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NATIONAL CRIME RESEARCH CENTRE
HUMAN RESOURCE MANUAL
2009
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STAFF POLICY AND REGULATIONS MANUAL ....................................................... 1
EXECUTIVE SUMMARY ................................................................................................................................ 1
FORWARD ............................................................................................................. 3
SECTION A ............................................................................................................ 4
1.0 INTRODUCTION ............................................................................................................................. 4 1.1 OBJECTIVES OF THE MANUAL .................................................................................................. 4 1.2 RESPONSIBILITY ......................................................................................................................... 4 1.3 APPLICABILITY ........................................................................................................................... 4 1.4 VISION, MISSION AND MANDATE .............................................................................................. 5 1.5 CORE VALUES ............................................................................................................................. 5 1.6 FUNCTIONS ................................................................................................................................. 5
2.0 DEFINITIONS OF TERMS ............................................................................................................... 6
3.0 ABBREVIATIONS............................................................................................................................. 7
SECTION B ............................................................................................................ 8
4.0 GENERAL TERMS AND CONDITIONS OF SERVICE .................................................................... 8 4.1 OBLIGATIONS OF EMPLOYER ................................................................................................... 8 4.2 OBLIGATIONS OF EMPLOYEES .................................................................................................. 9 4.3 WORKING HOURS......................................................................................................................10
4.5.6 EMPLOYEES APPEARING IN COURT ...................................................................................11 4.5.7 ABSENCE ...............................................................................................................................12 4.5.8 ABSENCE REPORTING ..........................................................................................................12 4.6 NCRC STAFF IDENTITY CARD .............................................................................................12 4.7 INDIVIDUAL PROBLEMS AND GREVIANCES ........................................................................13
SECTION C .......................................................................................................... 14
5.0 EMPLOYMENT POLICIES AND PROCEDURES ............................................................................14 5.1 POLICY .......................................................................................................................................14
5.1.1 HUMAN RESOURCE PLANNING POLICY ..............................................................................14 5.1.2 HUMAN RESOURCE PLANNING PROCEDURES ...................................................................14
5.2 DETERMINING A VACANCY ......................................................................................................14 5.3 APPROVAL FOR RECRUITMENT ...............................................................................................15 5.4 RECRUITMENT AND SELECTION ..............................................................................................15
5.4.1 STAFF RECRUITMENT .....................................................................................................15 5.4.2 GENERAL RECRUITMENT PROCEDURE ..............................................................................15 5.4.3 STAFF SELECTION POLICY AND PROCEDURES ................................................................16 5.4.4 MEDICAL EXAMINATION.......................................................................................................16
5.5 TERMS OF SERVICE ...................................................................................................................17 5.5.1 PERMANENT AND PENSIONABLE ........................................................................................17 5.5.2 CONTRACT TERMS ...............................................................................................................17 5.5.3 SECONDMENT .......................................................................................................................17 5.5.4 CASUAL .................................................................................................................................18
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5.6 TERMS AND CONDITIONS OF SERVICE FOR UNIONISABLE STAFF .......................................18 5.7 TRANSLATION OF TERMS OF SERVICE ...................................................................................18 5.8 PROBATIONARY PERIOD ..........................................................................................................18 5.9 STAFF INDUCTION ....................................................................................................................19 5.10 TRANSFERS AND DEPLOYMENT POLICY...............................................................................19 5.11 ACTING APPOINTMENTS ..........................................................................................................20 5.12 STAFF PROMOTIONS ............................................................................................................21 5.13 CAREER DEVELOPMENT ...........................................................................................................21 5.14 EXIT FROM THE SERVICE .......................................................................................................21
SECTION D .......................................................................................................... 25
6.0 SALARY AND BENEFITS ADMINISTRATION ..............................................................................25 6.1 POLICY .......................................................................................................................................25 6.2 SALARY STRUCTURE .................................................................................................................25 6.3 PAYMENT OF SALARIES:...........................................................................................................25 6.4 ENTRY POINT: ...........................................................................................................................25 6.5 SALARY INCREMENT .................................................................................................................26
6.5.1 ANNUAL INCREMENT ...........................................................................................................26 6.5.2 INCREMENT ON PROMOTION ..............................................................................................26
6.6 DATE FOR PAYMENT OF SALARIES: ........................................................................................26 6.7 OVERTIME WORK: .....................................................................................................................26 6.8 DEDUCTIONS ............................................................................................................................27
6.8.1 STATUTORY DEDUCTIONS ..................................................................................................27 6.8.2 OTHER DEDUCTIONS ...........................................................................................................27
6.9 SALARY REVIEW ...........................................................................................................................27
6.10 ALLOWANCES ..............................................................................................................................28 6.10.1 HOUSE ALLOWANCE ......................................................................................................28 6.10.2 ACTING ALLOWANCE ......................................................................................................29 6.10.3 SPECIAL DUTY ALLOWANCE ..........................................................................................30 6.10.4 AGGREGATION ALLOWANCE .........................................................................................31 6.10.5 TRANSFER ALLOWANCE .................................................................................................31 6.10.6 HARDSHIP ALLOWANCE ..................................................................................................31 6.10.7 WARM CLOTHING ALLOWANCE .....................................................................................31 6.10.8 ENTERTAINMENT ALLOWANCE ......................................................................................32 6.10.9 SUBSISTENCE ALLOWANCE ............................................................................................32 6.10.10 QUARTER PER DIEM ALLOWANCE .................................................................................33 6.10.11 SUBSISTENCE ALLOWANCE WHEN TRAVELLING ON DUTY OUTSIDE KENYA ...........34 6.10.12 MEALS ALLOWANCE ........................................................................................................34 6.10.13 SPECIAL ACCOMMODATION ALLOWANCE.....................................................................34 6.10.14 COMMUTER ALLOWANCE .................................................................................................35
6.10.15 LEAVE ALLOWANCE ...............................................................................................................35 6.10.16 EXTRANEOUS DUTY ALLOWANCE....................................................................................35
6.11 ADVANCES AND LOANS .................................................................................................................37 6.11.1 SALARY ADVANCE .........................................................................................................37 6.11.2 STUDY LOAN ....................................................................................................................38 6.11.3 STAFF HOUSING LOAN SCHEME ....................................................................................38 6.11.4 STAFF CAR LOAN SCHEME .............................................................................................38 6.11.5 ADVANCES FOR FURNITURE AND APPLIANCES .........................................................38 6.11.6 AWARDS SCHEME ............................................................................................................39
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SECTION E........................................................................................................... 41
7.0 TRANSPORT AND TRAVEL ..........................................................................................................41 7.1 POLICY .......................................................................................................................................41 7.2 TRAVELLING BY ROAD .............................................................................................................41
7.2.1 TRAVELLING BY PUBLIC MEANS .........................................................................................41 7.2.2 TRAVELLING BY CENTRE VEHICLE .....................................................................................41 7.2.3 TRAVELLING BY TAXI ..........................................................................................................42
7.3 TRAVELLING BY RAIL ...............................................................................................................43 7.4 TRAVELLING BY AIR .................................................................................................................43
SECTION F .......................................................................................................... 44
8.0 PERFORMANCE MANAGEMENT SYSTEM (PMS) .......................................................................44 8.1 POLICY STATEMENT .................................................................................................................44 8.2 GUIDING PRINCIPLES & SEQUENCE OF PERFORMANCE MANAGEMENT ACTIVITIES .........44
8.2.1 GUIDING PRINCIPLES ...........................................................................................................44 8.2.2 SEQUENCE OF PMS ACTIVITIES ..........................................................................................44 8.2.2.4 RATING PERFORMANCE .....................................................................................................45 8.2.2.5 REWARDING PERFORMANCE .............................................................................................46
SECTION G .......................................................................................................... 47
9.0 TRAINING AND DEVELOPMENT ..................................................................................................47 9.1. GENERAL POLICY STATEMENT ................................................................................................47 9.2 OBJECTIVES OF TRAINING .......................................................................................................47 9.3 RESPONSIBILITY FOR TRAINING ..............................................................................................47
9.3.1 THE HUMAN RESOURCE DEVELOPMENT .......................................................................47 9.3.2 THE HEADS OF DEPARTMENT .............................................................................................48 9.3.3 RESPONSIBILITY OF THE EMPLOYEE IN TRAINING AND ..................................................48 DEVELOPMENT ....................................................................................................................................48
9.4 TRAINING AND DEVELOPMENT NEEDS ASSESSMENT ............................................................48 9.5 CATEGORIES OF TRAINING ......................................................................................................48 9.6 SPONSORSHIP ............................................................................................................................48
9.6.1 BY THE CENTRE ...................................................................................................................48 9.6.2 BY OTHER INSTITUTIONS ....................................................................................................49 9.6.3 SELF .......................................................................................................................................49
9.7 BONDING ....................................................................................................................................50 9.8 Methods of Training .................................................................................................................50
9.8.1 ON-THE-JOB TRAINING .......................................................................................................50 9.8.2 OFF-THE-JOB TRAINING .....................................................................................................50 9.8.3 INTERNSHIP AND ATTACHMENT ....................................................................................51
9.9 Training Evaluation .................................................................................................................51 9.10 SKILLS INVENTORY ...................................................................................................................51
SECTION H .......................................................................................................... 52
10.0 LEAVE ADMINISTRATION ............................................................................................................52 10.1 POLICY ..........................................................................................................................................52 10.2 CATEGORIES OF LEAVE: ..........................................................................................................52
10.2.1 ANNUAL LEAVE ................................................................................................................52 10.2.2 PUBLIC HOLIDAYS AND GAZETTED RELIGIOUS HOLIDAYS ......................................54 10.2.3 EMERGENCY LEAVE .........................................................................................................55
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10.2.4 COMPASSIONATE LEAVE .................................................................................................55 10.2.5 STUDY LEAVE WITHOUT PAY ........................................................................................55 10.2.6 EXAMINATION LEAVE ......................................................................................................56 10.2.7 DISEMBARKATION LEAVE ................................................................................................56 10.2.8 MATERNITY AND PATERNITY LEAVE .............................................................................56 10.2.9 SPECIAL TERMINAL LEAVE ...................................................................................................56 10.2.10 SICK/CONVALESCENCE LEAVE .........................................................................................57 10.2.11 COMMUTATION OF LEAVE ...........................................................................................58
SECTION J ........................................................................................................... 59
11.0 MEDICAL BENEFITS .................................................................................................................59 11.1 POLICY STATEMENT .................................................................................................................59 11.2 MEDICAL INSURANCE SCHEME ..............................................................................................59
11.2.1 SALIENT FEATURES .......................................................................................................59 11.3 GROUP LIFE AND PERSONAL ACCIDENT INSURANCE COVER ..............................................59
SECTION K .......................................................................................................... 60
12.0 INDUSTRIAL RELATIONS POLICY ...............................................................................................60 12.1 POLICY STATEMENT .................................................................................................................60
12.1.1 SUPPORT OF STAFF CO-EXISTENCE ..............................................................................60 12.1.2 RECOGNITION OF TRADE UNION AND RESOLVING OF DISPUTES .............................60 12.1.3 COLLECTIVE BARGAINING AGREEMENT (CBA) ............................................................60 12.1.4 RESPECT FOR MUTUAL NEGOTIATION IN RESOLVING DISPUTES ..............................61 12.1.5 TRIPARTITE APPROACH OF RESOLVING CONFLICTS ..................................................61
12.2 GRIEVANCE HANDLING PROCEDURE ......................................................................................61 12.2.1 POLICY GUIDE .................................................................................................................61 12.2.2 SPECIFIC GRIEVANCE HANDLING PROCEDURES ..........................................................61 12.2.3 APPEALS ...........................................................................................................................62 12.2.4 IMPORTANT PROVISIONS ................................................................................................62
SECTION L ........................................................................................................... 63
13.0 GENERAL CONDUCT AND DISCIPLINE ....................................................................................63 13.1 CODE OF CONDUCT AND ETHICS .........................................................................................63
13.2 EMPLOYEES’ LOYALTY TO NCRC ...........................................................................................63 13.3 CONDUCT TOWARDS THE PUBLIC ...............................................................................63 13.4 RELEASE/DISCLOSURE OF INFORMATION TO THIRD PARTIES...................................64 13.5 PROTECTION OF NCRC’S PROPERTY AND INTEREST..................................................64 13.6 GIFTS AND OTHER BENEFITS .........................................................................................64
13.2 RULES AND REGULATIONS ..................................................................................................66 13.3 Disciplinary Procedures ......................................................................................................69
13.3.1 Policy Statement ............................................................................................................69 13.3.2 Conduct a preliminary investigation ...........................................................................70 13.3.3 Conduct a discussion/counseling session. ..................................................................70 13.3.4 WARNING .........................................................................................................................70 13.3.5 Recommendation of Penalties .....................................................................................71 13.3.6 Procedure for Discipline of Serious Offences ............................................................71 13.3.7 Composition of disciplinary committee ......................................................................72 13.3.8 Appeals Committee ........................................................................................................72
13.4 Forms of Punishment ..............................................................................................................73 13.4.1 REPRIMAND ......................................................................................................................73
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13.4.3 Interdiction .....................................................................................................................73 13.4.4 Suspension .......................................................................................................................74 13.4.5 DISMISSAL .........................................................................................................................75 13.4.6 Summary Dismissal .........................................................................................................75 13.4.7 Surcharging of Staff .......................................................................................................75 13.4.8 Forfeiture of Appointment ...........................................................................................76 13.4.9 Termination of Service ..................................................................................................76 13.4.10 Re- Stoppage of annual increments ............................................................................76
SECTION M .......................................................................................................... 77
14.0 STAFF WELFARE ..........................................................................................................................77 14.1 HIV/AIDS ....................................................................................................................................77 14.1.1 Guiding Principles ...............................................................................................................77
14.1.2 Privacy and Confidentiality .........................................................................................78 14.1.3 Prevention .......................................................................................................................78 14.1.4 Treatment, Care and Support ......................................................................................79
14.2 COUNSELLING SERVICES ..........................................................................................................79 14.3 BENEVOLENCE ...........................................................................................................................79
14.3.1 Assistance to bereaved employees .............................................................................79 14.3.2 ASSISTANCE TO MEMBERS OF STAFF FOLLOWING DEATH OF IMMEDIATE ............80 FAMILY MEMBERS ...............................................................................................................................80
14.4 RECREATION ..............................................................................................................................80 14.5 Savings and Credit Cooperative Society ..............................................................................81 14.6 Recognition of Staff Associations ..........................................................................................81
SECTION N .......................................................................................................... 82
15. HEALTH AND SAFETY ..................................................................................................................82 15.1 POLICY STATEMENT .................................................................................................................82 15.2 OBJECTIVES ...............................................................................................................................82 15.3 STRATEGIES ...............................................................................................................................83 15.4 UNIFORMS AND PROTECTIVE CLOTHING ...............................................................................83
SECTION P .......................................................................................................... 84
16.0 PENSION AND STAFF INSURANCE ADMINISTRATION .............................................................84 16.1 POLICY STATEMENT .................................................................................................................84 16.2 STAFF PENSION SCHEME ..........................................................................................................84
16.3 STAFF GRATUITY .........................................................................................................................84 16.3.1 CONTRACT TERM GRATUITY .........................................................................................84
SECTION Q .......................................................................................................... 85
17.0 GENERAL REGULATIONS .............................................................................................................85 17.1 GENERAL POLICY STATEMENTS ..............................................................................................85 17.2 VEHICLES ...................................................................................................................................85 17.3 Public and Political Responsibilities .....................................................................................86 17.4 ACCESS TO THE CENTRES PREMISES ......................................................................................87 17.5 FRAUD HANDLING PROCEDURES ............................................................................................88
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SECTION R .......................................................................................................... 90
18.0 PROCEDURES FOR REVISION ......................................................................................................90
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STAFF POLICY AND REGULATIONS MANUAL
EXECUTIVE SUMMARY
This is a staff policy and regulations manual of the National Crime Research Centre whose objective is to guide in the management of all aspects of human resources. This manual is an output of a five day retreat at Mombasa Beach Hotel from 9th to 13th June 2009. In participatory manner, the retreat systematically laid down a framework for the document and considered carefully all the aspects for inclusion into the manual. The document was developed in the context of National Crime Research Centre objects with emphasis on the functions of the centre. In view of the fact that the Centre is in its operationalization stage the content of the manual was informed by the views of the staff undertaking the exercise with the assistance and facilitation of a Consultant from Office of the Prime Minister, Senior Assistant Director Management Consultant Services, Mr. Absalom Ayodo. The retreat started by reviewing staff manuals from other similar and or related institutions from where some human resources management practices were borrowed and applied to National Crime Research Centre situation. The retreat ensured that the content of the manual was in tandem with Centre’s mission, vision and core values and in context with overall research strategy. Overall, the staff policy and regulation manual was conceived within the framework of corporation research strategy because, it has to be part of the overall corporate plan. That is to say that human resources management is viewed as an integral component of research strategy and fundamental driver of research growth and institutional development. Key importance of the staff policy and regulations manual is to guide the centre process of building a committed, more efficient and productive staff through which the corporation will optimize business returns at a minimal cost. It will guide in the process of building an establishment that is motivated and that which identifies with the centre as an integral research partner. Beyond the practices and procedures in human resources management, the manual states in simple terms the guiding principles and policies of every practice. It also benchmarks the most salient code of Conduct and Ethics expected from both the Centre and staff, aspects on which discipline procedures are based. Thus the document is a one shop manual that is more comprehensive and all encompassing.
