What Labour Day really means to an employee

Labour Day is celebrated globally by workers on the 1st of May.

In Kenya specifically, aside from being an additional rest day, it is a very important day as workers await the President’s (or Representative’s) big announcement; the revision of salaries. You will notice that a few weeks to Labour Day, the Central Organization of Trade Unions (COTU) Secretary General, Bro. Atwoli is normally very vocal on worker issues. For employers, every 1st May is a headache because it means they have to dig deeper into their pockets in order to accommodate the new directive. This year, the President announced a wage increment of 12% as you are all aware. It’s an election year you know!!!

I’ve been contacted by a couple of people seeking advise on whether they should expect salary revisions from their employers to this effect. To answer that, you need to understand a few things about this announcement. The President’s (or Representative’s) declaration on Labour Day gives birth to what we call the Regulation of Wages Order under the Labour Institutions Act 2007, which determines the minimum wage for certain categories of employees. The announcement affects those who we sometimes like to refer to as ‘low income earners’. Management staff are exempted from this Order. Once the declaration is made, the government printer publishes a Gazette Notice on the specifics of the increment. The last Gazette Notice on this was made I believe in 2018 when the last increment was done (you may google Regulation of Wages (General) Order 2018). The Gazette Notice rarely comes out immediately after the announcement even though the implementation is effected as directed during the announcement. For employers who insist on seeing the Gazette Notice before implementation (which mostly comes out around August), the challenge is that they may be forced to backdate the payments to 1st May, especially when they are dealing with unionized staff. Do not even get me started on dealing with Union officials because these guys can hunt and haunt you in your sleep.

Salaries under the Wages Order vary depending on where you work. If your job location is in the city (Nairobi, Kisumu, Mombasa and Nakuru), your salary is different from (higher than) those working in former Municipalities and Town Councils. If your location is outside of the areas indicated, the wages are much lower. The argument behind this arrangement is that the cost of living in these areas are not the same. When you read through the Wages Order, you will also notice that some amounts have been computed inclusive of the House Allowance while others are exclusive of so you must take this into account when effecting the changes. House Allowance is 15% of the Basic salary.

As an employee therefore, if you do not fall under the categories stated in the Wages Order, you may want to negotiate your salary with the employer (without making reference to the President’s announcement) as this does not affect you. Alternatively, for employees who work where employers do an annual salary review for all the staff, you may want to wait for that.

Happy belated Labour Day my fellow workers!

Your Employment Contract; the contention

I know this might sound very basic but it’s important for me to state it here. An Employment Contract is simply an agreement between you and your employer setting out the terms and conditions of engagement. It’s a legal document that is used as a point of reference in instances of labour or industrial complaints. Some employees get jittery when issued with an Employment Contract and argue that if it’s written down, it will be too binding. Well, even if it is not written down, it is still binding.

There are three types of contracts; written, verbal and implied. The first two are self explanatory. As for the third one, it is based on assumptions. For instance, if come and start working in your company even though you didn’t formally hire me and you do not stop me and you proceed to pay my salary for say the next 3yrs then one day wake up and claim that I’m not your employee, you’d have gone against the implied contract we entered into. That I worked for you for that long and you paid me in exchange even though we’ve never sat down to discuss the terms simply means that we were in some form of agreement.

There are two aspects of an employment contract that have continued to be contentious between employers and employees; annual leave and probation. This is what Part V, Section 28 1 (a) of the Employment Act 2007 says about annual leave; ‘An employee shall be entitled after every twelve consecutive months of service with his employer to not less than twenty one working days of leave with full pay‘. What this simply means is that for every completed month, an employee earns 1.75leave days. In essence, an employee begins to accrue leave immediately they get employed and NOT after they complete their probation. It therefore means that I were to apply for 1day after the first month of service, I’d have rightfully earned it. Company policies however vary of how this leave is taken. That’s why in most employment contracts, it will be indicated that leave will be granted in agreement between the employer and the employee. There are companies that grant express leave; the 21days run consecutively while others, due to the nature of work would like employees to take their leaves in bits.

