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. 

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Posted in: Disputes,Labour Laws,Transfer/Exchange

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.

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Posted in: Disputes,Entreprenuership,News

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.

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Posted in: Disputes,Labour Globally

Terminal Benefits

What are Terminal Benefits?
Terminal Benefits are final entitlements of an employee upon termination of an employment contract. 
What is an employee entitled to as terminal benefits upon the termination of their employment contract?
Generally, Section 44 of the Employment and Labour Relations Act, 2004 provides the following for upon termination of the employment contract; 

• Any remuneration for work done before termination
• Any annual leave pay due to an employee for leave that employee has not taken
• Any annual leave pay accrued during any incomplete leave cycle
• Any notice pay due
• Any severance pays due if an employee qualifies for this
• Any transport allowance that may be due
• Certificate of Service

The above-mentioned are generally described as terminal benefits; however they are not automatically granted. Some are granted depending on various circumstances such as grounds of termination, type of employment contract, the length of service to your employer etc.
If an employee's contract has been terminated due to misconduct, are they still entitled to Severance Pay?
According to the Employment and Labour Relations Act, 2004 an employee shall not be entitled to severance pay if the termination was on the grounds of misconduct. The employer is correct to refuse to payseverance pay. Another example where an employer can refuse to grant severance pay is if an employee is terminated on the grounds of capacity or operational requirements, and unreasonably refuses to accept alternative employment with that employer.
Another condition for an employee to be granted severance pay is that the employee must have completed 12 months continuous service with an employer and that the termination was initiated by the employer.
Is an employee entitled to Severance Pay upon their retirement?
From a recent amendment of Section 42 of the Employment and Labour Relations Act, 2004, an employee who has retired from employee is not entitled to severance pay. The logic behind this is that the retired employee will be receiving pension from the respective pension fund. The amendment is provided under part V of the Written Laws (Miscelleneous Amendments) Act No. 3 of 2010. You will therefore not be entitled to severance pay upon your retirement apart from your pension fund. Another scenario where an employee will not be entitled to severance pay is when an employee was working on a fixed term contract and the duration has automatically expired.
How is Severance Pay calculated?
Severance pay means an amount at least equal to seven days basic wage for each completed year of continuous service with that employer up to a maximum of ten years. Therefore in calculating severance pay you multiply seven days’ salary by the number of years that an employee has rendered services to an employer with a maximum of 10 years.
What is Notice of Termination? How is notice given? Is it mandatory?
Notice of Termination is notification from either party in the employment contract that one party in the contract is intending to terminate the contract of employment at a given time. Notice period differs in the following way:
If notice of termination is given in the first month of employment the period of notice shall not be less than seven days. The notice period is the period of notice upon which the employee is supposed to work from the time the notice is tendered to the time when the termination becomes effective.
If the employee is employed on a daily or weekly basis the notice period shall be four days and if the employee is employed on a monthly basis the notice period shall be 28 days. A contract of employment can provide for a longer notice but  the agreed notice period shall be of equal duration for both employer and the employee. The Notice of Termination shall state the reason for termination and the date on which the notice is given.
Can an employer terminate an employee immediately without allowing them to work during the notice period. Does the law allow this?
In event the employer wants to terminate an employee without allowing her/him to serve the notice period the employer will be required to pay the employee the amount that an employee would have received if she/he had worked during the notice period. This is what is usually referred to as payment in lieu of notice. 
The same is the case when an employee resigns immediately without serving the notice as required under the law and contract of employment. Section 41 (6) provides that when an employee refuses to work during the notice period, an employer may deduct any money due to that employee on termination; in other words, the amount that would have been due to the employee if the employee had worked during the notice period.
Must I, as an employer, pay for transportation after a contract of employment is terminated?
In the event the contract of employment is terminated in a place other than where an employee was recruited, they will be entitled to transportation to the place of recruitment for themself and their personal effects. An example is when an employee has been recruited in Dodoma but transferred to a branch office in Arusha. If terminated while in Arusha the employer will have to transport the employee to place of recruitment which is Dodoma. The employer will chose whether to:

• Pay transport allowance or transport the employee and personal effects or
• Pay for the transportation of the employee to the place of recruitment or
• Pay the employee an allowance for transportation to the place of recruitment and daily subsistence between the date of termination of the contract and the date of transporting the employee and her/his family to the place of  recruitment .

