EMPLOYEE MANUAL

TABLE OF CONTENTS

1. INTRODUCTION 4

2. EMPLOYMENT INFORMATION 4

A. Key Definitions 4

B. Terms of Employment 5

C. Probationary Period 6

D. Salary 6

E. Local Payroll Taxes 7

F. Overtime 7

G. Health Care and Other Benefits 7

3. POSITION / SALARY CLASSIFICATION 9

A. Position Descriptions / Salary Classification 9

B. Merit Increase 9

C. Promotion 9

4. PERFORMANCE EVALUATIONS 9

5. OFFICE AND WORK SCHEDULE 10

6. EMPLOYEE RECORDS 10

7. ATTENDANCE 11

8. LEAVE ALLOWANCES 11

A. Holidays 11

B. Annual Leave (Vacation) 12

C. Sick Leave 12

D. Maternity Leave 13

E. Breast Feeding 14

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 F. Leave of Absence (Unpaid Leave) 14

G. Compassionate Leave 14

9. TERMINATION OF SERVICE 15

A. Types of Termination 15

B. Severance Pay 16

10. VEHICLES 16

A. Vehicle Rules and Regulations 16

11. WORKPLACE CONDUCT 18

A. Smoke-free Workplace 18

B. Use of Illegal Drugs and Alcohol 18

C. Ethics 18

D. Conflict of Interest 19

E. Code of Conduct 20

F. Discovery of Events of Questionable, Fraudulent or Illegal Nature 20

G. Injury on the Job 21

H. Other Incidents Requiring Reports 21

12. DISCIPLINARY ACTION 21

A. Types of Disciplinary Action 21

13. GOVERNANCE AND MANAGEMENT’S RESPONSIBILITY 22

14. EMPLOYEE’S RESPONSIBILITY 23

15. GRIEVANCE PROCEDURE 23

16. CONCLUSION 23

17. STATEMENT OF ACCEPTANCE 24

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1. INTRODUCTION

The purpose of this manual is to provide a guide to the responsibilities of EUSMS

Kenya and the employee. This is a basic document guiding employer-employee
relations, to be used in conjunction with specific job descriptions, individual
employment contracts and other written documents and policies.

2. EMPLOYMENT INFORMATION

A. Key Definitions

Full-time employee - A full-time employee is any person who regularly

works at least 30 (thirty) hours of a standard 40 (forty) hour workweek.
Office hours are 8am to 5pm, Monday through Friday, with a one (1) hour
lunch break each day.

Part-time employee - A part-time employee is any person who regularly

works fewer than 30 (thirty) hours per week. Certain benefits, such as
educational expenses assistance, may not be available to part-time
employees.

Authorized dependent – Authorized dependents are the spouse and

dependent children of the employee, including the stepchildren of either the
employee or spouse and legally adopted children up to the age of 18
(eighteen), or up to 21 (twenty-one) years of age if the dependent child is a
full-time student and is not married. A child over 21 may be considered an
authorized dependent if that child, owing to mental and/or physical
disabilities, is incapable of being employed.

Employees may claim only one (1) spouse and up to five (5) children as
authorized dependents.

Secondary Dependents - Secondary dependents may include:

1) A child under 18 (eighteen) years old, both of whose parents have

died and who is residing with and dependent upon the employee.
2) An individual under the age of 21 (twenty-one), both of whose
parents have died, who is residing with the employee, is
unmarried and is a full-time student.
3) An individual who resides with the employee and, owing to mental
and/or physical disabilities, is incapable of being employed.

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 4) The mother, father or mother/father-in-law of an employee if that
person resides with the employee full-time and is wholly
dependent upon the employee for support.

Employees may claim only two (2) secondary dependents.