On matters probation, Part VI, Section 42, 2 & 3 of the Employment Act 2007 says the following; ‘2 – A probation period shall not be more than six months but it may be extended for further period of not more than six months with the agreement of the employee. 3 – No employer shall employ an employee under a probationary contract for more than the aggregate period provided under section 2‘. There is the part of the employment contract where employers indicate that upon successful completion of the probation period, a confirmation letter will be issued to the employee. Then they proceed not to issue this confirmation letter because of one reason or the other.

Let’s be clear about something here, the minute as an employer you fail to issue this confirmation letter and does not also inform the employee in writing that their probation has been extended for a given period of time, what you have implied as an employer is that the employee has been confirmed into employment. Your silence in essence means ‘yes’. Therefore in future should you claim that the employee was still under probation even though the six months had elapsed, you’d be pushing the envelope.

As an employee, it is important that you read that Contract once issued to you and ensure you seek clarification on areas of contention as much as possible. As for employers, remember that there is the law and then there is policy. Company policy does not supersede the law. Be advised accordingly!

My junior gets paid more than me…

What do you do when you discover that your junior or a colleague on the same job level as you is getting paid more?

Matters compensation are very private matters in most organizations. As a matter of fact, companies have developed polices that forbid employees from discussing their salaries with one another and for this reason, it is not everyday that you will know what your colleague is earning, unless they offer that information to you or you come across it accidentally. Whichever the case, discovering that a junior employee or one that has recently just joined the organization on the same job level or that a colleague that you are currently working the same job with is earning more than you do can send you into pure rage and confusion. It can also demotivate you immensely and have you question your future in the said organization or even whether the company even appreciates what you do. How then do you respond to this kind of unsolicited information?

First of all, you must realize that organizations are not perfect and salaries are sometimes offered based on other reasons except the job itself. Other times, organizations choose to pay some people higher than the rest because of blood ties or other personal relationships that are not work related. This is besides the point though because in the end, whatever decision you choose to make on the matter is/should be for and about you NOT the other person. That being said, I’d like to assume that you are angry after the salary discrepancy discovery. Very good. You should be!

You must never act out of anger in situations like this. Confronting your boss in rage or picking a fight with the better paid colleague does not help the situation. Moving from colleague to colleague discussing the matter with them is even worse because they will not help you. The most they can do is gossip about it or feel angry themselves. In that case therefore, take time to do your research on the organization’s pay structure. This will arm you with the information you need to know about the pay range for different job levels within the company. You can obtain this from the HR or Finance departments, depending on how your organization operates. Also try to find out the market pay for your current position for comparison purposes. Then it’s time to sit down with yourself and take stock of your time in that organization. How long have you worked there? What have been your achievements during this period? What significant contributions have you made to the organization that have seen it improve in terms of its efficiency and/or growth? What future plans do you have for the company/your department that you have started working on that are geared on improvements and growth? etc.

Once you have listed down all the above and more, you may approach your Supervisor or Manager and have a level headed discussion on the subject. It is important to note that this discussion must not be about that colleague whom you just found out is getting paid better, but about you and your desire for a raise. You may bring the Manager/Supervisor’s attention to your discovery, without mentioning names just so that they can be aware that you know. Then the conversation must shift back to you and all the items you listed above. From the tone of the conversation, you can evaluate whether the Manager/Supervisor agrees with what you are saying or not. This will help you make a decision on what to do should your negotiation fail. Note that you must leave all your anger at the door when discussing this matter.

This conversation may bring about the changes you are expecting or otherwise. Should the results then be negative and you feel that you are not in a position to live with them, it’s time to start working on your exit plan. What you must know is that salaries are negotiated. It is not any of your colleague’s fault that they are getting paid better than you. Maybe they are just better negotiators than you are. As organizations continue to evolve and employment relationships change, it’s becoming more and more important for employees to take their salary advancement into their own hands instead of waiting for the usual annual review.

