Welcome to our website

Naomba Mnitumie MANENO YA KUWEKA Hapa, Angalau 100 words, explaining what this blog is all about.

Tumieni Email ile ile ya gtommie25@gmail.com

Showing posts with label Disputes. Show all posts
Showing posts with label Disputes. Show all posts

Monday, 16 November 2015

Termination of Employment



Termination of employment means ending the employer-employee relationship between an employer and employee. Termination of employment can be initiated by any of the parties to a contract of employment. Lawful termination of employment under common law includes:
  • Termination of employment by agreement: When the employer and employee agree to bring a contract of employment to an end in accordance with an agreement. For example, if there is a contract for a period of one year and the agreed period expires then the contract will obviously come to an end.
  • Automatic Termination: A contract of employment may be terminated automatically in circumstances such as death or loss of business of the employer.
  • Termination of employment by the employee/Resignation: This happens when an employee due to material breach of the contract by the employer decides to resign from her employment.
  • Termination of employment by an employer: An employer may also terminate the employment of an employee but there is a need to comply with the provisions of the law and contract relating to termination. 
Can I terminate an employee because I do not like her/him?
No. Under the law there are four grounds that may justify termination of the employment by the employer and these are:
  • Misconduct
  • Incapacity
  • Incompatibility
  • Employer’s operational requirements/retrenchment. 

Communication skills at work



Introduction
 Being able to communicate effectively is the most important of all life skills. Communication is simply the act of transferring information from one place to another.
 How do we communicate?
/ Using vocal-using voice
/  Use a written means i.e papers, printed or digital media such as books          websites  or emails.
/  Using visual i.e use of logos,maps,charts,graph etc
/  Using non verbal means i.e use of body language ,gestures,impressions eg nodding tone and pitch of voice.
Interpersonal skills
   Are the skills we use when engage in face to face communication with one or more people. What we say is an important way of getting our massage across. Using our voice is only the tip of   iceberg .  We actually communicate more information using non verbal signals, gestures, facial expression, body language, or even our appearance.
Importance of interpersonal skills
·        Help us to know much better a person you are talking to,through  listening skills,one will understand more than verbal massage conveyed.
·        Good interpersonal skills enable us to resolve problems that are inevitably occur both in our private or professional life on art of listening.
·        With this culture ,will enable us to reach at good decision making ,as it often required to communicate complex information so that the most appropriate decision can be made (necessity of meetings & open discussions)
·        Where there is a conducive environment i.e good interpersonal skills,then job can be attain as planned,with required standard as communication barriers will easily be overcome.Learn to avoid such barriers and allow your masseges to be sent and received with great accuracy
·        Good interpersonal skills culture employees with other skills,as they will follow/imitate what their leader does ,for example; presentation skills ,which is necessary in the conyeying of massege ,Writing skills i.e an ability to write clealy and effectively which is also among is the key skill in communication,For example report writing,minutes of the meetings can easily be copied by subordinates when they are delegated.Personal Skills,
     where employees learn more from the job itself.(in the course of                        employment/learning by doing) .
·        All above mentioned advantages of interpersonal skills creates a conducive working  condition/environment which can easily support the working spirit and enhance production at work place. Moreover,when this culture is properly .
Common communication barriers
      A barrier to communication is something that keeps meaning from meetings, it is an obstacle or stabling block. Moreover ,the message can be blocked partially or the whole of it;
A.Verbal communication barrier.
     Attacking (Interrogating,Critisizing,Blaming/Lamenting).
      The speaker will /may affect the content of the message as the listener may not receive the way it is supposed to.The same applied when the Speaker is off mood.
   B.You massage(Moralising,Preaching,Advising)
       Too much of explanation may end up not be understood properly ,this has something to do with Listener if he can construe the message properly ,message ought to communicate the right content, nor lesser nor more .
   C. Showing power (Ordering, Threatening, Commanding or Directing)
        Receiver of message will end up be confused, if the message conveyed is
  attached with  order ,command, directives or threats.
   D.Other vebal barriers;include shouting,name calling,refuse to speak e.t.c.
    Non verbal barriers;
     >Flashing or rolling eyes.
     >Quick or slow movement.
     >Arms crossed or leg crossed.
     >Gesture made with exasperation.
     >Avoiding eyes contact.
     >Excessive fidgeting with materials.
It should be noted that effective communication;
     …it is two way.
     …it involves active listening.
     …it reflect the accountability of speaker and Listener.
     …it utilizes feedback.
     …it is free of stress.                                                                                  
     …it is clear.

