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NRT HR POLICY & PROCEDURE MANUAL 2015 1 Private Bag - Isiolo, Kenya HUMAN RESOURCE POLICY AND PROCEDURE MANUAL REVIEWED AUGUST 2015

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Page 1: HUMAN RESOURCE POLICY AND PROCEDURE MANUAL · nrt hr policy & procedure manual 2015 1 private bag - isiolo, kenya human resource policy and procedure manual reviewed august 2015

NRT HR POLICY & PROCEDURE MANUAL 2015 1

Private Bag - Isiolo, Kenya

HUMAN RESOURCE POLICY AND PROCEDURE MANUAL

REVIEWED AUGUST 2015

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NRT HR POLICY & PROCEDURE MANUAL 2015 2

FOREWARD Northern Rangelands Trust (NRT) is committed to fulfilling its mission of developing resilient community conservancies that transform lives, secure peace and conserve natural resources. This manual has been designed to provide a comprehensive set of procedures and policies covering a wide variety of employment situations encountered in our day-to-day interactions in the office environment across all regions that make up the Northern Rangelands Trust Limited (NRT). In compiling the manual we have concentrated on what is considered as best practice in terms of Human Resources management. However, those elements of current practice prevailing within the Company that constitute good practice have also been incorporated. This manual is not legally binding and does not form part of any contract of employment. With this in mind it is important that all employees are aware of the procedures to be adopted and the policies to adhere to. At this point it is sensible to differentiate between policy and procedure. Policy can best be defined as the manner in which NRT intends to resolve a particular issue in line with the organisations overall aims; procedures constitute the steps required to ensure the policies are adhered to. Policies are defined as continuing guidelines on the approach the Company intends to adopt in managing its people. They define the philosophies and values of the Company on how people should be treated, and from these are derived the principles upon which managers are expected to act when dealing with personnel matters. NRT recognises the importance of the human resources that it employs and these policies are meant to define the psychological contract that binds the working relationships between the employees and the Company and what the two should expect from each other. Human Resource policies will therefore provide frameworks within which consistent decisions are made within the organisation. They are intended to provide the opportunity upon which equity may be promoted in the way in which people are treated. As appropriate amendments will be necessary for the purpose of updating existing information and for introducing new subject matter from time to time. As the changes occur the appropriate pages will be amended and re-distributed. In addition, a summary sheet will be dispatched indicating the changes that have occurred, which pages have been amended and which pages are completely new. Throughout the manual, unless otherwise stated, words imparting the masculine gender include the feminine. Welcome to the NRT family and hope you will find your career rewarding with us. DR. MIKE HARRISON CHIEF EXECUTIVE OFFICER

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[E1]

Table of Contents SECTION 1 ..................................................................................................................................... 7

1.0 INTRODUCTION .................................................................................................................... 7

2.0 PRINCIPLES GOVERNING THE OPERATIONS OF THE NORTHERN RANGELANDS TRUST ……………………..10 3.0 GUIDELINES OF TERMS AND CONDITIONS OF EMPLOYMENT…………………………………………………………..12

3.2.4 Staff Selection .................................................................................................................. 15

3.2.5. Power to Appoint ............................................................................................................ 15

3.2.6. Confidential Reference ................................................................................................... 15

3.3.1 Letter of Appointment............................................................................................. 16

3.3.2 Date of Appointment............................................................................................... 17

3.3.3 Appointment to Probation and Permanent Employment ............................................ 17

3.3.3.1 First appointment ...................................................................................................... 17

3.3.3.2 Unsatisfactory Performance ................................................................................ 18

3.3.4 Procedure for Confirmation for New Employees ........................................................ 18

4.0 TERMS AND CONDITIONS OF EMPLOYMENT ............................................................. 19

4.1 Hours of work. .................................................................................................................... 19

4.2 Punctuality and Attendance ............................................................................................ 20

4.3 Leave Regulations .......................................................................................................... 20

4.3.1 Annual leave ........................................................................................................... 20

4.3.2 Sick Leave ............................................................................................................... 21

4.3.3 Leave of Absence/ unpaid leave ............................................................................. 22

4.3.4 Maternity Leave ...................................................................................................... 22

4.3.5 Paternity Leave ....................................................................................................... 23

4.3.6 Study Leave ............................................................................................................ 23

4.3.7 Compassionate Leave ............................................................................................. 23

4.3.8 Gazetted Public Holidays ........................................................................................ 23

4.3.9 Leave on Termination of Contract .......................................................................... 24

4.3.12 Conflict of interest ......................................................................................................... 25

4.3.13 Political Neutrality .................................................................................................. 25

5.1 Job Descriptions .................................................................................................................. 26

5.2 Job Evaluation ................................................................................................................ 26

5.2.1 Procedure: ............................................................................................................... 26

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5.3 Salary, Overtime, Advances and Loans ......................................................................... 27

5.3.1 Payment of Salary ................................................................................................... 27

v. Salary Corrections .............................................................................................................. 28

5.3.2 Salary Advances...................................................................................................... 28

5.3.3 Loans ....................................................................................................................... 29

5.4 Performance Evaluation Process .................................................................................... 29

5.5 Salary Increments Policy ................................................................................................ 30

5.6 Bonuses ............................................................................................................................... 30

6.1 MEDICAL POLICY ........................................................................................................... 31

6.1.2 In-Patient Medical Cover ............................................................................................. 31

6.2 Group Life/Group Personal Accident/Insurance Schemes............................................. 32

8.2 Eligibility for Sponsorship for Long Term Courses ...................................................... 38

8.3 Eligibility for Short Term Courses ................................................................................. 39

8.4 Self-Sponsored Courses ................................................................................................. 39

8.5 Private Training Not Required by NRCL ...................................................................... 40

8.6 Membership to professional bodies................................................................................ 40

8.7 Course Approval ............................................................................................................ 40

8.8 Study Leave .................................................................................................................... 40

8.7.1. Paid Study Leave .................................................................................................... 40

8.9.1 Trainee Obligations ...................................................................................................... 41

8.9.2 Progress reports ....................................................................................................... 41

8.10 Bonding ...................................................................................................................... 41

8.11 Funding for Training Programmes ............................................................................. 41

8.12 Implementation Strategy ............................................................................................. 41

8.13 Monitoring, Evaluation and Feedback ........................................................................ 42

9.1 Principles of Internship .................................................................................................. 42

9.2 Objectives ....................................................................................................................... 42

9.3 Recruitment of Interns .................................................................................................... 43

9.4 Terms of Service ............................................................................................................ 43

9.5 Stipend ............................................................................................................................ 43

9.6 Group GPA WIBA ......................................................................................................... 43

9.7 Accommodation ............................................................................................................. 43

9.8 Monitoring and Evaluation............................................................................................. 43

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9.9 Termination .................................................................................................................... 44

10.1 Procedure .................................................................................................................... 44

10.2 On-going Performance Appraisal ............................................................................... 44

10.4 Recognition and Commendation ................................................................................ 45

11.1 Statement on Harassment .................................................................................................. 46

11.2 Purpose .............................................................................................................................. 46

11.3 Definition .................................................................................................................... 46

11.4 Conditions that Qualify as Harassment ...................................................................... 47

11.5 Reporting Harassment Cases ...................................................................................... 47

11.6 Making a Formal Complaint....................................................................................... 47

11.7 Confidentiality ............................................................................................................ 48

11.8 Sanctions that May be Applied ................................................................................... 48

11.9 Representation ............................................................................................................ 48

12.1 Medical Test...................................................................................................................... 49

12.2 Occupational Safety .................................................................................................... 49

12.4 Drug and Substance Abuse ......................................................................................... 50

12.5 Management of HIV & AIDS and Other Diseases Associated With Stigma ............. 51

12.5.1 NRCL’s Response to HIV and AIDS ......................................................................... 51

13.1 Policy Objectives ........................................................................................................ 52

13.2 Procedure .................................................................................................................... 52

13.2.1 Phase 1: Verbal Discussion ..................................................................................... 52

13.2.2 Phase 2: Pre-grievance Hearing .............................................................................. 52

13.2.3 Phase 3: Grievance Hearing .................................................................................... 52

13.2.4 Phase 4: Judgment................................................................................................... 53

13.2.5 Phase 5: Conclusion ................................................................................................ 53

14.1 Policy ................................................................................................................................ 54

14.2 Warnings ..................................................................................................................... 54

14.3 Types of indiscipline .................................................................................................. 54

14.4 Disciplinary Procedure ............................................................................................... 55

14.4.1 Step 1: Verbal Warning .......................................................................................... 55

14.4.2 Step 2: First Written Warning ................................................................................. 55

14.4.3 Step 3: Second Written Warning ............................................................................ 56

14.4.4 Step 4: Final Written Warning ................................................................................ 56

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14.4.5 Step 5: Final Decision and Action .......................................................................... 56

14.4.6 Probationers ............................................................................................................ 58

15.0 PERSONAL RECORDS ................................................................................................... 60

15.1Policy ................................................................................................................................. 60

15.2 Personal File Access ......................................................................................................... 61

15.2.1 Policy ......................................................................................................................... 61

15.3 Reporting Changes in Personal Records .................................................................... 61

15.3.1 Procedure ................................................................................................................ 61

16.0 SEPARATION ...................................................................................................................... 61

16.1.1 Notice of separation ............................................................................................... 61

16. 1.2 Involuntary termination ............................................................................................ 61

16.1.2 Voluntary and Other Terminations ......................................................................... 62

16.2 Resignation ................................................................................................................. 62

16.2.1 Procedure ................................................................................................................ 62

16.3.1 Retirement Age ...................................................................................................... 63

16.3.3 Procedure ................................................................................................................... 63

16.4 Redundancy/ Layoffs .................................................................................................. 63

16.4.1 Provisions ................................................................................................................ 64

16.4.2 Reinstatement .......................................................................................................... 64

16.4.3 Procedure ................................................................................................................ 64

16.5 Exit Procedure ............................................................................................................ 64

16.6 Testimonial and confirmation reference ..................................................................... 65

16.7 Clearance certificate ................................................................................................... 65

16.8 Certificate of Service .................................................................................................. 65

16.6.1 Procedure ................................................................................................................ 65

16.7 Death of an employee ................................................................................................. 65

16.7.1 Procedure ................................................................................................................ 65

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SECTION 1

1.0 INTRODUCTION

The Northern Rangelands Trust Human Resource (HR) Policy has been guided by the relevant national labour laws, the Trust’s Mission and recognition that it is the attitudes, knowledge, skills and competence of its staff which will determine its success. 1.1 PURPOSE AND SCOPE OF THIS MANUAL

The purpose of this policy document is to set out guidelines designed to assist all NRT staff undertake their operational responsibilities without impediment or conflict.

This is the first Human Resources Policy and Procedures Manual developed by Northern Rangelands Trust and replaces any previous regulations hitherto in force relating to any matter contained herein.

Nothing in this manual is intended to create a contract either expressly or implied between the Trust and its employees for either employment or any benefit. The Chief Executive Officer has authority to amend or vary these regulations at his discretion. In exercising such powers, the CEO shall take into consideration;

a) Any directive or instruction from the government b) Any directives issuing from the Board and or the Council of Elders c) The desirability of having Terms and Conditions of Service for staff related as closely as is

practicable to those obtained in other comparable organizations

This manual should be read in conjunction with an employee’s letter of appointment. Except where specified, the letter of appointment takes precedence over the Terms and Conditions stated in the manual. In the implementation of the policy where it conflicts with the national Laws, the latter shall prevail.

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1.2 DEFINITION OF TERMS In this Manual, unless the context otherwise requires, the words and expressions have the following meanings:

a) “Basic Salary” Actual salary excluding any allowances

b) “Board” Board of Directors/ Trustees of the Northern Rangelands Trust

c) “Chairman” Chairman of the Board of Directors/ Trustees

d) “Chief Executive Officer” The top executive of the Company who shall have the general responsibility of coordinating and executing the policies of the Company and shall be accountable to the Board/ Chairman for the Performance of the Company

e) “Company” means the Northern Rangelands Company Limited

f) “Council of Elders” Means the ultimate governing body of the Northern Rangelands Trust as defined by the Trust deed

g) “Employee” Any person currently employed, or on leave of absence. The term does not include applicants for employment

h) “Gross salary” salary inclusive of allowances like house allowance, commuter allowance, among other

i) “Head of Department” Officer in charge of a department

j) “Leave year” The 12(twelve) month period from 1st January to 31st December both dates inclusive

k) “Manual” Guidebook on Human Resources Management practices and procedures

l) “Officer” Any person in the employment of the Trust, also known as employee or member of staff

m) “personal file” Any record maintained within the Trust that has been used or will be used to effect any employee’s qualification for employment, promotion, transfer, additional compensation or disciplinary action

n) “Pro rata” Computation of benefits for the period served in relation to the full term entitlement

o) “Spouse” The legal marriage partner of an officer of the Trust specified under the Marriage Act

or in accordance with the relevant customary law. A spouse must be disclosed to the Trust at the time of an officers’ appointment or at the time the marriage occurs, whichever comes earlier.

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p) “Trust” This means the Northern Rangelands Trust including its subsidiary entities the Northern

Rangelands Company and the Northern Rangelands Land Company

q) “Working day” Monday to Friday other than a gazetted public holiday.

1.3 ABBREVIATIONS AIDS Acquired Immune Deficiency Syndrome CEO Chief Executive Officer CFO Chief Finance Officer COE Council of Elders COO Chief Operating Officer CPO Chief Programmes Officer HIV Human Immunodeficiency Virus HOD Head of Department HR Human Resource HRM Human Resource Manager HRO Human Resources Officer NRT Northern Rangelands Trust NRTT Northern Rangelands Trust Trading NRCL Northern Rangelands Company Limited NRLCL Northern Rangelands Land Company Limited SMT Senior Management Team

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2.0 PRINCIPLES GOVERNING THE OPERATIONS OF THE NORTHERN RANGELANDS TRUST

2.1 Legislation All employees of the Company will be required to comply with all the Laws of Kenya.

2.2 Organizational Description The Northern Rangelands Trust (NRT) is a nonprofit umbrella organization supporting community conservancies in northern Kenya. Registered in 2004 as a Trust, NRT strives to support well governed community conservancies, encourage stable wildlife, build resilient livelihoods, foster peace and security, grow enterprise in member conservancies, and enhance productive rangelands and forests. To further its objectives, the Northern Rangelands Company Limited and the Northern Rangelands Land Company Limited were registered. All employees of the NRT Group are therefore by extension, employees of the Northern Rangelands Company Limited (NRCL). This Manual therefore applies to all employees of NRCL.

