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

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

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

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


Make money.....then you will enjoy all the fine things in life!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
The Real Shaft
#3 Posted : Tuesday, May 05, 2009 2:16:00 PM
Rank: Veteran

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

should do..

before...

telling you not to report tomorrow....

I'm the real Massey F.....shut your mouth
I'm the real Massey Fergu...... Shut your mouth....
skjay
#4 Posted : Tuesday, May 05, 2009 2:23:00 PM
Rank: Member

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


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

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

at my ultra-modern office.....

will not charge you consultancy fees.....

let's talk privately...

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

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

Where are your ultra mordern?

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


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

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

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

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

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

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

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

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

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

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

Notice paid as per employment contract / letter of appointment.

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

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

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

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

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

skjay*...

patia mimi email address...

i will communicate...



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