As an employee, know your worth, keep developing your skills and expanding your scope of knowledge and then you will be in a better position to negotiate for better salaries.

To resign or wait to be fired?

What happens when an employee resigns in the middle of a disciplinary process against them? Should the employer accept the resignation or proceed with the disciplinary process and probably terminate the services of the employee or dismiss the employee summarily if found guilty?

In order to answer this, we need to first understand resignation. Resignation in other words is one way of terminating an employment contract. Most Contracts indicate that a certain notice period needs to be provided by either party upon termination of employment; usually 7days during the probation period and a minimum of one month after probation. Additionally, Part VI, Section 36 of the Employment Act 2007 states that ‘either part can terminate an employment agreement without notice upon payment to the other party of the remuneration which would have been earned by that other party, or paid by him as the case may be in respect of the period of notice required to be given…..’ In simple terms, an employee can resign with immediate effect or choose to give and serve the notice as agreed upon in their contract.

In the case where an employee is involved in a case of misconduct and an employer initiates a disciplinary process against them, some employees may choose to exit through immediate resignation especially when they foresee that the odds are against them. It is very rare for an employee to give notice in this circumstance since giving notice would mean the employer will have to speed up the disciplinary process and make a decision. The bone of contention therefore is, should the employee accept the resignation with immediate effect during a disciplinary process or not?

The thing is this, once an employee tenders their resignation letter with immediate effect, the employer looses control over that employee. That relationship is over! It does not matter whether you respond to their letter formally or not. That employer is no longer yours. Refusing to accept a resignation letter in writing does not change the status of the resignation. In effect then, you cannot summon an employee who has resigned from employment already to a disciplinary hearing just because the process already began when they left. Again remember, this is no longer your employee. Thirdly, you cannot dismiss this employee summarily for gross misconduct even if your investigations reveal that thy were guilty. For the third time, this employee is no longer your employee at this point. However, if the employee had given notice upon resignation and the disciplinary process was on going, nothing stops an employer from summarily dismissing them if they are found to be guilty by the process thus disregarding the resignation letter that had been submitted. You are still an employee of that company during the notice period. It is in order though to just acknowledge receiving the resignation letter while issuing them with the summary dismissal letter.

In my opinion, employers will refuse to formally accept an employee’s resignation in this case because of a few reasons; it’s an ego thing or they just can’t bring themselves to accept that the employee beat them to the punch. In reality though, you could ask yourself, ‘what legal authority do you have over a person who is no longer in any agreement with you?’. It is the same case when an employer decides to dismiss an employee on grounds of misconduct and after receiving the summary dismissal letter, the employee proceeds to write their own resignation letter. The resignation is not valid, it has been overtaken by events.

What I would recommend to an employer who finds themselves in this situation is to acknowledge the letter of resignation formerly and in their response, remind the employee of the facts of the misconduct case that was underway when they left. In instances where there would be a potential surcharge, the employer can still surcharge the employee of any lost or damaged items without the fear of double punishment. In any case, it is the employee who voluntarily resigned from company.

Finally, I wish to emphasize that under the circumstances under analysis, an employee still does not loose the right to their final dues just because they resigned in the middle of a disciplinary process. And yes, they must also be issued with a Certificate of Service!

Due Process

If you are a Human Resources Practitioner, you have probably heard this term a thousand times.

The reason I’m writing about this subject is because in my assessment, one of the biggest ‘illnesses’ in start ups/family owned/run businesses is the lack of patience by business owners when it comes to the separation process with employees. What do I mean by this? There have been instances where an employee commits an act that is considered Gross Misconduct ( you may refer to Part VI, Section 44 of the Employment Act 2007 for further reference) or in other instances and especially in the family run business set up where ‘the Boss just doesn’t want to see employee X anymore’.

The common practice would be that the Boss will call in the HR and instruct them to get rid of employee X by close of business or in worst case scenarios, the Boss will do it on their own and inform the HR later (or not). In the first case, since the HR does not want to look bad in front of the Boss, they’ll go ahead and issue a letter of dismissal immediately. Case closed! There have been cases of people being fired via a text message. The problem is that this case is actually not closed, it’s just beginning.