Maintaining Good Industrial Relations at Work Place


Introduction
Industrial harmony is achieved in the workplace only when the leaders (management) determine what they want their organization culture to look like and the strategy to make it reality.  Where there is no vision people will throw off restraints. There will be no discipline; thus leadership has to establish vision, mission, values, direction, create the organisational culture through personal discipline, respect for others  and follow development plan. However, there are a number of reasons why some workplaces are more harmonious than others.
·        Encouraging open communication (Frequent and effective communication).
 One of the best ways to foster good relationship within the workplace is to encourage  dialogue and effective  communication. This should not just amongst colleagues but between staff and management also.  Encouraging the workplace to express ideas  and views  as well as suggesting  improvements is a great  way of achieving  this. Gaining feedback on performance  either  as a team or in 1 to 1  session as well as giving  workers  clearly defined and realistic targets  and deadlines. Remember  also who, what; when; where  & how guideline question. Meetings  with  planned  agendas, clear and concise  communication to keep it simple, meaningful,  deliberate and planned and last  build  interpersonal communication skills.

·        Establishing  a good work/life  balance
Work  can become  unbearable if  employers  are only  interested  in themselves  and making as much profit  as possible  without  giving  any regard  to the needs of their staff, its also important  to recognise that they have life outside  of the workplace  too. Creating  a family  friendly  environment  is a very positive step.
This is achieved by creating flexible working practices, compassionate leave, staff domestic as arrangements i.e attached the institutions with financial institution (guarantor). Like Banks and  SACOSS. Also  by having  a well  planned  arrangement  on how to handle  staff issues  like death, wedding  arrangements and disasters . Sometime a company may even insure their employees with a limited  number of their families. 


 
·        Training  and Development
No matter how much an employee enjoy their current role,  most career  minded  people  will ultimately hope  that the job they are  doing  now will be a stepping  stone towards  the next phase  of their  career.  To retain valued  members of staff a company  can provide them with the right  platform in order to develop. This might  include on – job training , study  leave  or even  paying for the cost of  external educational  courses to  have a career  development programme.  Rule 30 G.N 42 /2007 provides  for the same.

·        Provisions of Incentives /bonus or awarding good employee.
Payment of bonuses to staff for performance  that  have  exceeded  institution  expectation, the same  applies to award  good worker for a certain  categorised  achievement  can not only  increase productivity  but also increase  a sense  of belonging  with the company  or institution.
However,  money  alone is rarely  enough  of a motivation for staff to remain  loyal   and to feel  happy in their  work. Other means are:   
-          Institutions  bonanza
-         Institution  family day
-         Institution day out /corporate responsibility etc.

·        Leadership skills, innovation and creativity
(a)  First leaders should be held accountable model and demonstrate behaviour they expect. They should establish and drive clearly defined standards of performance. Practice of discipline and restraint , coach  and mentor.  They should  focus  on goals, clear , actionable  measurable and specific goals. 

(b) Clearly defined  roles for sub group  (Depts, sections or unit)
To have  them with  a clear job descriptions,  performance  assessment ,  clerly defined expectation, set clear  standards  to these sub groups  up to an individual  who will know very clearly  what the  organisation /institution will expect  from him/her  in a specified  period of time.
(c) Shared resources
Both hard resources  (like working  tools) and soft  resources  (cash) together  with workers  themselves  (Human Resources) ought to mingle  for the purpose  of furthering  organisational objectives . When  resources  are not clearly /equally  shared  there will  arise grievances which may be translated  into disputes.
It should be clear  that  people (both management and other staff) are resources  who can share ideas,  experiences  and build  partnership and  by having  common access  to resources.

