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16Mar
How to maintain work-life balance

How to maintain Work-Life Balance.

Work-life balance is the state of equilibrium where an employee equally prioritizes the demands of career and personal life. It is an aspect of well-being related to the ability to manage both personal and professional responsibilities with adequate time for rest and leisure.

Most employees are torn between juggling heavy workloads, managing relationships, family responsibilities, and squeezing in outside interests leading to an unhealthy work-life situation.

In a rush to get it all done at the office and at home, it’s easy to forget that as stress levels spike, productivity plummets. Stress can zap our concentration, make us irritable or depressed, and harm our personal and professional relationships.

Here are a few practical steps employees can take to loosen their grip and win back the balance in life.

At Work

  • Set manageable goals each day

Being able to meet priorities helps us feel a sense of accomplishment and control. The more control employees have over their work, the less stressed they are both at work and home. It’s good to be realistic about workloads and deadlines. Employees need a to-do list that aids in taking care of important tasks first.

  • Efficiency with timelines

When employees procrastinate, the task often grows in their minds until it seems insurmountable. In the instance of a big project, it is advisable to divide it into smaller tasks with small rewards upon each completion such as a five-minute break or walk. The less time spent procrastinating, the more time spent productively, or with friends and family.

  • Request for flexibility

Flex time and telecommuting are quickly becoming established as necessities in today’s business world, and many companies are drafting work/life policies. Upon request, an employer might allow you to work flexible hours or from home a day a week. Research shows that employees who work flexible schedules are more productive and loyal to their employers.

  • Take five

Taking a break at work isn’t only acceptable, it’s often encouraged by many employers. Small breaks at work or on any project will help clear an employee’s head and improve the ability to deal with stress and make wise work or life decisions.

  • Communicate effectively

Employees need to be honest with colleagues or their bosses when they feel they’re in a bind. They should not just complain but suggest practical alternatives.

At Home

  • Unplug

The same technology that makes it so easy for employees to do their jobs flexibly can also burn us out if we use them 24/7. By all means, it is good for employees to create time after working hours for social requirements such as bonding with family and friends.

  • Divide and conquer

Ensuring responsibilities at home are evenly distributed and clearly outlined enables avoidance of confusion and stress scenarios.

  • Get support

Chatting with friends and family can be important to your success at home or work and can improve your health. Employees with stronger support systems have more aggressive immune responses to illnesses than those who lack such support.

  • Stay active

Aside from its well-known physical benefits, regular exercise reduces stress, depression, and anxiety, and enables employees to better cope with adversity. It boosts immune systems and keeps employees out of the doctor’s office. It is a great idea to make time in your schedule for the gym or to take a walk during lunch as ways of exercising.

  • Healthy lifestyle

Being in good shape physically increases tolerance to stress and reduces sick days. In addition, eating right, exercising, and getting adequate rest. Employees need to avoid reliance on drugs, alcohol, or cigarettes to cope with stress as they only lead to more problems.

  • Get help if you need it

Don’t let stress stand in the way of your health and happiness. If you are persistently overwhelmed, it may be time to seek help from a mental health professional. Asking for help is not a sign of weakness, taking care of yourself is a sign of strength.

 

Benefits of work-life balance

If you can help create a healthy work-life balance for employees in your company, this will provide several benefits to your business, including:

  • Better staff retention
  • Increased productivity
  • Higher employee engagement
  • More profitability
  • Strong brand reputation & more applicants
  • Reduced absenteeism

Of course, it also benefits your employees in ways including:

  • Better time management
  • Personal growth
  • Better focus
  • Higher engagement
  • Personal health & wellbeing
  • Reduced stress

Conclusion

While we all need a certain amount of stress to spur us on and help us perform at our best, the key to managing stress lies in that one magic word, balance. Not only is achieving a healthy work-life balance an attainable goal but employees and businesses alike see the rewards. When employees are balanced and happy, they are more productive, take fewer sick off days, and are more likely to stay in their jobs.

16Mar
How to maintain work-life balance

How to maintain work-life balance

Work-life balance is the state of equilibrium where an employee equally prioritizes the demands of career and personal life. It is an aspect of well-being related to the ability to manage both personal and professional responsibilities with adequate time for rest and leisure.