When you visit the Industrial Court in Kenya, most of the cases registered there are as a result of such practices. Why? The company failed to follow the due process. Companies have paid large sums of money to employees in form of compensation because of this, regardless of how genuine the employee’s offence was. For some reason, employers don’t learn. It is important to understand that no matter how aggrieved you are as an employer, there is a laid down process of separating with an employee. It may seem long and exhausting, especially when the employee is not being cooperative but the results at the end of the day covers you from future litigations.

Every employee is entitled to a fair hearing in case of misconduct before they can be terminated or dismissed from the organization, regardless of how ‘urgent’ or serious the issue may be. And this does not include calling them in your office, just the two of you and listening to them, this does not constitute a fair hearing. Charge the employee officially by issuing a ‘Show Cause Why’ letter and have them respond within a specified time period. They must be accorded an opportunity to bring a representative of their own choice at the scheduled hearing or appoint one for them in case they can’t provide one. If they are unionized, a Shop Steward or a representative of the Union must be present. All minutes must be taken down for future reference and the decision of the hearing communicated to the employee within reasonable time. Also remember that it is an employee’s right to appeal a disciplinary decision within a specified period of time. The appeal cannot be made to any member of the same committee that made the decision, it must be a senior person. And yes, compute and pay them their final dues. This is not a favor, it’s s right too.

The point I’m trying to bring up here is that it’s never that urgent like you think. In the end, compensating an employee who probably did you a bigger wrong is more painful than taking your time to go through the entire disciplinary process before making a decision. It is like rewarding them for their mistake.

As a business owner, patience is key here. There are other ways to keep an employee out of work for the investigation period if you feel that their presence in the company might cost the company more damage. Making such serious and lasting decisions based on your current emotions might cost you a large sum of money and a long period of back and forth in the courts, which can be very exhausting. To the HR Manager/Officer, it is important that you advise your employer accordingly and act in accordance with the laid down guidelines. Your decisions matter a lot.

When it’s a Family Affair

What was your experience employing or working with a family member in the same company you work?

I’m most interested in hearing from human resource professionals on this area who are tasked with balancing the needs of the company and that of the rest of the staff, together with now maintaining a family relationship with the said relative. As Africans, we have been raised up in a community set up where you grow up around your cousins, aunts, uncles and so on. It is therefore expected that when you ‘make it in life’, you pull up the rest of your relatives who are most likely not in the same level as you by getting them jobs or assisting them start some source of income venture. As much as this is the expectation of the society (it’s more of a psychological contract than anything else) some family members actually demand for it. After all, you are a community baby. There is a lot of pressure that comes with this responsibility however. That’s because sometimes, you getting these jobs for the said people is not based on their qualifications or ability to deliver but on the mere fact that you are related.

So what happens when you succeed? There are a variety of outcomes here. Either the kin will put in their best and advance themselves or some will look at it as a favor they are doing to you and as a result use your personal relationship with them to their advantage every chance they can.

When you choose to work with your relative in an organization, especially that company that you do not own, it is important to maintain a certain level of professionalism especially at work. When you are the HRM for that company, the pressure to maintain the same doubles. That’s because every move you make for or against the relative is closely watched by the rest of the team. There is bound to be allegations of favoritism even in instances where non exist. On the other hand, your kin might also decide not to make it very easy for you by continuously behaving in a manner that takes advantage of that relationship or by simply just embarrassing you with their actions.

In HR practice, there may be instances where you are required to take disciplinary action against an employee who also happens to be a relative of yours for a misconduct. Your objectivity in the process will always be in question, no matter how professional you conduct yourself. Should the case be ruled in favor of the employee, there will be accusations of favoritism from some quotas and if it is ruled against the employee, well, it could end up being a family subject of discussion on the next family gathering, a whole new disciplinary hearing for you.