2.3 NRT Mission To develop resilient community conservancies that transforms lives, secure peace and conserve natural resources.

2.4 NRT Core values are;

Respect for traditional pastoral and other community values

Co-existence of livestock, people and wildlife

Community –led decision making

Meaningful livelihoods through wildlife conservation

Competence governance and financial accountability

Equitable distribution of benefits

Environmental, social and economics sustainability in all our work

Apolitical, without allegiance to any political party, creed or race

Credible, measureable results.

2.5 Organizational structure of the Company The NRT organizational structure takes cognizance of principles whose aim will be to facilitate efficiency and effectiveness in our operations by having a clear span of control and the need for unity of command to enhance speedy decision making while retaining accountability at every stage. The NRT structure is flexible and will be occasionally reviewed and updated to better support our mission. 2.6 Location The offices of the NRT are located inside Lewa Wildlife Conservancy, in Buuri District, on the Northern slopes of Mt. Kenya, 3km West of the Isiolo-Meru junction off the A2 (great North Road) Highway.

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2.7 Application of regulation

a) These regulations shall apply to all officers of the Northern Rangelands Trust unless the contents specify otherwise.

b) For special conditions of service relating to various categories of officers, reference may be made to any relevant circular or other administrative rules or standing orders that may be issued from time to time by or on behalf of the Chief Executive Officer

c) The Chief Executive Officer has the authority to use his discretion to waive any provisions of these regulations in any particular case

d) The Chief Executive Officer has authority to delegate either generally, in any particular case, to any officer, powers exercisable by, or duly imparted on him under these regulations.

e) Where an officer or group of officers enjoy rights and privileges at the date of coming into force of these regulation over and above those normally applicable to such officers, these regulations will not withdraw such rights and privileges. These regulations must not, however, be construed as perpetuating such rights and privileges.

f) Where the Chief Executive Officer amends these regulations, such amendments shall be communicated to all officers affected and shall be entered in all copies of this manual.

2.8 General obligation of officers

a) An officer shall be required to serve at such place in the county or outside as the management may determine.

b) An officer shall be required to devote himself entirely to duties of his post during such hours as may be prescribed.

c) The services of an officer are not limited to his letter of appointment or schedule of duties and therefore an officer may be called upon to perform any other duty in furtherance of the objectives of NRT.

d) An officer shall be required to obey all lawful instructions given to them by those persons placed in authority over him/her.

e) An officer may not absent him/herself from duty during working hours, or leave his appointed place of work or proceed to a place other than at which he is usually deployed or exchange duty with any other officer or alter his hours of attendance without explicit permission of his supervisor.

f) The hours of work are normally from 8:00am to 5:00pm however an officer may be required to extend his working hours owing to exigencies of duty. This applies to all officers whether permanently or temporary employed unless different terms are given on appointment.

g) Every officer will be responsible through his immediate supervisor, to the Head of Department for proper, efficient and careful discharge of the duties entrusted to him. Special cognizance must be given to efficiency and economy in the work and in the use of all property of the Company.

h) All officers are required to conduct themselves to the public in a civic and courteous manner. Correspondence received must be dealt with expeditiously and without unsavory language.

i) Officer required to undergo any medical tests shall do so as requested by the Company/ Trust from time to time.

j) Safety of all staff and the public must be the foremost consideration of all employees of the company.

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3.0 GUIDELINES OF TERMS AND CONDITIONS OF EMPLOYMENT The Northern Rangelands Trust is committed to the principles of equal opportunity and will endeavor to provide equal opportunities to all irrespective of sex, race, creed, marital status, colour, religion, political or other opinion, pregnancy, HIV or physical disability. However affirmative action may be applied in special cases to address issues of disability, gender, marginalized or whenever the need arises and as per the guidelines issued by the Government. We recognize the value of culture and individual difference among employees. We believe that these individual differences if properly managed will enable us work efficiently and effectively by creating a productive environment where each employee feels valued and where everyone unique talents are fully utilized to achieve our mission. We will strive to eliminate biases in selection, promotion, performance assessment, compensation and learning opportunities. 3.1 Categories of Employment Every position at the Northern Rangelands Trust is designated into different forms of employment classification, which in turn determines how various human resource policies are applied to that position. The classification of positions is as follows: 3.1.1Employee on Probation A newly employed person will be on probation of not more than six months which may be extended to a further period of not more than six months with the agreement of the employee. 3.1.2 Permanent Employees A permanent employee is one who has successfully completed his or her probationary period, has been confirmed and consistently works normal hours per week/month. This employee is eligible for all the benefits offered by the Company that accrue from their employment and consistent with their grade. 3.1.3 Seconded Employees A seconded employee is one who has been seconded to NRT from other institutions to assist with the activities of NRT. This category of employee is eligible for benefits consistent with their assigned job scale. Employees who are seconded from NRT to other institutions will also be eligible for benefits consistent with assigned pay scales from the benefiting organization. 3.1.4 Temporary/ short contracted employees A temporary / short contract employee is one who is employed for limited periods per month/ per year, ideally not more than six (6)months to cope with variations in workload as well as to alleviate personnel difficulties which may arise from time to time. Such employees are not eligible for employee benefits unless the period of their contract exceeds twelve (12) months. They may however be insured in line with statutory requirements.

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3.1.5 Consultants Consultants are persons hired to conduct specific project related tasks and who have no other responsibilities in the Company. Such persons are likely to be specifically trained or experts. Consultants are paid on a contractually stipulated basis and are not eligible for any employee benefits. 3.1.6 Casuals Casuals are persons hired to perform specific duties on a daily basis or on a piece rate payment system in accordance with the minimum wage guidelines issued by the Government or rates approved by the Chief Executive Officer. Casuals are not allowed to work continuously for more than three (3) months. NRCL shall endeavor as much as possible not to engage the same casuals over a period of more three months to offer as many different casuals as possible an opportunity in line with the company’s Corporate Social Responsibility. 3.2 HUMAN RESOURCES REQUISITION AND PLANNING The policies and procedures for human resources requisition and recruitment at NRT are established to facilitate NRT’s commitment to equal opportunity employment and diversity. NRT’s policy is to hire the best suited applicants to fill vacant positions. In addition, it will ensure that appropriate communication, records and human resource controls are maintained, irrespective of gender, race, tribe, religion or nationality. The Company will comply with the existing Labour laws in force in Kenya.

3.2.1 Procedure

The employment function is centralised in the Human Resource Department and will originate all employment contracts in consultation with the Chief Executive Officer and the Chief Operating Officer. This includes direct contact with prospective employees.

The HR department will maintain an up-to-date headcount that is approved by the Chief Executive Officer and which indicates vacant and filled positions at any given time.

A vacancy may occur in the Company due to separation, demise, promotion or expansion of the Company’s activities. To fill an existing vacancy, the departmental head will be required to prepare a business case in writing and complete an employment requisition form. The request should be accompanied by a job description and job specification.

3.2.2 Establishment of new posts

a) When preparing the annual budget and project budgets, every department shall submit a staff budget stating existing, filled, and unfilled posts. The Chief Executive Officer shall approve the annual staff budget.

b) Where a necessity arises for creation of new posts below the rank of a Head of Department, the Head of Department concerned shall submit a request for the new posts to the Chief Executive Officer stating:-

(i) reasons for the creation of the additional posts; (ii) the job specifications and descriptions i.e. academic and professional qualifications,

experience and duties;

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(iii) confirmation that the additional responsibilities/duties can not be shared out or distributed to the existing staff members;

(iv) that there is no staff member within the department who can carry out the additional duties;

(v) That the additional responsibilities will be of continuous nature, would therefore justify a permanent establishment; or of a temporary nature. (i.e. employment on a casual, temporary or contract basis);

(vi) the salary grade and other financial requirements that are essentially attendant to the new posts;

(vii) Whether the new post is intended to be promotional. c) In all cases, approval must be obtained from the Chief Executive Officer or a staff member

authorized by him to carry out such responsibility. d) In emergency cases and where the positions are to be filled by casual labor, the Chief Executive

Officer’s approval may be dispensed with prior to recruitment. However, the appointment should not be for more than 3 months, during which period the position should be formally recruited.

e) Emphasis shall be placed on maximum utility of the staff in employment to assume new challenges and added responsibility as well as providing an opportunity for career development.

3.2.3 Recruitment

a) The Head of Department will recommend to the Chief Executive Officer that there is an established vacancy, which requires to be filled. In making the recommendation, the Head of Department shall have ensured that the established need is justifiable and that the position is funded.

b) The Head of Department will then prepare a job description of the job/post and may recommend the mode of filling the post either through internal promotion, scouting by senior staff members or by advertisement internally or externally.

c) Where the Head of Department recommends that a post be filled by promotion of existing staff in the department, he shall provide the existing job description of the recommended staff member and a confirmation that the staff member qualifies and is capable of undertaking the full responsibility appertaining to the new post.

d) On receipt of the recommendation, the HRM shall: (i) Ascertain the existence of the vacancy (ii) Ensure that the job description given is adequate (iii) Determine the mode of recruitment

e) Where the mode of recruitment is to be through internal promotion and the staff member recommendation is found to be suitable, the HRM shall recommend to the Chief Executive Officer the officers promotion or recruitment.

f) Where the post is to be advertised, whether internally or externally, the HRM in consultation with the HOD shall prepare a suitable advertisement, detailing the job description, specifications etc, essential for the job.

g) Before external recruitment is considered, the following methods of filling up the post shall first be exhausted:

(i) Promotion of the next junior officer member in the department or a junior officer from another department who has the requisite qualifications and competence to do the job.

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(ii) Internal horizontal transfer of an officer in the same grade to the vacant post. The officer could be from any department in the Company.

(iii) Internal advertisement to attract applications from any staff members within the Company.

h) Having exhausted all the above methods, where it is clear that no suitable candidates exist from among existing employees, the Company shall opt to go to the open labor market to recruit. Recruitment may be direct through the press media and the advertisement should be in conformity with the following: (i) Clear and precise in description of the job qualifications, experience and duties; (ii) Indicate the terms of employment e.g. salary and other fringe benefits attached to the

post as may be deemed necessary. i) The number of times an advertisement will appear in the press will be dependent on the seniority

of the job. j) Recruitment from academic and professional institutions such as the Universities and the

Polytechnic may be used in respect of positions that require professional training but no initial experience. This mode of recruitment may be applied to management trainee positions with the main object to tapping raw talent from such institutions and maturing them up to the Company's systems and culture.

k) Private and public employment agencies may be used in the recruitment and selection of staff for posts, which the Company’s is not well placed to undertake effectively.

l) The HR Department shall maintain a record of applications received in e-copies for future reference in the event of a similar vacancy arising.

3.2.4 Staff Selection

a) Staff selection is the process of determining from among the applicants which one best meets the requirements of the job.

b) The HRM shall be responsible for the coordination and implementation of the selection process. c) In making selection, preference shall be given to qualified and suitable Kenyan citizens.

3.2.5. Power to Appoint

a) Appointments to the posts of Chief Officers or Heads of Departments and other management staff shall be made by the Chief Executive Officer

b) Appointments to other posts shall be done by the Chief Operating Officer on recommendation from the head of department or the interview committee.

c) Temporary and casual staff may be appointed directly by the Head of Department provided that the prior approval of the Chief Executive Officer has been received.

3.2.6. Confidential Reference

a) The Company may seek confidential reference in respect of candidates recommended for appointment. Such reference may be sought after the interview of candidates.

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b) Any false statement made by an applicant in connection with his application for employment should he become an employee, may render him liable to summary dismissal.

3.2.7 New employee paper work New employees shall report to the HR department at the beginning of their first day of employment. On the reporting date, they shall complete the necessary paperwork to result in an ‘employment package’ which will be used to initiate their payroll formalities, appropriate employee benefits and to set up their personal file. Information on pay and mode of payment and the necessary facilities available is also given to the employee. The new employee is required to complete or provide the following information and documents:

Letter of Employment and Terms and Conditions of employment duly signed;

A duly completed employee details form

Copies of the current curriculum vitae and relevant certificates;

Two colour passport-size photographs of the employee and the dependants;

Originals and copies of relevant statutory documents such as identity card, driving license, passport, PIN certificate, NSSF card and original NHIF card or completed application form; and

Bank details.

3.2.8 New employee orientation

The HRM in consultation with the recruiting department will develop an orientation program for the new employee. The employee will be given an opportunity to seek clarification on what may not be clear to him/her about their new job. Orientation periods may vary from a minimum of five (5) days at other departments and to a maximum of thirty (30) days at the recruiting department.

3.3 GENERAL TERMS OF EMPLOYMENT The general terms of employment are guided by the Terms and Conditions as approved by the CEO. All employees are required to read and sign the Letter of Employment. This letter sets out the general contractual obligations which are legally binding between the Company and each individual employee. All material alterations to the Letter of Employment require the signatures of both parties unless otherwise stated. 3.3.1 Letter of Appointment

The Chief Executive Officer or his appointed representative will prepare an employment contract and issue letters of appointment to all persons employed by the Company. A revised letter may be issued as necessary.

The Letter of Employment will contain the following information:

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Name and address of the employee

Position and grade;

Department/ program

Reporting Manager;

Commencement date;

Probation period;

Contract period;

Remuneration;

Tax information;

Working hours;

Leave entitlement;

Notice period

Benefits such as medical and pension;

Confidentiality clause;

Breach of agreement clause;

Termination of employment

Agreement clause.

3.3.2 Date of Appointment

Every direct appointment shall take effect from the date the employee reports on duty.

3.3.3 Appointment to Probation and Permanent Employment

The Company recognises two separate conditions which result in staff members being placed on probation.