B. Terms of Employment

The personnel policies provided here apply to those individuals hired locally
for the office in Kenya and are governed by the rules and labor laws of
Kenya. The conditions and regulations of employment attempt to follow as
closely as possible the local laws, customs and practices. EUSMS
recognizes that good personnel administration is founded on principles
designed to ensure the dignity and the rights of all staff members. Working
conditions, privileges and benefits, which are conducive to both individual
well-being and program achievements, shall be maintained within practical
limits. These policies are subject to change as EUSMS changes and
projects develop. Rather than depending on excessive rules, we rely on
common sense, creativity and the balancing of client and personal needs to
produce an excellent organization in terms of both its achievements and its
quality as a workplace.

EUSMS does not discriminate in employment because of age, religion,

race, creed, gender, national origin, handicap, veteran, marital, health or
socioeconomic status. Employment and promotion are based on
qualifications and merit for each specific position.

For clarification or additional information, please contact your supervisor.

At the time of employment, an employment agreement will be furnished to

the new employee which will include a description of the position for which
s/he is employed, the employment period and annual base salary agreed
upon, the category of employment, a statement of organizational benefits
and a copy of this Employee Manual.

Employees, full or part-time, are often hired for a specific project or award
and may be subject to specific terms or conditions contained therein. The
employment period for each employee will be clearly stated in the
employment agreement, with employment terminating at the conclusion of
the project or contract, or earlier, if for cause.

Some employees, such as the driver or grounds persons, may have

different work hours, which will be stipulated in the employment contract.

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 In accordance with Kenyan law, employees may be required to pass a
physical examination, paid for by EUSMS before beginning employment.

C. Probationary Period

All employees will be engaged for a six (6) month probationary period or
the employee may terminate employment at any time within the
probationary period by providing seven (7) days’ written notice. Upon
completion of the probationary period, the new employee should receive a
written evaluation from his or her supervisor. The supervisor will make a
recommendation concerning continued employment. The employee will be
notified in writing of her/his status at the end of the probationary period. If
the employee’s performance is found unsatisfactory, probation may be
continued for a further six (6) month probationary period or the employee’s
employment will be terminated.

D. Salary

Salaries will be determined on an individual basis according to the duties,

skills and expertise required by the position. It is our policy to ensure that
salaries and benefits provided to local employees are consistent with
prevailing labor laws and compensation practices in Kenya. Payday is no
later than the fifth working day of the month. Salaries are paid in local
currency and in arrears, and are subject to all local payroll withholdings in
accordance with Kenyan laws and regulations.

Each employee is further entitled to a monthly housing allowance of 15%

of the basic salary and any other allowances specified in the employment
agreement. All allowances are subject to local income tax. These
allowances are not included in the calculation of the basic salary.

Fluctuations in the U.S. dollar exchange rate have no bearing on local

salaries.

Payment computation is based on a time sheet, which must be submitted

for the supervisor’s approval on the last workday of the month. Salary
checks will be issued or transfers made on the first working day following
the close of the pay period. The human resources department will maintain
a complete file of each employee’s time and attendance records.

E. Local Payroll Taxes

EUSMS participates in Kenya’s PAYE tax program and will therefore

deduct applicable local taxes from employees’ gross pay for payment to

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 the Kenya Revenue Authority on behalf of all employees. All salary
deductions will be shown on each employee’s monthly statement of
earnings (pay slip).

F. Overtime

Overtime is work performed in excess of 40 (forty) hours in one calendar

week, or on Sundays or official holidays. Overtime work must be approved
in advance and in writing by the employee’s supervisor.
Overtime work will be approved only when necessary.

Employees will be paid for authorized overtime work on an hourly basis, at

the rate of 150% (one hundred and fifty percent) of their base hourly salary
for each overtime hour worked. For work on a Sunday or a holiday,
employees will receive 200% (two hundred percent) of their base hourly
salary for each hour worked.

Time off may be given in lieu of overtime pay if it can be taken within one
month. Some positions may have nonstandard hours, which will be stated
in the employment agreement. Overtime pay for those positions with non-
standard hours will be calculated on a case-by-case basis.