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The document also took cognizance of the fact that new information and communication technologies have been fundamental in influencing information flow and management. Ways and means of adopting and using ICT in communication and utilizing them for the beginning of research work have been addressed as well. The main components of staff policy and regulations manual were:-
1. General Terms and Conditions of Service 2. Employment Policies and Procedures 3. Salary and Benefits Administration 4. Transport and Travel 5. Performance Management System 6. Training and Development 7. Leave Administration 8. Medical Benefits 9. Employee Relations 10. Conduct and Discipline 11. Staff Welfare 12. Health and Safety 13. Pension and Staff Insurance Administration 14. General Regulations 15. Procedures for Revision 16. Records Management 17. Information and Communication Technology (ICT)
A provision for revision was provided to accommodate changes in research strategies as well as any improvement in human resource management.
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FORWARD
National Crime Research Centre is currently undergoing operationalization with the sole aim of undertaking research into the causes of crime and its prevention as well as disseminating research findings to the agencies of Government concerned with the administration of criminal justice for purposes of assisting them in their policy formulation and manning. To enable the Centre fulfill its objectives it has become imperative to develop staff policy and regulations manual constituting human resources development strategy that recognizes that a motivated and more productive staff is a key driver to successful research undertaking. Research institutes world over are striving to work with slimmer but more efficient human resource to achieve reliable research findings. This realization has called for more effective array of management practices that are integrated into research strategies. A more profound realization is the fact that human resource is the most valued asset in a research organization and that there is a need to develop a more comprehensive and coherent approach to human resources management that motivates employees. Unlike in the traditional approach to human resources management today organizations recognizes the importance of winning the hearts and minds of employees and to get them to identify with the organization, and to involve themselves fully in its activities. This has no doubt called for human resources management that helps to enhance staff commitment and to remain in the organization so as to ensure successful results, high level of efficiency and reduce cost. The demand for these modern human resources management style that integrates research and human resources management strategy prompted the development of the Staff Policy and Regulations manual incorporating the modern management style and practice. It is my belief and conviction that this Staff Policy and Regulation manual will provide clear guidelines of managing future human resources in National Crime Research Centre and act as a foundation upon which more efficient and effective human resources manual will be developed to drive research at National Crime Research Centre after it becomes fully operational. J. ORIRI ONYANGO Ag. DIRECTOR NATIONAL CRIME RESEARCH CENTRE
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SECTION A
1.0 INTRODUCTION
1.1 OBJECTIVES OF THE MANUAL This staff policy and regulations manual provides detailed information about The National Research Crime Centre (NCRC) human resource policies, procedures and conditions of employment for staff. It is binding on the employee as part of the contract of employment. This Manual has been prepared by the management in consultation with NCRC Governing Council and will act as a reference document for the Governing Council, Management and Staff of NCRC. It also forms the basis upon which the Centre’s working culture and environment will develop. Any changes to the policies and procedures contained in this manual will require authorization of the Director. However, where changes in policy may have significant financial implications, the Director will seek approval from the Governing Council prior to implementation. In areas where staffs require clarification, the Director should be consulted for guidance and interpretation of any section of the manual as well as for cases that may not have been specifically covered. This manual will extensively guide the operations of the human resource function and is subject to all applicable legislation and policies.
1.2 RESPONSIBILITY All employees will be held responsible for reading and understanding these regulations and any amendments that will be made as and when the Governing Council deems necessary. Departmental Heads / Supervisors must ensure that all Staff under them, irrespective of cadre, are made aware of sections of these regulations which cover their terms and conditions of service. Ignorance of any of these regulations will not be accepted as an excuse for failure to act upon any matter or comply with the regulations as laid down in the manual.
1.3 APPLICABILITY Unless expressly provided either in these regulations or where exception is authorized by the Centre, these regulations shall apply to all employees.
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1.4 VISION, MISSION AND MANDATE THE VISION To be the leading crime research centre in the African Region and beyond. MISSION The mission of the NCRC is to provide quality and authentic information into causes of crime, its prevention with a view of achieving a crime free society. MANDATE The mandate of NCRC as stipulated in the National Crime Research Centre Act (Act No. 4 of 1997) is to carry out research into the causes of crime and its prevention and to disseminate research findings and recommendations to the Government agencies concerned with the administration of criminal justice.
1.5 CORE VALUES NCRC commits itself to the highest ideals of good governance by promoting excellence, transparency and accountability in the organization. The Centre will conduct its business guided by the following core values:
a) Professionalism b) Customer focus c) Consultative leadership d) Integrity and fairness e) Trust and honesty f) Cultivating long-term relationships g) Social responsibility
1.6 FUNCTIONS
The functions of the Centre are enumerated in Section 5 of the Act the functions of the centre that would enable it to fulfill its mandate. Among these functions are:
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To carry out coordinated research into, and evaluate the impact of, programmes pursued by the agencies responsible for the administration of criminal justice,
Collate all crime related data,
Carry out research into deviations from the criminal justice system with a view to increasing the awareness and responsibility of the community in the rehabilitation of criminal offenders,
Carry out research into the efficacy and adequacy of criminal investigation and prosecution agencies, the penal system and the treatment of criminal offenders.
To disseminate research findings through publications, seminars, workshops, etc.
To liaise with any other research bodies within or outside Kenya engaged in the pursuit of similar or related research.
2.0 DEFINITIONS OF TERMS
In the Staff Policy and Regulations Manual (hereinafter referred to as the Regulation), unless the context otherwise requires, the words and expressions have the several separate meanings assigned to them in the National Crime Research Centre Act (Act No. 4 of 1997) thereinafter referred to as the Act.
i. “Head of Department” means any person who is in charge of a Department.
ii. “Employee” means a person employed by the Centre for wages or a salary and includes an apprentice and indentured learner.
iii. “Temporary Employee” means a person whose terms of engagement are more that 24 hours but less than three (3) months.
iv. “Casual” means a person whose terms of engagement provide for his payment at the end of each day and who is engaged for a longer period than 24 hours at a time.
v. “Centre” means the National Crime Research Centre.
vi. “Officer” includes “Employee” except where otherwise stated or implied.
vii. “Pensionable Terms” this is an employment term whereby the contract with the Centre runs up to normal retirement or unless otherwise terminated. Meaning assigned to it, is in the NCRC Staff Retirement Benefits Scheme.
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viii. “Basic Salary” means pay of an employee, but does not include house allowance, overtime, subsistence allowance, or other fluctuating or extra allowances
ix. “Gross Salary” is pay of an Employee including supplementation. x. “Public Services” includes service in the Civil Service, Parastatals,
Statutory Governing Councils and quasi Governmental Bodies, and exclude service in the Private Sector.
xi. “Financial Year” means the period from 1st July to 30th June inclusive. xii. “Union” means any Staff Union or Association recognized by the Centre,
representing a section of the Staff of the Centre. xiii. “Director” a person appointed as the Chief Executive of the Centre. xiv. “The Management” means the Director and Heads of Departments. xv. “ Welfare” This is a system whereby Staff benefit from other social well
being services/activities Unless otherwise provided, words implying the masculine gender also
include the feminine gender; words in the singular include the plural.
3.0 ABBREVIATIONS
Statutory deductions shall include:-
a) P.A.Y.E. – Pay As You Earn b) N.S.S.F. – National Social Security Fund c) N.H.I.F. – National Hospital Insurance Fund
“CBA” Collective Bargaining Agreement for the Unionisable Staff means a
registered agreement concerning any terms and conditions of employment made in writing between a trade union and NCRC
“BIFU” The term means Banking Insurance and Finance Union representing the Unionisable Staff
“HIV/AIDS” This means the Human Immune – Deficiency Virus that weakens the body’s immune system, ultimately causing AIDS.
“PMS” This means Performance Management System “ICT” This means Information Communications Technology “VCT” This means Voluntary Counseling and Testing. A process that allows
people to willingly know their Sero-status to help them plan their lives and make informed decisions
“NCRC” National Crime Research Centre “ARV” Stands for Anti-Retroviral “CHRMAO” Chief Human Resource Management Administrative Officer “HR” Stands for Human Resource “Director” Stands for Chief Executive Officer
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SECTION B
4.0 GENERAL TERMS AND CONDITIONS OF SERVICE
4.1 OBLIGATIONS OF EMPLOYER
The Centre has diverse range of obligations to its employees which if not addressed would hamper service delivery. The obligations are as follows:-
i. The Centre shall employ an ethical approach to managing its human capital which is based on concerns of people, natural justice, fairness, transparency and compliance with labour laws.
ii. To avail and circulate staff policy and regulations manual to all responsible departments/sections to be read and understood by all employees of the Centre. It is designed to acquaint employees with the Centre and provide them with the information about working conditions, benefits and policies affecting their employment.
iii. The Centre shall conduct regular review of the composition structure, workload and competencies of its human capital in order to develop critical mass, of core staff to ensure that organizational needs are adequately met currently, and in the future
iv. The Centre shall hire staff of the highest caliber by adopting best HR selection practices.
v. The Centre shall recognize and value staff for their knowledge, skills, talents, abilities, creativity and productivity.
vi. The Centre shall develop flexible team structures and other participative forums in which staff can generate fresh ideas and innovative practices.
vii. The Centre shall develop performance standards and provide staff with regular constructive, honest and timely evaluation of their work performance in order to ensure employees are constantly aware of the performance expected from them.
viii. The Centre shall enhance and develop inherent capacities of employees by providing opportunities for learning and continuous professional development.
ix. The Centre shall ensure that the paramount consideration in the determination of the condition of service shall be to secure staff of the highest standards of efficiency, competence and integrity.
x. The Centre shall ensure that the rights, duties and obligations of staff members as set out in the staff policy and regulations are respected and observed.
xi. The Centre endeavors to adhere to the rules governing the redundancy exercise and uphold the rule of law and fairness. The Centre shall
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endeavor to explain to the stakeholders in details and provide reasons for redundancy. The redundancy shall be done in such a manner that the whole organization and not just a department is affected by the exercise. Adequate notice shall be given to the affected employees as provided by the law or service contract.
xii. The Centre shall endeavor to mainstream Gender balance in the recruitment of its staff.
xiii. The Centre is an equal opportunity employer and will treat all employees with fairness without discrimination on the basis of their gender, race, religion, socio-cultural orientation, status in the Centre and physical disability.
xiv. There shall be no unwarranted intrusion into an employee’s private life or affairs as long as such matters do not affect his performance. Individuals will, however be required to conduct their personal affairs in a way that does not compromise or jeopardize the interest of the Centre.
xv. The Centre shall have due regard to environmental and public health considerations in and around the work place.
xvi. The Centre shall pay practicing certificate registration fees for all its Officers who by the nature of their professional engagement they must be so registered.
xvii. The Centre must avail proper facilities for the business of the Centre to be performed.
4.2 OBLIGATIONS OF EMPLOYEES
The Centre is expected to provide and promote a conducive working environment for its Employees so that the Centre achieves its objectives. Some of the obligations expected of employees include:
a) An employee shall serve at such places in Kenya as the Director may determine. The Employee shall devote himself entirely to his duties during working hours. The services of an employee are not limited to the work which may be specified in his contract of service, or letter of appointment and may be called upon to perform any reasonable duty for which he may be fitted in connection with the working of the Centre.
b) Every employee must render prompt obedience to all persons placed in authority over him.
c) No employee may absent himself from duty during working hours, leave his appointment place of work, proceed to a place other than at which he is usually employed without the permission of his immediate supervisor.
d) The hours of duty of employees will be such as may be prescribed from time to time for positions in which they are employed.
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e) Every single employee will be responsible, through his immediate supervisor, to the Head of his Department for the proper and efficient discharge of the duties entrusted to him. It is the duty of the supervisor to give special attention to efficiency and economy in work and disposition of the employees under him, in the use of all property of the Centre, in the method of working, and in the number of employees under him.
f) The conduct of an employee must be Civil and obliging, and he must coach his communications in such courteous language, and be careful to give correct information in the form received from a member of the public or from a public body. No employee is allowed to disclose the affairs of the Centre without the authority of the Director.
g) An employee must declare to the Director his business interests, and the nature of interest, particularly where companies, partnerships or associations in which the employee holds interest, do business of whatever nature with the Centre.
h) All employees shall acquaint themselves with the provisions of the National Crime Research Centre Act. However, employees whose duties so require must have thorough knowledge of the Act. Copies are available at all stations where the Centre has business.
i) Employees shall undergo medical examination, practical, educational or vocational tests as may be required by the Centre.
j) The safety of the public and employees, and the efficiency of the Centre shall be the foremost consideration of all employees of the Centre.
TERMS AND CONDITIONS OF SERVICE
4.3 WORKING HOURS
(i) All staff are expected to adhere to prescribed working hours unless they
have made acceptable prior arrangements. Failure to do so may lead to disciplinary action being taken against the employee.
(ii) In general, Hours of duty are determined by the intensity of work to be performed having regard to the particular circumstances of the vocation or the place of work. Though the general hours will be as stated below, employees may be required to work outside these hours depending on the prevailing circumstances.
(iii) An employee maybe required to work beyond normal working hours.
(iv) In accordance with the regulation of wages and conditions of
employment Act (Cap,229), normal working week shall consist of not more than 40hours of work spread over 5 days of the week. (With the exception of the Security Staff).
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Working Hours – Monday to Friday 8:00a.m - 1:00p.m 1:00p.m - 2:00p.m (Lunch Break) 2:00p.m - 5:00p.m The following category of staff who by the irregular nature of their work must work during irregular hours shall observe the following work schedule: POSITION TIME 1ST Shift Telephone 7:30a.m - 1:00p.m Operator 2nd Shift Telephone 1:00p.m - 5:15p.m Operator POSITION TIME Support Staff (7:30a.m - 1:00p.m) (2:00p.m - 4:30p.m) Monday to Friday POSITION TIME Security Monday to Sunday Staff (6:00a.m - 6:00p.m)
4.5.6 EMPLOYEES APPEARING IN COURT
PRIVATE CIVIL CASES An Employee who is summoned to appear in Court at the request of an individual and in a case NCRC has no interest, shall make his own travel arrangements. CASES AGAINST NCRC An Employee who is summoned to court to give evidence on behalf of NCRC will be regarded as traveling on duty and any expenses incurred shall be paid by NCRC.
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4.5.7 ABSENCE
Whenever possible, absence from work must be authorized in advance by the employee’s immediate supervisor or the Head of Human Resource and Administration. In cases of emergency, the immediate supervisor should be informed of circumstances not later than 48 hours after the emergency has occurred. It is the responsibility of the Heads of Department to monitor and control the level of absenteeism in his / her Department. Absence for more than five days but less than ten days without notification to the Head of Department or Head of Human Resource and Administration Department will be a major offence and is liable to disciplinary action including dismissal. Failure to notify the Departmental Head or the Head of Department Human Resource and Administration of absence from duty on a working day will require justification and may be considered unsatisfactory conduct.
Absence for more than seven (7) consecutive working days without notification will be deemed to be desertion and the Employee will be liable to disciplinary action which could result in termination of employment.
4.5.8 ABSENCE REPORTING
The Departmental Heads and Supervisors are required to record all incidences of lateness and / or absenteeism. Each Department will submit a monthly absence record to the Head of Department Human Resource and Administration who will compile monthly absence reports to be reviewed by the Director and Heads of Departments. Unauthorized absence for a day or more will be deducted from the annual leave entitlement. Where problems of lateness and absenteeism persist, the CHRMAO Will take corrective action through counseling, training and / or instituting disciplinary procedures
4.6 NCRC STAFF IDENTITY CARD
All Staff shall be issued with a Staff Identity Card free of charge. However replacement will be done at a cost incase of loss but free of charge incase of change of names due to marriage, change of grade due to promotion or re-designation. The Identity Card shall be surrendered to the CHRMAO on cessation of employment.