3.3.3.1 First appointment

New employees shall be hired on a six months probationary period. This period is set up to accommodate the employee and the departmental supervisor. It is a period of adjustment and adaptation at both the personal level and the job requirement level. The employee is expected to meet or exceed the initial demands of the position during this period. It is also a time for adjustment to the Company’s overall policies and work procedures.

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If during this period the employee fails to adapt successfully to the requirements of the position, for example; has a discipline case/s or fails to perform duties as per set targets, employment may be considered for termination. The department supervisor in liaison with the HR department will compile a report for deliberation by Senior Management Team. Discussion and counselling will be employed before termination is recommended.

The new employee is made aware of probation through the interview process and the Letter of Employment. Probationary period shall be six months for all employees unless otherwise stated in the Letter of Employment.

3.3.3.2 Unsatisfactory Performance

An employee may be placed on probation for a designated period of time(not more than six months) if it is recognised that serious performance deficiencies exist but are within the employee’s ability and desire to correct. This probation period occurs during employment but after the successful completion of the initial (6) six months probationary period which is mandatory for all new employees. It is a course of action which delays or avoids the discharge of the employee. It should be used sparingly and only where the supervisor sees evidence of sincere desire from the employee to address identified shortcomings. A letter placing the employee on probation should be issued to the employee and filed in the personal file of the employee for the time period in question. Specific areas of improvement should be documented in the letter and a performance review prepared at the end of the period if the employee is to be retained.

Salary increases shall not be granted during a probationary period. The Company or the employee on probation may terminate the employment contract by giving not less than seven days’ notice of termination of the contract, or by payment, by the employer to the employee, of seven days’ wages in lieu of notice.

3.3.4 Procedure for Confirmation for New Employees

Subject to satisfactory recommendation from referees, management will review/appraise the candidate with the aim of judging performance for confirmation. If the progress has been satisfactory, the employee will be confirmed as permanent and will receive a letter of confirmation from the Chief Executive Officer.

However, if the performance has been unsatisfactory, the employee’s services may be terminated or the probation period extended for a further period of six months.

During this program, performance is appraised at the end of the probationary period against specific objectives agreed with the immediate supervisor which will determine whether or not the new employee will be confirmed. A formal review is forwarded to the HR Department at the end of the period. A final review will determine whether or not the new employee will be confirmed.

3.3.5 Restriction on Recruitment of Minors No person below the age of eighteen years shall be employed by the Company.

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3.3.6 Re-Hire

Any employee who voluntarily terminates their contract of employment with NRCL in good standing is eligible for re-employment. The record of prior employment must indicate that the employee’s performance met acceptable standards. Any employee who was involuntarily released by NRCL and whose record of prior employment was unsatisfactory as determined by the organization in its sole judgment is ineligible for reemployment. Any former employee reapplying is subject to compliance with all other employment policies in effect at the time of reapplication. A rehired employee will be considered as newly hired employee.

4.0 TERMS AND CONDITIONS OF EMPLOYMENT

The terms and conditions of employment of the members of staff are as contained in their individual letters of appointment and are also governed by the Employment Act 2007 and any other labor related regulations in Kenya.

4.1 Hours of work.

This section defines a regular work schedule for all employees. The official working week consists of five (5) working days from Monday to Friday. Heads of Department are responsible for ensuring that the regular hours of working are adhered to.

The official work week for all employees at the Company is:

Working hours: 8.00 am to 5.00 pm, Monday to Friday

Lunch break: 1.00 pm to 2.00 pm, Monday to Friday

4.1.1 Variation Individual working hours may vary according to the job function. Where a specific task demands, an employee may be called upon to work additional hours or over the weekends. In such cases, overtime payment will only apply if stipulated in the Letter of Employment.

An employee may arrange to take some compensatory time off in lieu of extra time worked. However, this time off must be approved in writing by the function head and may only be granted at the convenience of the Company. Compensatory time off is not cumulative and must be taken within the year otherwise it will be forfeited. Approved time off must be forwarded to the HR department for record.

In addition, the CEO may upon his discretion agree special conditions including flexibility of work location for certain employees whose effective work performance may not necessarily require their full time presence in head office or any other designated place of work.

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4.2 Punctuality and Attendance

A record of attendance shall be maintained in every department. Excessive absenteeism where an employee constantly fails to report to work without permission and/or excessive lateness adversely affects productivity and over-burdens other employees who must cover for the absentee. These are grounds for disciplinary action, up to and including dismissal.

4.2.1 Punctuality

Being on time is important to the effective operation of the Company. It is the responsibility of every employee to be at his/her place of work by the scheduled starting time. In the event that an employee is not able to be at his/her place of work on time, he/she should notify the respective Supervisor in good time. Three or more occurrences of lateness within a thirty day period without valid reasons will result in disciplinary action.

4.2.2 Attendance

Occasionally, it may be necessary for an employee to be absent from work as a result of illness, injury or personal reasons. In such cases, employees are expected to give their Supervisors sufficient notice before the scheduled starting time. This notification is necessary to facilitate proper arrangements for work in the absence of the employee.

4.3 Leave Regulations

The Company provides leave with full pay for all eligible employees for the purpose of rest and relaxation. It is in the interest of the physical and mental wellbeing of employees that they avail themselves their annual leave on a regular basis each year and not allow the annual leave to fall in arrears.

The Company will also show support for employees going through difficult situations by allowing time off during bereavement. Such an employee will be entitled to paid compassionate leave of up to (ten) 10 working days in a calendar year.

NRCL provides the following types of leave:

Annual leave;

Sick leave;

Unpaid leave;

Maternity leave;

Paternity leave;

Study leave;

Compassionate leave;

Leave on termination of contract;

Examination leave

4.3.1 Annual leave

Eligible employees are entitled to time off with pay for vacation or other personal reasons as stipulate in their letters of employment.

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4.3.1.1 Procedure

An employee will be eligible for annual leave at the commencement of a’ leave year’ except in the case of a newly appointed employee who will be required to complete a minimum of six months before being granted annual leave. For this purpose,’ leave year’ will commence on 1st January to 31st December.

4.3.1.2 Calculation

Annual leave for a newly appointed employee will be calculated on pro-rata basis only for the year of his/her appointment.

4.3.1.3 Entitlement

Annual leave entitlement applies to all employees other than casual and temporary employees whose leave entitlement is as stipulated in their contract agreement.

Employees become eligible for leave after completion of probation period (six months) with the Company. However, a new employee may proceed on leave for short periods of time as agreed with the departmental head for purposes of attending to personal emergency situations or for fulfilling previous commitments.

Leave periods should be scheduled as far in advance as possible and should be approved by the employee’s Head of department at least one week prior to the date requested.

Request for leave must be made on the standard Leave Application Form and signed by the employee’s supervisor/Manager. The form should be sent to the HR department for verification of actual entitlement against the number of days requested. A copy of the duly filled and signed leave form is filed in the employee’s personal records.

Employees are encouraged to take all their annual leave within the stipulated leave year. Unless under special arrangements, only 5 days of leave may be carried forward to the following year. Previous year’s leave of more than 5 days still outstanding and not applied by 31st December will be forfeited. Similarly, leave days may not be borrowed from future years.

The Head of department and the employee should organise distribution of work or appoint a person to perform the employee’s duties for the period he/she will be away. There should be adequate arrangements for an effective hand-over of duties to ensure smooth continuance of business during the employee’s absence.

It is the policy of NRCL NOT to encash any leave. Every employee is encouraged to take annual leave and rest. Commutation of leave will only be considered with the CEO’s approval.

4.3.2 Sick Leave

NRCL realises that an employee may be unable to work due to illness or injury. NRCL will grant sick leave on the recommendation and/or advice of an approved medical practitioner. Employees absent from work due to illness must obtain a medical certificate from a medical practitioner/doctor for the duration of their absence.

All absence due to illness must be reported to the immediate manager as soon as possible and within the first day of absence. Supporting medical documents must be attached to the sick leave form signed by the

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reporting manager and sent to the HR office. Unsupported sick leave will be recovered from the employees leave entitlement and or salary.

An employee is entitled to a maximum of up to one hundred and eighty (180) sick-off days in any calendar year. Sick leave is not cumulative and will not be carried over to the next year.

In the event of illness, absence from work/sick leave will be permitted for a period of:

The first sixty (60) days on full monthly pay (in one calendar year);

The next sixty (60) days on half monthly pay (in one calendar year).

Thereafter sixty(60)days unpaid (in one calendar year)

Where illness is continuous beyond one hundred and eighty (180) days, NRCL shall be entitled to terminate this Contract forthwith or on such date as may be specified in a written notice from NRCL to the Employee. Upon such notice being given the employment hereunder shall terminate and the Employee shall have no claim against NRCL in respect of such termination.

4.3.2.1 Illness While on Leave

In the event of illness occurring while an employee is on annual leave or any other form of leave, the period of absence will continue to be regarded as the original leave for the full period of the illness, but if the illness extends beyond the expiry of leave being taken, sick leave will be granted if necessary from the end of the leave period.

4.3.3 Leave of Absence/ unpaid leave

Unpaid leave may be granted to an employee for exceptional reasons such as a sabbatical or compelling personal reasons.

All applications for such leave shall be sent to the HR department with a recommendation from the departmental and approval sought from the Chief Executive Officer. All such applications shall confirm that all leave due to the employee has been utilised.

A leave of absence / unpaid leave will run for a maximum period of one year. If during the period the officer is on a leave of absence/ unpaid leave a replacement of the officer is appointed, the officer returning from leave will be required to re-apply for the position and such application would be considered subject to a suitable position being vacant.

4.3.4 Maternity Leave

NRCL will grant maternity leave to female employees who require to be absent from duty on account of confinement.

The leave entitlement will be three (3) calendar months with full pay in any one year. Where an employee requires more time before or after childbirth over and above the stipulated entitlement, she may apply for annual or unpaid leave up to a maximum of one (1) month.

A female employee shall not forfeit her annual leave on account of taking maternity leave.

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On resumption of duty, the employee will be entitled to work up to 4:00pm as opposed to up to 5:00pm earlier to go home earlier to attend to her baby until the baby turns one (1) year old.

A female officer on maternity leave shall not incur any loss of privilege during such period.

4.3.5 Paternity Leave

A male employee shall be granted paternity leave with full salary for a maximum of two (2) weeks or ten (10) working days in any one year.

The paternity leave shall be taken within one (1) month of the birth of the new born, otherwise it shall be forfeited.

4.3.6 Study Leave

NRCL will grant study leave to employees pursuing additional academic or professional qualifications. The study leave will be granted on basis of identified needs for the company and approved by the Chief Executive Officer.

The approval and duration of the study leave will be dependent on the relevance of the course to be undertaken, resource availability and the duration of the course. During such period, the officer shall forfeit all eligibility to salary and other benefits during that period. Other terms of the study leave will be detailed in the employees letter granting the study leave.

An employee who is enrolled to study in a course relevant to his duties, may, be entitled to ten ( 10) days study leave in a calendar year. Study days may be taken at the employees discretion, however at least seven (7) days’ notice should be provided prior to the desired a study day. Additional study days will be deducted from the employees annual leave entitlement. Where study days clash with work commitments, work will take precedence.

4.3.7 Compassionate Leave

On compassionate grounds such as serious illness or death of an immediate member of the family (father, mother, sibling, spouse or child), such leave may be granted for up to 10 (ten) days a year. The affected employee must notify the HR department immediately a death of a family member occurs.

4.3.8 Gazetted Public Holidays

NRCL observes all official public holidays as gazetted by the Government.

The following are the current gazetted public holidays:

4.3.8.1 General

New Year’s Day January 1

Good Friday*

Easter Monday*

Labour Day May 1

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Christmas Day December 25

Boxing Day December 26

Idd Ul Fitr*

4.3.8.2 National

Madaraka Day June 1

Mashujaa Day October 20

Jamhuri Day December 12 *As provided annually

4.3.8.3 Religious Holidays

Employees whose religious holidays do not fall within the public days specified above, may, subject to exigencies of service, be allowed to take such religious holidays up to a maximum of two (2) days off duty each leave year to enable them take part in the observance of religious or community festivals recognised by their religious denominations.

Any leave granted under this regulation shall be applied for and authorised in advance. It shall be on full pay and shall be additional to earned leave. Any other day proclaimed to be a Public Holiday by the Government of Kenya shall be observed. Where a Gazetted Public Holiday coincides with an employee’s off day, that day shall be deemed to be an additional off day.

4.3.9 Leave on Termination of Contract

An employee who has not availed himself/herself for the annual leave due for the year in which his/her employment ceases will be entitled to terminal leave in accordance to section 28(1)(b) of the Employment Act (2007) which reads as follows:-

“Where employment is terminated after the completion of two or more consecutive months of service during any twelve months’ leave-earning period, an employee shall be entitled to not less than one and three quarter days of leave with full pay, in respect of each completed month of service for that period, to be taken consecutively”.

4.3.10 Off duty/off days

It is the requirement of the law that all employees be granted one clear day off duty in every period of seven days. This rest day may be any day of the week and not necessarily on Sunday.

The off- duty days must be taken under the following from conditions:

The off-duty days must be properly recorded as per defined company procedures

The off-duty days must be authorized by the supervisor and this will depend on the work volumes at any given time.

In cases where an officer has not taken the entitled/ earned off-duty days, he may trade in days to be added into the annual leave entitlement.

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Where the officer has taken excess days beyond his entitlement, the extra days will be deducted from his annual leave days. In the absence of leave days, these will be deducted from the salary.

4.3.11 Business ethics and code of conduct The successful business operation of and reputation of NRCL is built upon the principle of fair dealing and ethical conduct of our employees. Our reputation and excellence requires careful observance of the spirit and letter of all applicable laws and regulations as regard to the highest standards of conduct and personal integrity. 4.3.12 Conflict of interest

Employment by the Company carries with it a responsibility for one to be constantly aware of the importance of ethical conduct. The policy of the Company is to conduct its activities and transactions with honesty and integrity, and in accordance with moral, ethical and legal standards. Any officer who has a possible conflict of interest will ebb required to disclose it to the Chief Executive Officer who shall access it and the extent if affects the operations of the company and approve or disapprove its engagement. 4.3.13 Political Neutrality

An employee, shall not, in connection with the performance of his duties:

Act as an agent for, or so as to further the interest of a political party; or

indicate support for or opposition to any political party or candidate in an election; or

Engage in political activity that may compromise or be seen to compromise the political neutrality of his office.

