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A compliant independent contractor agreement for hiring in Kenya

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Library
Country specific hiring info

A compliant independent contractor agreement for hiring in Kenya

Get your independent contractor agreement in Kenya for $0

Hey, we’re Thera: The platform built for hiring and paying contractors, all over the world. We’ve got locally-compliant contracts in more than 150 countries—written to comply with local contracting laws in places like Kenya.

The good news:  Thera’s free until you pay your first contractor. So, grabbing your contractor agreement costs you a grand total of $0. Hit the button below to pick up your locally-compliant contract in Kenya. It takes all of 2 minutes to sign up.

Answering all your questions about independent contractor agreements in Kenya

You may have questions. We’re here to answer them. Below, you’ll learn all the extra stuff you should probably know before putting together an independent contractor agreement for Kenya.

Why do I need an independent contractor agreement in Kenya?

Independent contractor agreements are a legal record of the terms of a company’s relationship with a contractor. Because independent contractor arrangements are not covered by labor laws, a written agreement is the most straightforward way to establish a legal relationship, and subsequently legal accountability, between your company and a contractor. Written independent contractor agreements help protect companies and contractors from losing out if one party defects on the terms of your contract. Moreover, they help protect companies from pricey employee misclassification risks. 

Kenyan courts have historically used five guidelines when determining if a contractor has been incorrectly classified. The hiring company must have no direct control over the contractor, the contracted work must not be essential to the core of the business, contractors must not be on the hiring company’s payroll, the hiring company must not withhold taxes from the contractor’s compensation, and the hiring company is not liable for the wrongful acts of the contractor. If these guidelines are consistent with what your company is looking for, the next step is securing a compliant independent contractor agreement. 

So is getting a written agreement worth it? Definitely—for your company’s protection, and your prospective contractor’s.

What do contractor agreements in Kenya typically need to have?

Every contractor agreement in Kenya (and, the rest of the world) can be broken up into two parts:

  • Contract-specific variables: This includes things like scope of work, rate, and deadline. They’re the project-specific variables that you’ll include with each contract, and are totally dependent on what type of work you’re hiring a contractor to do.
  • Everything else: Besides things like scope and deadline, every independent contractor agreement in Kenya should follow a similar structure. If you want to grab your own contract with a compliant structure for Kenya, sign up to Thera
What makes contractors different from employees in Kenya?

Hiring a permanent employee typically involves an expensive, time-consuming, and paperwork-intensive process. Because independent contractors are legally self-employed, most companies find that hiring them is cheaper, faster, and easier. There are additional differences beyond the hiring stage, though, that you should understand before you decide what’s best for your company.

Here are a few of the key things that make contractors different from employees in Kenya:

  • Contractors can set their own schedules
  • Contractors can work with their own software and tools 
  • Contractors can work for other clients 
  • Contractors rarely receive benefits, like health insurance*

The autonomy associated with being one’s own boss is a benefit for many contractors that can’t be matched by a traditional employer-employee arrangement. With the freedom to abide by their own schedules and take on work with other clients, contractors are empowered to take control of their own careers. The benefit for hiring companies? You get to have tasks completed by talented individuals without the extra hassle of onboarding an additional employee. If this sounds ideal for your business we can help you get the hiring process started with a compliant agreement. 

*With Thera, you can get your contractors access to sign up for premium global health insurance, from SafetyWing, at a 50% discount.

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