Original article by aip-advocates.com
1. WHAT IS A CERTIFICATE OF SERVICE? 🧐
It is a document given to an employee by the employer at the end of the employment period as proof of employment.
2. AFTER HOW LONG IS AN EMPLOYEE ENTITLED TO ONE?
After working for four consecutive weeks or more.
3. WHAT ARE THE CONSEQUENCES OF FAILING TO GIVE ONE?
It is an offence that attracts a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months or both. The court can compel an employer to issue a certificate of service.
4. WHAT INFORMATION SHOULD NOT BE INCLUDED?
Knowingly including a false statement in a certificate of service is an offence. An employer is also not bound to give to an employee a testimonial, reference or certificate relating to the employee’s character or performance or state the mode of separation. This is because providing such information may make it difficult for an employee to be employed in the future.
5. WHAT INFORMATION SHOULD BE INCLUDED? ✅
Name of the employer and his postal address; name of the employee; date when employment of the employee commenced; nature and usual place of employment of the employee; date when the employment of the employee ceased; and such other particulars as may be prescribed.