Most employees are torn between juggling heavy workloads, managing relationships, family responsibilities, and squeezing in outside interests leading to an unhealthy work-life situation.

In a rush to get it all done at the office and at home, it’s easy to forget that as stress levels spike, productivity plummets. Stress can zap our concentration, make us irritable or depressed, and harm our personal and professional relationships.

Here are a few practical steps employees can take to loosen their grip and win back the balance in life.

At Work

  • Set manageable goals each day

Being able to meet priorities helps us feel a sense of accomplishment and control. The more control employees have over their work, the less stressed they are both at work and home. It’s good to be realistic about workloads and deadlines. Employees need a to-do list that aids in taking care of important tasks first.

  • Efficiency with timelines

When employees procrastinate, the task often grows in their minds until it seems insurmountable. In the instance of a big project, it is advisable to divide it into smaller tasks with small rewards upon each completion such as a five-minute break or walk. The less time spent procrastinating, the more time spent productively, or with friends and family.

  • Request for flexibility

Flex time and telecommuting are quickly becoming established as necessities in today’s business world, and many companies are drafting work/life policies. Upon request, an employer might allow you to work flexible hours or from home a day a week. Research shows that employees who work flexible schedules are more productive and loyal to their employers.

  • Take five

Taking a break at work isn’t only acceptable, it’s often encouraged by many employers. Small breaks at work or on any project will help clear an employee’s head and improve the ability to deal with stress and make wise work or life decisions.

  • Communicate effectively

Employees need to be honest with colleagues or their bosses when they feel they’re in a bind. They should not just complain but suggest practical alternatives.

At Home

  • Unplug

The same technology that makes it so easy for employees to do their jobs flexibly can also burn us out if we use them 24/7. By all means, it is good for employees to create time after working hours for social requirements such as bonding with family and friends.

  • Divide and conquer

Ensuring responsibilities at home are evenly distributed and clearly outlined enables avoidance of confusion and stress scenarios.

  • Get support

Chatting with friends and family can be important to your success at home or work and can improve your health. Employees with stronger support systems have more aggressive immune responses to illnesses than those who lack such support.

  • Stay active

Aside from its well-known physical benefits, regular exercise reduces stress, depression, and anxiety, and enables employees to better cope with adversity. It boosts immune systems and keeps employees out of the doctor’s office. It is a great idea to make time in your schedule for the gym or to take a walk during lunch as ways of exercising.

  • Healthy lifestyle

Being in good shape physically increases tolerance to stress and reduces sick days. In addition, eating right, exercising, and getting adequate rest. Employees need to avoid reliance on drugs, alcohol, or cigarettes to cope with stress as they only lead to more problems.

  • Get help if you need it

Don’t let stress stand in the way of your health and happiness. If you are persistently overwhelmed, it may be time to seek help from a mental health professional. Asking for help is not a sign of weakness, taking care of yourself is a sign of strength.

 

Benefits of work-life balance

If you can help create a healthy work-life balance for employees in your company, this will provide several benefits to your business, including:

  • Better staff retention
  • Increased productivity
  • Higher employee engagement
  • More profitability
  • Strong brand reputation & more applicants
  • Reduced absenteeism

Of course, it also benefits your employees in ways including:

  • Better time management
  • Personal growth
  • Better focus
  • Higher engagement
  • Personal health & wellbeing
  • Reduced stress

Conclusion

While we all need a certain amount of stress to spur us on and help us perform at our best, the key to managing stress lies in that one magic word, balance. Not only is achieving a healthy work-life balance an attainable goal but employees and businesses alike see the rewards. When employees are balanced and happy, they are more productive, take fewer sick off days, and are more likely to stay in their jobs.

 

 

01Mar
how to show appreciation to employees

How to show Appreciation to Employees

Employees should receive feedback more often about what they are doing right, than what they are doing wrong. Positive behaviors can be strengthened by being emphasized, which helps to reduce undesirable behavior patterns. If the goal is to fulfill corporate objectives, work environments must be encouraging and nurturing because employees are always expected to perform more with less. Here are some ways employers can show appreciation:

1.    Touch base early and often

While regularly taking time to say hello to employees and check in with them might seem like an unnecessary drain on your productivity, these interactions are points of connection for your employees (and for you). They prevent your staff from feeling invisible. A colleague mentioned that simply hearing “Good morning” or “How are you?” from his department manager would have been as meaningful as formal recognition.