Staff members must discuss any plan to undertake political activity with the Chief Executive Officer

4.3.14 Participation in Trade Union Activities

Officers in the management cadre are prohibited from taking part in trade union activities.

5.0 COMPENSATION AND SALARY ADMINISTRATION

The compensation program has been designed to provide guidance with regard to compensation related responsibilities. This policy aims at encouraging relevant employees to adhere to the set guidelines while at the same time utilising their own judgment and authority to achieve the most effective results. The Chief Executive Officer/ Board will be responsible for approving the compensation administration policy.

The compensation program consists of the following elements:

Documented job descriptions;

Job evaluation;

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Salary ranges, advances, loans; and

Performance evaluation process.

5.1 Job Descriptions

A job holder shall be issued with an appropriate job description. The responsibility to ensure that employees are issued with job descriptions lies with the relevant departmental head. The job description will detail the job holder’s duties and responsibilities and will form the basis for the annual performance appraisals to determine annual salary increments.

5.2 Job Evaluation

Job evaluation is a means of determining how jobs should be ranked on the basis of the education and training required, the complexity of the work involved and the responsibility the employee must bear for the results of the work.

The purpose of NRCL’s job evaluation process is to:-

Establish a clear identification of each position by job title and description;

Establish a series of salary grades, and with the help of salary surveys, establish salary ranges for each of these grades;

Through a careful job analysis, determine the training, initiative, responsibility, job conditions and supervision qualifications necessary for the performance of each salaried job at NRCL; and

Periodically audit changes in job content, and adjust salary ranges in accordance with area and industry practice.

5.2.1 Procedure:

The HRM in consultation with COO is in charge of administering the job evaluation plan with the approval of the CEO and assistance of the SMT. The SMT is responsible for the correct and current evaluation of all salaried positions covered by the plan. Occasionally, a supervisor may determine that a position that he/she supervises is either improperly evaluated or has changed substantially since the time of the initial job evaluation. The following procedure should be followed when this occurs:

The supervisor will notify the HR department and request a meeting to discuss the position and the action required;

If the supervisor and the HR department representative jointly determine that the job has been improperly evaluated or has changed substantially, the employee who currently holds the job in question and the supervisor should work together to fill out a role profile that they feel portrays the job accurately. A log of activities performed may also be prepared; and

The HR Department will study the completed role profile and will evaluate the position with the help of the supervisor and the evaluation committee (SMT). Once agreement has been reached, the HR department should change all the necessary records and make any required salary adjustments.

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5.3 Salary, Overtime, Advances and Loans

5.3.1 Payment of Salary

It is a policy of the Company to pay salaries promptly after the necessary statutory deductions have been made. An individual employee’s remuneration package is confidential and should not be discussed with other employees.

5.3.1.1 Procedure:

i. When salary commences

An officer engaged in Kenya will be deemed to have been engaged on the first day the officer reports for duty and the salary shall be deemed from the date.

Where an officer appointed to act in a vacant position is confirmed therein, he will be paid the full salary of that office from the date on which he is held to have been confirmed in it, and from that date, he will not be entitled to any acting allowances he has been paid previously.

ii. Pay cheques

The pay period for all permanent employees is monthly in arrears, with salaries being processed no later than the last day of the month. Net payments are sent directly to the bank accounts of employees. No salary will be paid in cash.

iii. Salary/Payroll Deductions

NRCL is required to withhold statutory deductions and relevant taxes from each employee’s gross salary. Additionally, deductions will be made from an employee’s salary for benefits such as retirement contributions, medical premiums, advances and other monies owed to the Company as well as any other amount specified by the employee such as insurance and mortgage repayments. Employees should complete the necessary paperwork and inform the HR Department in writing of those deductions they authorise at the beginning of their employment or when they occur. All changes to the payroll must be effected in writing through a Pay Change Advice (PCA).

Other deductible payments include: i. A reasonable amount for any damage done to, or loss of, any property lawfully in the

possession or custody of the employee occasioned by the negligence or willful default of the employee;

ii. An amount not exceeding one day’s wages in respect of each working day for the days of which the employee without leave or other lawful cause, absents himself from the premises of the employer or other place proper and appointed for the performance of his work. An employee who absents himself for half a day will lose the day’s salary.

iii. An amount equal to the amount of any shortage of money arising though the negligence or dishonesty of the employee whose contract of service provides specifically for his being entrusted with the receipt, custody and payment of money;

iv. Any amount paid to the employee in error as wages in excess of the amount of wages due;

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v. Any amount the deduction of which is authorized by any written law for the time being in force;

vi. Any amount in which the employer has no beneficial interest whether direct or indirect, and which the employee has requested the employer in writing to deduct from his wages;

vii. An amount due and payable by the employee under and in accordance with the terms of an agreement in writing, by way of repayment or part repayment or a loan of money made to him by the employer, not exceed fifty per cent of the wages payable to that employee after the deduction of all such other amounts as may be due from him under this section;

viii. Such other amounts as the Minister may prescribe

iv. Deductions Regulations i. An employer shall make no deduction from the wages payable to an employee as an

advance of wage in consideration of, or as a reward for the provision of employment for that employee, or for retaining the employee in employment.

ii. Without prejudice to any right to recovery or debt due, and notwithstanding the provisions of any other written law, the total amount of all deductions which, under the provisions of sub-section (i), may be made by an employer from the wages of his employee at any one time shall not exceed two-thirds of such wages or such additional amounts stipulated by the Minister of Labour either generally or class of employers or employees of any trade or industry. An employee must retain a third of his gross pay as net pay.

Where an employee incurs any shortage as defined in point (ii) above, such employee shall be required to make up for such shortage to be deducted on a monthly basis at an agreed rate with the management.

v. Salary Corrections

NRCL takes all reasonable steps to ensure that the employees receive the correct amount of pay in each pay check and the employees are paid promptly on the scheduled payday. In the event that there is an error for pay, the employee should promptly bring the discrepancy to the attention of the HRM so that corrections can be made promptly.

vi. Taxes

NRC deducts taxes from the employee’s monthly gross salary and allowances and pays relevant taxes to the Kenya Revenue Authority on behalf of each employee. Employees are required to submit their personal tax returns to the Kenya Revenue Authority annually as stipulated by law.

5.3.2 Salary Advances

A salary advance may be granted to an employee owing to unforeseen circumstances which places him/her in a difficult financial position requiring assistance from the Company.

All salaried employees are eligible for Salary Advance up to a limit of not more than two (2) times an employee’s monthly net salary, provided that:

The employee does not currently have any outstanding salary advance.

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If the salary advance is recovered in more than three months the same shall attract taxation as per the provision of the income tax rules.

Employees are expected to ensure that they comply with the one third (1/3) rule where their total deductions do not exceed two third (2/3) of their gross salary.

5.3.2.1 Procedure I. The officer will then forward the request to the HR department who will confirm conformity with

the regulations. II. The request will then be forwarded to the CFO for approval

5.5 Salary on promotion

An employee promoted to higher office shall, where his salary is below the minimum of that new office, be awarded an increase and be placed on the minimum of the new salary scale, provided that an employee whose salary has been reviewed in the previous six months will not be eligible for another salary review within a period of six months of the last review.

The employee promoted to a higher office and whose salary is above the minimum of the new grade shall be awarded one increment on the scale.

Any case of promotion to an office carrying salary on an incremental scale in which the application of the arrangements set out in this regulation is unsuitable or would act to the disadvantage of the employee, will be referred to Chief Executive Officer.

5.3.3 Loans

NRCL does not give loans. However, the company reserves the right to revise this policy as may be appropriate.

5.4 Performance Evaluation Process

Performance Reviews allow for both the employee and employer the time to review the expectations of the tasks required within the job function and measure performance against these expectations. Every year the NRCL will compile an annual operational plan that details its key performance indicators for the year.

All Heads of departments are required to discuss with their staff and set their key activities and performance indicators for the year. The same will then be entered into the Performance Management system and used to appraise the staff periodically.

NRCL encourages continuous performance management throughout the year. However to review the progress the company will conduct the mid-year appraisals in July and the end of year appraisals in December.

The review will take place between the employee and the respective line manager. Should any training or development for the role be required, this is the time where these needs can be assessed and addressed.

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The performance evaluation process will be used to determine whether an employee receives an annual increment. Unsatisfactory performance may result in the increment being withheld.

5.5 Salary Increments Policy

a) As annual budgets and funding allow, salary reviews will be done annually and will depend on the performance of the employee during the year immediately preceding the review date.

b) The review date shall be 1st January for employees employed between 1st to 31st June and 1st July for employees employed between 1st July and 31st December.

c) The amount of increase will depend upon the individual employee's performance appraisal or such other basis as may be determined by the Management.

d) Annual increments are not a right and may be withheld, deferred or stopped where an employee’s performance or conduct in the preceding year has been unsatisfactory, or where funds become unavailable.

e) All increments will receive the approval of the Chief Executive Officer. f) A salary increment may be withheld where an employee has not obtained a required professional

certificate or an expected output/standards or some other specified qualification, or there may be some other specified condition imposed.

g) An increment ‘deferred’ means that it has been decided for stated reasons not to grant the increment when due. If the increment is granted subsequently, it may be granted retrospectively as from the date on which it was due. Alternatively, it may be granted without being retrospective. In either case, the employee shall subsequently revert to his original increment date.

h) Where an increment is not granted at all during an incremental year, for whatever reason, only one increment will be granted on the next review date.

i) An increment may not be stopped, deferred or withheld for more than one year, without the Chief Executive Officer’s approval.

j) In all instances specified in paragraph (i) and (g) of this Regulation, the employee must be advised in writing the reason why it has been necessary to take such action.

5.6 Bonuses

Bonuses are not the norm and thus not guaranteed. However, exceptional performance may be recognized according to results of the Annual Performance Review. For exceptional performance, bonuses shall be proposed by the Department Head and forwarded to the CEO for consideration. 6.0 EMPLOYEE BENEFITS It is the policy of the NRCL to communicate all employment matters to its employees. This includes benefits pertaining to different levels/cadres of employees. The policy is aimed at offering a reward package that is competitive within the market in which we operate, is supportive of organizational strategies, and that attracts, retains, and motivates talented employees.

A benefit is any financial instrument that accrues to an employee by virtue of his/her employment and/or rank.

This section details the benefits that exist at NRCL. These benefits are:-

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Medical benefit scheme;

Allowances such as house allowance, commuter allowance, leave allowance and telephone allowance.

Specific benefits are stipulated in individual employees’ letters of appointments/contracts.

6.1 MEDICAL POLICY

6.1.1 Out-Patient Medical Benefit The Company’s staff medical scheme is set to assist permanent a[E2]nd on contract employees towards meeting their genuine medical expenses and at the same time ensuring adequate health service to employees’ at an optimum cost. All staff will be entitled to an outpatient medical allowance which covers the employee, one spouse and up to four of his/her children who are under 22 years of age (or up to 24 years where there is proof of their being students under the care of the parents), allowances payable per grade will be reviewed and approved by management from time to time. Employees upon receiving treatment and drugs shall present receipts to the HR Office for reimbursement. An employee may consider taking up a private/ personal outpatient medical insurance cover for him and the family. In such instances, NRCL will pay the employee the amount the employee is entitled to and in return request for proof of sufficient cover by the employee. Ineligible persons

An employee who is on casual terms of employment and their dependents

Any employee on short term contract of less than one year and their dependents

All expatriate employees

Any spouse or dependents not listed in the employee’s personal file as their dependents.

6.1.2 In-Patient Medical Cover NRCL will source and take out a sufficient in patient cover for all its employees for the purposes of in-patient treatment. Initially the cover will be for the employee only and shall exclude dependents. However, this benefit will be reviewed from time to time depending on availability of funds and may be enhanced as necessary. Details of the cover shall be disseminated to all staff on a regular basis and available in the HR office. Ineligible persons

An employee who is on casual terms of employment and their dependants

Any employees on short term contract of less than one year and their dependants

All expatriate employees 6.1.3 Expatriate medical cover Expatriates employed by NRCL will be paid a monthly medical allowance to enable them get an international health insurance cover for themselves during the course of employment. The amount payable will be reviewed and approved by the Chief Executive Officer.

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6.2 Group Life/Group Personal Accident/Insurance Schemes

All employees shall be covered under a Group Life/Group Personal Insurance Scheme as approved by the management.

NRCL provides work injuries insurance cover to employees at no cost to them. This covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Employees who sustain work related injuries or illness should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported to the Supervisor and HR department immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Neither NRCL nor the insurer will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by NRCL. 6.4 Pension/Gratuity Benefit Scheme

Employees on permanent terms of employment shall be eligible for membership to NRCL’s pension scheme upon confirmation and the terms shall be as contained in the Retirement Benefits Act.

All employees will be required to contribute at least 5% of their basic salary per month to the scheme. The employer will also contribute 5% of the employee basic salary to the scheme.

No officer shall withdraw from the pension scheme as long as he remains an employee of NRCL.

6.5 Gratuity

Employees appointed on contract terms for a period exceeding one (1) year, and those not eligible to join the pension scheme shall be eligible for gratuity as stipulated in the letter of appointment.

Gratuity shall be paid at the rate of 5% of the employee basic salary at the end of the contract period or prorated if the employee hasn’t completed the contract period.

The gratuity will be taxed as per the prevailing laws and regulations on income tax.

6.6 Benevolent Fund

NRCL does not have in place a Benevolent Fund. However members of NRCL are free to join the Lewa Benevolent Fund or any other benevolent Fund. Membership to the scheme is voluntary.

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6.7 Sacco

NRCL does not have a Sacco, however staff are free to join the Lewa Savings and Credit Cooperative Society or any other SACCO. The membership of Lewa Sacco is open to all the Lewa Wildlife Conservancy employees and Lewa affiliated companies including NRCL and Conservancies under the NRT umbrella. 7.0 ALLOWANCES

NRCL may pay to employees such allowances as the Company may determine from time to time

7.1 House Allowance

NRCL does not offer accommodation to its staff. Every employee shall be entitled to a house allowance to enable them get housing around the place of work.