G. Health Care and Other Benefits

Health Coverage/Insurance – Employees and their dependents (as

defined in section 2A of this manual) are eligible for health coverage.
Hospitalization will be covered using the low-cost option.

If the employee wishes not to enroll in the EUSMS suggested clinic, they
have the option to enroll themselves and their dependents in their local
public health clinics. Employees will be reimbursed for the cost of
enrollment upon submission of proof of enrollment. Reimbursement may
not exceed EUSMS suggested clinic costs.

In all cases, EUSMS will not cover medical drug issues; individual
employees are responsible for their own drug issues.

Gratuity – Employees who have five (5) years continuous service are
entitled to a one-time payment equal to three (3) months’ salary for each
year of employment.

National Social Security Fund (NSSF) – EUSMS participates in the

National Social Security Fund. Under Kenyan law, each employee is
required to contribute a portion of her/his salary to the NSSF, as specified
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 by Kenyan law. EUSMS makes a matching contribution on each
employee's behalf.

The money is deducted from the employee’s salary each month and paid
to the NSSF. All salary deductions will be shown on each employee’s
monthly statement of earnings (pay slip).

3. POSITION / SALARY CLASSIFICATION

A. Position Descriptions / Salary Classification

Each position is classified based on a position description. These position

descriptions will be used to determine the appropriate salary scale for a
particular position. It is important that the position descriptions be kept up
to date to accurately reflect the employee’s duties and responsibilities.

B. Merit Increase

While the overall compensation schedule will be monitored and revised

regularly, merit increases based on satisfactory or higher performance will
be recommended annually in conjunction with the employee’s anniversary
of employment. The amount of merit increase will be determined by a
percentage established each fiscal year by EUSMS.

C. Promotion

It is our policy to offer promotional opportunities as they occur to qualified

and deserving employees. Vacancies are filled by promotion of in-service
employees when possible.

When an employee is promoted to a higher position, the salary of that

employee will be reviewed and an increase may be granted by the
employee’s supervisor.

4. PERFORMANCE EVALUATIONS

Performance evaluations are done annually by the employee’s supervisor at the

time of the employee’s anniversary of employment or promotion. Supervisors are
encouraged to discuss job performance periodically with each employee,
regardless of whether there have been performance issues. Employees are also
encouraged to seek feedback and participate fully in any performance-related
discussion.

The initial performance review for all employees is done at the end of the
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 probationary period. In the probation performance review, the supervisor will
recommend confirmation of the employment, extension of the probationary
period, or termination of employment. If an employee has more than one
individual to whom they report, the employee’s supervisor will consult with each of
these individuals in the course of conducting the performance appraisal process.

The performance evaluation report provides a record of how an employee is

performing, and is used to justify a merit increase and identify an employee’s
training needs. It is a basis for any promotion. The performance evaluation report
is kept in the employee’s personal file by the Human Resources Department.

A merit increase is not awarded to an employee whose work is not satisfactory.

Instead, a discussion will be held with the employee that outlines the
improvements to be made, the time frame for improvement and the consequences
of not improving.

Nothing in this rule shall be construed to prevent the dismissal of an employee

who does not perform satisfactorily at any time, or to prevent a reduction of salary
in cases where the employee is assigned to and accepts a position for which the
maximum salary range is below the employee’s salary at the time of assignment
to the lower position.

5. OFFICE AND WORK SCHEDULES

The Office is open for business 8:00 a.m. to 5:00 p.m., Monday through Friday.
When necessary, employees may be able to arrange alternative work schedules
in consultation with their supervisor.

Some employees, such as driver or grounds persons, may have different work
hours, which will be stipulated in the employment contract.

6. EMPLOYEE RECORDS

Employee records will be maintained by the Human Resources Department.

These files will contain all pertinent documents such as appointment letters,
performance evaluations, personnel actions, job descriptions, biodata forms,
resumes, letters of recommendation, discipline record, memos to the file and any
other information pertaining to the employee’s employment.