What happens if an employee is terminated but they have outstanding leave they have not taken?
In the case of accrued leave upon termination the employer shall pay an employee on a pro rata basis an amount of money in substitution for the annual leave to which that employee is entitled - provided that it is taken not later than six months after the end of leave cycle or twelve months after the end of leave cycle if  (if the employee consented or extension is justified by operational requirements). If the failure to request for leave was perpetuated by the employee themselves then they will not be entitled to accrued leave.
Is Certificate of Service and Notice mandatory even when terminated on misconduct?
Yes. Notice and Certificate of Service are mandatory regardless of the reason for termination. 
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Pension Rights

A full pension is provided to a worker who is at least 60 years old and has at least 15 years of contributions. A worker has to be at least 55 years old to get an early pension and reduced pension is paid to men aged 55 to 59 years and to women aged 50 to 54 years. There is also an old-age grant for those who do not meet requirements for partial of full pension. The pension has to be at least 80 per cfent of the legal monthly minimum wage and calculated according to worker's average monthly earnings in the best five of the last ten years (specifically, 30 percent of the monthly earnings).  National Social Security Fund Act, 1997

Dependents/Survivor Benefits

Survivor benefit for dependents including widow, widower and children is provided by Tanzanian law. If the widow or widower is childless or have no dependent children, the full sum of the deceased worker's pension is paid to her or him. If widow(er) is less than 45 years old or does not have a child younger tan 15 years at the time of employee's death, pension is paid for 24 months. In the first time, a lump-sum of 24 times the monthly pension is paid and then only a monthly pension is paid. It has to be at least 80 per cent of monthly minimum wage. National Social Security Fund Act, 1997

Invalidity Benefits

Invalidity benefit is provided in the case of non-occupational accident or disease result into permanent invalidity. 30 percent of the insured worker's average monthly earnings in the best 5 od the last 10 years is paid. In the first time, a lump-sum of 24 times the monthly pension is paid. Monthly pension has to be at least 80 per cent of the monthly minimum wage.  National Social Security Fund Act, 1997

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Posted in: Labour Laws,Transfer/Exchange

Forced Labour

What is Forced Labour?

Forced labour refers to bonded labour or any work exacted from a person under the threat of a penalty and to which that person has not consented. The law prohibits forced labour.

Is there any prohibition on Forced Labour for an employer? And if yes, any penalty thereto?

Yes. The law prohibits the procuring, demand and imposition of forced labour and any person who procures demands or imposes forced labour commits an offence. The penalty for someone who does these acts is fine not exceeding five million Tanzania Shillings, imprisonment for a term of one year or both fine and imprisonment.

Does requiring my employees to work when they are tired amount to Forced Labour?

By signing employment contracts employees submit themselves to work for you, so in such a scenario there is consent from their side and willingness to work. There is therefore no forced labour if employees are required to do what they agreed to do in their employment contract. If employees are sick that is a different story, as they can follow the right procedure to seek sick leave.

Does overtime work amount to Forced Labour?

Working overtime can only amount to forced labour if an employee did not consent to working overtime. In other words, if there has never been any agreement between you and your employees to require them to work beyond ordinary working hours and you order them to work overtime then it will amount to forced labour.

If I order employees to work in cases of emergency can I be charged with imposing Forced Labour?

Some work which might sound like forced labour (no consent of employee is granted) does not fall within the ambits of forced labour. These scenarios include:

• Any work exacted in cases of emergency. 
• Work exacted under the National Defence Act, 1966 for work of a purely military nature.
• Work that forms part of the normal civic obligations of a citizen of Tanzania.
• Work exacted from a person who is convicted by a court of law, provided the work is supervised by a public authority and the convict is not hired or placed at the disposal of a private person.

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Posted in: Labour Globally,News