Right of casual workers’ terms to be converted to a contract if they have worked for more than a month.

Casual employees have a right to have their employment converted to a term contract if the work to be performed if for more than one month. Section 37 of the Employment Act stipulates that a casual employment may automatically convert to a term contract where an employee works for more than one month or the accumulative days of work done amounts to one month or that the work assigned is mostly likely not to be completed within one month and the employee will have the benefits and rights as other employees under contract of service. Krystalline Salt Limited v Kwekwe Mwakele& 67 others [2017] eKLR Under section 37 of the Employment Act, the court has the power to vary the terms and conditions of service of workers and declare that employees are employed in terms and conditions consistent with the Employment Act. In this case, the claimants worked continuously for days, which in the aggregate was more than a month and as such under Section 37(1) (a) they had become protected by Section 35(1) (c) from arbitrary dismissal.  Under Section 31(1) (c) an employee cannot be terminated without prior written notice of 28 days.  In this case therefore, the respondent was barred from terminating the claimants’ employment without a prior written notice of 28 days.


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