Employees are encouraged to keep copies of all personnel documentation.

7. ATTENDANCE

Dependable employees are crucial to the smooth running of our organization.

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 Employees are asked to plan ahead for vacation and other time off so that the
projects are not adversely affected. Employees should request approval from
their supervisor for annual leave at least one (1) month in advance.

There will be occasions, however, when emergencies occur and an employee will
not be able to come to work. Employees are asked to inform the office, preferably
their supervisor, as soon possible when they are not able to report to the office or
perform their work assignments. Whenever possible, they should make
arrangements to have any critical work assignments covered by someone else, or
at least let the supervisor know of things that must be done in their absence.

8. LEAVE ALLOWANCES

The Human Resources Department will maintain leave records of individual

employees. These records constitute the official leave file and are kept part of the
employee’s official personnel file.

A. Holidays

The Human Resources Department will set a holiday schedule with official
public holidays at the beginning of each year consisting primarily of Kenyan
holidays. This list will be posted in the office.

When a holiday falls on a weekend (Saturday or Sunday), the holiday will

be observed according to the law in Kenya. Holidays falling during an
employee’s leave period will be considered holidays and not leave days.
If an employee is required to work on a holiday due to pre-scheduled
training, meetings with host country or foreign employees/officials on travel
status, s/he is entitled to take that holiday at another time within the same
calendar year subject to supervisor approval; where applicable, an
employee is entitled to overtime pay if required to work on a holiday (see
section 2F, Overtime).

No holiday will be paid while the employee is on unpaid leave. Regular

part-time employees are eligible for a portion of the holiday, based on
the ratio of hours per week worked to the standard workweek in Kenya.
For example, an employee working half-time would be entitled to half-
pay for the holiday.

B. Annual Leave

Employees are entitled to of thirty (30) days annual leave with full pay after
every twelve months of consecutive service. Therefore, employees will
earn two and a half (2.5) workdays of annual leave per month.
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 Annual leave must be planned and approved with respect to the expected
workload within the office. Since annual leave is provided to employees for
the purpose of rest and relaxation, the full use of annual leave is
encouraged. Because of the benefits resulting to both employee and the
organization, supervisors will ensure that each employee is allowed to take
regular and sufficient continuous leave each year, to provide adequate rest
and recreation.

Unused annual leave may be carried over to the next year up to a maximum
of 30 (thirty) total accumulated days of annual leave due.

Employees may not use leave they have not yet earned.

When an employee terminates or resigns for any reason with proper notice,
s/he will be paid the value of any accrued, unused vacation leave.

Annual leave will be charged in minimum increments of one half-day.

C. Sick Leave

The purpose of sick leave is to provide time off with pay when an employee
is unable to work due to medical reasons. After two consecutive months’
service an employee is entitled to sick leave with full pay up to a maximum
of thirty days and thereafter to a maximum of fifteen days with half pay, in
each year. Employees receive full benefits while on sick leave.

For sick leave to be approved, the employee is required to present a

certificate of incapacity signed by a qualified medical practitioner or a
person acting on his behalf in charge of a dispensary or medical aid centre.

Sick leave must be approved in writing by the supervisor and reported to the
person in charge of monitoring attendance.

During the first two (2) months of employment, staff may not use sick leave.

Upon separation, no payment will be made to the employee for any unused
sick leave.

Sick leave will be charged in minimum increments of one half-day.

D. Maternity and Paternity Leave

Full-time female employees are eligible for three consecutive months of

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 paid maternity leave.

A request for maternity leave must be in writing, and accompanied by a

certificate from a qualified medical officer or midwife, stating that the
employee’s confinement will likely take place within six (6) weeks of the date
on the certificate. While on maternity leave, the employee will be paid 100%
(one hundred percent) of her salary and benefits.

Male employees shall be entitled to two weeks paternity leave with full
salary and benefits.