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4.7 INDIVIDUAL PROBLEMS AND GREVIANCES
When an Employee has a problem or a grievance that is not related to discipline he or she shall approach the immediate Supervisor and if the immediate Supervisor is a party to it, present it in writing to the next level with a view of solving it. The immediate Supervisor shall consider the matter and solve it or refer it to the Head of Department. If the Employee is not satisfied with the proposed decision, he may appeal to the Director.
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SECTION C
5.0 EMPLOYMENT POLICIES AND PROCEDURES
5.1 POLICY
5.1.1 HUMAN RESOURCE PLANNING POLICY
It is the Policy of the Centre to continuously identify Human Resource requirements of the Organization and to ensure that plans are made to satisfy the same. The Aim of this Policy is to ensure that the Organization matches its Human Resource needs both in quantitative and qualitative terms to its business needs in the short and long term.
5.1.2 HUMAN RESOURCE PLANNING PROCEDURES
The Human Resource Department in consultation with other heads of Departments will periodically undertake the following process:
(i) Carry out an analysis of the Centres business strategic plans in order to determine future activity levels and initiatives that will demand new skills
(ii) Determine the Human Resource requirements necessary to deliver the business strategy
(iii) Forecast the future demand for Human Resources in terms of numbers and skills and assess the number of Human Resources likely to be available from within and outside the Organization
(iv) Formulate a sourcing strategy that ensures that the Centre acquires and / or develops the knowledge and skills necessary to achieve the Organizations business strategy.
(v) Maintain an updated staff establishment.
5.2 DETERMINING A VACANCY
The Head of Department will report the availability of a vacancy in His / Her Department to the CHRMAO. Before the decision to recruit is made, the Departmental Head will consult with CHRMAO on other options which might be appropriate, such as work re-design, re-assignment of existing Staff, promotion and outsourcing of the service. Once the decision to recruit is made, the relevant Departmental Heads together with the CHRMAO will determine if the position should be filled by the permanent Employee, contract or a temporary one. The
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Departmental Head will now complete a relevant requisition form in duplicate and after it has been signed will be routed as follows:
One copy to be sent to the CHRMAO
A copy retained by requisitioning Head of Department.
5.3 APPROVAL FOR RECRUITMENT
Filling of an indent or form will serve as a formal request to fill a vacancy. The form will be forwarded to the HR Department for processing. The Director will approve all recruitment proposals. However, approval for recruitment of senior Heads and Consultants will be done in consultation with the Governing Council. Where approval of recruitment is denied, the Departmental Head will revisit the alternatives of re-design or re-assignment of existing Staff.
5.4 RECRUITMENT AND SELECTION
The Centre is an equal opportunity employer and therefore appointments shall not prejudice against race, ethnic background, gender, age, disability and religion.
5.4.1 STAFF RECRUITMENT
(i) The Centre’s recruitment policies and procedures are aimed at attracting the best available talent and to select solely on the basis of the candidate’s suitability to meet the requirements of the position.
(ii) In considering filling the positions, it is the Centre’s policy to promote from within whenever it is appropriate. In this case, consideration for internally advertised positions will be given priority. However the Centre recognizes the need to advertise externally to infuse fresh talents from time to time where such talents cannot be sourced internally
(iii) The Centre will ensure that all positions identified are filled by persons who have the skill, knowledge, experience and qualifications required for performing the job effectively.
5.4.2 GENERAL RECRUITMENT PROCEDURE
(i) Recruitment shall be coordinated by the Human Resources Department
(ii) Under the provision of the NCR Act, power to appoint persons to hold or act in office is vested in the Governing Council. In conformity with these provisions, the Governing Council will be responsible for the
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recruitments of Heads of Departments positions and delegate the recruitment of the other cadres to a committee composed of the Director and Heads of Departments in line with the best practices.
(iii) When a vacancy occurs, the Head of Department will notify the CHRMAO of the fact in order to facilitate the commencement of a competitive recruitment process as described in this manual.
(iv) Clearly defined job specification and description for each vacancy shall be prepared by respective heads of departments in consultation with the Human Resource Department.
(v) Applications for appointment to the vacant positions will be invited by way of advertisement in such a manner as the Director may determine.
(vi) Where a post is to be advertised publicly the officer notifying the vacancy to the Director shall also submit, setting out the qualifications prescribed for the post in accordance with the job specifications scheme.
(vii) Application for employment shall be made formally in writing to the Director. Any offer of appointment not taken up within a period of 30 days shall stand withdrawn.
5.4.3 STAFF SELECTION POLICY AND PROCEDURES
It is the policy of the Centre to seek and employ individuals who posses the necessary skills, competencies and experience or who can be trained to perform tasks in a manner that will contribute to the effectiveness and objectives of the Centre.
(i) The Director shall appoint Staff selection Committees at various levels of the Centres operations to interview candidates and submit recommendation of the most suitable candidate(s) for appointments.
(ii) The Human Resources Department will shortlist and invite the candidates for interviews within fourteen days of the closing date.
(iii) All applicants shall be subjected to a selection interview before appointment.
The interviewing Panel shall then make their recommendations of their selections to the Director for approval. After approval both successful and unsuccessful applicants will be notified in writing by the Human Resources Department.
5.4.4 MEDICAL EXAMINATION
All candidates proposed for employment are required to undergo a medical examination by a Medical Doctor appointed by the Centre. This examination shall not be used to discriminate candidates on the basis of their HIV / AIDS status. The cost of the medical examination will be born by the Centre.
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Letters of appointment shall not be offered to the Candidates until they are certified to be medically fit by the Centre’s Doctor.
5.5 TERMS OF SERVICE
A new Employee joining the Centre will be issued with a letter of appointment specifying the type of appointment and terms of service under which they have been appointed. The officer will also be required to sign the Official Secrets Act’s declaration Form on entering the service of the Centre. All appointments shall fall under any of the following terms:-
5.5.1 PERMANENT AND PENSIONABLE
A Permanent and Pensionable Employee shall be an Employee whose service contract with the Centre runs up to the age of normal retirement unless otherwise terminated. Employees who have been confirmed in appointment shall join the NCRC pension scheme.
5.5.2 CONTRACT TERMS
(i) Employees appointed on contract terms of service shall execute a contract stating the mutually agreed terms and conditions under which they will serve.
(ii) At expiry of the contract period, employees on contract terms are eligible for contract gratuity at the rate of 31% of the annual basic salary.
5.5.3 SECONDMENT
All employees deployed to the Centre shall be deemed to be on secondment for a period of three (3) years from the date of deployment. During the period of secondment then employees will draw emoluments from the Centre. After the period of the secondment the Centre may opt to absorb staff and those not absorbed would resume their previous positions in Ministry/Departments.
Employees of the Centre may be seconded to other Public Organizations and/or International Bodies for a period of three (3) years upon approval of the Governing Council.
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5.5.4 CASUAL
This category of employment entails engagement of Employees on not more than 24hrs at a time and not for a continuous period of one month. Casual employment shall be deemed to be one where wages are paid daily.
5.6 TERMS AND CONDITIONS OF SERVICE FOR UNIONISABLE STAFF
The terms of employment shall be as stipulated in the Collective Bargaining Agreement (CBA).
CBAs shall be read together with the Staff Policy and Regulations Manual and public officers ethics act 2003 as well as circulars issued by Government and Director from time to time.
5.7 TRANSLATION OF TERMS OF SERVICE
The Centre will allow an employee to change his terms of employment from contract to permanent and pensionable. However, such an employee should have served the Centre for a period of either 1, 2 or 3 years and should indicate his intention in writing to the Director. The acceptance or rejection of such a request shall be at the discretion of the Director with recommendations of the CHRMAO. The Employee will be notified in writing of such a decision.
5.8 PROBATIONARY PERIOD
All newly appointed employees of the Centre except those appointed by Government will be required to undergo a probationary period of six (6) months.
During the probationary period, immediate supervisor shall submit an interim and final progress report to the CHRMAO who shall after the expiry of the probationary period advise the Director whether in his/her opinion the employee should be confirmed to the post, probationary period extended, or appointment terminated.
If it is recommended that an employee should have his/her probationary period extended, he/she will be informed of this intention in writing 14 days after receipt of final report. The extension however, shall not exceed a further period of the applicable probationary period.
If it is recommended that his/her appointment should be terminated, the employee shall be informed in writing of the intention, and of his/her right to make representation thereon. The letter to the employee shall specify a
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period within which such representation may be made and require him/her to acknowledge receipt of such a letter in writing within that period.
Subject to the provisions of paragraph (ii) above a recommendation may be made at any time that a probationary appointment be terminated.
During the employee’s probationary period, information concerning his/her general background and previous employment will be verified by the Human Resources Department from the referees submitted by the candidate. If any information proves to be misrepresented, or the references not entirely satisfactory, this may result in the termination of the individual’s employment.
5.9 STAFF INDUCTION
It’s the policy of the Centre to conduct induction training on joining or as soon as practicable to ensure that new employees have necessary skills and knowledge to perform their roles effectively and familiarizing them with the details of work that they will be performing. The induction will be conducted by the Human Resources Department as stipulated in the induction manual to be developed by the HRD.
A memorandum to all staff giving information about new employees will be circulated under the signature of the Director.
5.10 TRANSFERS AND DEPLOYMENT POLICY
It is a policy of the Centre to transfer and/or re-deploy its employees to any of its departments/branches/divisions in the Centre as the exigencies of service may require.
i. The Centre reserves the right to determine where employees shall be stationed and transfers will therefore be effected whenever a need arises. The employee will be entitled to a relocation allowance or special accommodation allowance as set out in the section for allowances in this manual.
ii. Employees proceeding on transfer are required to fill the “Clearance
Certificate upon Transfer” and submit the form to their Supervisor(s) prior to departure.
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iii. Where an employee is transferred on a temporary basis, such a temporary transfer shall not exceed three months, the employee will be paid an allowance as set out in the section for allowances in this manual.
iv. No Allowance is payable to an employee who has requested for a transfer.
5.11 ACTING APPOINTMENTS
The Director shall on the authority of the Governing Council make Acting Appointments to any position which may fall vacant. This appointment shall be for a period not exceeding six (6) months. (a) Two types of Acting Appointments may be made as circumstances demand,
i.e., Promotional acting Appointment and Short-term Acting Appointment. (b) The Promotional Acting appointment may be made when there is a vacant
or newly established post that has to be filled, but which for some reason or other, cannot be filled substantively immediately.
(c) Short-term Acting Appointment on the other hand may be made to an
employee during the temporary absence of the incumbent. (d) The employee appointed to act shall be the most suitable to perform the
duties of the higher post. The Head of Department shall submit a recommendation of such an employee to the CHRMAO.
(e) Acting Appointments shall only be made in respect of positions set out
below:
(i) Director (ii) Head of Department (iii) Head of Division (iv) Regional Manager (v) Branch Manager (vi) Head of Sections
(f) When an acting appointment has been duly authorized, acting and duty
allowance shall be paid in accordance with Regulation governing allowances.
(g) Acting appointment shall be for a period not exceeding six months and the
acting appointment will be accompanied by an indent to advertise the post to be filled competitively by a substantive appointment of another suitable candidate.
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5.12 STAFF PROMOTIONS
It is the policy of the Centre to promote officers on meritocracy and subject to availability of vacancies.
(i) As far as it will be practicable all job openings in the Centre shall be expeditiously filled by serving employees. The filling of the position shall be carried out competitively. Except where suitable candidates are not available internally it will be sourced from the open market
(ii) Promotional acting appointments to any vacant position in the Centre shall be made by the Director in accordance with this regulations.
(iii) Although the Centre encourages employee training, either self sponsored or sponsored it does not necessarily translate to an automatic promotion.
(iv) A committee will be appointed by the Director to make recommendations on Staff promotions.
5.13 CAREER DEVELOPMENT
The Centre recognizes the need for career development and will encourage employees to improve their knowledge and working skills. The objective of career development will be to better equip them to serve the Centre and build it to its potential. Career development will ensure an internal pool of skilled and competent employees for succession management.
(i) The Centre will provide staff with a conducive environment for personal advancement.
(ii) The Scheme of service will provide guidance for career development for all categories of staff.
(iii) Employees wishing to undertake training related to their jobs or are likely to add value to the Centre as stipulated in the Schemes of service may be considered for assistance.
(iv) Employees wishing to undertake other training not related to their scope of work may do so at their own expense.
5.14 EXIT FROM THE SERVICE
It is the Centre’s policy that employees exiting from the service will be dealt with in a humane and dignified manner.
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(a) Methods of exit shall include the following:-
Resignation
Retirement on Medical grounds
Retirement on age ground
Retirement on re-organization or abolition of office
Dismissal
Death
Retirement on public interest
Expiry of Contact
(i) Resignation An officer serving on Permanent and Pensionable terms of service may resign his/her appointment by giving notice or paying salary in law of notice as indicated below:-
Management staff Three calendar months’ notice or three months’ salary in lieu of notice
Unionisable staff Two calendar month’s notice or two month’s salary in lieu of notice
Contractual Staff As prescribed in respective Contracts. On resignation, an officer is required to refund any outstanding liabilities to the Centre. Any amount due to an officer may be withheld and applied towards any sums due by him. (ii) Retirement on Medical Grounds An employee who is rendered incapable of performing his/her duties on account of mental or physical infirmity may be retired from the service on medical grounds. The retirement will be based on the recommendations of Medical Board appointed by the Director of Medical Service and the Centre.
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(iii) Retirement on Age Grounds
An officer will be required to retire from the service compulsory on attaining the age of 60 years unless the Centre considers that it is in the public interest to retain his service beyond that age and the officer is himself agreeable to continue with the service.
An officer on attaining the age of 50 years may opt to retire any time there after or may be required to retire by the Centre.
An officer will be required to give two months notice to retire under the 50 year rule, and the Centre will give a similar period of notice to any officer whom is intended to apply this provision.
Application from officers to retire under the 50 year rule shall be approved by the Governing Council on the recommendation of the Director.
(iv) Retirement on re-organization or Abolition of office
The Centre may retire any officer from its employment upon re-organisation and abolition of office as shall be prescribed.
Retirement of Unionable Staff under this provision shall be in accordance with the collective bargaining agreement.
(v) Dismissal This will be dealt with as stipulated in the section 13 on General Conduct
and Discipline.
(vi) Death This will be dealt with under the Provisions of Pension Scheme.
(vii) Retirement on Public Interest
The Centre may retire an officer on grounds of public interest if in its opinion the officer’s conduct is detrimental to its operations.
(viii) Expiry of Contract This will be as stipulated in the Contract.
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(b) Exit Interviews All exit interviews will be conducted by the Human Resources Department. The CHRMAO may meet with all separating employees so as to ascertain reason for leaving. The report will be used for identifying causes of concern and correcting them. It will be conducted on the day before final working day. The interview is voluntary, however this is encouraged. (c) Certificate of Service An employee who has separated from employment shall be entitled to receive a certificate of service. The certificate will be signed by the CHRMAO and counter signed by the Director.
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SECTION D
6.0 SALARY AND BENEFITS ADMINISTRATION
6.1 POLICY
It is the policy of the Centre to determine the payment of salary based on Job Evaluation exercise which is carried out from time to time. The key factors to be considered will be knowledge and skills requirements, responsibilities and accountability as well as effort and working conditions. In addition, the Centre will periodically carry out market salary survey in order to determine the competitiveness of its pay and benefit scheme. The overall objective of this policy is to attract, motivate and retain a High caliber human resource.
6.2 SALARY STRUCTURE
The salary structure for the Centre shall be as approved/ or amended from time to time based on Job evaluation and market survey. It will also be based on availability of funds.
6.3 PAYMENT OF SALARIES:
An employee engaged by the Centre will receive full pay from the date he reports for duty at the station stipulated in his letter of appointment, and as subsequently confirmed by his immediate supervisor. Salaries will be paid monthly and will be set out in a pay slip. Provided that any unpaid salary or allowances shall be paid in arrears the following month. An employee’s salary shall be paid locally through his bank account in Kenyan currency. Any employee who changes his bank account shall immediately notify the Head of Department Human Resources and Administration.
6.4 ENTRY POINT:
The entry point of a newly appointed employee shall be the minimum in the salary scale to which he has been appointed. Enhanced entry point shall be considered for direct entrants on a count of approved prior experience and possession of post graduate qualifications as will be specified.