Organization tips towards creating good industrial relations
(i)                Consistent, United  and enthusiastic  effort
-         Set  standards 
-         Focus on goal (s)
-         Communicate  the strategy
-         Communicate the benefit
-         Encourage, inspire and motivate
-         Reward and recognition
-         Share  success stories
-         build  a win culture
-         Take time to build relationship  on and off the job
-         Career  planning

(ii)              Periodic and temporary  suppression of the “ego”
-         Leaders don’t have all the answer
-         Shut up! listen, listen and listen some more 
-         Seek personal  development
-         Learn from others
-         Failure  is not fatal
-         Forgiveness
(iii)           Measure,  assess, and face  reality
- Employee surveys
- Customer survey
- Feed  back
- Focus  groups
- Round  tables
- Benchmark

(iv)           Build a solid  foundation…….
-         Recruit and hire  the right  people
-         Enforce fair  and equitable  employment  practices
-         Share  organization vision
-         Help employees to achieve  their goals
-         Build  an eager  want
-         Promote from within  when  possible
-         Establish  a talent  pipeline

INDICATORS OF GOOD WORKING CONDITIONS AT A WORKING  PLACE           
(i)                Labour Turnover:  The more high labour turnover  ensrihed that the workplace  is not conducive  and vice  versa.
(ii)             Number of displinary  issues noted, attended or normally  observed within a specified  period of time  (punctuality) and how problems  are dealt with.
(iii)           Existence  or non existence  of communication  barrier. i.e  process, procedure  and its effectiveness.
(iv)           The type  of organization  culture exisitng  in the institution i.e degree of strictness flexibility, team  working spirit  or not etc.
(v)             The way internal and external clients  internet , communicate, perpetuate  etc.

Minimum Wage


Every person without discrimination of any kind is entitled to remuneration commensurate with work and all persons working according to their ability shall be remunerated according to the measure and qualification for the work. Every person is entitled to just remuneration. (Art. 22 of the Constitution). The wage rates are determined by Wage Boards constituted in accordance with Labour Institutions Order 2007. 

The minimum wage rates have been fixed under the Wages Order 2013. While determining the minimum wage, the Wage Board takes into account all relevant factors including the cost of living, level of wages and income in the country, economic development, level of employment, the minimum subsistence level, ability of employers to carry on their businesses, operation of small, medium and micro enterprises, the remuneration and terms and conditions of employment of employees employed in the East African Community in the sector, any collective agreements providing for remuneration and terms and conditions of employment in the sector, alleviation of poverty and any other relevant matter. (section 37 of the Labour Institutions Act, 2004). 

Minimum wage rates are determined for the following sectors: Health services; agriculture services; Trade, industries and commercial services; communication services; mining; Private schools services (Nursery, Primary and Secondary schools); Domestic and Hospital Services; Private Security Services; Energy Services; Transport Services; Construction Services; Fishing and Marine Services; and Other sectors not mentioned above. 
Learn more about minimum wages in Tanzania.
Wages Order 2013


Night Work

If a worker usually works at night, he has to be paid a night premium of 5% over and above his normal wage rate. If that worker is working at night (as overtime), he has to be paid a night premium + overtime premium. 

Regular Pay

The law regulates the payment of wages to all classes of workers. Wages can be calculated on hourly, daily, weekly or monthly basis. Employer should pay the employee his wages during the working hours at the place of work on agreed pay day in a sealed envelope if payment is made in cash or through check. Employment and Labour Relations Act, No. 6,  2004, Sec. 26-27

Overtime

In accordance with the section 19 of Employment and Labour Relations Act 2004, employees can be required to work 6 days a week. The normal working hours are 9 hours a day and 45 hours a week. If a worker works beyond the stipulated working hours, he is entitled to an overtime pay that is one and a half time (1.5 of X or 150%) the rate of his ordinary pay. The weekly hours limit does not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee. An employer may not require an employee to work more than 12 hours in a day and more than 50 hours overtime in a 4 week cycle. A written agreement may require or permit an employee to work up to twelve hours in a day inclusive of any meal interval without receiving overtime pay. However, such agreement may not require or permit an employee to work more than 5 days and 45 hours as well 10 hours of overtime in a week. A collective agreement may also provide for averaging of ordinary and overtime hours over an agreed period (not greater than one year) however such agreement may not require or permit the work to work more than 40 ordinary hours of work per week calculated over the agreed period and ten hours overtime per week calculated over the agreed period. The overtime limit does not apply to (i) the employees who manage other employees on behalf of the employer and who report directly to a senior management employee; or (ii) emergency work which cannot be performed by employees during their ordinary hours of work; and (iii) where an applicable collective agreement provides for the averaging of the overtime hours of work over an agreed period not exceeding one year, subject to a limit of ten overtime hours per week on average. (Section 17-22 of Employment and Labour Relations Act 2004)Employment and Labour Relations Act, No. 6,  2004, Sec. 19
 

 
Design by Free WordPress Themes | Bloggerized by Lasantha - Premium Blogger Themes | Free Samples By Mail