Posted in advocacy, education, law, social work

Law Lessons 2: Redundancy and Termination

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.

TERMINATION
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.

REDUNDANCY
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 ☺.

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Posted in community, personalgrowth, social work

Good Deeds Day

Fresh air, pomp and colour filled the air in the not so crowded city under the sun on a Sunday mid morning (Sunday is actually the best day for walking in Nairobi). KICC was the place to be as the international day of volunteering went down in a terrific way. Good deeds marked every 2nd April is a day of doing good for a better society. Launched by Shari Arison, an Israel businesswoman and philanthropist, her remark during the launch summarizes what this event unfolds:

I believe that if people will think good, speak good and do good, the circles of goodness will grow in the world. Good Deeds Day has become the leading day of giving and this year individuals, school children, students, soldiers and employees from many businesses are joining in for the annual Good Deeds Day with the aim of doing a good deed for others

An invitation from my boss in our work WhatsApp group(one of the many reasons we love her), made me mark my calendar to a must attend event. All alone, I visited tent to tent interacting with the many organizations that had come to showcase their works. I was impressed by artists who make a living from their unique designs, internationals who had just got to the country and already had mastered our national lingo( Swahili ain’t hard after all), youths who were having different initiatives in uplifting our communities through advocacy, securing food security, changing street children lives to persons with disabilities who had embraced that disability is not inability and so much more.

My favorite segment was getting to ask questions, having one on one discussions made me go yay on my confidence, public speaking abilities and the part where cards are exchanged was a better way to create links. I got to add more on my knowledge plus embrace organizations I never knew. Can’t wait for the next one.

What did you do on this day?

For a collection of cards and fliers I got visit my Instagram page evanyambu for those details. PS: its is a private account, a request first will do the talking 😉.

 

Posted in education, law, 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.

Posted in community, development, education, family, parenting, social work

Who is to blame?

Me: “Good morning? I just bumped into a P2 box in this compound. Like who wants to show off their sexual behavior this early?

Ma’am1: Morning too. Do not even be surprised if it is a child who came with it

Me: From their home maybe but I wouldn’t be expecting this kids to know P2 at their age

Ma’am2: Hi Evalyne. Why don’t you tell her we caught ‘boy1’ with condoms?

Me: What was he doing with them?

Ma’am2: He said he collected them on his way here but he is one naughty boy anything is possible

Me: So you think these children are already sexually active?

Ma’am1: Some are but blame it on their parents

Me: Why?

(Ma’am2 and I get closer as Ma’am1 is always updating us on the social issues facing the ghetto children since she is a teacher in a local primary school)

Ma’am1: First of all the housing structures in which this families live is very dire.

Ma’am2 and 1: The bedsitter houses?

Ma’am1: Yes. A family has 5 children who sleep either on the floor or seats while the parents have the bed.

Me: That reminds me on the several home visits we went where some of these kids neither have beds, blankets nor mattresses. It’s not like the older days where the organization bought everyone their bedding, this days the budget limits us to about 20 or so in 3 months and you wonder who to give or not. Distribution is one task I don’t like.

Ma’am1: Now you see what am talking about? Then the parents have their conjugal rights whereby they end up having sex when the children are asleep but you know this is a single room so every sound, talk is heard.

(From the way she puts it, minding vulgar language, we all laugh)

Ma’am2: But where do you want them to live?

Me: Parents are casual laborers while others have no job at all. This is the only accommodation they can afford

Ma’am1: They should shift to one bed-roomed houses where their privacy is a secret or do their business when the children are not around

Ma’am2: That is next to impossible

Me: This is the ghetto. How then do you transform individuals from low incomes-middle incomes for them to shift houses? Mind you their level of education screams a lot. You see the business class only about 10 attended and their certificates are so beautiful

Ma’am1&2: Let us see the certificates

Me: Wait till the director comes, he has them. Then there was the mat and bag weaving class. Again only less than 5 finished that class. Have you seen their products? They got the skills now the institution is going to market them

Ma’am2: What happened to the children’s bead making?

Me: I understand from the budget it was not included now we have to wait for another financial year to include even things like yogurt making, dying and so much been looked into

Ma’am1: That’s the problem with the care-givers. When opportunities strike they don’t want to be part of it as if they like their poor state

Ma’am2: It’s all in the mind. Changing it to another thinking level requires patience

Me: Back to houses…

Ma’am1: The children copy what they see from parents. You hear them talk that this and that happened to an extent they want to experiment.

Me: Hope you teach them sexual education and not in the old-fashioned manner where everyone hides some information. Go straight to the point and let them know what awaits them when they indulge in early sex

Ma’am2: No matter how people criticize sex education it is the high time it was included as part of teaching lessons

Me: Did you parents ever have the sex talk back then?

(Everyone nods their heads sideways)

Me: Even I my mother has never had that talk and I thank God for aunts who are so talkative that they tell you this things. So back then in your eras it was a taboo now from exposure it is daily bread. From the movies, tv programs, peer pressure the children socialize with, they know so much we don’t.

Ma’am1: You see even my daughter (5years old) asked me if daddy’s thing is called sausage

(We all pop our eyes out as I shout Ooh No!)

Ma’am2: What did you tell her?

Ma’am1: I asked her where she got that information from

Me: And then?

Ma’am1: There is a kid on the block she plays with and she heard it from him. For lack of words I just said yes

Me: hahaha “cha mama, cha baba” (this is game where kids act as adults and there is the mother, father and children…call it house). When can a child be introduced to sex education?

Ma’am2: As soon as they start asking questions about where kids come from? No more lies about ‘doc gave him to me, i found him in the hospital, an angel dropped him to me.’

Ma’am1: I agree once they start going to school. Now I will have to be very careful with her. We teach them (both boys and girls) songs like no one should touch your body especially private parts and it works.

Me: Nice. Concluding this talk like parents should practice safe sex where children are not exposed and should keep their family planning methods away from reach of children

Ma’am2: Yes that can work but more needs to be done

Ma’am1: I rest my case. Shift houses but that is food for thought. Let’s think about it seriously.

(Laughter fills the room as ma’am1 and ma’am2 exit to their respective classes).

QUESTIONS:

  1. What is the best way forward to sensitize children to stay away from early sex?
  2. How do we reduce poverty and illiteracy levels especially in the ghetto neighborhoods?
  3. When is the right age for sexual education?