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6.5 SALARY INCREMENT
An employee will be granted a salary increment when due, on fulfillment of the following conditions:-
6.5.1 ANNUAL INCREMENT
An annual salary increment will be pegged on an employee’s performance on the 1st day of the financial year, except for staff with severe disciplinary cases and those who have not completed 12 months in the service of the Centre and have not been confirmed. A salary increment may be granted to an employee who has passed a recognized relevant professional examination from a recognized Institution and has met the performance targets as prescribed in the career guidelines.
6.5.2 INCREMENT ON PROMOTION
(a) When an employee is promoted he shall not be eligible for the
normal annual increment on the new scale until he has served for a minimum period of 12 months.
(b) When an employee is promoted to a position which is one salary
scale above his previous salary scale, and that employee had reached a salary point just below the minimum point on the new scale, the employee shall be awarded two increments on the new scale and shall be eligible for the award of the normal annual increment when due.
(c) An employee promoted to the next salary scale and having reached a
salary point that is equal or above the minimum point on the new scale, shall be awarded three increments above his current salary and will qualify to be awarded the normal annual increment when due on the new scale.
6.6 DATE FOR PAYMENT OF SALARIES:
Payment of salary to employees will be by the last day of each month.
6.7 OVERTIME WORK:
Every employee is required to devout their full time to the business of the Centre. However, union sable employees who may be required to work outside the
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specified period’s overtime shall be payable in accordance with the following criteria:-
(i) For time worked in excess of the normal working hours, overtime will be at one and half (1 1/2) times the normal hourly rate.
(ii) For time worked on the employee’s normal rest day or public holidays, overtime will be two (2) times the normal hourly rate.
(iii) Overtime work must be justified and have prior approval of the Director or an officer authorized by him to act on his behalf.
(iv) Payment for overtime work shall be effected monthly with regular payroll not later than the month following the month in which the overtime work was rendered. Overtime work shall therefore not be treated as lump sum payment.
(v) Management staff will not be eligible for overtime.
6.8 DEDUCTIONS
6.8.1 STATUTORY DEDUCTIONS
The Centre shall recover and remit all statutory deduction as provided for in the various Acts of Parliament.
6.8.2 OTHER DEDUCTIONS
(a) It is imperative upon all employees that they manage their financial affairs
and plan their expenditure within their disposable income. (b) Whereas the Centre has no option but to undertake deductions in
compliance with court orders or any other justifiable reasons, the employee shall be liable to disciplinary proceedings.
(c) The centre shall ensure that an employee’s net monthly income shall not be below a third (1/3) of the employee’s gross salary while effecting deductions.
6.9 SALARY REVIEW
The Centre shall endeavor to review salaries at least every two years for both Management and union sable staff. This will however be subject to availability of funds.
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6.10 ALLOWANCES
While it may be considered that the salary attached to a post represents appropriate remuneration of its holder for proper and efficient performance of duties, there are circumstances in which additional payments are warranted. It is therefore, a policy of the Centre to make such additional payments in the form of allowances, to reimburse an employee for the expenses incurred directly or indirectly in the execution of his/her duties, or to compensate him/her for services demanded over the above normal job requirements. These allowances are temporary and do not attract any superannuation benefits. The allowances covered by this section are classified under two main categories namely remunerative allowances and reimbursable allowances. The following are allowance payable to staff:
House allowance
Acting allowance
Special duty allowance
Aggregation allowance
Hardship allowance
Warm clothing allowance
Entertainment allowance
Subsistence allowance
Out of pocket allowance
Meal Leave allowance
Extraneous Duty Allowance
Non practice allowance
Robe allowance
Research allowance
Responsibility
6.10.1 HOUSE ALLOWANCE
All employees shall be entitled to house allowance as indicated below:-
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Grade Kshs.
“1” 80,000/-
“2” 70,000/-
“3” 60,000/-
“4” 50,000/-
“5” 40,000/-
“6” 35,000/-
“7” 30,000/-
“8” 25,000/-
“9” 20,000/-
“10” 15,000/-
“11” 15,000/-
“12” 15,000/-
6.10.2 ACTING ALLOWANCE
(i) Acting allowance will be payable only if an employee is appointed to act in a post higher than his substantive post and provided that the employee is called upon to perform duties which are separate and distinct from those of his substantive office and that the office in which he is acting demands, or would demand, a higher degree of responsibility. The lowest post in which acting appointment is possible is at the Head of Section level.
(ii) When an employee is appointed to act in a higher position, acting allowance will be paid to him/her at the rate of 15% of his/her substantive salary. In the case of unionisable staff as it is stipulated in the CBA.
(iii) In the case of promotional acting appointment, acting allowance will be paid together with salary for the month when the appointment was made. With regard to short term acting appointment on the other hand, acting allowance is payable when an employee acts in a higher post for a continuous period of not less than 30 days. It is payable retroactively with the salary of the month following the first 30 days, and thereafter with the subsequent monthly salary until he ceases to act.
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(iv) An employee appointed to act on a higher post will be eligible for the duration of his acting appointment, for traveling and accommodation privileges. The employee will also qualify for house allowance or other remunerative allowances assigned to the higher post.
(v) Acting allowance shall not be paid when an officer who has been appointed to act in a higher post is absent from duty for whatever reason for a period of more than 30 days in a month and while on annual leave.
(vi) Any employee called upon to discharge the duties of a higher post, shall be issued with a letter by the Director appointing him to act on that post. He will accordingly be entitled to payment of appropriate acting allowance in line with these regulations.
(vii) No acting appointment on a substantive vacant position shall be made in excess of six months. The Centre will advertise and fill the position competitively within these six months.
6.10.3 SPECIAL DUTY ALLOWANCE
(a) This allowance is payable to an employee who has been appointed by the
Director to assume, in addition to his own duties, other duties of a higher salary scale or at substantive level which are of a separate and distinct nature, which additional duties constitute more responsibilities than his own.
(b) Special duty allowance is also payable when an employee is required to
relinquish his own duties and take over those of a higher post but is disqualified from an acting allowances because of any of the following:-
(i) Lack of required professional qualification.
(ii) Lack of necessary experience.
(iii) Inability to assume the duties of the higher post completely. He can only do so partially.
(c) Special duty allowance will be paid at the rate of 10% of the officer’s
substantive salary. (d) Special duty allowance will not be granted for more than six (6) consecutive months.
During that period arrangements should be made to fill the higher post in substantive capacity.
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6.10.4 AGGREGATION ALLOWANCE
An officer who is in management level is not eligible for overtime, shall be paid an aggregation allowance at the rate of 15% of his basic salary. This allowance will be payable on a monthly basis to an officer who with prior approval of the DIRECTOR works overtime continuously for a period not less than thirty (30) days.
6.10.5 TRANSFER ALLOWANCE
When an officer is transferred from one station to another he/she will be eligible for payment of transfer allowance amounting to one month of his/her basic salary immediately prior to his/her departure to the new station. Transfer allowance will not be paid in the following circumstances:-
(i) Where an employee has applied for transfer to a Station of his/her choice.
(ii) Where an employee is transferred on a temporary basis. Such a temporary transfer shall not exceed three months.
6.10.6 HARDSHIP ALLOWANCE
An employee stationed in any of the under mentioned stations shall be granted hardship allowance:- Mandera, Wajir, Garissa, Marsabit, Maralal, Garsen, Kapenguria, Kabarnet, Nanyuki and any other areas as may be determined by the Government from time to time. Hardship allowance will be paid up to a maximum of Ksh. 15,000/= and a minimum of Ksh. 2000/= and as may be reviewed from time to time. Hardship allowance will not be paid for any continuous period of absence from the specified areas in excess of 30 days. Similarly officers stationed outside specified areas will not qualify for hardship allowance when traveling on duty in those areas except when they spend a continuous period of 30days or more.
6.10.7 WARM CLOTHING ALLOWANCE
(i) A non-accountable warm clothing allowance shall be payable to staff traveling on duty or on training abroad during the periods other than summer. It shall be payable once in three years. Summer is defined as including the months of June, July and August in the northern hemisphere, and December, January, and February in the southern hemisphere.
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(ii) Where an employee proceeds on a long course which is likely to cover seasons other than summer, such an employee shall be entitled to warm clothing allowance, even if the time of departure is summer.
(iii) Warm clothing allowance shall be payable at a flat rate of Kshs.30,000/=.
6.10.8 ENTERTAINMENT ALLOWANCE
Owing to the nature of their duties the officers in managerial positions, NCRC1 to 4, who are called upon to provide hospitality and entertainment will be granted entertainment allowance. The allowance will be paid as approved and/or amended by the Centre from time to time. The following are the rates of entertainment allowance payable:-
Grade Kshs.
“1” 80,000/-
“2” 60,000/-
“3” 50,000/-
“4” 40,000/-
6.10.9 SUBSISTENCE ALLOWANCE
An employee who travels away from his working station to carry out his duties and is required to stay overnight a make his own arrangements for Centre and lodging shall be eligible for payment of subsistence allowance at the rates applicable to his scale, (c) below. This is subject to amendment from time to time. Claims will be based on nights spent away from working station. Subsistence allowance shall be paid at the following rates when an employee is travelling on duty within Kenya:-
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JOB GROUP AND EQUIVALENT
Grade Kshs.
“1” 20,000/=
“2” 17,000/=
“3” 15,000/=
“4” 13,000/=
“5” 12,000/=
“6” 10,000/=
“7” 8,000/=
“8” 8,000/=
“9” 7,500/=
“10” 7,500/=
“11” 7,500/=
“12” 7,500/=
(i) For the purpose of payment of subsistence allowance, the employee shall first apply to travel for duty, by completing the Authority for Duty Travel Form. Upon approval by the relevant officers, an advance subsistence allowance will be paid based on the approved number of nights to be spent, multiplied by the applicable daily rate of the employee travelling.
(ii) An employee may apply for an imprest as an advance subsistence allowance to enable him to travel for duty. When he returns to his duty station, he shall, within 3 days thereof surrender the imprest by filling the travel Expenditure Accounting form.
(iii) In the event that an officer fails to surrender the outstanding imprest the same shall be deducted from his next month’s salary. Under no circumstances will imprest be granted to an officer so long as previous imprest is outstanding.
6.10.10 QUARTER PER DIEM ALLOWANCE
An employee attending training, seminar, conference, workshop or study tour outside Kenya which has been sponsored by an Organization other than the Centre will be paid a non-accountable subsistence allowance to cover any incidental expenses for the first fifteen (15) days at one quarter (¼) of the standard rates.
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6.10.11 SUBSISTENCE ALLOWANCE WHEN TRAVELLING ON DUTY OUTSIDE KENYA
a) An employee who is required to travel on duty outside Kenya will be granted
subsistence allowance at the daily rates as approved by the government. However, the Centre with concurrence of other relevant arms of government may review these rates as and when the need arises.
b) Where the Centre meets the full cost of hotel accommodation and taxes for an employee while on local or overseas training, the Centre shall pay a non- accountable out of pocket allowance at the rate of 25% of the applicable full per diem allowance. Other circumstances requiring such payment will be considered from time to time and shall require approval from the Director.
c) An employee traveling outside Kenya to attend a course of training will be
deemed to be traveling on duty. The Centre will meet the cost of travel.
6.10.12 MEALS ALLOWANCE
When an officer traveling on duty and is not required to spend a night out of duty station, he/she will be eligible for lunch and dinner allowance at 15% and breakfast at 8% of the respective subsistence allowance rates.
6.10.13 SPECIAL ACCOMMODATION ALLOWANCE
Where an employee on first appointment or permanent or temporary transfer or special assignment makes his own private arrangements for Centre and lodging, special accommodation will be paid to him at the following rates:-
Salary Scale Rates per Day Kshs.
Management 10,000/=
Unionisable As per CBA
Special accommodation allowance shall be granted to an employee for a period not exceeding 30 days from the date of his arrival at the new station.
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6.10.14 COMMUTER ALLOWANCE
The allowance assists employees to travel from home to the working place. The allowance payable is as per the following rates:
Grade Rates per month (Kshs)
“1” 7,000/-
“2” 6,000/-
“3” 5,500/-
“4” 5,500/-
“5” 4,500/-
“6” 4,000/-
“7” 3,700/-
“8” 3,200/-
“9” 2,700/-
“10” 2,400/-
“11” 2,200/-
“12” 2,000/-
6.10.15 LEAVE ALLOWANCE
When an employee proceeds on leave, leave allowance entitlement will be as follows:-
SCALE RATE PER ANNUM
GRADE 5 and above
30,000/=
GRADE 6-8 20,000/=
GRADE 9-12 10,000/=
Leave allowance will be paid only once in a financial year, provided that the employee talks not less than half of his leave entitlement for that particular financial year.
6.10.16 EXTRANEOUS DUTY ALLOWANCE
Extraneous allowance is payable to Officers working in certain offices as a way of compensating them for a way of extraneous nature of their duty as they are required to work for long hours during weekdays, weekends and sometimes on public holidays.
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The rates payable are as follows:-
SCALE AMOUNT IN KSH PER MONTH
“1” 10,000/=
“2” - “3” 8,500/=
“4” & “5” 7,000/=
“6” 6,000/=
“7” & Below 4,500/=
6.10.17 NON PRACTICE ALLOWANCE This allowance shall be payable to legal staff working in the Legal Department as indicated below:-
Grade Amount (Kshs)
“1” 40,000/-
“2” 30,000/-
“3” 25,000/-
“4” 25,000/-
“5” 25,000/-
“6” 25,000/-
6.10.18 ROBE ALLOWANCE (p.a)
Grade Amount (Kshs)
“1” 50,000/-
“2” 50,000/-
“3” 50,000/-
“4” 50,000/-
“5” 50,000/-
6.10.19 RESEARCH ALLOWANCE This allowance shall be payable to Research Officers working in the Research Department as indicated below.
Grade Amount (Kshs)
“3” 50,000/-
“4” 40,000/-
“5” 30,000/-
“6” 20,000/-
“7” 20,000/-
“8” 20,000/-
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6.10.20 RESPONSIBILITY ALLOWANCE
Grade Amount (Kshs)
“1” 80,000/-
“2” 60,000/-
“3” 50,000/-
“4” 40,000/-
“5” 30,000/-
“6” 30,000/-
6.11 ADVANCES AND LOANS
The Centre’s policy is to attract, motivate and retain a competent workforce. To realize this, the Centre will offer various staff benefits in the form of advances and loans. The benefits given to the employee will depend on the level, and status of the beneficiary.
6.11.1 SALARY ADVANCE
a) In cases of emergencies when an employee, owing to circumstances beyond
his control, is placed in a difficult financial position requiring assistance from the Centre, the Director may grant a personal advance.
b) Only employees whose appointments have been confirmed will be eligible
for Salary advance. c) A personal advance when granted shall not exceed an employee’s one year
basic salary. d) The Maximum period for the repayment of the advance shall be 12 months.
Interest will be charged at 4% per annum. e) Application for salary advance shall not be approved if after analysis the
monthly deductions together with other statutory deductions other than voluntary deductions amount to more than two thirds (2/3) of the employee’s gross monthly pay. Notwithstanding this limit, the Director may at his discretion approve any advance to staff depending on individual merit of the case.
f) No additional salary advance shall be granted while a previous advance is
outstanding.
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g) An employee with an ongoing disciplinary case will not be granted an advance.
h) The Centre shall take an Insurance Cover to cover the amount of loan and
the premium will be borne by the employee. The sum assured will be used to liquidate the outstanding loan in the event of the death of the borrower.
i) Upon separation, the salary advance will become due and payable in full.
6.11.2 STUDY LOAN
The Centre recognizes the need for staff to continuously improve on their professional growth through further studies. In this regard study Loans will be considered where justifiable. For one to qualify for this loan the course must be approved and be offered by a recognized institution. The application will be channeled through the Head of the Department. The terms and conditions applicable on personal advances in this manual will apply.
6.11.3 STAFF HOUSING LOAN SCHEME
The Centre shall establish a Housing Loan scheme for all employees to assist them acquire suitable housing.
6.11.4 STAFF CAR LOAN SCHEME
The Centre shall establish a Car Loan scheme for all employees to assist them acquire suitable mode of transport.
6.11.5 ADVANCES FOR FURNITURE AND APPLIANCES
(a) An employee who has been confirmed in the service of the Centre may be
granted an advance for the purchase of household furniture and domestic appliances.
(b) The amount of advance shall be subject to a maximum sum equivalent to
one year’s basic salary. (c) The advance will be payable over a maximum period of 36 months at the
interest rate of 4% per annum. (d) Upon separation the Furniture and Appliances Loan will become due and
payable in full.
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(e) No advance shall be granted where the monthly deductions other than
voluntary deductions at the time of application are likely to amount to more than 2/3 of the employee’s monthly gross salary.
