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Severance / Service Pay
mazingira
#1 Posted : Wednesday, August 19, 2015 8:39:07 AM
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Joined: 10/26/2012
Posts: 136
Please can it be clarified because im confused i keep getting mixed messages , is severance or service pay still applicable in kenya?

I have heard and been told that if an employer is paying his part of the nssf contribution then their is no compulsion to pay severance or service pay.

I have also seen that the ITAX system calculates PAYE if this payment is made .

Othelo
#2 Posted : Wednesday, August 19, 2015 9:07:47 AM
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Joined: 1/20/2014
Posts: 3,528
Starting point, there is a difference in law between service pay and severance pay.

1. Service pay - paid when you leave employment voluntarly.It had good intentions for employees to benefit form the employer as they leave. However, the clause (employment act 35... and more specific 35 (5) & (6) rendered its payment not possible.

2. Severance pay - paid when you leave employment due to retrenchment, redudancy or lay-off (basically same things). This is very clear in the employment act 40. The payment is a a minimum is 1 months notice in lieu of notice and a minimum of 15 days pay for every year work at current salaries.

3. All payments are subject to taxation.
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
Othelo
#3 Posted : Wednesday, August 19, 2015 9:39:33 AM
Rank: User


Joined: 1/20/2014
Posts: 3,528
However, you should also check out how these components are structured in your HR manual/policy document.
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
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