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Getting laid off...
skjay
#1 Posted : Tuesday, May 05, 2009 2:10:00 PM
Rank: Member


Joined: 4/28/2008
Posts: 36
This one is for those familiar with labour laws in Kenya.

If your employer calls you from your desk and tells you not to report to work tomorrow,what are the implications? This is where there was no notice and it's not a summary dismissal. In fact,he tells you sorry as he does that. How should severance pay be computed (in addition to the notice pay)? What of unused leave,even from the previous year? Do the months that were considered probation factor in (probation was after employment contract was signed). Are there any other obligations on the part of the employer?
The Real Shaft
#2 Posted : Tuesday, May 05, 2009 2:16:00 PM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
there is a lot an employer..

should do..

before...

telling you not to report tomorrow....

I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
McReggae
#3 Posted : Tuesday, May 05, 2009 2:16:00 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Can you state the exact scenario you are faced with!!!


Make money.....then you will enjoy all the fine things in life!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
skjay
#4 Posted : Tuesday, May 05, 2009 2:23:00 PM
Rank: Member


Joined: 4/28/2008
Posts: 36
@Shaft
What are these things an employer should do and what should be the implications if he doesn't?


@McReggae
That's exactly it. It's a cost-cutting exercise.
The Real Shaft
#5 Posted : Tuesday, May 05, 2009 2:29:00 PM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
visit me ..

at my ultra-modern office.....

will not charge you consultancy fees.....

let's talk privately...

I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
Waria
#6 Posted : Tuesday, May 05, 2009 3:18:00 PM
Rank: Member


Joined: 10/11/2007
Posts: 213
@real

Where are your ultra mordern?

Na wewe unaenda kortini kweli? given the heures you spend on Sk....


Me first,U next
wangura
#7 Posted : Tuesday, May 05, 2009 4:49:00 PM
Rank: Member


Joined: 2/24/2009
Posts: 29
@waria lol. U can access SK from your mobile even when in court
skjay
#8 Posted : Wednesday, May 06, 2009 4:33:00 AM
Rank: Member


Joined: 4/28/2008
Posts: 36
@Shaft,thanks for the offer. How to contact you? Your profile doesn't have contact details.

Skerians,no one with info to share here on how to handle such a situation? Yesterday's Smart Company (DN) reported that the Labour ministry says about 8,000 Kenyans have lost their jobs so far this year and more are set for the axe due to the slowing economy.
Btw,do they really have info on all jobs lost? How will they get to know of mine? Must be the PAYE returns.

Information discussed here might help a lot of people get a fair deal if the unfortunate happened to them.
mukiha
#9 Posted : Wednesday, May 06, 2009 5:27:00 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
Severance pay is 15 days for every year worked (including probation period)

Unutilised leave is paid at the rate of current salary at the time of lay-off. It does not matter whether the leave was accumulated many years ago.

Leave for final year of service is calculated per month served,e.g.,if you get 21 working days per year,this is equal to 1.75 working days per month. NOTE: some contracts state leave is calendar days (especially those with 30 days) - check what yours states.

If it is working days,then count the number of days (excluding weekends and holidays) on the calendar starting from date of termination to find out the equivalent number of months.

E.g.; if you have 30 leave (working) days and you are fired today,these are NOT equal to one month pay! They are one calendar month and ten days

Notice paid as per employment contract / letter of appointment.

Your pension cannot be attached for any reason whatsoever and must be released within 90 days.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
skjay
#10 Posted : Wednesday, May 06, 2009 6:29:00 AM
Rank: Member


Joined: 4/28/2008
Posts: 36
@mukiha,thanks for the info.

When you say 15 days for every year worked,does that mean you round down to the last complete year? I.e.,if worked five and a half years,do you compute for only five years or include the half year also?

If the contract says that leave cannot be accumulated year on year (as far as actually going on leave while in employment is concerned),does that mean that the this will also be forfeited (unused leave from previous years) while computing the severance package? And since leave is taken after finishing a year in service,should the computations be done as at end of calendar year or relative to when you completed your year of service?

Any input will be much appreciated.
The Real Shaft
#11 Posted : Wednesday, May 06, 2009 6:29:00 AM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
waria*....

are you as idle as mutahi .....???

counting the 'heures' we are in SK......

or the no.of times we think about swine flu...

skjay*...

patia mimi email address...

i will communicate...



I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
mukiha
#12 Posted : Wednesday, May 06, 2009 7:39:00 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
@skjay,get in touch with The Real Shaft

One question though; how long have you worked with this company and what did you do with the leave that was not carried forward?

If contract says you cannot carry forward,then fair thing would have been to get paid in cash at the end of the year. If that was not done,you might have merit in asking for the payment but at the rate of your salary at the time the leave was due.

NB: Please don't pull out another clause from your contract,we might ask you to post the full document here!
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
skjay
#13 Posted : Wednesday, May 06, 2009 7:56:00 AM
Rank: Member


Joined: 4/28/2008
Posts: 36
Didn't do anything with the leave. It's one of those companies that work you like a donkey that you don't even get time to THINK of going on leave.

@Shaft:
jay_programmer1[at]yahoo[dot][com]
The Real Shaft
#14 Posted : Wednesday, May 06, 2009 11:47:00 AM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
skjay.....

pole...

had left for a trivial moment.....

i have sent to you an official correspondence......


I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
Waria
#15 Posted : Wednesday, May 06, 2009 1:47:00 PM
Rank: Member


Joined: 10/11/2007
Posts: 213
@ Real

Send the location

ambulancechaser @sk.com


Me first,U next
Mr .Ben
#16 Posted : Wednesday, May 06, 2009 2:21:00 PM
Rank: Member


Joined: 1/20/2009
Posts: 46
Am sure something can be done in such case.I have a friend who was working on thursday come monday we learnt that he was laid off.

Skerians share on this we who are employed need to know our rights.

How can a company treat you like water under a toilet seat.....such that they can get rid of you within the blink of an eye?

which way to go? anybody....!?




'Until the lions have their historians,tales of hunting will always depict the hunter as a brave man.'



"Until the lions have their historians, tales of hunting will always depict the hunter as a brave man."
The Real Shaft
#17 Posted : Thursday, May 07, 2009 7:12:00 AM
Rank: Veteran


Joined: 11/19/2008
Posts: 839
waria...

nice one.....

will send an ambulance to pick whatever is left of you.....

after the pirates are done with you......

do you ship khat to mogadishu....???

i have a few trees....

and was about to make charcoal.....

I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
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