6.11.6 AWARDS SCHEME
6.11.6.1 OBJECTIVE The main objective of the scheme is:- (a) To reward employees for devotion and exemplary performance, this may
include outstanding performance in a particular area of the Centre’s operations, gallant service in saving a valuable asset of the Centre or invention of a cost saving device or system for the Centre.
(b) To reward employees for long and faithful service with clean records of
performance. (c) To reward employees on retirement in accordance with service rendered.
These awards will in no way conflict with the retirement benefits. 6.11.6.2 ADMINISTRATION The scheme will be administered by a Committee chaired by the Director consisting of the following:-
(i) The Deputy Director
(ii) Head of Department Human Resources and Administration
(iii) Head of Department- Finance and Accounting
(iv) Head of Department-ICT
(v) Head of Research Department
The Committee will invite nominations for the awards from all Responsibility Centers. 6.11.6.3 THE AWARDS WILL BE AS FOLLOWS:- (a) The awards to be given will be determined by the committee after taking
into consideration exemplary performance, distinguished service rendered to the Centre and any other criteria they may find applicable.
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(b) Employees who have rendered invaluable service to the Centre through hard work, devotion, honesty and faithful service will be paid at rate of Kshs. 1000/= for every year worked as follows:-
Length of Service Award 10 years Kshs.50,000/= 15 years Kshs.75,000/= 20 years Kshs.100,000/= 25 years Kshs.125,000/= 30 years Kshs.150,000/= 35 years Kshs.175,000/= (c) Achievement Award
This will be based on the achievement of targets at unit level and at individual level at every evaluation period. (d) Retirement Staff members who have retired within the year will be awarded a certificate and presented with a gift at the end of year office party. 6.11.6.4 PRESENTATION (a) The awards will be presented by the Director during a convention which
shall be held biannually. (b) The Committee will meet to make its recommendations which shall be
submitted to the Director at least two months before the convention.
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SECTION E
7.0 TRANSPORT AND TRAVEL
7.1 POLICY
The Centre will endeavor to provide official transport to employees whenever their respective duties call for travel. Where official transport is not available, the Centre shall make reimbursement of travel expenses incurred by the employee. Official transport will be provided under the following circumstances:
(i) When traveling on duty
(ii) When traveling on retirement
(iii) When traveling on permanent transfer from one station to another
(iv) When traveling to and from a distant station for the purpose of obtaining medical treatment provided that the required medical attention is not available at the duty station.
7.2 TRAVELLING BY ROAD
7.2.1 TRAVELLING BY PUBLIC MEANS
When traveling by road using public transport, an employee will claim appropriate reimbursement of fares on production of receipts clearly indicating the name of the transport Company, registration number of the vehicle used and the route traveled.
7.2.2 TRAVELLING BY CENTRE VEHICLE
(i) An employee traveling on duty will be granted permission by the authorized officer, to use a Centre vehicle while travelling on duty. Where possible employees should pool and travel in one motor vehicle.
(ii) Centre vehicles are intended for official purposes only, and must not be used for private purposes such as business or pleasure. An employee who makes improper use of a Centre vehicle will render himself liable to severe disciplinary action.
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(iii) Whenever a Centre vehicle is to be used, it is compulsory that the details of the journey be indicated in the Work Ticket. Any driver (or officer for the time being authorized to drive the vehicle) found operating without a Work Ticket properly authorizing the journey in question, or found deviating from the route authorized, or found carrying unauthorized passengers or goods, will be subject to disciplinary action. The Government Vehicle Check Unit is empowered to stop and check any Centre vehicle and prefer charges (where appropriate against the driver/officer).
(iv) Where an employee uses his personal car for official duty, where the use of this facility is considered economical and in the interest of the Centre, shall be paid mileage as per AA rates. Authority must be obtained from the Director prior to the date of travel.
(v) Official vehicles shall be used strictly for official duties. In circumstances of misuse, offenders shall be surcharged in addition to any other disciplinary action which may be taken against them.
7.2.3 TRAVELLING BY TAXI
1. An employee may make use of a taxi service and claim reimbursement of
the cost of taxi fares at standard rates under the following circumstances:
(i) On a duly authorized official duty
(ii) To attend or coming back from a course of training, conference or meeting.
(iii) In circumstances of extreme emergency with no official or suitable public transport available.
(iv) When an employee is required to work late beyond normal working hours with no official or suitable public transport available.
2. An employee who makes use of his own car in the circumstances described
in (1) above, may claim normal duty motor vehicle allowance as per AA rates.
3. Claims for motor vehicle allowance or for reimbursement of taxi fares must
be certified by the employee to the effect that no Centre vehicle was available or that use of public transport was inconvenient.
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7.3 TRAVELLING BY RAIL
When travelling by rail, an employee may be issued with a railway warrant or claim reimbursement of the fare paid for. Entitlement will be as follows:-
Management Staff – first class
Unionisable staff - second class Where transport of the class on which the employee is entitled is not available, the employee will be required to accept transport of another class according to the circumstances of the case.
7.4 TRAVELLING BY AIR
(a) When traveling on duty to another country an employee should normally
travel by air. Air travel within Kenya will require prior approval of the immediate supervisor, where air travel is deemed to be economical, or where saving of time is paramount.
(b) All air bookings for officers will be arranged through the Centre’s travel
agents whenever necessary. When traveling by air, the Director, his Deputy and the Heads of Department shall travel on business class. All other employees shall travel on economy class.
(c) Employees traveling on duty will not be granted excess baggage allowance
unless the excess is required for official purposes.
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SECTION F
8.0 PERFORMANCE MANAGEMENT SYSTEM (PMS)
8.1 POLICY STATEMENT
The Centre recognizes that in order to achieve organizational effectiveness and to effectively deliver on its mandate, it must pursue a management policy that enables it to establish a high performance culture in its employees. This is a culture in which individuals and teams take responsibility for their individual and corporate performance. In pursuit of this policy, the Centre will implement a Performance Management system which ensures that employees’ performance supports the Centre’s strategic aims. This will involve an integrated process that consolidates goal setting, performance appraisal and development into single common systems.
8.2 GUIDING PRINCIPLES & SEQUENCE OF PERFORMANCE MANAGEMENT ACTIVITIES
The implementation of the performance management systems is as detailed in the Centre’s Performance Management manual and is guided by the following principals and implementation modalities: -
8.2.1 GUIDING PRINCIPLES
Employees want direction, freedom to do their work and encouragement, not control. The performance management system will be a collaboration system between the employee and the supervisor – the system will involve couching, counseling, feedback and recognition and will encourage development.
8.2.2 SEQUENCE OF PMS ACTIVITIES
8.2.2.1 PERFORMANCE AGREEMENT Performance agreements (Performance contracts) will define expectations or the results to be achieved and the competencies required to attain them. The agreements will cover the following:
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(a) Objectives and standards of performance (b) results to be achieved defined as targets and standards (c) Performance measures and indicators (d) Performance agreements will be developed and executed at the beginning
of every year. 8.2.2.2 MANAGING PERFORMANCE THROUGHOUT THE YEAR In line with good management practices, performance management will be a continuous process that will involve setting direction, monitoring and measuring performance and taking action accordingly. 8.2.2.3 REVIEWING PERFORMANCE Although Performance management appraisal is a continuous process, it is still necessary to have a formal review. This will be conducted on a quarterly basis during the performance period and will provide necessary and critical information necessary for making crucial decisions on performance. The performance review discussions will provide the means through which the 5 key elements of performance management can be achieved. These include:
(i) Measurement – assessing results against agreed targets and standards
(ii) Feedback – giving people information on how they are performing
(iii) Positive reinforcement – recognizing what has been done well so that it will be done even better in the future.
(iv) Exchange of views – performance review discussions need
(v) To be comprehensive, free and frank in the exchange of views about what has been achieved, what needs to be done to achieve more, what employees think of their work and the manner in which they are guided and managed and their aspirations.
(vi) Agreement on action plans – to be implemented by individuals alone or with the support of their Heads/Supervisors.
8.2.2.4 RATING PERFORMANCE
The Centre will employ a performance rating scale which will indicate the quality of performance or competence achieved or displayed by an employee by selecting the level of the scale that most closely corresponds with the view of the assessor on how well the individual has been performing. The modalities for the use of this scale are detailed in the Performance Management Manual.
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The Director will constitute a performance rating committee to review/vet all performance appraisal results from the various departments
8.2.2.5 REWARDING PERFORMANCE
(i)The improvement of performance is a fundamental part of the continuous process of performance management. The aim will be to maximize high performance. The Centre will implement a performance reward system to recognize and reinforce high performance.
(ii)The reward system will also address the issue of underperformance. This will involve five basic steps including identifying and agreeing on the problem, establishing the reason(s) for the shortfall, deciding and agreeing on the action required, resourcing the action (providing coaching, training, guidance, experience and facilities required) and monitoring and providing feedback.
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SECTION G
9.0 TRAINING AND DEVELOPMENT
9.1. GENERAL POLICY STATEMENT
The Centre recognizes staff training and development as a strategic investment. It is the policy of the Centre to train and develop individual employees and teams to equip them with the skills, knowledge and competences that they require for undertaking current and future tasks. Employee development has a long term focus and involves learning that looks beyond today’s job requirement. The intention is to prepare employees to keep pace with the organization as the Centre changes and grows.
9.2 OBJECTIVES OF TRAINING
To improve Organizational performance of NCRC by facilitating all Employees to improve on their effectiveness in their present jobs.
To assist each Employee to gain competence and skills in preparation for more responsible positions within NCRC and prepare for changing demands and environment.
To ensure sufficiently trained manpower is available to meet the current and future needs of NCRC by identifying those needs and providing appropriate training and development opportunities for all Staff.
9.3 RESPONSIBILITY FOR TRAINING
9.3.1 THE HUMAN RESOURCE DEVELOPMENT
The Human Resource and Administration Department is charged with the overall responsibility for the training and Development function. It will serve as the expert source of training assistance and coordination. The Department will prepare the necessary training materials to be used in formal orientation of new employees and development training of current employees. It will coordinate the training efforts of the various units of the Centre. It also conducts or organizes off-the–job training and coordinates the employee’s career plans and human resource development efforts.
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9.3.2 THE HEADS OF DEPARTMENT
Heads of Department are responsible for providing the necessary technical know-how to new and existing employees, monitoring departmental training needs and conducting or arranging for on-the job training.
9.3.3 RESPONSIBILITY OF THE EMPLOYEE IN TRAINING AND
DEVELOPMENT
The prime responsibility for training & development rests with the individual. The Centre will encourage, support and accord all its employees with an equal opportunity to develop their skills and knowledge to the maximum of their capacity.
9.4 TRAINING AND DEVELOPMENT NEEDS ASSESSMENT
The Human Resource Department will periodically carry out Training and Development needs assessment to establish whether a gap exists between the skills required and the skills that exist within the Centre.
9.5 CATEGORIES OF TRAINING
9.6 SPONSORSHIP
9.6.1 BY THE CENTRE
(i) The extent to which training and development, especially educational and
professional development that can be supported by NCRC will depend on a number of factors including:
The relevance of training in achieving the Centre’s Strategic and operational plans;
Direct and indirect financial cost to NCRC;
Availability of funds in the training and development budget;
The amount of development support that is reasonable for any one member of staff to be undertaken in a given period.
Emphasis will be given to short-term courses
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(ii) Employees from all cadres who have been confirmed in their appointment and have rendered satisfactory service to the Centre may be considered for training. Once sponsored, they will be required to sign a service bond prior to commencement of training.
(iii) For budgetary purposes and in order to distribute equitably the sponsorship
benefits, the number of employees that may be sponsored by the Centre shall be limited to the following percentage of the Centre’s workforce at any given time, the total to be distributed pro rata among all departments
Full time sponsorship - 1% Part-time sponsorship - 3% Correspondence sponsorship - 3% (iv) This will be subject to revision from time to time depending on the
functional needs of the Centre. (v) Emphasis will be on part-time and correspondence sponsorship.
9.6.2 BY OTHER INSTITUTIONS
The Centre will endeavor to support employees to undertake personal professional and educational development activities sponsored by other institutions. The support will be in the form of study and examination leave and will depend on a number of factors including the following:
the relevance of the educational/professional development need to achieving the Centre’s Strategic and operational plans;
indirect costs
Exigencies of duty.
Where an employee is on a government or any other institution full-time sponsorship they will be entitled to 80% of their salary during the period of study.
9.6.3 SELF
The Centre will endeavor to support employees to undertake personal professional and educational development activities where they sponsor themselves. The support will be in the form of study and examination leave and will depend on a number of factors including the following:
The relevance of the educational/professional development need to achieving the Centre’s Strategic and operational plans;
indirect costs
Exigencies of duty
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The Centre shall equip the NCRC Resource Centre with the relevant books and materials in reasonable numbers to facilitate references. The Centre will also partner with other resources centers.
9.7 BONDING
(i) All employees sponsored for a course of training locally or abroad which is six months and above will be required to sign a service bond, prior to leaving for his course of training. This however does not apply to those who are sponsored to attend conferences, seminars, workshops and study tours.
(ii) For courses lasting for 6 -12 months bonding period will be 2 years
(iii) While in excess of one year bonding period will be 3 years
(iv) The Service Bond period commences from the date of completion of the studies.
(v) In the case of default over the service bond, legal action will be taken against the defaulting employee and his/her sureties to make good the bond amount to be repaid on the unexpired period on pro rata basis.
(vi) The amount of bond shall be equal to the amount incurred by the Centre in costs for the particular course.
9.8 Methods of Training
As a policy, the Centre will employ various methods of training including the following:
9.8.1 ON-THE-JOB TRAINING
The Centre will endeavor to increase the knowledge and skills of the Employees in order to increase their performance. The Employees will be trained on the correct methods of performing their duties, all aimed at reducing waste and inefficiency in performance of their duties.
9.8.2 OFF-THE-JOB TRAINING
All the Employees will be trained in the new methods and techniques, as it is realized with passage of time some skills may become obsolete. Therefore short term refresher courses will be organized by the Centre to help the Employees cope with the rapid changes in technology and work methods.
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9.8.3 INTERNSHIP AND ATTACHMENT
The Centre shall consider providing practical training attachment opportunities for students or interns from Universities and Tertiary Institutions to undergo specific periods of attachments. Interns on practical attachment shall be expected to adhere to all rules and regulations of the Centre The attachment period will be for a maximum period of not more than twelve (12) weeks.
9.9 Training Evaluation
The Centre recognizes that training and development of employees has a budgetary implication. There will therefore be a need to evaluate it impact on performance in order to establish whether the cost incurred was justifiable. All training and development will therefore be evaluated. Among the training outcomes to be evaluated are:
Reaction to the programs by the employees
Learning of the principles, skills and facts of the training or development
Behavioral change resulting from the training program
What final results were achieved against objectives set for the training
9.10 SKILLS INVENTORY
The NCRC will maintain an up-to-date skills inventory of the Employees. The Human Resource and Administration Department will be responsible for maintaining the skills inventory. The Inventory will be circulated annually to Departmental Heads.
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SECTION H
10.0 LEAVE ADMINISTRATION
10.1 POLICY
It is the policy of the Centre to grant employees leave to recuperate and renew their energies in order to improve efficiency. Every employee has a right of taking leave within the financial year with full pay. Leave is however subject to exigencies of duty. Leave will in normal circumstances not be commuted for cash.
10.2 CATEGORIES OF LEAVE:
For the purpose of leave administration, leave will normally fall under the following categories:-
Annual leave
Public Holidays and Gazetted Religious Holidays
Emergency leave
Compassionate leave
Study leave
Examination leave
Disembarkation leave
Maternity leave
Paternity leave
Sick/Convalescent leave
Special terminal leave
Compulsory leave
10.2.1 ANNUAL LEAVE
This is normal leave taken within a financial year and approved as stipulated in (g) below. When taken it will exclude Saturdays, Sundays and Public Holidays. Leave entitlements are as follows:-
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Salary Scale Days per Financial Year Management staff 30 days Unionisable staff 28 days (subject to CBA)
(i) An employee serving in a designated hardship area as per Regulation D.7 (a) shall be granted additional 6 working days leave for traveling arrangements.
(ii) The leave year for the Centre shall coincide with the Financial Year which is 1st July to 30th June. Calculation of leave earned will therefore be on months completed during this period.
(iii) A newly appointed employee shall be granted Annual leave after confirmation in service. Temporary and Casual staff are not eligible for any leave.