On expiry of the maternity or paternity leave the employee shall have the
right to return to the job which the employee held immediately prior to his/her
maternity or paternity leave or to a reasonably suitable job on terms and
conditions not less favourable than those which would have applied, had
the employee not been on maternity or paternity leave. Employee shall
forfeit their annual leave entitlement on account of having taken his/her
maternity or paternity leave.

Maternity and paternity leave will be taken in minimum increments of one

(1) day.

Employees are encouraged to notify their supervisor as soon as the

pregnancy is an established fact.

In the event of termination of employment or resignation for any reason, no

payment will be made to the employee for any unused maternity or paternity
leave.

E. Breast Feeding

The organisation encourages breast-feeding. Upon return from maternity

leave, a female employee will be provided up to one hour per day for
breast-feeding or breast-milk expression, for a maximum period of 15
months post partum.

F. Leave of Absence (Unpaid Leave)

A leave of absence may be requested through an employee’s supervisor,

in writing, and must be approved in writing by the supervisor. Leaves of
absence will be deducted from an employee’s annual leave. The employee
will not earn leave during these periods. If a leave of absence is requested
for medical reasons, the employee must first use all accumulated sick and
annual leave. Employees on leave of absence will not be paid for official

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 holidays which fall within that period.

G. Compassionate Leave

Compassionate leave with pay shall be given at the discretion of the

organisation, as follows:

Death of employee’s spouse, parent or child…up to five (5) working

days
Death of employee’s sibling or in-law… ............ up to two (2) working
days

An employee may take up ten (10) days of compassionate leave per year.
Unused compassionate leave may not be carried over to the next year.

An application for compassionate leave must be submitted in writing, at

least one day in advance. If that is not possible, a retro-active application
must be provided within one week following the event.

The organisation may require appropriate proof to support a request for

compassionate leave.

In the event of termination of employment or resignation for any reason, no

payment will be made to the employee for any unused compassionate
leave.

9. TERMINATION OF SERVICE

Continued employment with the organisation is subject to certain conditions. The

most important of these are the need for the employee’s services, continuance of the
program in which the employee works and the employee’s conduct and efficiency.

A. Types of Termination
1. Resignation - The employee may terminate her/his employment by
providing written notice to her/his supervisor at least one (1) month prior
to the effective resignation date. During the probationary period the
employment may be terminated by giving not less than seven days’ notice
of termination. Vacation shall not be taken from the time that an
employee gives notice until her/his last day of employment without prior
approval of the appropriate supervisor.

2. Retirement – Employees may, at their option, retire at the age of 50 or

after, at which time they may become eligible for retirement benefits
and the NSSF, subject to conditions (see above, section 2.G).

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3. Termination by expiration of employment contract - Employment with
EUSMS shall automatically terminate upon the expiration date of the
employee’s contract unless the contract is renewed or replaced prior to
its expiration date.

4. Reduction-in-Force or other program requirements – the organisation

has the right to terminate any employee’s employment by providing one
(1) month’s notice (or payment in lieu of notice) whenever it is
determined that the employee’s services are no longer necessary due
to lack of funding, reorganization, or other program changes or needs.
The management will make every effort to inform staff as far in advance
as possible of any such reduction or termination.

