegal under Kenyan labour law. However, they might not renew your next contract, claiming other reasons.
This is why gathering evidence and, if possible, raising the issue collectively with colleagues is a safer and more powerful approach.
How long does it take to resolve a dispute at the Labour Office?
The conciliation process at the Sub-County Labour Office can take anywhere from a few weeks to several months, depending on their caseload and your employer’s cooperation.
Be prepared for follow-up meetings. If conciliation fails, the officer will issue a certificate to allow you to proceed to court, which takes much longer.
Do I need a lawyer to file a case at the Labour Relations Court?
While you can represent yourself, it is highly advisable to get a lawyer specializing in employment law. The process is complex and the employer will likely have legal representation.
Some lawyers offer initial consultations for around KES 2,000 – 5,000. You can also inquire about legal aid services if you cannot afford one.
Can I check if my NSSF contributions are being paid correctly online?
Yes, absolutely. You can check your NSSF statement online through the eCitizen portal under the NSSF service. You need your national ID number to log in.
Check this regularly. Missing contributions are a major red flag and strong evidence of an employer not fulfilling their legal obligations.