2.   Give balanced feedback

Employees want to know both what they’re doing well and where they can improve. Feedback to employees is information regarding their performance and also the information they can act on. Feedback must be shared in a manner that is understandable to them and is perceived by them as being provided in a highly respectful manner. Sharing feedback involves skills in effective listening, verbal and non-verbal communication, and working in multicultural environments. You should tailor your levels of encouragement and criticism to each individual, as everyone will react differently.

3.   Address growth opportunities

Employees want to know what the future holds for their careers. When managers take time to explicitly discuss growth potential or provide opportunities and “stretch” assignments, employees interpret it as evidence that they’re valued. Conversely, when managers neglect to address people’s development, employees take it as a sign that they are not.

4.   Make it a habit

Simply taking a few minutes to tell your employee specifically what you value about their contributions can have a tremendous impact. The range of options is almost limitless. The idea isn’t to create an automatic system for thanking employees, however, it’s more about permitting yourself to express your appreciation in a way that feels natural to you.

Conclusion

The best part of appreciation is that it’s free and doesn’t consume a lot of time. Anyone at any level can offer appreciation. It can be directed toward an employee, a colleague, or a boss. But when leaders get involved in the effort, a culture of appreciation spreads more quickly. Start by expressing more gratitude to those around you and see what happens. You might be surprised at what a big difference the little things can make.

16Feb
employers set to feel the pain of higher NSSF deductions

Employers set to feel the pain of higher NSSF Deductions

A commentary on Civil Appeal No. 656 Of 2022 The National Social Security Fund Board Of Trustees Versus Kenya Tea Growers Association & 14 Others.

On 3rd February 2023, the Court of Appeal set aside a judgement delivered on 19th September 2022 by a 3-judge bench of the Employment and Labour Relations Court [“the ELRC Bench”], declaring the National Social Security Act 2013 [“NSSF Act 2013”] unconstitutional.

The effect of the judgement is to make the NSSF Act 2013 the operative law with immediate effect. The Act has certain salient provisions that rattle the status quo, hence the great public interest it has aroused.

Background of the matter:

The National Social Security Fund Act No. 45 of 2013 was assented to by the President of the Republic of Kenya on 24th December 2013 and came into force on 10th January 2014.

Following its enactment, five petitions were filed to challenge its constitutionality. 3 out of the 5 five consolidated Petitions were initially filed at the Constitutional and Human Rights Division of the High Court at Nairobi, but the High Court transferred them to the ELRC.

On 5th August 2014, Petitions 34, 35, 38, 49 and 50, were consolidated with Petition 35 being the lead file

Issues canvassed at the ELRC

The consolidated petitions before the ELRC contended that:

  1. That the enactment of the National Social Security Act No. 45 of 2013 (NSSF Act) in its entirety violated the Constitution of Kenya; and
  2. In the alternative, some of the provisions of the new Act contravened the Constitution and the Competition Act.

On 19th September 2022, the ELRC found the National Social Security Act 2013 to be unconstitutional. The Court specifically found that the Act dealt with finance matters affecting county governments; therefore, the Senate ought to have been involved in its enactment. The Court went further to impugn specific provisions in the new Act as being unconstitutional.

At the Court of Appeal

Aggrieved by the decision, The National Social Security Fund Board of Trustees appealed to the Court of Appeal. It raised, among others, issues on the jurisdiction of the ELRC to entertain the matter. It also faulted the ELRC bench for failing to find that the disputes pleaded in the petitions did not relate to an existing employee-employer relationship. A similar challenge was raised by the Cabinet Secretary for Labour, Social Security and Services, The Competition Authority and the Attorney General in their Cross-Appeal dated 31st October 2022. To them, determining the constitutionality of an Act of Parliament is a preserve of the High Court under Article 165 (3) (d) (i) of the Constitution. The Court of Appeal held that the ELRC bench lacked jurisdiction and set aside the judgment of the ELRC delivered on 19th September 2022 in its entirety.