5. Dismissal due to gross misconduct - Gross misconduct by an employee

will result in immediate dismissal without any notice or wages in lieu of
notice. Gross misconduct is defined as any action that an employee
willingly and knowingly takes which harms, jeopardizes or otherwise
seriously endangers the well being of the organization or its staff. Gross
misconduct includes, but is not limited to:
• without leave or other lawful cause, an employee absents
himself/herself from the place appointed for the performance of
his/her work;
• during working hours, by becoming or being intoxicated, an
employee renders himself/herself unwilling or incapable to
perform his/her work properly;
• an employee wilfully neglects to perform any work which it was
his/her duty to perform, or if he/she carelessly and improperly
performs any work which from its nature it was his/her duty, under
his/her contract, to have performed carefully and properly;
• 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/her;
• an employee knowingly fails, or refuses, to obey a lawful and
proper command 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/her;
• in the lawful exercise of any power of arrest given by or under any
written law, an employee is arrested for a cognizable offence
punishable by imprisonment and is not within fourteen days either
released on bail or on bond or otherwise lawfully set at liberty; or
• 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 employer’s
property.
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 6. Dismissal due to general misconduct or poor performance - Termination
from employment may also result from continued poor performance or
general misconduct, including such issues as repeated errors, inability to
learn required tasks after instruction, tardiness, wasting time, negative
attitude with other employees, and other infractions that result in
inadequate work or poor customer service.

B. Severance Pay
Where the employment is terminated under section 9 A-4 above, the
organisation shall provide severance pay of 15 days per year of service.

10. VEHICLES

A. Vehicle Rules and Regulations

1. Vehicle(s) shall be used for business purposes only. No private use is

authorized by visiting consultants or staff.

2. Vehicle(s) shall only be driven by either the driver or another pre-

authorized designated driver.

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3. When not in use, vehicle(s) shall remain at the offices or in a
predetermined secure location.

4. Vehicle(s) shall not be used on weekends or evenings, with the

exception of:
a. Picking up and dropping off consultants and/or staff members at
the airport.
b. Driving consultants and/or staff back to their hotel after work.
c. Conducting field activities where the team needs to stay
overnight.
d. Official project work (meetings, workshops, etc.) authorized in
advance by the Country Director.

Vehicle(s) will be available to pick up consultants and/or staff members at

their hotel each morning and drop them off after the workday is completed.
If a consultant and/or staff member needs to use vehicle(s) for business
purposes during the course of the day, s/he should make arrangements with
the office supervisor first.

5. Priority for use of vehicle(s) is based solely on programmatic needs,

not on the title or rank of the person needing its use.

6. A logbook will be maintained for the vehicle(s). The driver must fill it
out for every trip, the passenger must sign for each trip and at the end
of the month the log must be reviewed and signed by the day-to-day
supervisor and sent to the office.

7. Any vehicle used for business must be equipped with functioning

seatbelts and all passengers and drivers must use the seatbelts. If a
driver is found to be in non-compliance with the seatbelt rule, the
organization may terminate their employment agreement without any
liability on our part.

8. If vehicles are not available, personal vehicles may be used only with
the prior written authorization of the employee's supervisor. In this
case, only mileage (kilometers) will be reimbursed, at the current
EUSMS rate as outlined in the Business and Travel Expense Guide
(see the Accountant for more information). The rate per mile will be
converted to kilometers by dividing the US Dollar amount by 1.61 (1.00
mile = 1.61 kilometers) and the official amount per kilometer to be
reimbursed will be outlined in an annual memo to all staff every
January.

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 In order to be reimbursed for mileage, employees must include the
date, the number of kilometers traveled and the origin and destination
of the trip on their expense report. Employees will receive the
reimbursement in local currency and at the time that the expense report
is paid out. The seatbelt rule (as per section 10.A.8) also applies to
personal vehicles.

9. In the event that a driver of a vehicle or a personal vehicle being used

for business commits a traffic violation, s/he is responsible for payment
of any and all fines, and may be subject to disciplinary action as deemed
appropriate by the Country Office Director.

11. WORKPLACE CONDUCT

A. Smoke-free Workplace

In the interest of good health for all employees and visitors, smoking is not
allowed in the workplace except for in designated areas.

B. Use of Illegal Drugs and Alcohol

The possession, use, manufacture, sale or distribution of illegal drugs on

premises is strictly forbidden and is grounds for immediate dismissal.
Alcohol may not be consumed during work hours. No employee may work
under the influence of alcohol regardless of where it is consumed. Any
employee found with, or under the influence of, alcohol during work hours
is likely to be subject to immediate dismissal and may be subject to legal
action.