The house allowance shall be paid to an employee every month as part of their compensation package. The rates of house allowance shall be those approved by the CEO from time to time.

Currently NRCL pays House Allowance at the rate of pays 16% of basic salary to all employees. Casuals, consultants and temporary employees will not be entitled to this benefit.

7.2 Leave Allowance

Every employee shall be entitled to a leave allowance. The Leave allowance shall be paid to an employee through the payroll only once in any one (1) leave year. The rates of leave allowance shall be those approved by the CEO. Leave allowance shall not be carried forward from one leave year to the next.

Leave allowance shall not be paid in the following circumstances

i. When an officer does not proceed on leave during the leave earning year

ii. When an officer takes less than one half of his annual leave entitlement in that leave earning year

iii. When an officer is provided with free official transport by the Company

iv. Where an officer resigns, retires, or is dismisses or terminated or dies whilst in the service of the company.

v. However, an officer whose annual leave is deferred due to exigencies of duty and at the written instruction of an authorized officer of the Company, such officer shall be entitled to payment of leave allowance at the time when he proceeds on his deferred leave.

vi. A female officer who proceeds on maternity leave alongside her annual leave will be entitled to payment of leave allowance

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7.3 Commuter / Transport Allowance

Employees shall be entitled to commuter / transport allowance. The rates of commuter allowance shall be determined by the management from time to time and communicated to all staff.

Casual, consultants and temporary employees shall not be entitled to this benefit unless otherwise specified in their contract letters.

7.4 Subsistence Allowance

An officer proceeding on duty outside their duty station shall be entitled to claim reimbursement of subsistence allowance. The specified individual rates in respect to subsistence allowance payable to every category of employee shall be determined by management and reviewed from time to time.

Eligibility for this allowance and the period of absence from the permanent station will be determined in each case, by the Head of Department and approved by the COO, taking into account such factors as the distance, mode of travel, nature of assignment and the time taken to travel from the permanent station to a specified destination.

7.5 Subsistence allowance when travelling on duty outside Kenya

An employee who is required to travel on duty outside Kenya will be granted subsistence allowance at the daily rates approved by management from time to time. However subsistence is only payable if the staff member has not been provided with accommodation or a tent where they have been sent on duty The rates of subsistence allowance which are payable for each complete period of 24 hours commencing from the time of departure from Kenya are designed to meet the cost of reasonable accommodation at averagely priced hotels, three meals a day including service charges, local travelling (such as taxi, bus or train fare), incidental expenses including any taxes and an element in respect of essential entertainment. In addition, travelling expenses incurred from the airport of disembarkation to a hotel or other residential place and vice versa, airport charges, fees for vaccination, visas and passport charges will be refunded. When an employee’s travelling, boarding and lodging expenses are paid in full directly to the hosting institution/hotel by the Company or any other organization; a residual allowance of up to one-quarter (1/4) of the standard rate of subsistence allowance may be paid to him to cover incidental expenses. Where only lodging expenses are covered, subsistence allowance may be paid at three-quarters (3/4) of the standard rate. In cases where the sponsor does not meet the expenses directly but pays an allowance and such allowance is less than the standard rate of subsistence allowance, the officer may claim the difference from the Company. 7.8 Travelling in the Company of a More Senior Employee

Where an employee travels on duty in the company of a more senior employee, each employee shall reside in a hotel commensurate with his grade unless reasons acceptable to the Company are provided for such employee to reside in a hotel other than that which is commensurate with his grade prior to such residence.

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7.6 Telephone Allowance

Owing to the nature of their duties and level of responsibility, some categories of employees may be eligible for telephone allowance. The rates and eligible categories of staff for this allowance will be determined by management.

7.7 Entertainment Allowance

Owing to the nature of their duties, some employees may be required to provide hospitality or entertainment to the Company’s visitors and important foreign or local personalities.

With the prior approval of the Chief Executive Officer such employees may:

Entertain on reimbursement basis such Company’s visitors or personalities; or

Obtain an accountable imprest for purposes of entertaining such Company’s visitors or personalities.

7.8 Transfer Allowance

An employee who is transferred from one duty station to another shall be eligible for transfer allowance in the following manner:

This allowance shall be paid in addition to any other allowance for which the employee is eligible;

No relocation allowance shall be payable if the transfer of such an employee is temporary for instance relief duties or for a period not exceeding three (3) months;

Relocation allowance shall be calculated and paid at the rate of the employee’s one (1) month’s basic salary or at such other rate as the Company may, from time to time in special cases, determine; and

Relocation allowance shall however not be payable where the employee initiates the transfer.

7.9 Acting allowance

When an employee is appointed to act in a higher post by the Company and this is approved by the Chief Executive Officer, an acting allowance shall be paid to him/her at a rate of 15% of his substantive basic salary.

When an Officer who has been appointed to act ceases to act in the position, he/she should be notified immediately. The allowance shall cease to be paid when the acting appointment is revoked.

When a post falls temporarily vacant due to the absence of the substantive holder, an acting appointment should not be made unless the period of such absence exceeds thirty (30) days.

An employee shall act for a continuous period of thirty (30) days or when his acting follows another within an interval of not more than fifteen (15) days and the actual duration of both appointments is more than thirty (30) days to qualify for payment of acting allowance.

An employee appointed on acting capacity shall enjoy the privileges of subsistence allowance but not house allowance and other remunerative allowances assigned to the post.

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Acting appointments shall not be made for posts in the same grade and shall not exceed six months at any given period except with explicit approval of the Chief Executive Officer.

7.10 Special Duty Allowance

When an employee has been called upon to perform work that has a substantial difference from the work from which the officer was appointed to perform, the officer upon recommendation from the Head of Department and approval by the Chief Executive Officer shall be entitled to a special duty allowance of 30% of their basic salary.

Special duty allowance will be paid when an officer who performs the duties in a higher post for a continuous period of not less than thirty (30) days or when the special duty allowance appointment follows another within an interval of not more than fifteen (15) days and the actual duration of both special duty allowance appointments is thirty (30) days or more.

The allowance will not be paid when an officer who has been appointed to perform duties in a higher post is absent from duty for whatever reason for a period of more than thirty (30) days.

If the assignment or project is anticipated to exceed one year and the job duties considered to be of a continuous nature, then a job evaluation should be carried out to determine the substantive position of the job and efforts to make an appointment initiated.

Special duty allowance will not be paid for a period exceeding twelve consecutive months unless efforts to fill the post substantively have been futile and authority is obtained from the Chief Executive Officer

An employee who is performing the duties of a higher post will be eligible for subsistence allowances during the period he is performing the duties of a higher post. However, the officer will not qualify for house allowance or other remunerative allowances assigned to the higher post.

7.11 Responsibility Allowance

For some special cadres of staff who will be required to continuously perform work that requires them to demonstrate resilience and responsibility, a responsibility allowance will be paid at the rate of 30% of the officer’s basic salary. The rates and cadres of employees who qualify for responsibility allowance will be approved by management from time to time.

7.12 Daily Operation Allowance

Circumstances may arise where staff in operational units are called upon for deployment in extra duties outside their designated scope of work or locations (e.g. scouts in pursuit of poachers, etc). NRCL shall pay a daily operation allowance to staff whose nature of work requires so. The rates and cadres of those qualifying for operation allowance at rates approved by management from time to time.

7.13 Overtime Allowance

When it is established that a non-management employee is required to work overtime as a matter of necessity and it is not possible to allow him equivalent time off in lieu of overtime, the employee shall be paid an overtime allowance of 20% of the officers basic salary and at such rates as may be approved by management from time to time.

Management employees shall not qualify for overtime.

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7.13 Domestic staff Allowance

Officers serving in the Senior Management Team will be paid an allowance equivalent to the salary of one (1) domestic servant by the Company as deemed necessary and with the approval of the Chief Executive Officer.

7.14 Hardship Allowance and Extraneous Allowance

NRCL neither provides hardship nor extraneous allowances to any of its employees. Should the same be considered in future, NRCL shall communicate to all staff.

7.15 Travel facilities on duty

NRCL does provide limited transport for its operations. When an officer is required to travel for official business they shall request for a vehicle from the Fleet Manager who shall avail such vehicle from the available fleet subject to approval from the departmental head of the department hosting the vehicle. The Chief Executive Officer may approve travel by air for staff under special considerations. The vehicle shall be driven by duly appointed Company drivers or officers authorized by the Chief Operating Officer with valid driving license appropriate for the particular class of vehicle and familiar with the provisions of the Traffic Act. The Company’s vehicles shall be used for official purposes only. Any person who makes improper use of vehicles shall render himself liable to disciplinary action. The vehicles in use must be duly authorized through an approved or duly signed work ticket. Staff who in absence of the Company’s transport or another cost effective means, may use their private vehicles for official duty with the prior approval the Chief Operating Officer. Where such permission is granted, the staff member will be entitled to claim mileage at the current AA rates or as approved by management from time to time. Where Company transport is not available a private vehicle may be hired at its expense at prevailing rates as approved by management. Where an officer uses public transport, the officer shall be reimbursed at market prevailing rates and as approved by management from time to time.

7.16 Transportation of deceased employees for burial

Transport facilities will be provided at the Company’s expense to the place of burial when an employee or his spouse and up to four (4) children aged twenty two (22) years or below die when the officer is in service.

In addition to free transport, the Company will make a token contribution of Kenya shillings fifty thousand (Kshs.50, 000) in case of the deceased employee and Kenya shillings twenty thousand (Kshs.20, 000) in case of the spouse or child to as funeral assistance.

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7.17 Expense Reporting

Each Supervisor should ensure that their employees who travel on Company’s business, understands proper procedure for requesting reimbursement for covered expenses. Questions concerning specific reimbursable expenses or proper procedures for expenses reporting should be directed to the Finance or HR departments.

All employees involved in financial transactions are responsible for keeping accurate accounting records and reports. All transactions must be supported by accurate documentation recorded in the proper accounting period.

In all cases, where an employee is paid any reimbursable allowance, they shall promptly and honestly account for the same to the Company within 48 hours after completion of the task. Unaccounted amounts shall be recovered from the employee’s salary in full during the next payroll period.

8.0 TRAINING AND DEVELOPMENT NRCL shall strive to have in its employment, employees who are not only qualified but also up to date with information as well as highly motivated to perform their duties. Employees shall therefore be encouraged to pursue various courses/training programmes not only for their personal development but for the overall improved performance of the Company. Subject to budgetary provision, and taking cognisance of the specific technical and skill requirements of each department, NRCL shall endeavour to provide formal training to as many employees in each year as possible to pursue relevant courses or training programmes. Approval of such requests shall depend on exigency of duty, the actual duration of the course, and the cost of each programme. Apart from formal training, informal training such as; in-house coaching and mentoring will be encouraged. NRCL shall continuously identify appropriate human resource development strategies and tools for implementing training programmes as well as measuring performance levels. 8.1 Training procedure

Training needs will be identified at performance appraisal stage on an ongoing basis;

The supervisors shall be responsible for offering on the job training, coaching and mentoring of staff under their supervision.

Identified training needs that require an external trainer will be forwarded to the HR department for consolidation and budgeting at the end of each year.

The Senior Management Team shall consider all training requests from all departments and prioritize on trainings depending on availability of funds and demand for the skills.

The HR department will facilitate training depending on available resources;

Only approved credible trainers will be used.

8.2 Eligibility for Sponsorship for Long Term Courses Long term courses are those which are scheduled for a period of six months or more. Eligibility for sponsorship for such courses by the Company will depend on the following:

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Sponsorship may be offered to employees with at least five (5) years continuous service with the Company prior to the date on which the intended course of study begins;

The employee applying for sponsorship shall have demonstrated aptitude to successfully pursue the programmes applied for;

Application for grant shall be supported by the respective supervisor who shall give input as to relevance of the desired training

8.3 Eligibility for Short Term Courses

Short term courses are those scheduled for a period of less than six months. NRCL will ensure continuous learning for staff by offering short job-related group or individual courses to enhance personnel skills for effective and efficient execution of their roles. Eligibility for sponsorship by NRCL will depend on the following:

All training will be demand driven, determined through the annual training needs assessment;

The application for individual training must be recommended by the respective Head of Department.

The Senior Management Team shall recommend such training to the Chief Executive Officer for approval.

8.4 Self-Sponsored Courses An employee who through their own initiative and at their own time embarks on a course relevant to their duties with the prior authority of NRCL, may be reimbursed by NRCL up to 50 per cent (50%) of the tuition and examination fees in respect of the course on condition that:

The course is directly related to the nature of the duties of the employee’s substantive post or the post they may occupy on completion of the course;

The course will improve the employee’s work performance and also enhance their potential for additional responsibilities; and

The examining body should be registered with the relevant government authority.

The Senior Management Team shall review the request and recommend to the Chief Executive Officer for approval.

The officer has completed the studies While discussing issues of training and development the role of the Senior Management Team shall be:

Consideration and approval of the training objectives and employee development strategies;

Consideration of the training forecasts and analysis of training needs as well as setting up a hierarchy of priorities within the overall training projections;

Assessment of available scholarship awards and optimum utilisation of local training resources;

Identification and selection of suitable candidates for various training programmes organised locally and abroad;

Monitoring of the counterpart training programmes;

Making recommendations relating to course syllabuses and forwarding such recommendations to the relevant bodies; and

Assessment of the effectiveness of training programmes.