The Court of Appeal addressed yet another issue: whether the enactment of the NSSF Act 2013 required the participation of the Senate as provided under Article 110 of the Constitution. A Bill not concerning county government is considered only in the National Assembly. A Bill concerning county government may originate in the National Assembly or the Senate and is passed by both houses. The critical question was whether the Bill leading to the enactment of the NSSF Act 2013  was a Bill concerning county government as “a Bill containing provisions affecting the functions and powers of the county governments.”

The Court of Appeal found that the ELRC bench erred by holding the concurrence of the Senate, and the National Assembly was required to enact the legislation.

Implications of the NSSF Act 2013

The following are some of the implications of the NSSF Act 2013:

  1. Under Section 18 (1) there is established both the Provident Fund and Pension Fund. The pension fund is mandatory and will cover all workers in the formal economy. The Provident Fund is voluntary, and it will cover the self-employed. The pension fund will pay members monthly pensions, while the Provident Fund will now replace the old provident Fund and make lump sum payments.
  2. Section 18(3) requires members of the Provident Fund to migrate to Pension Fund subject to meeting the eligibility criteria for membership except voluntary members.
  3. Section 18(4) makes it mandatory for “all persons” including employers to be pension fund members.
  4. Section 19(2) has created a link between registration with the Fund and access to other government services. The requirement is that; (2) Any person who is registerable as an employer under this section shall produce proof of registration with the scheme as a precondition for dealing with or accessing public services.
  5. Section 20(1): The rates of contribution to the new Pension Fund will be at 12% of the pensionable earnings (gross earnings) split as follows:-
    1. Employer – 6%
    2. Employee – 6%

There will be a gradual increment in the first five years of the commencement of the New Act as per the third schedule.

  1. Under Section 23: The Self Employed Persons who are Members of the Provident Fund will pay Kshs. 200/= as the minimum amount of voluntary contribution to the Fund. The minimum aggregate contribution shall be Kshs. 4,800/= annually.
  2. Section 27 provides for charging of interest on late payment. Section 24(2) (d) and (4) states in mandatory terms that all interests charged should be credited into the individual member account.
  3. Section 35(4) gives the Board absolute power to decline to pay or vary payment to a nominated beneficiary.

 

18Jan
Human Resource Outsourcing in Kenya

Human Resource Outsourcing in Kenya

 

Human Resource outsourcing includes engaging the services of a professional consulting company to handle all your end-to-end Human Resource requirements. It can be done over a short or extended period of time. Different HR companies offer different levels of expertise. Some companies mainly focus on outsourced Human Resource admin tasks such as payroll and documentation while others have specialized in a more holistic approach and will offer a wider range of services such as daily Human Resource support, compliance, proper record keeping, performance management, development and implementation of Human Resource policies.

Many business owners don’t entirely understand what HR outsourcing actually involves. For businesses struggling with issues that are more complex than your average day-to-day Human Resource tasks, a more comprehensive solution is required. A true strategic approach to outsourcing involves partnering with a HR firm to identify your business needs, audit your current HR current practices, and then develop a HR implementation plan based on the gaps identified. Outsourcing arrangements usually involve this Human Resource professional working on a part-time basis, although full-time hours may be negotiated either on-site or remotely from their office.

Why consider Human Resource Outsourcing?

  1. Recurring compliance issues
  2. Difficulties with attraction and retention e.g. unable to find the right people to fill certain job roles
  3. Employee behaviour problems
  4. Declining employee performance

The complexity of your needs and the size, industry and geography of your business will input into determining whether on-site or remote outsourcing is most suitable for your business. Remote outsourcing is generally an effective solution for smaller businesses who have less frequent HR requirements. The HR professional will be available for phone/emails to provide advice and discuss work to be completed. On-site outsourcing is often needed for larger businesses with ongoing and complex needs. This type of arrangement allows for a dedicated and objective HR professional to become ‘a part of your team.’

In conclusion, HR outsourcing helps CEOs and business owners achieve a strategic approach to their HR needs. HR Outsourcing gives you flexible access to professionals who want to partner with your business to deliver holistic solutions.

