How to ensure proof of employment when working for an entertainment joint

The recent closure of Groundless lounge came with the shocking revelation that the workers had not received their salaries for three months.

Days after, an anonymous Nakuru resident took to a famous local blog to air out the very same issue; lack of payment by their employer.

In the message sent, the social media user noted that they work at a popular joint in Nakuru, where it has sort of become a norm for the workers there to work without receiving their salaries.

Speaking to Mtaa Wangu on the same topic Joan* who currently works at a known nightclub in Nakuru shares, "It's actually quite common for bar, club or even restaurant workers to go months without receiving pay all with the promise of receiving it in the coming month."

The waitress additionally notes that most club owners take advantage of the desperation for a job, therefore dictating the terms of payment with word of mouth.

Advising on this very topic, Advocate Stephen Opar shares, " Very many employers find it unfavourable to employ on permanent terms leave alone contract terms. They simply dictate the terms with word of mouth leaving the employee very vulnerable to unfair termination of employment or issues as the ones we're seeing."

The advocate advices on asking for a personal copy of contract or something that proves your employment at the establishment once appointed as an employee.

"In an arrangement where you're paid at the end of every month and have worked at the establishment for more than three months, the law deems you an employee on permanent terms. This means that you can therefore proceed to the courts to seek justice or settle any grievances."

For one to take this step, Mr Opar highlights having with you evidence of payment for you to present at the courts.

"Whenever you're asking for payment, shy away from receiving it as cash since that has no trail. Insist on getting it deposited into your bank account and if that can't be done, M-Pesa is the next best option. This will serve as evidence of your employment since you've not signed a physical contract."

As the discussion comes to an end Mr Opar shares, "What people can do to safe guard themselves against such in future is to educate themselves. Take some time to go through labour laws and familiarise yourself with your rights."