C. Ethics

The employee is required to exercise the highest ethical standards and

conform to a code of conduct compatible with the mission and values. An
employee should be free of any personal interests which could influence his
or her judgment or action in the conduct of business or would affect his or
her responsibility. An employee must not only avoid situations which give
rise to a conflict of interest, but also those situations which create the
appearance of a conflict of interest.

This policy is not intended to delineate every situation that could give rise
to a conflict of interest, but should serve as general guidelines for the
evaluation of specific situations as they arise. An individual with ordinary
good judgment should generally know whether or not a particular activity
involves an actual or potential conflict without the need for specific rules.
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 However, where there is doubt, the matter should be brought to the
attention of the employee’s supervisor, who will take action as appropriate.

D. Conflict of Interest

The management respects the rights of its employees relative to activities

outside this employment which are private in nature and which do not
conflict with, or reflect adversely upon, the organisation. Conversely,
employees are asked to refrain from any activity which would negatively
impact on the organisation or its ability to do business in Kenya or
elsewhere.

Staff are expected to promote the organisations stated interests and to

refrain from using their position to supplement their incomes directly or
indirectly, or to obtain other material benefits including gifts, other than
those considered tokens.

An employee may perform work or services for another organization only

to the extent that the activity does not prevent the employee from devoting
the time and effort to the business that her/his position requires.

Staff may not directly or indirectly be engaged or financially involved in

any enterprise or project to which the organization is providing
assistance.

No staff should knowingly act in a capacity, or urge to act in a manner,

designed to confer any financial or commercial benefit, whether actual or
potential, on themselves or on any firm or corporation in which they or family
members have a significant interest as partner, stockholder, director or
officer. If a situation should arise, the individual should disclose the nature
of such interest to the supervisor.

Information obtained as a result of employment, that is not information

generally available to the public, may not be communicated to any
individual(s) or organization(s) outside.

Whereas Kenyan employees are free to participate in the political process of

their country, they may not under any circumstances link the organisation to
their political activities, or in any way state or infer that the organisation
supports their views or actions. Employees who are not nationals of Kenya
are forbidden to participate or otherwise interfere in the internal political
affairs of Kenya.

The organisation strives to be in strict compliance with all laws and

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 regulations that are applicable to its activities. In the event that a regulation
is ambiguous or difficult to interpret, the organisation has access to legal
counsel in order to determine compliance with a policy and observance of
all laws and regulations. Such advice should be sought if any questions
arise.

E. Code of Conduct

The mission and values govern the conduct of all undertakings. We intend
that our practices be compatible with the stated priorities of the countries
in which we work. The code of professional conduct and ethical behavior
must be observed in all environments, and honesty and integrity must
characterize all activities.

Activities contrary to the Code of Conduct are:

1. Any conduct which results in unethical personal financial enhancement

for any employee.
2. Unlawful acts committed in Kenya or abroad.
3. Any conduct considered discriminatory to other persons or groups on
the basis of culture, ethnicity, race, religion, health condition, age or
gender.
4. Conduct based on bias toward or against, consultants,
vendors/suppliers, donors or partners.
5. Gambling, betting or participation in lotteries during work hours or on
leased or owned property.

F. Discovery of Questionable, Fraudulent or Illegal Activities

Discovery of questionable, fraudulent or illegal activities which might be, or

might appear to an outsider to be, in violation of the organisation’s standards
and policies must be reported immediately to the Human Resources
Department.

G. Injury on the Job

Any injury or accident, even one not requiring medical attention, occurring
on the job should be reported to the supervisor as soon as possible. The
employee and witnesses may be asked to write a report of the incident.

H. Other Incidents Requiring Reports

A report should also be written of any injury occurring to a visitor on the

premises or in vehicles. Likewise, any unusual occurrence involving our
staff, visitors or property should be documented. In some cases, such as

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 theft or assault, the police may need to be contacted. The management
should manage all communications with external authorities.