 

To request a FREE consultation meeting or a call, email us at info@hrfleek.com with the subject heading ‘HR Outsourcing Services’

21Dec
how to achieve an effective onboarding process

How to achieve an effective onboarding process

Onboarding also known as Organizational Socialization refers to the process of introducing newly hired employees into an organization. This helps employees understand their new position and job requirements. It’s the process that helps them integrate seamlessly with the rest of the company. It may last anywhere from a few weeks to a year, but the most effective onboarding usually lasts at least three months. Ideally, employees feel confident and competent when the onboarding process is complete.

Onboarding activities include;

  1. Job offers
  2. Salary negotiation
  3. New hire paperwork
  4. Policy and culture training
  5. Job training
  6. Employee handbook training
  7. Benefits paperwork
  8. Benefits education
  9. Facility tours
  10. Executive introductions
  11. Team introductions
  12. Relational onboarding including setting expectations, building relationships with other employees, creating confidence and trust and creating a clear definition of roles and boundaries

The secrets of an effective onboarding process

  • Preboarding

Preboarding refers to the period between the moment an employee accepts a job offer and their first day at work. In reality, preboarding is a few thoughtful gestures that will help the new employee feel noticed and welcome. A recommended preboarding practice includes sending a welcome email and an overview of the onboarding program. HR software can be used to get some initial paperwork out of the way and send a few getting-to-know-you questions to break the ice.

  • Onboarding Kit

An onboarding kit is a curated package of gifts and office supplies that help introduce new hires to your company’s culture and brand. Usually, it includes contact information, an office map, basic company policies, the company structure and perks. Information regarding the surrounding area for employees who have relocated can also be included in the kit.

  • Pair new hires with a mentor

Assigning a mentor also known as an onboarding buddy is the most effective way to support new employees while they’re still trying to find their way around. A mentor helps the new hire understand how the company works and where their role fits. They also monitor the new employee’s progress, identify their strengths and weaknesses, and give them feedback. The role of a mentor is not only assigned to an employee with relevant experience and skills, but one who shows real enthusiasm for this task is even better. It is necessary to rearrange their workload accordingly so that they have enough time to dedicate to the new employee.

  • Get managers involved

 Managers reflect the company culture and work ethics best. They are the most suitable to discuss the company strategy and get new hires excited about it. Therefore, managers should get involved in the employee onboarding process. For instance, managers can take on the preboarding process, and send a welcome email to new hires. Later on, in an effective onboarding process, they can check in with the new employee to ask for feedback, discuss concerns, and ensure everything is on track.

  • Prioritize job specific over other types of training

A quick introduction to other types of training such as company policies won’t hurt. It gives new employees a better idea of your company culture, so it’s actually helpful. Training should be most of the time targeted toward job-related competencies. New hires practicing their new skills with on-the-job training and practical assignments is what will help them become productive and efficient.

Squeezing too much in will inevitably confuse and overwhelm even the most competent employees. Adjust the pace of the training based on the mentor’s feedback, and give the new employee time to adequately process information and establish skills before rushing them to the next training topic.

Conclusion

There are so many points to tick off your employee onboarding checklist, but it all boils down to the process beginning before the employee arrives and ends well after the official skills training is over. Skills and competencies can be learned quickly with the help of the right training platform, but adjusting in a new workplace takes longer. To facilitate employee integration, pair newcomers with a mentor and make sure managers are present, showing their support throughout the process.

 

12Oct

Mental Health and Wellness at the Workplace

Yesterday (October 10th) was World Mental Health Day. The objective is to organize support for mental health and increase awareness of mental health problems throughout the world. This year’s theme is to make Mental Health and well-being for all a global priority.

Mental health and wellness revolves around our emotional, psychological and social welfare. It affects how we think, feel and behave. Positive mental health is not simply the absence of mental health issues, such as depression or anxiety but predominantly about the presence of positive characteristics such as a feeling of purpose, contentment, maintaining fulfilling relationships and participating in life to the fullest. In the workplace setting, it determines how employees cope with everyday stressors and work productively to realize goals.

It is increasingly being recognized that the mental well-being of workers is a crucial determinant in their overall well-being and that poor mental wellness at the workplace can be a contributory factor to a range of physical illnesses like hypertension, diabetes and cardiovascular conditions, amongst others. In addition, poor mental health can also lead to burn-out amongst employees, affects their morale adversely and seriously affects their ability to contribute meaningfully in both their personal and professional lives.