There is no crime or problem in hiring or working with a relative in the same organization. However, it is very important for you to weigh the pros and cons of this decision before you make it. Aside from the fact that family relationships are generally complicated, when that complication is brought to work and mixed up with the daily work related stresses, there is bound to be fireworks. You need to be able to assess the character of the person you are looking to engage, just as you would do for a normal job seeker. In the end, whether you like it or not, once you have this kin at work and you are the HR, everything and anything they do will always be tied to you.

I therefore believe that it is not advisable to mix work with family. However, if it works for you, well and good. If you got doubts on the same, you can always seek other alternatives.

Is that really necessary?

How do you respond to a Supervisor who is constantly shouting at and embarrassing you in public whenever they are giving instructions or even reprimanding you?

We have studied and heard the the different styles of management/leadership but one thing that is constant is the fact that no one style of leadership/management fits all circumstances. Different situations calls for different responses and that’s why we are currently hearing a lot about emotional intelligence. When you are put in authority over someone, you must be in a position to read the situation each time and respond accordingly. This brings me to the point I’d like to write about today: shouting at/dressing down your junior staff in public just because you can.

Well, I’ve said it once and I’ll say it again that dressing down your junior staff or embarrassing them in the presence of their colleagues just because you can get away with it doesn’t make you more powerful. When an employee makes a mistake, do you call them on the side to resolve the matter or would you rather prefer that the entire office hears about it? When you are the kind that prefers to make it a public affair, what you are doing to these employees is killing their self confidence while proving to them how incompetent you actually are. As adults, we respond to shouting or public embarrassment differently. Some will zone out and probably starting thinking about what they’ll be preparing for dinner, while there are those who’ll run into the washroom and cry their eyeballs out. Then of course there are those who prefer to meet fire with fire.

As a leader or manager, your power does not come from how loud you can get but your ability to influence the people you are working with to buy into the direction you wish to go with them. Whenever you find yourself constantly reminding your juniors who the boss is, you are probably not the boss, or atleast they don’t see you that way. Publicly embarrassing your staff will not only make them loose trust in you but also the respect and a manager that is not respected by his/her juniors is not a manager. HRPs will tell you this, if the Boss always shouts at the HR in public, the HR automatically looses the power to reprimand even the most junior of the staff. That’s because in essence, what the Boss is communicating to the rest of the team is, ‘your HR is brainless and retarded!’.

When we are put in authority, it is important that we treat people with dignity and respect. And when I speak about authority, I’m speaking about all levels of authority. Your success as a leader, manager or supervisor depends entirely on the people under your authority. Earn their respect and demand the same from them!

Knowledge is Power

My people perish from lack of knowledge….. Hosea 4:6

This is a Biblical verse from the Old Testament that is very relevant to all employees even during these times. Employees have in the past rightfully complained about the kind of injustices that their employers take them through at their places of work. These kinds of things continue happening because of very may factors, among them the ignorance on the part of the employees. Kindly take note that this article is not aimed at attacking any employee or employer, neither is it aimed at creating an uprising, but it is important that you take some responsibility for your life.

I wish to emphasize on this, there are very good employers out here who go to great lengths to take care of their employees and treat them as assets and human beings. We must also acknowledge that there are very wicked employers, supported by very incompetent HR practitioners. A combination of this is a recipe for disaster. Employers are able to successfully take advantage of their employees because they know that these employees are not aware of the difference between rights and privileges. When recently someone informed me that female employee of a certain company had delivered her baby via CS and a month later, she as required back to work, I was in shock. I’m still not sure what could have been so urgent at work that a new mum, nursing a new baby and a serious wound would be the only person that could attend to.

It is the duty of each employee to keep themselves abreast of all and any employment law that affects them. It is okay as an employee to tell your employer, ‘hey, I understand the decision you’ve made on this matter, but its not the legal thing to do.’ There have been instances where employees have raised questions about issues of concern and the response has been ‘….it’s company policy‘. Having company policies is great, very important. However, company policies do not supersede the employment laws or the constitution. A policy is useless to an organization if it is not formed within the legal framework. If your policy says, ‘…female employees are entitled to two months maternity leave……‘, that’s already a problem, no matter how much you try to justify it.