(iv) Leave earned shall be taken within the Financial Year in which it was earned. Where a staff member cannot take his/her annual leave due to exigencies of duty, the Centre may authorize not more than half of leave entitlement to be carried forward to the next financial year. Such leave shall be utilized within the first three months of the ensuing year or be forfeited. However, a newly appointed employee who has been in service of the Centre for less than 6 months at the expiry of the Financial Year shall be permitted to carry forward the earned leave days to the next Financial Year.
(v) To avoid disruption of work schedules, Departments will be required to prepare leave roasters and submit the copies to the Head of Department Human Resources and Administration for administration purposes.
(vi) Employees are required to submit application of their leave on the appropriate form, through their respective supervisors, not less than one month (30 days) prior to commencement of leave, and must not proceed on leave before approval has been granted.
(vii) Approval of leave shall be granted as follows:- Approving Officer Staff Category
(i) Director - Deputy Director and Departmental Heads
(ii) Heads of Department - Divisional Heads
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(iii) Divisional Heads - Other Staff
(iv) Branch Heads - Branch Office Staff In the event of an employee’s appointment being terminated by the Centre, or in the event of an employee resigning his appointment, any balance of leave entitlement shall be commuted to cash and paid together with terminal dues. If the exigencies of the service so require, an employee who has been granted leave may be recalled to duty before its expiry, the unspent leave will in such a case, be deferred to the next leave year. Leave once approved should be taken in its entirety.
10.2.2 PUBLIC HOLIDAYS AND GAZETTED RELIGIOUS HOLIDAYS
(a) New Year’s Day 1st January Good Friday) as occurring Easter Monday) as occurring Labour Day 1st May Madaraka Day 1st June Moi Day 10th October Kenyatta Day 20th October Jamuhuri Day 12th December Christmas Day 25th December Boxing Day 26th December Idd-Ul-Fitr As announced by the Government Idd-Ul-Haj As announced by the Government
a. This provision will cover any other day proclaimed to be public holiday by the Government.
b. When a gazetted holiday falls on a Sunday, the following day will be
observed as a holiday.
c. Leave for the purpose of observing other religious holidays may be granted to an employee subject to the exigencies of duty and will be deducted from annual leave due. If the employee has no such leave due, such leave will be recovered from next year’s leave.
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10.2.3 EMERGENCY LEAVE
An employee may be granted this leave when he is faced with unusual circumstances. This leave will be granted upon justification by the applicant and shall not exceed 5 days at a time.
10.2.4 COMPASSIONATE LEAVE
Where an employee has exhausted his leave days within the year, he can be granted compassionate leave of up to 5 days, under exceptional circumstances, e.g. attending funeral, seriously ill or hospitalized relative, matters relating to schooling of children, or emergency cases such as court attendance, or any other exigency of similar nature. This will be recovered from annual leave when earned.
10.2.5 STUDY LEAVE WITHOUT PAY
The Director may grant study leave without pay to an employee upon application, subject to the following terms and conditions:- a. The employee has served the Centre continuously for at least two years.
b. The performance of the employee has been consistently satisfactory.
c. The study leave does not exceed 12 months.
d. The course of study is approved by the Director but the employee will meet
the costs of the course. The training should also fit within the overall training strategy of the Centre.
e. The employee’s salary and benefits do not apply, and are deemed to be
suspended for the duration of the study leave. The employee will be expected to remit payment to their pension account to avoid loss of benefits during the period of absence.
f. The employee will not lose his security and continuity of service, and will
continue to be retained in the roster of employees for the duration of the study leave.
Any of these conditions may be varied from time to time depending on the merits of each case.
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10.2.6 EXAMINATION LEAVE
(i) An employee sitting for a recognized and approved examination shall be granted 5 working days leave to prepare for the same. In addition employees will be granted leave for the actual exam days based on the timetable. However where the examination is spread over longer period employees will be expected to be on duty on the days when there are no examinations.
(ii) Where an employee will be required to re-sit for an exam, leave will only be granted once.
(iii) Any employee granted leave under (a) above shall be required to submit the exam results.
10.2.7 DISEMBARKATION LEAVE
A sponsored employee returning from training, studies, or official trips abroad lasting 3 months and more, shall be entitled to two calendar weeks disembarkation leave from the date of his arrival in Kenya. During this period the employee should prepare his report on the training/study or trip.
10.2.8 MATERNITY AND PATERNITY LEAVE
Female members of staff will be entitled to maternity leave with full pay for a maximum period of three months, i.e. 90 calendar days. This will be exclusive of the normal annual leave and will be taken separately. Male employees will be entitled to two weeks paternity leave with full pay subject to production of documentary evidence.
10.2.9 SPECIAL TERMINAL LEAVE
An employee proceeding on retirement will be granted special terminal leave of three calendar months with full pay, in addition to earned annual leave up to the date of departure. This leave shall run concurrently with the notice of separation.
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10.2.10 SICK/CONVALESCENCE LEAVE
(a) If an employee falls sick and is unable to attend to his duties, he will report
to his immediate supervisor or arrange for him to be informed. The supervisor may release the officer upto a period of 24 hours without the necessity of the officer having to produce a doctor’s certificate.
(b) An employee who on account of sickness is absent from duty for a period
exceeding 24 hours must produce a medical certificate from his doctor or an accredited medical officer giving details of his absence from duty. If the medical officer considers extension of the period of absence, it shall be the employee’s responsibility to arrange for submission of further report.
(c) If an employee fails to submit a medical certificate as provided in
paragraph (b) above he will be treated as being absent from duty and will not be entitled to salary for that period of absence.
(d) An employee who is absent from duty owing to illness not caused by his
own neglect or misconduct, and who has complied with clause (b) and (c) above, will be eligible for sick leave as follows:-
(i) An employee who due to sickness is absent from duty will receive his full gross salary for three months. After three month’s absence, he shall be placed on half the gross salary only for a further period of three months.
(ii) In the case of sickness resulting from work connected accident, an employee shall receive full gross salary for six months and half the gross salary only for a further period of three (3) months.
(iii) If after five months it appears unlikely that the employee on sick leave will be fit to resume duty during the sixth month of his sick leave, then the Director will arrange for a Medical Governing Council consisting of the officer’s medical doctor, if any, or doctors selected by the Director to submit a report with their recommendations of the officer’s fitness for further service with the Centre. The report shall be placed before the Governing Council within the sixth month of the sick leave and the decision of the Governing Council, which shall be final, will be conveyed to the employee as soon as possible after the Governing Council has met.
(iv) An employee on probationary terms of employment who due to sickness is absent from duty will receive full gross salary only for one month from the date he was first absent from duty. If upon the expiry of one month’s absence the officer is still unable through continued sickness to resume duty, the Director may at his absolute discretion determine the officer’s further service. The Director at his sole discretion may
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reappoint the employee if he recovers within six (6) months from the date of separation under this regulation. Such re-employment will be considered as a break in service from the date of the sick leave.
(v) In all cases, the allowed period of sickness with full or half gross salary will be after an interval of three years.
(vi) An extension of leave abroad on the grounds of ill-health may on application be granted by the Director to an employee on the recommendation of an accredited medical doctor in the country in which the leave is spent.
(vii) In cases where the leave granted under (e) above exceeds one month, the employee will, one month from the commencement of such leave, and thereafter at monthly intervals, present himself to the medical doctor, on whose recommendation the leave was granted, who will make a report on the employee’s further medical examinations as he considers necessary.
(viii) In the case of absence from duty as a result of accident sustained while on duty and not due to the employee’s willful misconduct or neglect, full salary shall be allowed for the full period of the employee’s absence from duty, and sick leave resulting there from will not be taken into account for normal sick leave purpose subject to a maximum of 104 weeks as per the existing Centre Insurance Policies.
10.2.11 COMMUTATION OF LEAVE
As a matter of policy commutation of leave for cash is not permitted unless prior authority to defer was sought from the Director through the Head of Department.
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SECTION J
11.0 MEDICAL BENEFITS
11.1 POLICY STATEMENT
The Centre recognizes that a healthy workforce is an asset to the organization. In this regard it is a policy of the Centre to provide a medical cover to its employees. In pursuit of this policy the Centre will implement a medical insurance scheme as well as Group Personal Accident Insurance Cover.
11.2 MEDICAL INSURANCE SCHEME
There will be established a medical insurance scheme to cover staff and immediate family members for both inpatient and out-patient medical services.
11.2.1 SALIENT FEATURES
11.2.1.1 Eligibility The scheme will cover one employee, spouse and four children less than 21 years. 11.2.1.2 Premiums The Centre will remit the full premium 11.2.1.3 Benefits The benefits are for out-patient and in-patient The details of the of this scheme are contained in the Medical Insurance cover
11.3 GROUP LIFE AND PERSONAL ACCIDENT INSURANCE COVER
There will be established a group life and personal accident insurance cover for all employees, against death and accidents which may occur anytime, anywhere whether in course of duty or not. Supervisors must ensure that all accidents occurring among their staff are promptly reported to the Director, and medical expenses incurred submitted separately, i.e. exclusive of the normal Centre medical benefits for settlement by the insurance company.
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SECTION K
12.0 INDUSTRIAL RELATIONS POLICY
12.1 POLICY STATEMENT
Successful industrial relations underpin business growth through effective employee performance. It is therefore the policy of the Centre to safeguard and protect the interest of its workers and engage them through participatory process to create the most conducive work environment. The objective of this policy is to provide a platform for negotiation, setting of rules and procedures for collective bargaining, handling disputes and regulating employment. This will foster partnership and build trust between the players in determining the best working environment and in resolving of potential problems and conflicts and therefore achieve industrial peace.
12.1.1 SUPPORT OF STAFF CO-EXISTENCE
The Centre is committed to ensuring that staff co-exists harmoniously and that any differences arising in the course of their work are resolved amicably.
12.1.2 RECOGNITION OF TRADE UNION AND RESOLVING OF DISPUTES
The Centre shall enter into negotiations and handle employee’s grievances with a registered trade union representing its employees through the established industrial relations mechanism.
12.1.3 COLLECTIVE BARGAINING AGREEMENT (CBA)
Where there is a conflict between the CBA and the staff rules and regulations manual in the process of resolving disputes, the latter shall prevail.
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12.1.4 RESPECT FOR MUTUAL NEGOTIATION IN RESOLVING DISPUTES
The Centre recognizes and respect negotiation as the most fundamental means of mutually agreeing on the most acceptable terms and conditions of service as well as resolving disputes. Any disagreement that may arise beyond this level in the negotiation process may be disposed of under the Labour Relations Act.
12.1.5 TRIPARTITE APPROACH OF RESOLVING CONFLICTS
The Centre will freely negotiate Collective Bargaining Agreements in the spirit of tripartite as provided for in the Industrial Relations Charter and the relevant International Labour Organizations (ILO)’s conventions. The parties are Federation of Kenya Employers for employers, Ministry of Labour for the Government and Trade Union for workers.
12.2 GRIEVANCE HANDLING PROCEDURE
12.2.1 POLICY GUIDE
It is a policy requirement that employees are given a fair hearing on any grievance that may arise out of their employment with the Centre and are entitled to appeal to higher levels of management if they feel that their grievance has not been addressed satisfactorily. In resolving grievances the following procedure will be followed:-
Grievances will be resolved at the point of origin as much as possible.
Grievances should be addressed as expeditiously as possible.
The supervisor should take the lead in resolving any conflict brought to his attention by the employee. The employee should also be counseled.
Officers dealing with the grievance should empathize and handle the issue objectively and in a fair manner.
12.2.2 SPECIFIC GRIEVANCE HANDLING PROCEDURES
(i) Whenever a dispute arises at the workplace, the employee(s) shall be required to promptly report and formally discuss with immediate supervisor within the framework of the Centre’s rules and regulations. This will be handled immediately.
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(ii) If the supervisor is the cause of the employee’s problem or the employee is not satisfied with the response from the immediate supervisor, he may in writing report his case to the shop-steward and communicate the same to the next higher level supervisor and also inform the Head of Department Human Resources and Administration accordingly.
(iii) If the matter is not mutually resolved, the employee shall refer in writing the dispute to the Head of Department Human Resources and Administration who shall be under obligation to resolve the dispute as soon as possible and not later than fourteen (14) days of the receipt of the grievance.
(iv) If the matter is not mutually resolved, the employee shall refer in writing the dispute directly to the Director who shall be under obligation to resolve it within fourteen (14) days.
(v) If the matter from the point of view of Director warrants further investigations and reference to the Disciplinary Committee, the resolutions to the grievance should be concluded within 30 days. The recommendations shall be submitted to the Director who will consider all facts presented including hearing the aggrieved person(s) where necessary and take the final decision within 7 days of receipt of the committee recommendations.
12.2.3 APPEALS
(i) The appeals should be handled at the Governing Council level consisting of three members workers.
(ii) Employees have the right to appeal from the decision of the Director to the Governing Council, within 14 days of receipt of the final decision. If the employee does not appeal against the disciplinary action imposed by the Management within this established time limits, the matter shall be deemed settled.
12.2.4 IMPORTANT PROVISIONS
Officers dealing with the grievance shall keep a record of all proceedings and shall ensure that they are maintained in strict confidence.
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SECTION L
13.0 GENERAL CONDUCT AND DISCIPLINE
13.1 CODE OF CONDUCT AND ETHICS
This code of conduct shall govern the behaviour of employees of the Centre and is subject to the provisions of the public officer’s ethics act. The basic premise of the Centre’s Code of Conduct and Ethics is that employees have a basic duty to maintain the highest standard of discipline and ethics so as to give the organisation dignity, respect and good image in the eyes of the public. All members of staff are expected to portray high standards of professionalism, honesty, dignity and integrity. Employees should uphold the vision and mission of the Centre, be courteous, obliging and endeavour to give correct and timely information to the Centre’s customers. Accordingly, employees of the Centre must strive to adhere to the following rules and regulations:
13.2 EMPLOYEES’ LOYALTY TO NCRC
Employees are expected to be loyal to NCRC at all times while in employment. Where an activity or assignment may be in conflict with NCRC interests, the Employee will refrain from such activities. Where Employees are unclear about possible conflicts, they should approach their respective Head of Department or the Director for clarification.
13.3 CONDUCT TOWARDS THE PUBLIC
All Employees shall be expected to be courteous and civil when dealing with the public and the customers
All Employees are expected to give correct information in connection with their duties
Any communication received from a Member of the Public must be dealt with expeditiously and courteously.
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13.4 RELEASE/DISCLOSURE OF INFORMATION TO THIRD PARTIES
All NCRC Staff will sign the Official Secrets Act – on appointment and when leaving service. An Employee must not disclose any information concerning NCRC or its Employees, or release any official document to unauthorized person not connected to NCRC, unless he is required to do so in the course of duty and such disclosure must be authorized by the Director. A person who contravenes the above provision shall be liable to summary dismissal and/or prosecution.
13.5 PROTECTION OF NCRC’S PROPERTY AND INTEREST
Employees are expected to protect the interests of NCRC at all times and should not cause damage to property or the reputation of the organization. Employees should also avoid any action that may be seen to be undesirable, or bring the Organization, or its name, into disrepute. Where damage is caused by carelessness, negligence or malicious acts, the employee will be held liable, and will meet the cost of damage, as determined by the Director, in keeping with the disciplinary policy.
13.6 GIFTS AND OTHER BENEFITS
NCRC strongly discourages Employees and their immediate families from accepting or soliciting for gifts, payments, loans, services, entertainment (apart from normal occasional social meals / drinks) from representatives of any organizations seeking to do business with NCRC. Where a gift cannot be refused without causing offence, the item will be passed to the Director who will decide on its disposal. 13.7 RULES OF CONDUCT In addition all employees will be expected to adhere to the following rules and regulations:
(i) Be honest, courteous and transparent in conducting Centre’s business and especially in relation to one another, clients, suppliers, Government and general public.
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(ii) Show commitment and dedication to work and avoid time wasting during working hours by engaging in unofficial activities.
(iii) Taking into account the diversity of the Centre’s employees in terms of religion, socio-cultural orientations, and ethnic backgrounds, it behoves upon every employee to make every effort to create harmony and peaceful co-existence. The use of national languages is imperative in this case.
(iv) Be neat, well groomed and properly dressed during working hours. The Centre emphasizes the following standard of dressing :
Female employees: Dresses/skirts/blouses/trousers, the Centre’s branded T-shirts and caps on Fridays are appropriate or as directed by the Management.
Male employees – formal attires including suits, shirts and neckties while in office during working hours. Centre’s branded T-shirts and caps are allowed on Fridays or as directed by the Management
In both instances, jeans and informal leisure jackets are not allowed. Inappropriate dressing will not be allowed.
(v) Be responsible for accuracy of all personal claims made by them under the Centre’s policy.
