Posted in education, social work

Law Lessons:1) Employment

Everyone gets employed at one time in their lives or become bosses who have employees. However, how well do you know the law that protects both parties without ending up in courts to sue one another. Am blessed to be in the midst of lawyers who teach me a thing or two about the law.
Employment is deemed to be employment if it is on a full time basis. Consultancy, distributors, been under contracts that is not employment since you don’t report to work on a daily basis. In matters of a contract, it should be done in writing and signed by both parties. If there is no contract and a dispute arises, the law is in favour of the employee😟. Yeah don’t give me that look, write the damn agreement!
Necessities of a contract include: name, age, gender, address, job description, duties, hours of work, payment, entitlement for annual leave (21days) including public holidays, disciplinary measures; before signing check all that out kindly. All employers and i insist ALL ( you know why am insisting) should provide housing near place of work. If not provide rent 16% of gross salary. More so, provide food, water and medical attention or insurance. Law just got better 😋.
Discrimination on whatever grounds is prohibited when hiring employees so is sexual harassment and unwelcome physical touch 🙅. Keep your hands off or filing a claim does the talking. You don’ t wanna mess with that, do you?
Money money money🎶🎼…salaries should be paid at the workplace anywhere else is prohibited. Do you know if you give me my mulla in a club I can actually refute I was never paid? Ulala! Let’s just do this business in the office. Wage order belongs to those people with no training at all like house helps, some watchmen( those not from our so called panda and other security firms) etcetera etcetera. Wages can be periodically, paid in excess, can be deducted due to absenteeism which is counted in a fraction let’s say you missed work twice so its 2/30 of what you earn ( take your lazy self to work). NSSF and NHIF are compulsory even for casual workers. If you don’t pay, be ready for heavy penalties. I know some organizations don’t pay the 2, I didn’t snitch😯. Now, when an employee dies within 30days of death, employer should pay wages to the immediate family member.
Vacay…who doesn’t want to rest their bodies off? By law there are six mandatory days of work and one rest day. Just one, come on! Maternity leave is of three months and that should not be a reason to terminate one’s work ( i have heard people getting fired for been in a family typa way). However, a seven days notice should be issued out prior to going for maternity leave otherwise blame no one when you come back to nothing. We all get sickly even that cough we like to excuse our bosses with is alright😀. Not more than seven days per year is what you entitled for been unwell. Half payment is the tune you dance to for extending those days. So save your coughs for some other time, shall we😉. When you lose a loved one, there is what is known as Compassionate leave which goes for a period of five working days while those in government institutions it is 21 working days. I envy you ‘serikali’ peeps.
Solidarity forever and the union makes us strong 💪…go join a recognized, registered union as an employee since it is your right and no one has the audacity to put a full stop to your work. If they do, see me😤.
Stick around for TERMINATION, REDUNDANCY lessons.