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All training activities shall be initiated by NRCL through the SMT and the HR department. 8.5 Private Training Not Required by NRCL

Where an employee is pursuing training that is not relevant to NRCL, no attempt shall be made to discourage such training so long as the training is not interfering with the employee’s performance of their duties; 8.6 Membership to professional bodies

NRCL recognizes the learning opportunities provided by professional bodies to their members. Subject to officers being recommended by their supervisors and approval by the Chief Executive Officer, officers will be sponsored to join recognized professional bodies that are in line with their professions. 8.7 Course Approval

The Chief Operating Officer shall grant course approval for employees proceeding on authorised training. An employee on an approved course of study shall be deemed to be on duty and shall be entitled to the requisite benefits as may be applicable. NRCL shall only consider courses that are mission-related and which support its goals by improving organizational performance. Employees intending to pursue such courses shall be required to channel their requests through their Heads of Department. 8.8 Study Leave

Employees of NRCL may qualify for paid or unpaid study leave depending on the relevance of the course to their duties and on whether the area of study is a priority. 8.7.1. Paid Study Leave Employees who wish to pursue courses that are relevant to their duties or on self-sponsorship, and the courses are within areas of priority, may be granted paid study leave. 8.7.2 Unpaid Study Leave Where an employee wishes to pursue a course that is relevant to his/her job under self-sponsorship, and the course is not within the area of priority, the employee may be granted unpaid leave for the period of study. Employees who wish to pursue further studies at the same level of professional development can only qualify for unpaid study leave. Self sponsored employees pursuing relevant courses outside the country shall also qualify for unpaid study leave. Employees wishing to pursue courses that are not relevant to their duties and for which NRCL cannot grant leave have the option of resigning from the service. 8.8. Examination Leave An employee who has been granted course approval and has taken extra-mural or part time studies with a view to taking examinations administered by approved professional bodies or local institutions of higher learning may be granted examination leave of up to ten (10) working days in a year subject to production of an examination timetable.

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8.9 Completion of Training

8.9.1 Trainee Obligations An employee whose training is approved shall be expected to successfully complete the course within the stipulated period and resume duty on expiry of study leave. In the event that the training institutions suspend their programmes for any reason, or the employee accelerates the programme and completes the course earlier, he/she shall resume duty immediately. 8.9.2 Progress reports Employees on training shall be required to submit to NRCL semester course transcripts and/or annual progress reports as a condition for further payments of sponsorship fees. 8.10 Bonding To ensure that the NRCL benefits adequately from the skills of employees returning from training, the following measures shall apply.

NRCL shall bond its employees proceeding on training as follows depending an amount invested in the training

Kes.50,000 to Kes.100,000 - 1 year Kes.100,000 to 200,000 - 2 years Kes.200 to 300,000 3 years - 3 years Kes. 300,000 to 500,000 - 4 years Over Kes.500,000 - 5 years

Trainees shall, using the prescribed forms, enter into a written agreement binding them to return to the service upon completion of study.

NRCL shall institute appropriate measures to recover the full cost of training for those who fail to return to the service.

8.11 Funding for Training Programmes NRCL shall endeavour to source funds from grants, scholarships, donations, funded courses as well as other sources to meet the training needs for the employees. NRCL will also claim training refunds from the Directorate of Industrial Training. 8.12 Implementation Strategy The overall responsibility for implementing the Training and Development Policy shall lie with the NRCL through the Senior Management Team. NRCL shall infuse a learning culture by encouraging, sharing and learning with a view to addressing the changing nature of employees’ development. To achieve this NRCL shall;

Require officers in charge to attach mentors to newly recruited staff to provide induction and on-the-job-training, in which case the supervisors’ role shall be to identify suitable mentors and appraise their performance in the assignments;

Ensure that employees who take up new responsibilities acquire relevant skills in their new areas of assignments;

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Encourage employees to update their professional and technological competencies for purposes of continued professional development.

8.13 Monitoring, Evaluation and Feedback As a means of assessing the quality of training offered and its impact on the performance of NRCL, all training activities shall be monitored and evaluated as follows:-

NRCL shall put in place systems to assess the extent to which training objectives have been achieved. The quality of training offered and its cost effectiveness shall also be evaluated.

Employees returning from training shall, within one month, submit a written report on the suitability of the institution of study, relevance of course, coverage and quality of trainers.

Officers in charge shall be responsible for monitoring and evaluating the impact of training programmes on job performance, at both individual and organizational levels. This process will assist in determining future training needs for both the individual and the departments.

Trained employees shall apply the knowledge and skills gained and translate them into organizational learning through sharing and interacting with colleagues.

Those attending Masters and PhD programmes shall submit a copy of their thesis/dissertation/project reports To NRCL.

9.0 INTERNSHIP POLICY AND PROCEDURES

The purpose of this policy is to establish a clear framework that guides and gives direction, on the management of all internship/attachment programs and training within NRCL.

An intern is a student or new graduate seconded in an organization for a short time to get practical experience for a job.

9.1 Principles of Internship

This policy is guided by the following principles:

The internship programme will be implemented after approval by the Chief Operating Officer.

Heads of /departments will identify strategic areas in which the internship can be implemented.

All interns should upon appointment be made aware of their rights and obligations.

All supervisors shall mentor interns throughout their learning period and ensure that internship agreements are being honoured.

9.2 Objectives

The objectives of the internship policy are:

To provide an opportunity for interns to use the workplace as an active learning environment;

To provide opportunities for the interns with a view to acquire new skills;

To assist students to obtain required practical experience and to complete their qualifications;

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9.3 Recruitment of Interns

In consultation with the Chief Operating Officer, the Human Resource Manager will provide guidelines on the appropriate number of interns to be recruited at any one given time.

The same should be included in the departmental budget approved at the start of the year.

The HR office shall inform the Heads of departments of all applications received for consideration and pass them over to the HOD for review and consideration.

9.4 Terms of Service

An internship shall not exceed a maximum period of 3 months in any one year from the time of entry.

Interns shall be expected to adhere to the rules and regulations as set out in this manual.

NRCL shall collaborate with the National Industrial Training Authority for purposes of co-ordinating and reimbursing training costs.

9.5 Stipend

During the period of engagement, NRCL shall not pay salaries or allowances to the interns. However a stipend shall be paid to the interns every month at rates as approved by management from time to time. When joining the team for work outside the work station, interns shall be paid subsistence allowance at rates approved by management from time to time. However, it is not desirable to include interns in work outside the station for which such an allowance is deemed payable, and an intern may not be sent to the field without the approval of the departmental head. 9.6 Group GPA WIBA

The intern shall be insured under the GPA WIBA insurance cover. 9.7 Accommodation

Interns shall be required to make their own accommodation arrangements. NRCL shall not pay an allowance for this. 9.8 Monitoring and Evaluation

On completion of 3 months internship period, a performance evaluation by the line manager is carried out to provide constructive feedback from both parties.

At the end of internship period, the intern prepares an end of internship report which should be discussed with the Head of Department in an exit interview.

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9.9 Termination

Placement comes to an end after three months from the day of inception.

Within the three months, either party hereto may terminate this agreement by giving seven days (7) written notice to this effect.

10.0 PERFORMANCE MANAGEMENT

NRCL is committed to an objective and systematic performance management system for all employees in a bid to:

Assess and evaluate employee performance and measure actual performance against the requirements of the job;

Provide a two-way discussion about job performance and understanding of job requirements;

Create awareness of potential and to motivate the employee to improve performance;

Establish goals, timetables and mechanisms for improvement and provide feedback on progress towards achievement of goals;

Candidly discuss and fairly deal with marginal and unsatisfactory performance and to establish time frames for evaluation of performance to a satisfactory level; and

To reward good performance.

10.1 Procedure

I. The methods by which an employee will be appraised and the job elements to be used as indicative of performance will be determined by the management from time to time.

II. NRCL shall discuss and consult with all the Head of Department ahead of finalizing the annual operations plan for the succeeding year. The same shall then be presented to the Board for approval at the start of each year.

III. All HODs and Supervisors will then be required to come up with each individual Key Performance Areas and Indicators for the year and enter the same into the Performance Management System.

10.2 On-going Performance Appraisal

Performance management will be an on-going and continuous exercise throughout the performance period. Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal day to day basis.

10.3 Mid-year and Annual Appraisals

Additional formal performance evaluation shall be conducted in the month of July for the mid-year review and in December for the annual evaluation.

When assessing an employee, the supervisor shall take into account the employee’s:

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Professional/academic qualifications and experience;

Knowledge of work;

Output and speed of work;

Tact, courtesy and grooming;

Ability to co-operate with colleagues and persons placed in authority over him;

Ability to express himself orally and in writing as well as zeal and energy;

Personal conduct; and

Other special merit/outstanding achievements during the year under review.

All employees shall be required to carry out a self-evaluation. The supervisor shall also appraise the staff and the two shall have a meeting to discuss the evaluation and harmonize the report. The harmonized performance appraisal report shall be countersigned by the employee and supervisor and submitted.

Every appraiser shall ensure that the report is completed accurately, without any bias or prejudice and to the best of his knowledge.

10.4 Recognition and Commendation

The performance appraisal system is primarily meant to assess the performance of an individual for the improvement of NRCL’s performance. The process of PAS will therefore assist the management to make decisions in the following areas:-

Reward and sanction in relation to performance.

Identification of job related staff development needs.

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11.0 HARASSMENT

11.1 Statement on Harassment

NRCL is committed to providing a work environment that is free from any form of harassment, including sexual harassment and bullying. NRCL finds any form of harassment totally unacceptable and recognizes the adverse effect such behavior has both on people who work for NRCL as well as other stakeholders.

All staff and other stakeholders, have a right to be treated with equal regard, dignity, concern and decency. Any action or inaction, communication or behaviour that could reasonably be interpreted as harassment or bullying is not to be tolerated. Harassment of any kind denies the worth, integrity and dignity of human beings, fails to respect human rights, and may constitute unlawful discrimination. It affects both men and women and no-one should put up with it.

NRCL provides impartial processes for dealing with harassment and bullying and assists in the resolution of complaints. Harassment of any kind, if proven, constitutes unacceptable behavior. NRCL considers disciplinary action if a staff member is found to have engaged in harassment of any kind either against colleagues or other stakeholders.

11.2 Purpose

To assist in the resolution of any harassment or bullying complaints made by any member of NRCL or the stakeholders against any other member and to provide a clear policy and fair procedure that is well known and understood by staff.

11.3 Definition

Harassment is unlawful and consists of any physical or verbal behavior that is unwelcome, uninvited and unwarranted. It can arise from sexually oriented jokes; innuendo; unnecessary physical contact; requests for sex; displays of offensive material, posters or graffiti; derogatory comments; and offensive messages, emails or telephone calls.

Sexual harassment is a situation that directly or indirectly subjects a person to sexual behavior that is unwelcome or offensive to them and that, either by its nature or through repetition, has a detrimental effect on that person’s ability to engage in her/his normal work activities.

Sexual harassment is most serious when it includes any of the following:

An implied or expressed promise of preferential treatment for complying with a sexually oriented request;

An implied or expressed threat of detriment e.g. to employment status, or the actual causing of detriment, for refusing to comply with a sexually oriented request;

Actual physical sexual assault or rape.

Mutual social interactions or relationships freely entered into do not constitute sexual harassment.

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11.4 Conditions that Qualify as Harassment

Harassment may be based on racial, tribal, gender, marital status, religious or ethical belief, disability, age, political opinion, employment status, family status, sexual orientation, or involvement in the activities of an employee’s organization.

The improper use of power based on administrative or Managerial status (i.e. the use of a position to insult, bully, dominate, manipulate, disadvantage or discriminate) may also constitute harassment.

Bullying – which means repeated, deliberate and targeted conduct by a person towards a member (or members) of NRCL which is offensive, intimidating or humiliating and which detrimentally affects that member’s well-being.

Romantic and/or sexual relationships between individuals in a supervisory, evaluation, advising, coaching, or counseling relationship constitute a conflict of interest.

The person in the position of higher institutional authority has the responsibility to eliminate the conflict of interest. The conflict of interest must be eliminated in a way which minimizes potential for harming the person with lower institutional authority.

11.5 Reporting Harassment Cases

Individuals who believe they have experienced some form of harassment should act promptly.

Such individuals should seek initial guidance, support and advice from the immediate supervisor or HRM

Following such discussions, the person may choose: to take no further action; to attempt to resolve the issue; or to request formal intervention.

If the person undertakes to resolve the situation independently, the HRM should follow up within reasonable time to ensure that the problem is resolved to the person’s satisfaction. The matter should however be recorded and documented.

11.6 Making a Formal Complaint

After discussing the problem, the person may wish to make a formal complaint. Any formal complaint of harassment should be made in writing to the HR department within seven days. The person complaining (‘the complainant’) should write, sign and date a brief written summary of the incident or incidents of alleged harassment. This statement is given to the person being complained about (‘the respondent’).

Formal complaints are dealt with as quickly as possible, and in normal circumstances within one month. A decision is made by the Chief Executive Officer in consultation with the parties, as to the most appropriate managed intervention process in the circumstances.

It is recognized that some alleged behaviour may constitute serious misconduct and possibly a criminal offence to be referred to appropriate external authorities.

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The Chief Executive Officer may set up processes to resolve complaints impartially, sometimes involving a mediator. Such processes are confidential and agreed to by both parties.

Complainants have the right to withdraw from the process at any stage. However, this does not necessarily halt further investigation and/or action, e.g. disciplinary procedures, by NRCL where there is a perceived risk, or such action is appropriate, or where there would be legal implications if some action is not taken.

Regardless of the outcome of the proceedings complainants do not suffer any consequences unless the accusations were deemed malicious.

11.7 Confidentiality

NRCL is committed to maintaining confidentiality unless there are exceptional circumstances involving probable risk to the safety of any individual, or where maintaining confidentiality would be unlawful.

Due to the possibility of defamation proceedings, all information must be kept as confidential as possible. Complainants and respondents are advised not to discuss any matters pertaining to a complaint with anyone other than those directly involved.

NRCL observes the principles of natural justice and procedural fairness by ensuring that anyone whose interests may be adversely affected by a complaint is aware of the allegations against them, including the identity of the person making the allegations, and given the opportunity to respond.

NRCL does not act on anonymous complaints.

The parties involved with or affected by complaints dealt with under these procedures are entitled to a fair hearing and are kept fully informed throughout the process.

11.8 Sanctions that May be Applied

Allegations that are proved true shall be dealt with as per the employee rules on discipline as set out in this manual and the Government of Kenya Employment Act.

Alleged serious misconduct proved correct may, with the consent of the complainant, be referred to external law enforcement agencies. This would include alleged cases of physical assault, sexual assault and rape.

Should any person make a complaint that is found to be false or vexatious, sanctions may be applied, through procedures set out in the disciplinary policy part of this manual.

Failure to prove a claim of harassment is not equivalent to a false allegation.

11.9 Representation

At any time during the management of allegations on harassment a complainant or respondent may seek internal representation by any other employee for fairness and objectivity.