(vi) Supervisor or any other members of staff will not take advantage of their positions to harass or instil fear in their subordinates.
(vii) Supervisor or any other member of staff will not practise bias, prejudice or malice in their treatment of subordinates especially on matters relating to performance evaluation, discipline, salary increments, bonus, or other benefits and sanctions.
(viii) Supervisor or any other member of staff shall not exercise undue pressure to persuade their subordinates to support incorrect viewpoints, sign false or misleading documents or carry out any unethical action.
(ix) Members of Staff shall be obliged to correct colleagues behaving in unethical ways and report any behaviour(s) that is in conflict with this code of conduct. However positive and constructive criticism should not be suppressed.
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(x) Union sable employees should not take advantage of their collective bargaining position to engage in unreasonable industrial action but shall join Management in a commitment to improve productivity.
(xi) No member of staff will be threatened or victimised for reporting or exposing an improper act or a violation of ethics even if he bypasses the formal chain of command.
(xii) All employees will adhere to established working hours.
(xiii) An employee shall not absent himself/herself from duty without lawful authority.
(xiv) Shall comply with all lawful instructions given in the course of duty.
(xv) Shall exercise professionalism and due diligence in the discharge of duties and responsibilities.
(xvi) Shall exhibit courtesy and respect when handling colleagues, customers and members of the public.
(xvii) Shall not place himself/herself in a situation of conflict of interest.
(xviii) Shall not engage in financial malpractices.
(xix) Shall not engage in corrupt practices.
(xx) Shall not give false information.
(xxi) Shall not use his/her office for personal gain.
(xxii) Shall adhere to the rule of law in the discharge of duties and responsibility.
(xxiii) Shall not engage in sexual harassment.
(xxiv) Shall not be in a state of intoxication in the course of duty.
(xxv) Shall fully devote his/her time to the employment of the Centre and shall not at the same time engage in any other employment elsewhere.
13.2 RULES AND REGULATIONS
An employee may be disciplined by the Centre if he commits an offence listed under these regulations. It is the duty and responsibility of various levels of supervisors, and the Director to apply the terms of these regulations in disciplining those who commit the following offences:
1. Fails to observe punctuality at place of work, report to work on due date and on time without any valid reason.
2. Absence from the offices of the Centre, or any other proper place
appointed by the Centre for carrying out and performance of the employee’s duties, without leave or reasonable cause.
3. Fails, defies, rebels, disobeys to comply, and execute properly any valid
order given to him by the Director or an officer duly authorized by the Director.
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4. Wilfully neglects to perform any work which was his duty to have
performed or if he carelessly and improperly performs any work which from its nature was his duty to have performed carefully and properly.
5. Uses deliberate or willful insulting language to other members of staff,
customers or members of the public or misbehaves or conducts himself in a manner that might be interpreted as insulting to the Centre, or persons placed in authority over him, or any other person carrying out duties on behalf of the Centre.
6. Renders himself unfit for the proper performance of work by becoming
intoxicated while on duty or coming to the offices while in a state of intoxication.
7. Fails to keep and treat the business of the Centre and all information
coming to hand and confidential in terms of having come to his knowledge while an employee of the Centre.
8. Fails to declare to the Director his business interests, particularly where
companies, partnerships or associations in which he holds interest, does business of whatsoever nature with the Centre.
9. Pays or authorizes the payment by the Centre of, any bill to himself or
on behalf of any person, group of persons, company, or partnerships in which or wherein, he holds pecuniary interests.
10. Is involved in activities that may constitute offences of:-
11. Misappropriation or embezzlement of Centre funds.
12. Corrupt practices, receipt or solicitation of gifts contrary to the terms of
Public Officer Ethics Act, rewards, fees or commissions, by himself or members of his family.
13. Making or uttering false statement in a matter in which he is required by
the Director, or a duly authorized officer, to furnish information. 14. Deliberately, willfully or negligently intends to, or causes improper
payment out of Centre funds. 15. Converting of Centre funds, vehicles, other assets and resources to
unauthorized personal use.
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16. Associating with parties through which, or whereby the Centre loses funds or assets, as a result of improper documentation, either by self or through third party, or through fraudulent documentation.
17. Purchases or bids to purchase, or causes to be purchased, property
offered for sale by public auction or private treaty, arising from a foreclosure action instituted by the Centre, by or through himself, or members of his family, any person or group of persons, company or partnerships, in which he has interests of whatever nature. Provided that, an employee, if so authorized by the Director, may bid and purchase property so offered for sale on behalf of the Centre.
18. Incites other employees to violence and/or disaffection. 19. Is convicted of a criminal offence other than a minor traffic offence. 20. Conducts himself in a manner not acceptable to the Centre or not in
keeping with its good image and reputation, or bringing the Centre into ridicule.
21. Issuing bouncing cheque(s) to the Centre. 22. Failure to surrender/account for imprest or per diem within 72 hours. 23. Failure to submit medical sick-off chit within 48 hours. 24. Hawking goods and wares within the Centre premises. 25. Fails to comply with any written laws of Kenya. 26. In the lawful exercise of any power of arrest given by under any written
law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within ten days either released on bail or bond or otherwise lawfully set at liberty.
27. Soliciting for rewards/bribes before, during and after performance of duty.
28. Removing any documents from official files without proper authorization. 29. Engaging in behaviour/activities that may be construed as sexual
harassment of co-workers. 30. Phone tapping/listening into a telephone conversation will not be
permitted, as it constitutes an invasion of privacy.
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31. Engages in trade or accepts other paid employment to the extent that he/she cannot perform his duties.
32. Pecuniary embarrassed to an extent of not being able to perform his/her
duties effectively. 33. Indebtedness to outsiders as well as other staff members causing
embarrassment to the centre. 34. Fights, assaults or engages in riotous, disorderly, inappropriate or
immoral behaviour in the Centre’s premises. 35. Abuse of authority for purpose of benefiting friends and relatives. 36. Malingering (idling at the place of work). 37. Any other offence that may be stipulated by the Centre and
communicated through Staff Circulars or any other from the Government that may be issued from time to time.
13.3 Disciplinary Procedures
13.3.1 Policy Statement
The Centre is charged with an important public duty, and its commitment must remain satisfactory and efficient service to customers. Such service is not possible without self-disciplined staff, of exemplary conduct and integrity. In this respect, every employee shall abide by the provisions of these regulations, and particularly as amplified in this section. Depending on the seriousness of the offence committed, it will be incumbent upon all persons in the Centre charged with the responsibility of supervising the work of others, to familiarize themselves with the due process of disciplining employees who commit offences. In this regard, all such cases shall be treated fairly and justly, and the employee given a fair hearing to respond to charges brought against him. The following approach shall be adapted when dealing with cases of indiscipline:
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13.3.2 Conduct a preliminary investigation
The investigation is meant to establish the cause of unsatisfactory conduct. When an employee is deemed to have committed an offence in terms of the provisions of these regulations, his immediate supervisor shall institute an investigation, taking into account whether the employee is a habitual offender or a first offender, or whether there were extenuating circumstances that occasioned the commission of such an offence. In all cases the supervisor shall desist from taking a hasty action not based on the true facts of the case.
13.3.3 Conduct a discussion/counseling session.
A discussion session does establish the reasons behind the undesirable behavior in question. The supervisor’s main objective of the discussion with the employee who has breached the rules is to help him improve on the noted undesirable conduct or meeting the established job standards. The supervisor shall in such cases refrain completely from use of abusive, scolding, or intemperate language. If the discussion/counseling is not enough to change the attitude and behavior of the employee, the supervisor shall resort to the next disciplinary action.
13.3.4 WARNING
(a) If an employee is deemed to be guilty of committing an offence not
amounting to a serious misconduct, he shall be given a written warning which must be acknowledged by the employee and a copy, duly signed shall be filed in the employee’s personal file.
(b) If an employee is served with a total of three warnings as described in
paragraph (a) above within a period of less than 365 consecutive days between the warnings, he shall be subject to summary dismissal on commission of any new offence within the period. This shall however not apply in cases of gross misconduct where Management shall dismiss the employee instantly.
(c) Each individual warning will be null and void from the employee’s records
upon expiry of 365 consecutive days, provided that the employee does not commit an offence during this period. The past records will however remain in the employee’s personal records as a source of information on the employee’s disciplinary history.
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13.3.5 Recommendation of Penalties
This cause of action is to be undertaken through the established channels, if the case warrants the issuance of warning letters or other higher penalties.
13.3.6 Procedure for Discipline of Serious Offences
(i) All cases of major indiscipline shall be reported through the Head of Department to the Human Resources Department in writing.
(ii) In cases where the offence was committed in the presence of eye witnesses, written accounts shall be sought from those who witnessed the incident after which a show cause letter shall be written to the officer in question and he/she will be given seven (7) working days to reply upon receipt of the letter.
(iii) The Director will convene a Disciplinary Committee meeting once the Officer’s response is received. The officer will be required to appear before the Committee wherein such officer is entitled to engage a legal counsel of his/her choice at any stage of disciplinary process. This will be done within four weeks from the date of receipt of the response by the Officer.
(iv) The Disciplinary Committee will then give its recommendations to the Director who will then make a final decision on the case.
(v) The Director has authority to dismiss officers other than Heads of Departments and notify the Governing Council at its next sitting.
(vi) Cases of disciplinary action against of Heads of Departments will be handled by the Governing Council.
(vii) The officers will be informed of the decision of the Director and the appropriate action taken.
(viii) Where investigations have been completed and no further action is contemplated the suspension shall be lifted and a letter of reinstatement communicated to him. On the reinstatement the employee shall be paid the salary withheld.
(ix) The Director shall sign all letters of dismissals, termination, suspensions, interdiction, and forfeiture of appointments.
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13.3.7 Composition of disciplinary committee
The Disciplinary Committee will be composed of Heads of Departments as Members and shall be chaired by the Head of Department Human Resources and Administration.
13.3.8 Appeals Committee
(i) An employee who has been aggrieved by any punishment which he considers unfair has the right to appeal to the Appeals Committee as constituted by the Director for staff except, Heads of Departments which will be constituted by the Governing Council.
(ii) Grounds of appeal will be based on the facts of the case and/or the level of the disciplinary action taken. All appeals will be submitted strictly within 14 days from the date of receipt of communication of punishment, to the office of the Head of Department Human Resources and Administration who will in turn channel them to the Appeals committee for appraisal.
(iii) Appeals by members of staff will be made directly to the Director.
(iv) An employee under this regulation shall be required to appear in person before the Committee to defend his case. Union sable employees may be accompanied by a fellow employee of their choice and a representative of the Staff Union. Management staff appealing against dismissal should appear before the Governing Council. The officer who initiated the case shall be required to appear in person where necessary to present the facts of the case before the Appeals Committee or the Governing Council.
(v) At any stage during hearing either party has a right to a brief adjournment on request.
(vi) An employee shall be entitled to only one appeal against any specific disciplinary action taken against him.
(vii) Where disciplinary action is considered or withdrawn on appeal no reference will be made to the case in future.
(viii) The result of any appeal under this regulation will be conveyed to the employee concerned within 60 days from the date of receipt of the appeal application.
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(ix) Notwithstanding the provisions under this disciplinary procedure, the rights of an employee under disciplinary action will not be deferred or suspended pending an appeal.
13.4 Forms of Punishment
The following punishments may be meted out to an employee as a result of proceedings under these regulations:-
Dismissal
Reprimand
Surcharge
Reduction in rank
Deferment of annual increment
Withholding of annual increment
Retirement in public interest
13.4.1 REPRIMAND
When an employee has failed to respond positively to the discussion/counseling, then a verbal caution or reprimand shall be issued by the immediate supervisor. This shall be conveyed to the employee in a manner and tone that is firm but positive. This verbal caution is a valid disciplinary action. However, depending on the supervisor’s assessment of the case, he may issue a written caution or reprimand which though for local use may be used for future disciplinary cases requiring submission to a higher authority.
The immediate supervisor shall be required to report all cases falling within paragraph 13.4.1 above, to the Head of Department Human Resources and Administration through the established channels.
13.4.3 Interdiction
The Director may order the interdiction of an employee where there is reasonable grounds that the employee having committed a serious or grave offence in terms of these regulations, must cease forthwith to exercise the powers and functions of his office. During such interdiction which shall not exceed three months, proceedings will be instituted against him to authenticate the facts of the case which may lead to his dismissal or otherwise from service.
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An employee who is interdicted will be eligible to payment of half of his basic salary and full house allowance entitlement. Where disciplinary or criminal proceedings have been taken against an employee under interdiction and such employee is not dismissed from service, the whole of any salary withheld, will be restored to him, upon the termination of such proceedings.
13.4.4 Suspension
(a) Suspension will be imposed for major offences where dismissal is
contemplated. Suspension will be imposed where evidence of the offence is conclusive and proceedings for dismissal have been initiated.
(b) The disciplinary process should be concluded within two (2) months. (c) On suspension, officers will be entitled to payment of all allowances but
will not be paid their basic salary. (d) A suspended officer will not appear at his duty station without express
written permission of the Director. (e) Where investigations have been completed and no further action is
contemplated, the suspension will be lifted and the officer reinstated. The officer will be paid the salary withheld on reinstatement.
(f) Where the Centre fails to establish a case against the employee within
three (3) months, he shall be reinstated and the withheld salary paid to him.
(g) Suspension will be for a maximum of three (3) months after which the
matter should be brought to a conclusion. This will not apply to those cases that are pending before the court.
(h) If criminal proceedings are instituted against an employee in any court of
law, he shall not be dismissed until the case and the determination of any appeal thereafter.
(i) Where an employee is adjudged guilty in any court of law of a criminal
offence, which may warrant dismissal, the Director may, upon receipt of the judgment, and of any order made on appeal, decide whether the employee is to be dismissed or subjected to some lesser punishment.
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13.4.5 DISMISSAL
(a) When the Director considers it necessary to institute proceedings against an
employee on the grounds of an offence which if proved, would warrant his dismissal, he will prefer the charge(s) against the employee. Such charges will be forwarded to the employee, including a brief statement of the allegations. The employee shall be required thereafter to reply to such charges through his immediate supervisor within three days of receipt.
(b) If the employee does not furnish a reply to any charge forwarded to him
under paragraph (a) above, within the period specified, the Director may proceed to take any disciplinary action as indicated in this Regulation.
(c) The Director may, when he deems necessary, refer cases of serious or
grave offences to the Disciplinary Committee to review and or hear and advice on what actions to be taken on such cases.
(d) The accused employee will be given opportunity to defend himself before
the Committee, allowed to present evidence, question witnesses, and will be presumed innocent until proved otherwise.
(e) The Disciplinary Committee, having reviewed and heard the case will
forward its findings to the Director with recommendations regarding the form of punishment, if any.
13.4.6 Summary Dismissal
An employee who is found guilty of committing a grave offence or gross misconduct, and due process of the proceedings have been made in terms of these regulations may be liable to summary dismissal with loss of all benefits.
13.4.7 Surcharging of Staff
(i) An employee who has negligently refused and/or intentionally failed to collect moneys owing to the Centre for collection of which he is personally responsible; or
(ii) Is personally responsible for any improper payment of Centre funds which are not duly vouched for; or
(iii) Is personally responsible for any deficiency in funds, stamps, securities, or damage to, or destruction of any other property of the Centre; or
(iv) Knowingly uses, without authority, stores, vehicles, buildings, equipment or any other Centre property or services provided for official purposes; or
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(v) Is personally and directly responsible for any additional expenditure or liability being incurred by the Centre which, but for his negligence, need not have occurred;
(vi) May, if his explanation therefore is unsatisfactory, be surcharged for the whole or part of the amount involved, subject to the provisions of paragraph (g) below.
(vii) The amount of surcharge imposed under paragraph (i) will be recovered from the employee’s monthly salary subject to a maximum not exceeding two thirds(2/3) of employees monthly gross salary. An employee who is dissatisfied with a surcharge imposed on him may submit an appeal to the Director.
(viii) Any surcharge effected under this Regulation will be made by the Director or an officer deputed by him. Surcharges under this Regulation may be made without a disciplinary charge being preferred.
13.4.8 Forfeiture of Appointment
If an employee absents himself without authority for a continuous period of seven days he may be regarded as having forfeited his appointment with effect from the date of such absence. If such employee subsequently presents himself for duty he may, if the circumstances warrant such a cause, be reinstated, subject to such disciplinary measures as may be taken against him. An employee who is regarded as having forfeited his appointment will be deemed to have been dismissed in accordance with these regulations.
13.4.9 Termination of Service
Where an employee has been dealt with in terms of these regulations and found guilty of commission of an offence not amounting to gross misconduct, his services may be terminated, and eligible for payment of salary and any other benefits as due.