Mental health problems have an impact on employers directly through increased absenteeism, negative impact on productivity and profits, high turnover rates, as well as an increase in company costs in efforts to deal with the issue.

Work related risk factors for mental wellbeing

Most risks relate to interactions between type of work, the organizational and managerial environment, the skills and competencies of employees, and the support available for employees to carry out their work.

Risks to mental health include:

  • Inadequate health and safety policies
  • Poor communication and management practices
  • Limited participation in decision-making or low control over one’s area of work
  • Low levels of support for employees
  • Inflexible working hours
  • Unclear tasks or organizational objectives
  • Job insecurity

Risks may also be related to job content, such as mismatch of tasks to employee’s competencies or a high and unrelenting workload. Risk may be increased in situations where there is a lack of team cohesion or social support.

Bullying and psychological harassment (also known as “mobbing”) is commonly reported as a cause of work-related stress by workers and present risks to the health of workers.

Strategies to promote mental wellness at the work place

Employer Employee
·        Provide relaxation spaces to unwind during breaks ·        Take part in employer-sponsored programs and activities
·        Dispense self-assessment tools such as work – life balance questionnaires ·        Nurture social connections at work to prevent social isolation and loneliness
·        Include mental health coverage as part of workforce health care plan ·        Look after their physical health
·        Managers should aim to create a healthier company culture ·        Practice self-care during breaks – for example, meditation and listening to inspirational podcasts
·        Ensure a proper health and safety policy is in place ·        Exercise coping skills during the work day – for example prioritization to avoid being overwhelmed

 Positive mental health allows employees to;

  • Recognize, express and regulate emotions
  • Empathize with others
  • Reach their highest potential
  • Flourish in their roles
  • Cope with changing roles, responsibilities and challenges

Negative effects of poor mental fitness in the workplace

  • Lack of engagement with one’s work
  • Low productivity
  • Reduced physical capability
  • Misaligned communication
  • Poor decision making

Conclusion

Human performance and mental well-being go hand in hand, therefore workplace wellness must be among a company’s top priority. Mental wellness is an initiative that should be a commitment of both the employer and employee in order to create a conducive work environment. A mentally stable workforce equals high productivity and longevity of an organization.

05Oct

Garden leave clauses in employment contracts

GARDEN LEAVE CLAUSES IN EMPLOYMENT CONTRACTS

Garden leave is a term used to reference the practice of having an employee work away from the office with limited access to the employer’s resources following a notice of termination or resignation.

Garden leave provisions may be included in employment contracts, separation contracts, or even full on non-compete and confidentiality agreements, depending on the goal that the parties want to achieve. These include:

  1. Protecting the Employer’s Legitimate Interest

Garden leave provisions to include terms that restrict the employee from engaging in competing business or practice with those of the employer during the pendency of the garden leave period. Non-solicitation clauses may also be included to limit the employee from contacting clients of the employer or from poaching other employees. Employers may elect to provide for a garden leave period long enough to thwart any of these threats from affecting their business, should they materialize.

  1. Safeguard against possible detrimental behavior of the employee

For employment contracts, the garden leave provision may be important to employers who need to immediately terminate an employee from employment but may be restricted by employment laws that require due process to be followed before termination of employment. For instance, in cases where an employee’s improper conduct is the reason for termination of employment and where the employer is of the opinion that the conduct may continue, the employer may deny the employee access to the office and to certain resources to safeguard against the bad conduct.

Rights and Obligations Provided by Garden Leave

  • A person on garden leave is still considered an employee of their employer and therefore continues to enjoy the benefits of the employment contract, such as the basic salary, fringe benefits, and in some cases bonuses.
  • Equally, the person is bound by a corresponding obligation to continue with his contractual duties as per his contract, but in some pro-employer contracts, the employer may reserve the right to assign those duties to the employee within the garden leave period.

Garden Leave as an Alternative to Non-Compete Provisions

Garden leave also sometimes includes restrictive trade provisions that limit the employee from engaging in competing business with the employer or from, soliciting employees and clients away from the employer. However, the Kenyan courts’ attitude on non-compete and restrictive clauses is quite clear

Garden leave provisions offer a good alternative to non-compete and restrictive trade clauses often so when the employer is seeking to protect legitimate business interests. The courts might be more tolerant of garden leave provisions as opposed to restrictive trade provisions because garden leave periods are usually shorter (1-3 months) than the typical non-compete 6months-12 months’ period.

