Last time I covered briefly on employment law in Kenya and here is the link in case you missed it Law Lessons:1) Employment
Now allow me to talk on redundancy and termination still under employment.
This can be by employer or employee’s own will. If contract was for daily wages then at times it is not necessary to give a notice. However, if you were getting dough periodically, give a 2 days notice prior to the day of termination. If monthly, give a 1 month notice. So what happens in cases where you were to give a notice but ahhh, you assumed? You should give 1 month pay (employees – employer/ employer – employee).
There is something known as Service Pay that many of you do not know about. Either party doing the termination should pay service for every year worked for. Example: one worked for 10 years and pay was Ksh 5,000 then 5,000×10 is your service pay and should not be taxed.
Many are the times you get yourself fired with no notice or reason whatsoever. Termination is deemed unfair if:
- No notice was issued out
- One is not given an opportunity to defend themselves
- There is no legit reason
If employer is to terminate their employee there are things that should be taken into considerations:
- Notice to show cause. Here an employee can call for a meeting to defend him/herself and also tag one person along to help refute the claims. Legit reasons might get your ass hired back. How cool is that getting yourself back to work in just one shot?😎
- Warning letters are of importance. You just don’t wake up one day and decide you have had enough with so and so. No honey, that might put you in a frying pan if not fire. If no warning letter has been issued and a learned employee like me decides to sue your ungrateful company, then the court shall come to my rescue😏.
Talking of sue, as an employee you get paid 12months salary+service pay+1 month salary. Walking outta that court loaded 💰
As you work out that calculation, don’t start tripping yet. The game may just die in front of you with a Summary Dismissal. This is where no time is given for notice to show cause. Reasons like direct disobedience (insubordination), abseentism, drunkenness, theft, been charged and convicted can make the employer kick you out in a blink of an eye.
We have seen this with most companies but maybe you never knew the term been redundant. When the service you were giving is no longer of value then one is deemed for redundancy. Examples: POSTA, Plastic bags where we in the venture to join our Rwandese peeps in abolishing them for a clean environment etcetera. Or maybe say technology replaces your manpower and you left jobless. Now you roger, I suppose.
Any who, if you declared redundant there should be a 1 month notice+ service pay.
Then, not everyone gets packing as some are retained. The longer you have been in that job and bonus of been a good employee should make employers want to retain you.
And am done teaching some employment law, hope you now know your right and as an employer you learned a lesson or two. Do not hesitate for questions you know where to slide them ☺.