12. DISCIPLINARY ACTION

Proven violation of standards and policies by any employee, regardless of the type
of appointment, will lead to appropriate disciplinary action. Depending on the
seriousness of the case, a disciplinary action may entail an oral or written
reprimand, suspension from duty without pay or separation and may be cause for
legal action. Generally, an employee must be given the opportunity to provide an
oral or written explanation or justification before the disciplinary action is taken.
Generally, only one disciplinary action may be administered per offense.

A. Types of Disciplinary Action

1. Oral Reprimand - An oral reprimand is generally made by the

employee’s supervisor. A note to the record of the oral reprimand is
made and later confirmed by the supervisor in a letter to the
employee. Plans for correcting the situation should be agreed to by
both the supervisor and employee. Timeliness is extremely
important with any oral counseling or reprimand, as it is the
opportunity for frank discussion of expectations.

2. Written Reprimand - A written reprimand is used when an oral

reprimand has already been administered without success, or when
the offense is more serious. The written reprimand is normally
signed by the employee’s supervisor and a copy is placed in the
employee’s personnel file. The reprimand should contain plans for
improvement including the method of follow up.

3. Suspension - A suspension is used when oral or written reprimands

have been administered without success or when the gravity of an
offense is so serious as to warrant a more stringent corrective action
of short separation. Suspension can be up to eight (8) workdays and
is usually without pay. Suspension with pay may be given while an
event or issue is under investigation. Any suspension should be well
documented in the employee’s personnel file. Suspension can only
be administered by the employee’s supervisor in collaboration with
the Management.

4. Separation for Cause - An employee may be separated for cause if

his performance is found unsatisfactory or if s/he is found guilty of
gross misconduct. Separation for cause may be effected
immediately and does not require advance notice. Where

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 separation is based on poor performance, the employee’s
separation should follow oral or written warning where a plan was
developed to address the poor performance. When an employee’s
performance is such that continued employment is not advised, a
transition plan may be implemented. The plan must be approved by
both the Management and the employee’s supervisor. Separation
can only be administered by the employee’s supervisor in
collaboration with the Management.

13. GOVERNANCE AND MANAGEMENT’S RESPONSIBILITY

The Country Director is responsible for disseminating this policy to all staff and for
instituting and maintaining a program to ensure that employees understand
standards and policies. Employees are responsible for reporting any suspected
violations of this code to the Country Director without fear of reprisal.

Responsibility for voluntary reporting possible violations of laws to appropriate

government agencies rests with management.

14. EMPLOYEE’S RESPONSIBILITY

Employees are required to abide by the foregoing code of conduct and conflict of
interest standards in their dealings with vendors/suppliers, consultants, donors
and other contacts. They are also required to report any violations of these
standards immediately to the employee’s supervisor and/or Country or Program
Director.

15. GRIEVANCE PROCEDURES

The grievance procedure reflects a process that promotes open dialogue to resolve
conflicts. The grievance process will be conducted in keeping with the
organisations values of trust and respect. An aggrieved employee should consult
first with her/his direct supervisor regarding actions, occurrences, or attitudes either
expressed or implied that are perceived as unfair or discriminatory. If a satisfactory
resolution to the problem cannot be reached, the employee should appeal to the
next level of management in the country (if any) in a personal meeting followed, if
necessary, by a written complaint.

No charge to leave or loss of pay will be made for attending a grievance

proceeding.

16. CONCLUSION

As an evolving document, these policies are subject to change. All employees are
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 encouraged to suggest changes to management.

ACCEPTANCE OF THE EMPLOYEE MANUAL AND PERSONNEL POLICIES FOR

EMPLOYEES.

Name (in block letters)

I have received a copy of the Employee Manual dated . I have read and
understood the manual and agree to the rules and regulations which it contains. I
understand that the manual is subject to change at any time.

Signature

Date

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