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12.0 SAFETY AND HEALTH

NRCL is committed to ensuring a safe and healthy working environment for staff and visitors.

Specifically, the NRCL is committed to providing and maintaining:

Control of the health & safety risks arising from work activities;

A safe place of work with safe means of entry and exit;

Safe equipment and systems of work;

A safe and healthy working environment;

Necessary information, instruction, training and supervision to protect safety and health at work.

NRCL is also committed to regular health and safety consultation with staff and their representatives and, where necessary with contractors and suppliers of equipment and services, to ensure that occupational health and safety management is of the highest standard.

NRCL will strive to avail a comprehensive range of programs to staff to support their health, safety and wellbeing and the return to work of ill or injured staff, including ensuring training and instruction is provided to staff commensurate with their roles and responsibilities to enable them to comply with this policy.

12.1 Medical Test

Employees will be required to undergo a full medical examination, upon joining NRCL or during employment. Apart from fulfilling insurance policy requirements, such examinations are intended to assist staff to maintain good health and are therefore of mutual benefit.

A good medical examination report shall not necessarily be a prerequisite for employment at NRCL.

12.2 Occupational Safety

12.2.1 Objectives of Occupational Health and Safety

NRCL will be guided by the Occupational Safety and Health Act (2007). Our goal in occupational health and safety is to proactively take preventive measures to assure employees and other stakeholders of a safe and good working environment, free of accidents, injuries or ill-health.

12.3.2 General Safety and Environment Issues at the workplace

To achieve the above stated objective, NRCL seeks to ensure that;

Employees have access to basic understanding of policy; responsibilities for Health and Safety (H & S) at work are all documented; there are up-to-date H & S risk assessments and fire risk assessments.

The provision of necessary H & S information, instruction and training is systematically undertaken and there is provision and correct use of necessary personal protective equipment (PPE) at all times.

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Arrangements for emergency response/evacuation, first aid and occupational health are made and known and there exists documented procedures/safe systems of work, where necessary to establish and maintain a safe and healthy working environment.

H & S control arrangements for clients and visitors are documented and known and communication and consultation with employees on H & S issues is consistent throughout the organization.

There is consistent monitoring, investigation and reporting of any incidents, accidents or occupational ill-health; and corrective and preventative actions where any incidents, accidents or occupational ill-health occur are a priority.

12.3.3 Accident Reports

Accidents occurring within NRCL premises must be promptly reported to departmental heads.

The occupational accident report form should be completed as soon as all injured persons have been attended to and the consequences of the accident ably managed.

The accident report is used to facilitate investigations, enable data on safety issues to be maintained, facilitate the processing of any insurance claim, and ensure effectiveness of future safety audits.

12.3.4 Health and Safety Committee

It is a legal requirement for every organization to have a Health and Safety Committee. NRCL will ensure establishment and correct operation of this committee as per the legal provisions.

12.3.5 Safety Audits

Third party contractors perform regular audits of all safety measures, equipment, fire exits, among others, to ascertain the extent to which NRCL’s Health and safety measures meet desired standards and legislation. Staff may be required to participate in safety-related activities, whenever called upon to do so.

12.3.6 Environment Protection

NRCL will consistently pursue environment friendly practices and encourage all stakeholders associated with them to help protect the environment through correct operational practices.

12.4 Drug and Substance Abuse

Employees impaired by alcohol or others drugs during working hours may pose safety and health risks to themselves and to others. NRCL recognizes its obligation to address this issue. The following rules will apply:

Use of designated areas as smoking zones

Alcohol or other drug use on the job is unacceptable and is an offence which may lead to disciplinary action. Such cases are punishable through summary dismissal as stated in the Employment Act (2007);

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Employees whose abilities are impaired due to drug and substance abuse, and are unable to perform their duties as required shall be liable to disciplinary action.

Should an employee be required to undergo alcohol/drug treatment, whether voluntary or mandatory, his/her absence is handled in accordance with existing leave policies and benefit plans. It remains the responsibility of the employee to meet established work standards;

Counselling and other treatment may be offered by NRCL where appropriate;

Employees convicted of drug or substance abuse or related charges by the legal system in the country shall be liable to disciplinary action, if such conviction puts NRCL’s image into disrepute.

12.5 Management of HIV & AIDS and Other Diseases Associated With Stigma

The aims of the policy are to ensure that as far as HIV and AIDS and other diseases associated with stigma (such as STI’s, TB, etc) are concerned:

Employees are well informed about such diseases, including prevention, management of the disease, benefits of voluntary testing and effects of stigmatization;

Employees are equipped to deal with the responsibilities of living with a family member infected by such diseases;

Persons infected or affected by such diseases are not discriminated against in anyway; that their rights are not compromised due to their status, and -that they are allowed to develop their careers to the best of their abilities while being treated with human dignity.;

NRCL will periodically arrange for workplace (awareness) programs. Attendance to such workplace programs is encouraged;

NRCL will ensure that sufficient information is readily available in places that are easily accessible to all members of staff.

12.5.1 NRCL’s Response to HIV and AIDS

NRCL’s policies governing equal opportunity, workplace harassment, and personal privacy extend to issues relating to HIV and AIDS. No discriminatory or punitive action is permitted in cases such as;

where a staff member discloses their HIV status ;

where the HIV status is discovered in the course of processing medical records, or ;

Where a staff member discloses that they have been tested or where this is discovered.

It is important to note that HIV testing will not, at any time, form the basis of the NRCL’s recruitment and selection decisions. In addition, it is against the law for anyone to carry out any such test without the individual’s specific consent.

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13.0 COMPLAINT AND GRIEVANCES PROCEDURE

It is NRCL’s policy that all employees have a right to voice their complaints.

NRCL recognises the meaningful value and importance of full discussion in resolving misunderstandings and preserving good relations between all staff.

The following procedure aims to ensure that complaints receive full consideration.

Should a condition exist that an employee feels is unsatisfactory, it is important that they bring it to the attention of the appropriate person in the proper manner.

13.1 Policy Objectives

The objectives of this policy are:

To produce a conducive working environment where employees realise their full potential;

To ensure that an employee’s performance is not hampered due to unresolved differences; and

To provide aggrieved employees with machinery through which their grievances are addressed.

13.2 Procedure

13.2.1 Phase 1: Verbal Discussion

Employees are required to bring complaints to the attention of their immediate Supervisor in the first instance. The Supervisor is required to respond to the complaint within two (2) working days. A resolution is encouraged at this stage through discussion and counselling.

13.2.2 Phase 2: Pre-grievance Hearing

If the employee and supervisor’s discussion does not settle the matter, the employee’s next step of action is to present the latter with a written grievance. The supervisor is required to respond in writing within three (3) working days. Copies of this communication should be sent to the HR office. A resolution is encouraged at this stage through discussion and the counselling of all parties concerned.

13.2.3 Phase 3: Grievance Hearing

If the grievance is not resolved or in a case where the Supervisor is the offender, the matter may be referred to the next management level. At this stage, the officer appealed to will convene a meeting to review the grievance and the complainant’s supervisor’s response. The hearing should be conducted in privacy with no interruptions.

The complainant may choose to be accompanied by a colleague or any other person who must be an employee.

Minutes of the grievance meeting must be taken. Both the accused and the aggrieved party must provide evidence and the allegations must be clearly stated. There should be adequate allowance for enquiry and cross-examinations to and by both parties.

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13.2.4 Phase 4: Judgment

Having received the evidence, the Senior Manager will hear the case and confirm their decision in writing within seven (7) working days. The Officer handling the case should state the recommendations, findings and disciplinary action where necessary. The HRM must retain all minutes and decisions.

13.2.5 Phase 5: Conclusion

If this issue is not resolved the employee should write a request for the matter to be discussed by the Senior Management Team. If the employee is still not satisfied with the recommendations of the above committee, he/she can further appeal to the Chief Executive Officer in writing, clearly stating reasons for his/her dissatisfaction. The Chief Executive Officer, may at his/her discretion determine the case to bring the matter to a conclusion.

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14.0 DISCIPLINARY PROCEDURES

The purpose of this policy is to define the disciplinary and corrective action necessary when an employee violates NRCLs rules, practices and procedures or performs below acceptable standards.

14.1 Policy

Discipline is any action initiated by management in response to unacceptable performance or behaviour. Discipline does not mean punishment. In the work environment, the important aim of discipline is corrective rather than punitive.

In exercising its prerogative to maintain discipline in NRCL, management will at all times strive to exercise discipline in a fair and unbiased manner. NRCL will not take action unless it has good grounds for believing that an employee has committed the misconduct concerned.

It is NRCL’s wish, therefore, that a uniform policy be followed. This will mean:

That an employee has sufficient notice that a continuance of improper action will cause dismissal;

That a report in writing is made of all warnings and disciplinary measures taken;

That the officer in charge and the HR department be responsible for initiating corrective action where appropriate.

That all employees be familiar with the contents of the Disciplinary Procedures.

14.2 Warnings

The Disciplinary Procedure provides the warnings to be issued to an employee in order to allow them the opportunity of correcting the misconduct concerned.

Managers responsible for discipline are to be guided by the following:

Before a warning is issued, all the facts should be obtained and evaluated to establish whether the suspect misconduct has, in fact, occurred.

The employee must, in all cases, be given the opportunity to state their side of the case.

Having obtained all the necessary details and having heard the employee’s views, appropriate action should be taken which may include a warning and/ or training or supervision;

Where a warning is issued, the nature of the misconduct should be pointed out to the employee concerned and they should be advised of what is required to correct the situation and of the possible consequences of failing to respond to the warning.

A date for review of the matter should be agreed with the employee concerned.

There may be cases of serious misconduct for example theft or use of violence in the workplace, where the issuing of a warning is not appropriate. In such cases, the steps laid down in the disciplinary procedures under dismissal will apply.

14.3 Types of indiscipline

Frequent absence from work;

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Repeated lateness;

Low work standards.

Recurring absence from work;

Unauthorised absence from the workplace;

Minor insubordination;

Neglect of safety precautions; and

Lack of attention to duty.

Serious neglect or work standards;

Insulting behaviour; and

Rowdiness at work that is disobedient to those placed in authority.

Intentional work practices which are both dangerous and unauthorised; and

Harassment of all types including sexual harassment and bullying among others.

14.4 Disciplinary Procedure

The number of verbal and written warnings given will depend on the seriousness of the misconduct or the situation. The application of discipline will normally take the following steps:

14.4.1 Step 1: Verbal Warning

This will involve talking to the employee and explaining what is wrong and what change must occur. To assist in the effective functioning of the Disciplinary Procedure, verbal warnings need not be given for petty behaviour or where a timely word of advice would correct the unsatisfactory behaviour concerned. The employee will sign this record as acknowledgment that the warning has been received and understood. Refusal by the employee to sign the acknowledgment will not invalidate the warning. Details of the warning will be retained on the file but will only remain valid for a period of six (6) months.

14.4.2 Step 2: First Written Warning

When an officer has been verbally warned but continues to breach regulations but such breach, in the opinion of NRCL, does not warrant urgent and immediate interdiction or suspension, NRCL will:

Serve the officer with a written notice of the complaint made against him/her;

Require the officer to offer a written explanation within five (5) days from the date of the notice;

Constitute a panel of at least two staff including a HR representative at management level to commence disciplinary hearing:

Consider the explanation given by the officer with any other information or evidence relevant to the matter and determine whether the officer is guilty or not;

If the officer is found guilty he/she will be served with a first written warning;

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The written warning will be given as soon as possible after the misconduct and a copy sent to the HR department for record in the employee’s file.

The employee will sign the record as an acknowledgment that the warning has been received and understood.

The warning will state:-

Details of the complaint;

Changes in behaviour that are required;

A period of time during which the employee’s performance will again

be reviewed;

That failure to change may result in loss of employment; and

The period of time for which the warning will remain valid.

A copy of this warning will be retained in the employee’s file. Refusal by the employee to sign the record shall not invalidate the issuance of the written warning. The written warning will be placed in the employee’s personal file and will remain valid for a period of twelve (12) months.

14.4.3 Step 3: Second Written Warning

If the unsatisfactory situation continues, a memorandum summarising the details of corrective actions, referring to the prior verbal and written warnings is made. All steps outlined in 14.4.2 above shall be observed and if found to have committed the offence a second warning letter shall be issued. The written warning will be placed in the employee’s personal file and will remain valid for a period of twelve (12) months.

14.4.4 Step 4: Final Written Warning

Where a written warning is considered inadequate because of the seriousness of the misconduct or when an act of misconduct is committed within twelve (12) months of the employee having received an earlier written warning(s) for misconduct, a final warning may be given, on condition that a fair hearing has been given.

The employee will sign the record as an acknowledgment that the warning has been received and understood. Refusal by the employee to sign the record shall not invalidate the issuance of the written warning. The written warning will be placed in the employee’s personal file and will remain valid for a period of twelve (12) months.

14.4.5 Step 5: Final Decision and Action

Where Steps 1 to 4 have been followed but performance remains unacceptable or where the officer continues to breach the NRCL’s regulations, a final recommendation to the Chief Executive Officer may be made by the Disciplinary Committee as follows:

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14.4.5.1 Suspension from Duty

An officer may be interdicted only if proceedings which may lead to his dismissal are being taken or are about to be taken or when criminal proceedings are being instituted against him.

An officer may be suspended from duty under the following circumstances;

When the nature of the proceedings against the employee are of such a serious nature that may most likely result in dismissal;

When the presence of the employee in the place of work is for any reason considered to be untenable during the course of investigations;

When an officer is reported to have absconded from duty.

An employee, who is suspended under this regulation, shall not be entitled to any salary. However, he/she will be entitled to all allowances and medical cover.

Where disciplinary or criminal proceedings have been instituted against an employee under suspension and such an employee is neither dismissed nor otherwise punished, the whole or any salary withheld or stopped shall be restored to the employee upon termination of such proceedings.

14.4.5.2 Dismissal

Depending on the nature of the misconduct, the Disciplinary Committee may recommend summary dismissal of an employee that is; dismiss the employee without notice or pay in lieu of notice.