Also, it may be easier for an employer to enforce garden clauses as opposed to restrictive trade provisions because of the continuing obligation of the employee towards his/her employer contrasted to the non-existent relation where non-compete clauses are used in separation agreements.

The Advantages of Garden Leave Provisions

  • Might be comparatively easier to enforce than non-compete clauses.
  • Offers a more orderly transition following the termination of employment contract contrasted with transition offered by the shorter 1-month notice period that is common to most employment agreements or separation agreements.
  • It is less likely to be overused by employers to stifle competition, compared to non-compete provisions, because of the cost implication.
  • Offers added protection to employers who have the ability to include restrictive clauses within the period of garden leave to prevent the employee from revealing critical information, soliciting clients, poaching employees, and working for a competitor against the employer’s best interest

Limitations of Garden Leave Provisions

  • Are expensive for an employer as they require them to continue to remunerate an employee who does not perform any work.
  • the protection period offered by garden leave provisions to safeguard against completion is shorter than that provided by non-compete period, which normally excludes an employer from competing with his employer for up to 6 months at least.
  • Case law on garden leave provisions is not sufficiently established neither does the Employment Act specifically provide for it, creating an un-certainty in the enforcement of garden leave provisions
  • The fact that an employee is still bound by his employment contract during garden leave may raise interesting questions about their constitutional right to freedom from servitude, especially when the employee does not want to continue to be bound.

Conclusion

The Employment Act (2007) does not make a provision for Garden Leave, however, the law of contract allows for its use where both parties are accepting of the provisions and agree to be bound.

Garden leaves presents a good common ground for both the employer and employees especially in negotiating post-termination terms. It will be quite interesting to see how the Kenyan courts develop jurisprudence surrounding garden leave as their use becomes more common in employment practice.

31Aug

Causes of indiscipline among employees

Discipline is the orderly behavior of an individual in any activity. In the context of the workplace, discipline means adhering to guidelines laid down in the company policy and procedures manual. It is the orderly conduct of affairs by the employees of an enterprise. According to William R. Spriegal, “Discipline is the force that prompts an individual or group to observe rules, regulations, and procedures that are deemed necessary to the attainment of an objective.” Disciplined persons achieve success on every front, disciplined employees follow through with their deliverables in return for achieving a company’s strategic goals. Even wars are won by disciplined soldiers. 

Indiscipline on the other hand is the act of misconduct in the workplace, when the employee ignores the established rules and doesn’t follow them. It is a lack of discipline or lack of control. The act of indiscipline occurs for many reasons, some of them may be personal, but many are related to the socio-economic factors of the time.

The following are the common causes of indiscipline: 

1. Unfair Management Practices

Undesirable management practices, policies, and activities such as employment of spies, undue harassment of workers with a view to creating fear among them, an autocratic attitude of supervisors towards their subordinates, wage discrimination, non-compliance with promotional policies and transfer policies, discrimination in allotment of work, defective handling of grievances, delay and payment of low wages gradually result in indiscipline among employees. 

2. Violation of Rights of Employees

Employees are human beings who have certain rights which should not be violated in any case. Some of these rights are, that they must be treated with respect, they should be allowed to express themselves or raise their voice, the right to contribute to the best of their abilities, the right to justice, the right to security of service, and right for self-development. If these rights are violated and suppressed employees feel dissatisfied. Discontent then prevails leading to gross indiscipline. 

3. Varying Disciplinary Measures

Consistent disciplinary actions must be there in the organization to provide equal justice to all employees. At different times and for everyone, the same standard of disciplinary measures should be taken otherwise it may give rise to growing indiscipline as it creates an atmosphere of favoritism.  

4. Inadequate attention to personnel problems

Delay in solving personnel problems develops frustration among individual workers. The management should be proactive so that there is no discontent among the workers. It should adopt a parental attitude towards its employees. However, it should be noted that no relationship can continue for long if it is one sided. Employees should also live up to their commitments and be reasonable in their demands. 