13.4.10 Re- Stoppage of annual increments
13.4.11 Reduction in rank or designation. This may affect the employee’s basic salary but not house allowance, if any.
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SECTION M
14.0 STAFF WELFARE
The Centre recognizes that, in addition to offering pay benefits, and a healthy working environment to employees, their emotional and social needs should also be catered for as they discharge their duties in the Centre. It is the Centre Social responsibility to promote welfare amongst its employees. The Centre will pursue a policy that addresses the various social and health challenges confronting staff in the workplace. In this regard, the Centre will be involved in the following activities:-
14.1 HIV/AIDS
The Centre recognizes the impact of HIV and AIDS in the workplace and it’s far reaching effects on productivity. The Centre is therefore committed to developing a programme to mitigate the effects of the pandemic. In this regard, it shall develop a workplace policy on HIV and AIDS. The main objective of the policy will be to provide a framework to address HIV and AIDS issues in the Centre.
14.1.1 Guiding Principles
The principles that guide this policy will be in accordance with international conventions, national laws, policies, guidelines and regulations. These include but are not limited to: Recognition of HIV and AIDS as a workplace issue HIV and AIDS is a workplace issue and shall be treated like any other serious illness/condition in the workplace. This is necessary not only because it affects the workforce but the workplace. Non- discrimination There should be no discrimination and/or stigmatization of employees on the basis of real or perceived HIV status. This inhibits efforts aimed at promoting HIV prevention.
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Work injury benefits The Centre shall provide a safe working environment to all employees. All Heads have a responsibility to minimise the risk of HIV transmission by taking the appropriate first Aid/universal infection control precautions at the workplace.
Where fitness to work is impaired by illness, alternative deployment for such employees shall be arranged where possible.
Heads shall be required to demonstrate leadership in addressing HIV/AIDS pandemic in the workplace through participation in awareness programs and counselling for all employees. They are also expected to be sufficiently informed about the pandemic in order to guide other staff members in matters concerning the scourge.
Human Resources Department should include HIV/AIDS workplace issues in their annual strategic and budget plans.
It is the responsibility of the employees to establish their HIV/AIDS status through Voluntary counseling and testing (VCT), take appropriate precautions to protect themselves against infection and infecting others and to seek information/education on the HIV/AIDS pandemic and ways to combat it.
HIV/AIDS shall not be a cause for termination of employment and infected employees shall be allowed to work as long as they are fit and available for work.
14.1.2 Privacy and Confidentiality
No employee shall be compelled to disclose his or her HIV status. In cases where employees with HIV inform Management of their situation, all reasonable precautions will be taken to ensure confidentiality and the employees’ right to disclosure will be observed. Access to personal data relating to a worker’s HIV status will be bound by the rules of confidentiality.
14.1.3 Prevention
Information, Education and Communication Through education and dissemination of information, the Centre hopes to influence attitudes, change behaviors and help in the prevention of HIV /AIDS and promote the overall health of its employees. The Centre will initiate a peer
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education program to inform and educate its employees on HIV and AIDS prevention, care and support.
14.1.4 Treatment, Care and Support
Supportive Counselling for HIV positive employees Employees who are HIV positive will be provided with counseling services to encourage them to cope with the status. Opportunistic Infections The Centre encourages infected employees to seek early treatment. As far as possible the Centre will seek for a scheme which will cover this condition. Anti Retroviral Therapy (ART) Employees who require ARVs are encouraged to seek this service at government health institution. The Centre will link such employees to various institutions that support and supply ART provision.
14.2 COUNSELLING SERVICES
Counseling services is a social therapy offered to individuals’ socially maladjusted in an endeavor to influence them to change attitudes towards the accepted norms. It is a deliberate attempt to assist employees to make a self reflection of their dispositions in relation to the individual abilities to produce and deliver services to the Centre. Counseling will involve the provision of information, interpretation of attitudes and feelings in relation to individual disposition and the working environment. The Centre shall endeavor to provide such services using skilled counselors trained from among the staff or source for the services from professional counselors.
14.3 BENEVOLENCE
14.3.1 Assistance to bereaved employees
In the unfortunate event that the Centre looses a staff member through death, it will provide the following forms of assistance:-
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a) The cost of transporting the body and immediate family members to the
place of burial within Kenya b) The cost of coffin upto a maximum of Kshs 50,000/= c) Mortuary fees upto a maximum of Kshs. 120,000/= e) Transportation of members of staff for the funeral maximum of 10
persons. f) One funeral announcement in a daily newspaper (1/8 size in colour)
14.3.2 ASSISTANCE TO MEMBERS OF STAFF FOLLOWING DEATH OF IMMEDIATE
FAMILY MEMBERS
This only includes one spouse, children and parents.
(i) Transportation of members of staff for the funeral maximum of 10
persons.
(ii) Staff advances shall be granted upon request.
(iii) The cost of transporting the body (Spouse and Child) and immediate
family members to the place of burial within Kenya
14.4 RECREATION
The Centre shall encourage sporting and recreational activities. The activities will enhance the Centre’s public image and also serve as a forum for employees to interact in informal setting. The Centre shall encourage members of staff to join private sports and recreational clubs of their own choice. The Centre may budget for funds to be utilized in sports and recreational activities as appropriate. The Centre will consider paid leave of absence to players while participating in approved sports activities in the country and abroad. Where players play for other non- institutional clubs, the Centre may grant unpaid leave to players subject to exigency of service. On National duty, the players will be granted time off to train and participate as requested by the Government. Such leave shall be approved by Head of Department Human Resources and Administration.
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14.5 Savings and Credit Cooperative Society
The Centre shall facilitate the staff Savings and Credit Cooperative Society, which provides advances and loans to members. The Centre shall give full support to the Society.
14.6 Recognition of Staff Associations
The Centre encourages and respects any employee associations and professional bodies which encourage career and professional development. The Centre undertakes to meet subscription fees of professional bodies on which professional staff can benefit.
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SECTION N
15. HEALTH AND SAFETY
15.1 POLICY STATEMENT
It is the moral and legal responsibility of the Centre to recognize and commit itself to the achievement of the highest standards of health and safety in the work place, and the elimination or minimization of health and safety hazards and risks that may affect its employees. In this regard it will pursue policies and programmes that assure their protection from such hazards and disasters. Health and safety promoting activities will be implemented to deal with prevention of accidents, risks, hazards and minimize the resultant loss and damage to persons and property
15.2 OBJECTIVES
The Centre’s effective implementation of provisions of health, safety and disaster prevention activities shall ensure a healthy work force that will realize:
improved employee’s safety and health
improved labour relations
reduced compensation costs
reduced insurance costs
reduced damage costs To meet these objectives this policy will be implemented in compliance with the provisions of Kenya Labour Laws/occupational safety and health acts 2007.The health and safety manual shall be guided by the following implementation guidelines:-
Compliance with all relevant statutory instruments of law and any other circulars issued by the management as guidelines in all matters of Health and Safety.
Formulation of rules and guidelines on matters of Health, Safety and Disaster management and ensure compliance of the same
Strategies and activities on how the safety and disaster preparedness objectives can be met
Eradication and minimization of accidents and related costs.
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Putting in place practical precautions to safeguard the safety and health of all Employees, Customers and the general public.
Informing, educating and communicating adequately to all Cadre of Employees on the risks to their health and safety that they may be exposed to.
That all working conditions and equipment are safe and working places are regularly inspected.
All Heads and employees assume defined responsibilities in matters of health and safety in conformity with this policy.
An establishment of Health and Safety Committee to monitor evaluate and view performance standards under these guidelines.
15.3 STRATEGIES
To realize the stated Policy, NCRC will adopt the following strategies:-
(i) Sensitize Staff through continuous training and updates on Safety, Health and Environment Practices
(ii) Encourage ,Support and Implement work practices which ensure business activities are harmonious with environmental conservation
(iii) Provide suitable working tools and personal protective equipment and gear.
15.4 UNIFORMS AND PROTECTIVE CLOTHING
NCRC shall provide protective clothing, Uniforms and other necessary equipment to Employees whose work requires the use of the same. Uniforms will be issued in two pairs once in a year, at regular intervals. Protective clothing will be provided whenever required and on assignments basis to Employees undertaking such tasks. Dust coats, Leather Gloves, Safety Boots and Dust Masks will be provided to Staff. All personnel provided with safety and protective clothing will be trained on how to use them. They will also be required to use them at all times while on duty.
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SECTION P
16.0 PENSION AND STAFF INSURANCE ADMINISTRATION
16.1 POLICY STATEMENT
The Centre is concerned about the long term interest of its employees and recognizes pension as an important benefit in this regard. The Centre will therefore operate a pension scheme to enable staff to plan for retirement, provide financial security in old age and maintain a reasonable standard of living in retirement.
16.2 STAFF PENSION SCHEME
The Centre will operate a Staff Pension Scheme.
Admission into the Pension Scheme will be compulsory to all employees serving on permanent and pensionable terms who are 50 years and below.
The compulsory retirement age is 60 years. However, an employee may opt and/or be retired at the age of 50 years at the discretion of the Centre.
Pensionable benefits for staff serving on permanent and pensionable terms shall be as prescribed by rules and regulations of the staff pension scheme.
16.3 STAFF GRATUITY
16.3.1 CONTRACT TERM GRATUITY
An employee serving under contract terms of service will be eligible, at the end of such contract, for payment of gratuity at the rate of 31% of the total basic salary drawn during the period of the contract.
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SECTION Q
17.0 GENERAL REGULATIONS
17.1 GENERAL POLICY STATEMENTS
All Centres’ assets shall be used and maintained in proper and serviceable condition at all times. All employees are responsible and accountable for the assets under their charge and shall be held personally liable for any damage, misuse, or loss arising from their negligence and/or carelessness.
17.2 VEHICLES
i) All vehicles must be serviced regularly by the dealers, appointed agents and garages in accordance with manufacturer’s service schedule. In addition drivers must carry out daily checks on:-
- engine oil - radiator - tyres and - battery, and keep the vehicle always clean.
Minor accidents resulting in dents or malfunctioning of any part of the vehicle must be reported immediately by the driver to the relevant supervisor.
The driver shall report to the supervisor all mechanical faults of whatever magnitude at the conclusion of the journey.
A driver or an officer driving a Centre vehicle should personally ensure prior to departure, that the vehicle is properly licensed and insured.
All Centre vehicles should be parked overnight and when not in use at the Centre’s premises where security is provided, or in the alternative, at the office of the nearest Provincial Administration Office car park, or police station. In exceptional cases, the Director or an officer deputed by him may authorize an officer to park a Centre vehicle at his residence or elsewhere.
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All accidents, minor or major, must be reported to the police, immediate supervisor and transport officer within 24 hours of the occurrence.
Anybody found misusing an official vehicle, and is for this reason, recommended for a surcharge, by the Government Vehicle Check Unit (GVCU), or any other appropriate authority, must first pay surcharge, before the case is taken to the ministerial surcharge committee for review if necessary.
Eemployees must put all company property under their care to good use and for official purposes only. The following should be observed:
Stationery: Company stationary is solely provided for official use. Personal or other correspondence on Company stationary is therefore prohibited.
Telephone: All telephone calls made through the Operator or directly should be official. Personal calls are allowed but will be charged on the employees.
Photocopiers: Only documents that relate to the Centre’s work or business shall be photocopied using the Centre’s photocopying facilities.
A photocopying log shall be kept and an employee who uses photocopying facilities shall sign the log as acknowledgement of the quantity of photocopies done in order to enable for the expenditure to be captured under the relevant department for accountability purposes.
Other Centre Property: All other Centre property should be taken care of to the best of the holder’s ability. Staff who may require carrying out any equipment for use outside the premises should ensure that it is adequately insured. A gate pass must also be obtained from the Security Officer before the equipment can be carried out of the premises.
17.3 Public and Political Responsibilities
a) An employee must not, except with the express permission of the
Director, act as the editor of any newspaper, management thereof, or contributes thereto, or publishes in any manner anything which may be reasonably regarded as being of a political or administrative nature. An employee may, however, publish, in his own name, matters relating to subjects of general interest but not involving politics, the Centre’s or governmental affairs.
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b) An employee who wishes to publish an article or deliver an address, the substance of which may be published subsequently, on anything which may reasonably be regarded as being of a political or administrative nature, shall seek permission to do so from the Director, a draft of the proposed article or address being submitted for approval.
c) An employee whether on duty or on leave of absence, should not allow
himself to be interviewed on questions of public policy or on matters affecting the defense or military or naval resources of any part of the Republic.
d) An employee is entitled to his own views in political matters, but is not
permitted to express those views publicly. e) The extent to which an employee may be permitted to express an opinion
on the actions of a friendly foreign power must necessarily be governed by the extent to which such expression may be likely to embarrass the Kenya Government in its relation with such foreign power. While it is not desired to interfere with the liberty of free speech, any lack of discretion on the part of any employee may have to be viewed seriously by the Management.
f) An employee must not disclose any information concerning the affairs or
business of the Centre or of its employees, or show, release any official document or book to any person not connected with the Centre unless he is required to do so in the course of his duties.
g) An employee must not use, or cause to be used by a third party, for any
purpose other than for the discharge of his official duties, information gained by or conveyed to him through his connection with the Centre.
17.4 ACCESS TO THE CENTRES PREMISES
After working hours/weekends/ Public Holidays, Officers wishing to enter the NCRC premises will do so subject to the following conditions:
a) The Security Personnel manning the main gate shall properly identify the officer. The officer will be required to produce identification to be allowed in.
b) The officer’s name, purpose of entry, date, time of departure and vehicle
registration, if any, shall be recorded in the appropriate book which shall be kept at the main gate.
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c) Security personnel must check all vehicles before entering into any NCRC premises as applicable.
d) Staff must display their identification cards at all times. e) Visitors shall not be allowed in NCRC premises without proper
authorization. f) Nobody will be allowed to enter while carrying any weapons.
17.5 FRAUD HANDLING PROCEDURES
i. On being informed of a fraud/theft/criminal act affecting the business,
the Head of Department Human Resources and Administration in coordination with the Management should commission an inquiry immediately through the Head of Internal Audit.
ii. The Insurance Company should be informed through the Head of
Department – Finance as required under the terms of any policy that covers fraud.
iii. The Head of Internal Audit/ Internal Audit’s representative shall submit
a detailed report to the Head of Department Human Resources and Administration with a copy to the Director detailing the facts of the case as revealed during the investigation, implications on the customer, and conclusions of inquiry with names of the suspected persons if any within 30 days of commissioning the investigation. Anticipated delays should be discussed with the Head of Department Human Resources and Administration.
iv. In certain cases, it may be required to suspend the suspected employee
pending investigation if there exists a possibility of destroying evidence.
v. Customer implication shall be, handled through Departmental Heads in the best possible interest of the Centre.
vi. The Director based on the recommendations of the Head of Department
Human Resources and Administration, will decide on the appropriate course of action to be followed including informing the matter to the appropriate authorities. Legal assistance may be sought as deemed fit.
vii. All correspondence to external agencies like police, lawyers etc will be
routed through the Head of Department Human Resources and
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Administration who will maintain all documentations and the report of the Internal Audit Department in original.
viii. If the management is convinced that the presence of a relative of an
employee suspected of fraud is in another department/branch will affect the investigation process the relative of the employee may be temporarily be transferred to another branch/department till such a time the investigation is completed.
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SECTION R
18.0 PROCEDURES FOR REVISION
Management recognizes that the Centre is dynamic and is subject to both internal and external changes. For this reason this Manual will be amended from time to time as the need arises and is subject to review after every five (5) years. The following guidelines shall apply:- a. At the direction of the Director, The HR& A is responsible for the updating
of these regulations.
b. Any Employee may propose changes/amendments to these regulations by sending in writing recommendations to the Director through his Head of Department.
c. With the approval of the Governing Council, The Director shall issue such notices whenever there are changes, additions, or deletions, to these regulations. A cover memo notice of the amendment will explain the pertinent changes. The notice shall be circulated to all employees who will, as proof of acknowledgement, read and initial the notice and consult their immediate supervisors for any clarifications.
d. Dates(s) of such change/amendment shall be inserted at the top right hand corner of the relevant page(s).
e. Following the circulation to all Employees, The Supervisor shall make the necessary correction to the Regulations and file the cover memo separately, together with the replaced regulation. Amendments shall be issued in numerical order to make it easy to refer to the cover memo to ascertain that all notices have been received and filed.
f. If major changes or additions are made to these regulations, Departmental Heads shall ensure such changes are discussed and understood at the regular Staff meetings at the various supervisory levels.