In case of misconduct, which may warrant dismissal, management through the Human Resources department will convene a meeting of the Disciplinary Committee at the earliest possible opportunity.

The following persons will be required to attend the meeting:

The Chairman of the Committee shall be the Chief Operating Officer, Chief Finance Officer or the Chief Programs Officer who will lead the proceedings.

HR Manager (secretary)

The Departmental Head / supervisor of the employee concerned.

The employee.

Any witness to the alleged misconduct required by either party (but only for the duration of their testimony).

The employee facing disciplinary inquiry will be allowed a representative of their choice.

In the disciplinary process the Disciplinary committee will act as follows:-

The Disciplinary Committee shall investigate the case and make a detailed report on the matter providing all the evidence and its recommendations. In considering an employee’s case, the Committee shall grant the employee under investigation an opportunity to defend himself/herself and call any witnesses if necessary.

The employee concerned will have the opportunity to state his/her case and reply to any accusations made.

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When the facts and circumstances have been heard, the Disciplinary Committee shall arrive at a decision and recommend the same to the Chief Operating Officer for final ruling. The final decision made will be communicated to the employee in writing.

14.4.5.3 Summary Dismissal

An employee who engages in gross misconduct shall be summarily dismissed in accordance with the Laws of Kenya.

Any of the following matters amount to gross misconduct and may render an employee liable to summary dismissal:

If, without leave or other lawful cause, an employee absents himself/herself from the proper and appointed place for the performance of his/her work;

If, during working hours, by becoming or being intoxicated, an employee renders himself/herself unwilling or incapable of performing his/her work;

If an employee uses abusive or insulting language, or behaves in a manner insulting, to his/her employer or to a person placed in authority over him by his/her employer;

If an employee knowingly fails, or refuses to obey a lawful and proper instructions which it was within the scope of his/her duty to obey issued by his/her employer or a person placed in authority over him by his/her employer;

If in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a recognizable offence punishable by imprisonment and is not within ten days either released on bail or on bond or otherwise lawfully set at liberty;

If an employee commits, or on reasonable and sufficient grounds is suspected of having committed a criminal offence against or to the substantial detriment of his/her employer or his/her employers property;

If an employee constantly fails to meet his/her targets without justifiable cause;

If an employee 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 it was his/her duty, under his contract, to have performed carefully and properly.

Disciplinary cases shall be dealt with promptly and finalized within a maximum period of three weeks.

14.4.5.4 Appeals

Where an employee is dissatisfied with the decision regarding his/her case, the employee may appeal to the Chief Executive Officer for a review of the case within 14 days from the date of communication.

14.4.6 Probationers

Probationers are subject to the same discipline standards as longer service employees. However, only one Formal Written warning will be given during probation. The repetition of unacceptable behaviour following the formal written warning will lead to dismissal, as the appointment will not in any case be confirmed.

13.4.7 Recoveries of Losses of Company Funds

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Where an employee negligently commits any of the following offences without satisfactory explanation, sanctions applied will include surcharge for all or part of the amount involved:

Failure to collect any monies owing to the Company of which the employee is personally responsible;

Making or approving improper payments of Company funds;

Loss of Company property over which an employee has personal charge;

Misuse of Company stores, vehicles or other property or services provided for official purposes;

Willfully committing the Company into unnecessary expenditure or liability.

The amount of surcharge shall be recovered from an employee’s salary in suitable installments. An employee who is dissatisfied with surcharge may appeal against the decision taken in accordance with the laid down procedures. In addition to the surcharge, disciplinary action which may lead to dismissal may be taken against an employee on account of loss of Company funds. Where an officer has received any erroneous payment, he/she shall be liable to refund to the Company the amount of such payments. Deductions will be made from his salary in monthly installments in amounts not exceeding 25% of his monthly salary. However if his/her appointment is shortly to be terminated, deductions from any sums due to him from the Company will be made in such amounts as may be necessary to effect full recovery before termination of his service.

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15.0 PERSONAL RECORDS

This policy is established to protect and safeguard the privacy of employee’s personal information to the fullest extent possible, consistent with legal practices.

15.1Policy

NRCL collects, maintains and uses employee’s personal information in such a manner as to ascertain its accuracy and relevancy, preserve the confidentiality of the information, serve business needs, and conform to applicable legal requirements.

To preserve privacy, only those who have a legitimate “need to know” may have access to employee’s information.

Personal files should be reviewed to ensure that only pertinent and necessary data is kept. The personal file should contain only documents that pertain to and are officially used to record or effect qualification for employment, promotion, compensation, termination or disciplinary action such as:

Employment applications;

Curriculum vitae/resumes;

Copies of certificates, both academic and professional;

Copy of identity card, drivers licence and passport;

Letters of Employment, acceptance letters and testimonials/referees;

Salary information;

Documentation of compensation changes, employment, job titles;

seniority, birth date, authorisation for pay deductions;

Termination/separation information;

Leave of any kind;

Attendance records;

Fringe benefits information;

Retirement records;

Performance evaluations;

Education information from colleges, and technical schools

Leave applications and approvals records;

Promotion records; and

Disciplinary records.

As far as possible, all personnel data will be electronically stored.

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15.2 Personal File Access

Personnel files are the property of NRCL. And access to information they contain is restricted. Only Heads of Departments of NRCL who have legitimate reasons to review information in a file are allowed to.

15.2.1 Policy

Employees who wish to review their own files should contact the HR Department. Employees may review their own personal files in the HR office and in the presence of an individual appointed by NRCL to maintain the files.

15.2.2 Medical and Industrial Records

The records shall be retained for the duration of employment plus ten (10) years. This includes records of occupational injury and all types of treatment and testing by NRCL. Medical records to which an employee may be given access include reports of physical examinations and laboratory tests made by physicians acting for NRCL. The employee may also review physician’s statements concerning leaves of absence or work restrictions.

15.3 Reporting Changes in Personal Records

Each employee is required to report any change in name, address, telephone number, marital status and number of dependants as well as any award newly earned such as degrees or certificates to their supervisor and the HR Manager. NRCL is not responsible for non-receipt of any official communication sent to an employee if the employee has failed to file a change of address notice with the HR department.

15.3.1 Procedure

Should an employee need to change the number of dependants, it is necessary for the employee to notify the HR department as soon as possible and to receive acknowledgment from the same office.

16.0 SEPARATION

This policy is intended to be a guideline for management in addressing voluntary or involuntary termination of employment for all NRCL employees.

Whenever employees terminate or are terminated from employment, the HR office shall be notified immediately. The notification should indicate the date of termination. The Board will discuss and approve termination cases involving the Senior Staff.

16.1.1 Notice of separation

Both the employer and the employee will be required to give notice of intended separation or pay the other party in lieu of such notice with the exception of employees being summarily dismissed.

For employees in job group 1 and 2, one (1) month notice

For employees in job groups 3 and 4, two (2)months’ notice

For employees in job groups 5 and 6, Three (3) months’ notice.

16. 1.2 Involuntary termination

Involuntary terminations are those initiated by NRCL, and include;

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Layoffs resulting from staff reduction (redundancy);

Discharge for conduct not in the best interest of the Company;

Release for inability to perform duties or meet prescribed standards on the job; and

Absence from work for a period of more than one hundred and eighty (180) days due to an illness or inability to work as determined by a registered medical practitioner.

The Chief Executive Officer must approve involuntary termination of employees.

16.1.2 Voluntary and Other Terminations

Voluntary and other terminations are those normally initiated by the employee and include:

Resignation;

Retirement;

Death; and

Unexcused absences those are unreported for a continuous period of14(fourteen) Working days (desertion).

16.2 Resignation

Resignation is a voluntary decision by an employee to terminate his/her employment with the NRCL.

16.2.1 Procedure

An employee who wishes to resign from employment with NRCL should give a written minimum notice as stipulated in the Letter of Employment. This advance notification allows supervisors time to adjust work schedules and secure a replacement.

On the employee’s last day, the employee’s Manager will conduct an Exit Interview. At the Exit Interview, the Company’s property in the employee’s possession shall be retrieved and information regarding final dues clarified.

An employee on probation may resign by giving a seven (7) days written notice. In this case, the normal Exit Interview process shall be undertaken.

Resignation of an employee from the Company should be put in writing to the Chief Executive Officer through their respective Supervisors. The resignation letter should state reason for resignation (optional) and the effective date of the resignation.

16.3 Retirement

This policy aims at the following:

To provide an orderly means of retiring employees at a time when their productivity may have started to decline and they are no longer able to meet the demands of their jobs as fully as before.

To aid an employee who is approaching retirement age in planning for the future.

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16.3.1 Retirement Age

Employees of the Company will retire from service upon attainment of the retirement age of sixty (60) years. However the Chief Executive Officer may appoint employees on short contracts after attainment of the retirement age at the mutual understanding of both parties. Employees engaged after the age of sixty years (60) shall not be enrolled into the pension scheme but shall be paid gratuity at the end of the contract period. 16.3.2 Early retirement An employee may elect to retire voluntarily from the services of the company on attaining the age of fifty five (55) years and upon giving appropriate notice. An officer may retire or be retired prematurely on grounds of ill health upon a medical doctors recommendation and report that confirm the employee unable to perform his duties effectively and recommending termination of employment

16.3.3 Procedure

One (1) year before retirement date of an employee, the HR Manager will write and notify them of their impending retirement. The letter should include all information pertaining to the retirement including all the benefits due to the employee at the time of retirement.

From this point, processes to retire the employee can be effected.

16.3.4 Benefits

On retirement the officer shall be paid

Salary up to the time of separation

Benefits from the Pension Scheme and the NSSF as contributed by the employee and the employer during the employment period and as provided for in the NSSF Act and the Retirement Benefits Act.

Leave days earned and not taken at the time of separation

Severance pay where applicable.

16.4 Redundancy/ Layoffs

Layoffs are initiated when one or more jobs are eliminated because of various situations such as declining level of organisational activity, reduced funding or abolished functions or operations. Decisions regarding layoffs must be reviewed and/or approved by the Chief Executive Officer. Employees terminated under this section are eligible for severance pay which shall be calculated as per provisions of the labour laws.

It is NRCL’s policy to notify an employee in advance of any necessary layoffs that is not of an employee’s making. If advance notice is not possible, the employee will receive pay in lieu of notice based on service time.

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16.4.1 Provisions

When a layoff becomes necessary, the following factors will be considered in determining which position(s) will be necessary to temporarily dissolve:

The employee’s job responsibilities in relation to the continued efficient operations of the company;

The employee’s skill level;

The employee’s length of service.

Normal notification to the Ministry of Labour and to the union representing the employees affected

Any employee on leave of absence during a layoff period will be subject to layoff on return to work, in accordance with the above considerations. NRCL will give an employee being laid off a seven-day advance notice, except in the case of an emergency layoff where the situation would not have been predictable.

NRCL will give an employee terminated by layoff:

Pay in lieu of notice,

Severance pay; and

Payment for leave earned but not taken.

16.4.2 Reinstatement

The reinstatement of laid off employees will be done when it is established that conditions that led to their layoff have changed and their services are now needed. This requires the approval of the Board.

An employee reinstated after a layoff will commence employment on the same terms as any new employee.

16.4.3 Procedure

The Chief Executive Officer will notify the employee in writing, indicating that the employee has been laid off.

16.5 Exit Procedure

The following will be the exit procedure following an employee’s separation from NRCL:

Handing over of the Company’s property;

Clearance form signed by the relevant department heads;

Finance department to compute final dues which include; pay for days worked payment of leave days earned and not taken and payment in lieu of notice, less any dues owed to the Company. The HRM will sign off the final dues;

Severance/ Gratuity payment; this will be per the set NRCL rules; and

Declaration signed by the ex-employee that they have no further claim against NRCL.

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16.6 Testimonial and confirmation reference

Where an employee or a prospective employer of that employee requests for a testimonial or confidential reference, it will be issues at the discretion of the Company

Such testimonial or confidence reference shall give an honest and balanced assessment of the officer’s performance and conduct during his period of service with the company

The testimonial or confidential report shall be given by the Chief Executive Officer or a duly authorized officer acting on his behalf.

16.7 Clearance certificate

When an employee is paid their final dues on discharge from employment and having returned all company property in his possession in satisfactory condition, they shall be required to sign a clearance certificate. 16.8 Certificate of Service

NRCL will give a certificate of service to staff members who resign or otherwise have to leave the company. The certificate will state the dates of commencement and termination of employment, position held and any other relevant information.

16.6.1 Procedure

An employee who leaves the company through applicable forms of voluntary or involuntary termination will obtain a certificate of service from the HR Manager after they have been officially cleared.

16.7 Death of an employee

NRCL has provided this policy to accomplish as quickly as possible those actions it believes are necessary at the time of an employee’s death. The death of an employee brings certain hardships to the employee’s family.

It is NRCL’s policy to provide assistance in countering the difficulties encountered when death occurs to an employee.

16.7.1 Procedure

Every employee is requested to designate their beneficiary at the time of employment. In case of death of a NRCL employee, the following payments will be made to the deceased employee’s next of kin:

Salary earned up to the point of death;

Pro-rated leave earned but not taken;

Accrued severance benefit;

Gratuity / Pension dues (whichever is applicable);

Death benefits (in accordance with the Group life Insurance policy)

To avoid legal tussles, the NRCL will pay these benefits to the legally recognised next of kin only as indicated by the deceased employee.

16.7 Severance pay

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Resigning or retiring employees shall be entitled to severance pay at the rate as determined by the government for period before the pension scheme was put in place.

Severance pay shall be paid for the period an employee was not enrolled in the pension scheme.

Severance pay will only be payable upon termination of employment, not before and will not be payable in cases of summary dismissal for gross misconduct.

16.8 Post-termination Obligations Upon termination of an employee’s contract, the employee leaving shall

At any time thereafter upon the request of NRCL, resign without claim for further compensation from all offices held in NRCL and from membership of any organisation acquired by reason of or in connection with the employment hereunder and should they fail to do so NRCL has the irrevocable authority to be such an ex-employee’s attorney in their name and on their behalf execute any documents and to do anything necessary or requisite to give effect to this sub-clause;

Deliver to their manager all documents made or compiled or acquired by the employee during the employment hereunder and concerning the business, finances or affairs of NRCL.