When you proceed to sign your employment contract though you have seen a questionable clause hidden in there, you are failing yourself. It is okay to ask questions. Whenever an employee tells me, ‘I know my rights’, I pay attention and that’s because I want to be sure that we are on the same page. Unfortunately, sometimes these ‘rights’ turn out to be uninformed. It is the duty of your HRM to advise you on employment issues but it is also within your ability to verify these pieces of advise you are receiving especially if you have doubts.

Don’t just sit there, do something! There are so many resources available that you can be able to read from. The internet is flooded with material, kenyalaw.org is a great place to begin. There are books that you can teach yourself with. You may ask experts in these fields to advise you. You must be cautious though of these experts as there are quarks masquerading as experts too. The point is, instead of leaving these issues to chance, why not arm yourself with the necessary knowledge. Learning something new has never killed anyone. Read!

What Next?

Over the last three months, the number of people who’ve lost their jobs and those whose current status of employment remain shaky has shot up tremendously. One day you are living your best life and the next, someone pulls the rug of your feet abruptly.

In employment, loosing a job may arise from no fault of yours while at times, it could be your own making. Whichever the case, it is still a loss and it is painful. When this happens, we go through a number of emotions. The uncertainty the arises out of knowing that your main source of income has dried up suddenly has led many people, unfortunately, to take very drastic measures which have done very little to solve the problem. We all develop some sense of worth through the jobs we do and when this is suddenly taken away from us, it throws us into total confusion. You may be tempted to feel worthless when this happens. As sad as it may be though, that which has a beginning always has an end. The question then that we must ask ourselves when the inevitable happens is, what next?

First of all, just like any other loss, it is important that you take the time to feel your feelings. Whether it is anger, disappointment and whatever, allow yourself to grieve your loss. We all grieve in different ways; some, like me, prefer to cry our hearts out until the tears run dry. When you grieve, you are subconsciously acknowledging that a painful change has taken place and things are not okay anymore. One thing you must understand during your grief is that life goes on around you, it never stops! When you look around you in your moment of grief and despair, everyone will be moving along with their business like your pain does not matter. But life goes on. Yours must too……

You cannot grieve forever though. Like I have said, life goes on. You must make a decision to do something and restart your life. Hosting a pity party for yourself everyday can be exhausting, leave the party. It is time to re-evaluate yourself. Where were you in your career when things fell apart? Where would you like to move towards given an opportunity? With this in mind, start putting yourself together, update your CV and start looking for job openings that fit your line of thought and the direction you want to take. Remember, just because you do not have a job now does not mean that every job that has been advertised is for you. Seek jobs that fit your profile and would offer you a chance to move towards the direction you seek and apply for them. I must warn you though, you may not receive feedback from most of these applications you send out and somewhere along the way, you will feel like giving up. Should you get to this point, pause! It is okay to rest when you get tired but so must start again. You can’t afford to quit.

The other effective way of sending out applications is reaching out to your networks. Sometimes applying for random jobs don’t get you the results you expect. Reach out to people you know within your network and be specific on what you are seeking. Referrals is a very good way to get word out there. You never know, someone may just have been looking for your kind of skills. Building a professional network is very key. Depending on your career choice, different social media sites have offered us ways to network. LinkedIn is a great professional site to start from. Some have successfully used Facebook and Instagram. Seek out the ‘heavyweights’ in your field in these sites and read their thoughts. Comment on subjects that relate to your area of interest and basically just put yourself out there.