 5. Absence of Code of Conduct

Lack of properly drawn rules and regulations, or the existence of rules and regulations which are so impracticable that they cannot be observed; and the absence of service manuals and a code of behavior are a leeway to employee indiscipline due to the absence of direction on how employees should carry themselves and engage in an organization. This creates confusion and also provides the chance for discrimination while taking disciplinary action. A code of conduct is fundamental being a set of rules outlining the responsibilities and proper practices for an individual or organization.  

6. Absence of Grievance Settlement Machinery

The employee grievances cannot be put off by deferring or neglecting their solutions. The grievances should properly be inquired into and settled by the managers in a reasonable period. Neglect of grievances often results in reduced performance, low morale, and indiscipline among the employees. Strikes and work stoppages stem in many cases from the utter neglect of employee grievances. 

 

Conclusion 

Unless your company handbook prohibits indiscipline among employees, it may not be clear that you view this as misconduct. It is wise or rather mandatory to provide employees with detailed policy and procedure manuals outlining discipline expectations and consequences for infractions.  

 

 

In case of any queries and or enquiries on this or any other immigration-related matter do not hesitate to contact us on info@hrfleek.com

20Jun

Living with Albinism in Africa

Did you know?

People with albinism synthesize vitamin D five times faster than dark-skinned people. Since vitamin D is produced when
ultraviolet-B light enters the skin, the lack of pigmentation means light can enter more easily.

It is estimated that in Africa 1 in every 5000 people has albinism. This rate is even higher in Tanzania where 1 in every 1400 people has albinism. Albinism is a rare, non-contagious, genetically inherited condition occurring in both genders regardless of ethnicity, and in all countries of the world. The rare hereditary condition occurs when the body fails to produce enough melanin, which in turn affects the color of the skin, hair and eyes. Both parents must carry the gene for it to be passed on even if they do not have the gene themselves.

 

What Challenges do Persons with Albinism
(PWAs) Face?

There are many myths and superstitions surrounding PWAs,  which has led to many of them being attacked and killed. In African countries where the general population has dark skin, hair and eyes, PWAs stand out making them easy targets for taunt and discrimination. In some parts of East Africa, witch doctors hunt them to harvest their body parts. In addition, Albino Women face the risk of being raped by HIV-positive men who falsely believe that having sex with them cures HIV. This has ended up infecting women with albinism with HIV.

 

Skin cancer is also common among persons with albinism in Sub-Saharan Africa, Most PWAs will die from skin cancer by the age of 40. The absence of melanin in their skin leaves them vulnerable to sun exposure, therefore basic health education is necessary on how they can protect themselves using sunscreen and sun-protective clothing.

Most PWAs are visually impaired and are classified as “Legally Blind”. Melanin is critical to the normal development of healthy eyes, therefore the reduced amounts lead to multiple eye defects such as; photophobia(inability to withstand glare and sun/light), foveal hypoplasia(Underdevelopment of the eye’s internal surface), and nystagmus(Involuntary eye movements resulting in reduced or limited vision).

In the education system, PWAs are often teased for their appearance and their low vision is not accommodated. This results in a high school drop-out rate, leaving most of them unskilled and unequipped for jobs. This leads them to do Menial Jobs Including jobs that expose them to the sun and resigns them to a life of poverty and deprivation.

 

What is the Kenyan Government Doing to Accommodate People with Albinism
  1. In 2011 the government launched a sunscreen program to provide sunscreen to all PWAs in Kenya. The National Council for Persons with Disabilities has been implementing this program by providing one bottle of sunscreen lotion and lip balms per month to every registered persons with albinism
  2. Students with albinism are given 30 extra minutes to complete examinations
  3. The constitution of Kenya provides at least 5% of members of elected and appointed bodies should be persons with disabilities. This has seen the appointment of two PWAs; Hon Isaac Mwaura(who is currently a Nominated Senator), and Justice Mumbi Ngugi (a judge of the High Court).

 

Plans are however Still pending to amend the persons with disabilities Act(2003) to include persons with albinism. This will officially and legally classify PWAs  as persons with disabilities and oblige reasonable accommodation in key settings such as school and the workplace

June 13 is the International Albinism Awareness Day, let us celebrate and protect all persons living with disabilities

 

In case of any queries and or enquiries on this or any other immigration-related matter do not hesitate to contact us on info@hrfleek.com

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