Transcript BASIC HUMAN RESOURCE PRACTICE

PRESENTATION BY K. A ODHIAMBO
Meaning of Human Resource
Management
 This a science that deals with issues of employment in
any organization. The beings are regarded as one is
one of the single most important resource that has a
lot of contributions to the organizational success.
 Human beings are very unique
 Human Beings have feelings, likes and dislikes are able
to form themselves into groups that may be
destructive or for the good of t he organisations
Employment Act 2007
 In view of the importance attached to human resource,
 The Employment Act recognizes the importance of
Human Resource and prescribes basic ways in which
human beings are supposed to be treated at the place
of work
 Human beings are supposed to be treated with dignity
and respect.
Part III Employment
relationship/dignity of employees
 Employment is a contract just like any other contract
and therefore handling employment issues are very
critical to management. The employment Act defines
the employment relations
Section 4 of the Act prohibits: forced labour
 Recruitment of Minors
Employment relationship Cont…
 Any work or service extracted frm any person as a
consequence of a conviction in a court of Law
 Any work or service that is extracted in cases of
emergency
 Discrimination at work
 Sexual harrashment
CONTRACT OF SERVICE
 Written or oral
 Elements of acontract
 Consent
 Particulars of the contract explained in a language
understood by the employee
 Name, age, permanent Address,Gender
 Name of the employer
 Job description of employment
 Date of commencement
 Place of work
 Hours of work
 Remuneration, Scale, rate of remuneration, and details
of other benefits
 Previous period of employment
 Other terms relating to : Leave entittlement,incapacity to do the work,pensions
and pensions schemes
 Length of notice which employee is obliged to give and
terminate his contract of employment
 Any collective agreements which directly affects terms
and conditions of employment
 Statement of disciplinary rules
Part IV Protection of wages
a)Section 17 Payment of wages for the work done in
Kenya currency in
 Cash
 Into an account
 By cheques or postal order
 To a person dully authorized by the employee in
writing
 Payment during the working day
 Not in a place where intoxication liquor is sold or
readily available
 No promise of salary advance for employment
 No provision of allowance shall be in kind
 No deduction shall be effected unless a decree has
been give by court to a decree holder
When wages are due
 At the completion of the task
 At the end of the month
 Casuals at the end of the day
 All monies due up to the date of his dismissal
Deduction of wages
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Contribution to a provident fund
Any damage or loss of property
Unauthorised leave
Any amount arising out of negligence
Any monies paid by error
Any amount authorised by written law
Any amount requested by employee in writing
Loan deduction advanced by the employer
Statutory deduction
Part V Rights and Duties in
Employment
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Rest one day in every 7 days
Leave with pay for 21 days
Agree with the employer on how leave is to be taken.
Three months maternity leave with full pay. (production of a
certificate)
Two weeks paternity leave
Sick leave of not less than 7 days with full pay, thereafter the sick leave
with 7 days with half pay in each 12 month of consecetive months of
service
Reasonable housing
Sufficient supply of water
food
Termination of a contract
Section 35 May be terminated by either party
 Close of the day
 At the end of the period next giving of the notice
Payment in lieu of notice
Section 36 either parties may terminate a contract on the
following conditions
Without notice upon payment of an equivalent of one
month earnings
Section 35 (c ) 28 days next giving of notice
Summary dismisal
 An employee may be dismissed from t he service when the employee
has fundamentally breached his obligations arising from the contract
of service
The following constitute serious Breaches of service
 Unauthorized absence
 Intoxication during the working hours
 Willful neglect to perform any of the duties or carelessly and
improperly performs his duties
 Use of abusive language
 Refusal to obey lawful or proper command
 Arrest punishable by imprisonment
 Committed a criminal offence crime against his employer
Unfair dismissal
 Occurs when an employer fails to prove that
termination is valid
 Reason for termination is fair ( Conduct,
 Procedures properly followed
 If it is proved that the employer did not act in
accordance with justice and equity in terminating
employment of employee
 Female employees pregnancy
Unfair dismissal Cont…
 Going on leave
 Membership to a trade union
 Participation in trade union activities
 Refusal to join a union
 An employees, race colour, tribe sex, religion, political
opinion, or affiliation, nationality, social origin, HIV
status or disability
 Participation in Lawful strike