Staying positive at a time like this can be a bit challenging but very crucial. It is very easy to fall into depression but you must try to remain very active. One of the ways to do this is by staying physically fit. You may choose to run, ride your bike or just do the basic workouts that keep your body active. Check out YouTube for such exercises. There are also great exercise Apps that you may download that offer daily and weekly challenges that may interest you. Take up a challenge and push yourself. You might just enjoy it. Remember to speak to your trusted friends and family members about how you feel about your situation. When you hold it all in and keep everything to yourself, you are bound to feel so alone and this could lead to depression. I must emphasize that been as you wait for your ideal opportunity, should there be an opening for a job you know you can undertake and it is offered to you, take it up. Do not feel proud because it isn’t at the same standard you were used to. There is no shame is holding a decent job. If it feeds you and helps meet your needs no matter how small, other people’s opinions about it remain just that, their opinions. Also, taking up this offer doesn’t mean that you stop searching for that which you want so continue with those applications and networking.

There is no shame in loosing a job, it can happen to anyone. For as long us you are in employment, this is something that will happen to you at one point, if it hasn’t already happened. Over an entire period of your employment life, it could and will happen several times. Make peace with that fact! You must know one thing for sure though, sometimes, loosing your job can turn out to be the best thing that could happen to you. It could lead to you into starting your own company which can be very successful or even you joining a much better company and team with greater opportunities. Whatever happens, the best is yet to come, you just have to keep looking for it. As you set out on the next phase of your life, do not forge that you have a choice to make in every situation that you find yourself in; sit back, pity yourself and blame everyone for your misfortunes or make a conscious decision to start over no matter how tough it seems. All the best!!!

Finding the Balance

Almost all of us have heard about the ‘new normal’ or attended at least one webinar/zoom meeting since Covid-19 became a reality.

Following the spread of Corona virus and the government directives provided, most organizations have adopted the concept of working from home. Even though the Kenyan work culture as we’ve known it for a very long time, has been that of working from the office, we are now coming to terms with the fact that some jobs can still be done from home and the required results achieved. As we adapt to this, one of the major challenges that have come up the the inability to define, ‘working hours’. In an office set up ordinarily, employees work from 8am-5pm as opposed to the current setup where employees are flexible enough to start and finish their work as they plan individually. The Kenyan employment law provides for 52hrs of work per week, except for those organizations with Collective Bargaining Agreements that state otherwise.

What is happening with this ‘new normal’ is that some employees have come up with flexible times to work which fit into their home lifestyles thus shifting the well known ‘office hours’. Some are comfortable starting their work early in the morning while others have opted to work at night. Employers on the other hand have refused to draw the line as to when to make official communications with their employees with some of these phone calls and ‘very urgent’ emails coming in way past the ‘working hours’. Basically, the expectation from some employer is that since you are working from home, you are supposed to be on call whenever you are needed. As a result, instead of this providing the much needed relief to the employees to effectively balance family life and work, the stress and pressure resulting out of this conflict has left these two parties at a crossroad.

It is very important to note that whether you are working from your office or the comfort of your sofa set at home, there are expectations that must be met. It is also very important that these expectations are clearly defined and communicated so that the work process can move very smoothly. Operating on assumptions will only result into more conflict. Both parties need to agree on when the official working hours will be so that this does not interfere with the employee’s personal life while still maximizing on productivity. The expectations as far as deliverables are concerned should also be clear. Set daily/weekly targets and both must agree on these and how these will be measured and supervised. As a Supervisor, you need to remember that constantly calling your junior and sending them unnecessary emails will not make the work move faster. As an employee, you must note that regardless of your family set up, you still have obligations to your employer that must be met and should there be any special circumstances that may hinder you from performing, this must be brought to the attention of the employer in reasonable time. These points seem basic but I’ll tell you, so much resentment has come up as a result of these seemingly basic concepts not being clearly articulated.

I believe that this ‘new normal’ is going to stay with us for a very long time, if not forever, so it is up to us to find a way to make it work. Change is a process and it is going to take us awhile to find our way around, and that is okay. As we fumble through and adopt best practices, let is remember to clearly define the expectations from each party and maintain an open door policy. It will save us a lot of time and headache.

PS: In case you are seeking to come up with a ‘Working from home Policy’ for your organization, do not hesitate to drop me an email or a phone call through the numbers provided on the website. All the Best!!!