COMPANY POLICIES CHECKLIST FOR NEW HIRES
Here is a company policies checklist to help you cover all the basics new hires should learn:
- Compensation policy. Present your company’s compensation policy. Make sure to cover:
- Payroll schedule (e.g. at the end of each month or biweekly)
- Ways to receive a paycheck, if applicable (e.g. via direct deposit, mail or in-person)
- Legal terms about overtime pay, if applicable
- Job performance-related bonuses
- Employee leaves policy. Mention the types and number of leaves that employees are eligible for. Also, describe how to request time off (e.g. send an email to managers or submit a form through an internal system.) Time off could refer to:
- Paid time off (or vacation days)
- Unpaid time off
- Days when the company does not operate (e.g., bank holidays)
- Sick leave
- Parental leave
- Special occasions
- Performance review policy. Describe your company’s performance review process. Explain:
- The purpose and frequency of employee performance appraisals (e.g., quarterly)
- Your performance appraisal software (if applicable)
- Topics you usually cover (e.g., quantitative results)
- Your goal-setting process
- Less formal methods to collect and share feedback
- Workplace regulations. Provide an overview of important workplace rules. These could include:
- Daily schedule (times of arrival and end of the workday)
- Breaks (e.g. lunch)
- Personal workstation management (e.g. locking drawers)
- Internet usage for personal matters
- Parking restrictions, if relevant
- Workplace safety policy. Explain all the measures you take to establish safety in the workplace. For example:
- Show where emergency exits are located in the building
- Go over basic guidelines for security (e.g. how to use access tokens)
- Describe your visitor’s policy
- Employee confidentiality policy. Discuss confidentiality rules and data protection procedures. Particularly, if your new hire will handle sensitive data, mention:
- What kind of information is considered classified
- How to share and store important documents (whether physical or digital)
- How to secure computers and the office
- Benefits overview. Describe what is included in your perks and benefits package. Make sure to provide necessary forms hires need to complete and manuals that explain terms in detail. Employee perks and benefits could include:
- Health and life insurance plan
- Stock options
- Mobile plan
- Use of company car
- Bonus options
- Wellness programs
- Remote work policy. Explain your policy for remote work and flexible working hours, if you have one. Cover:
- How to request work-from-home days (e.g., via email or internal HR software)
- Employee obligations while working remotely (e.g., employees need a strong Internet connection)
- Out-of-office best practices (e.g., employees should work in a private, quiet space and be available via the company’s messaging app)
- Any limitations (e.g., employees cannot work remotely during the launch of a new product)
- Employee travel policy. Describe your travel policy, if relevant. Provide the basics and make sure to offer a refresher before a new hire’s first business trip. Cover:
- Frequency and timing of travel (e.g. for company events quarterly meetings with distributed team members)
- Travel expenses you cover
- How to reimburse expenses
- Documents employees need for travel (e.g. passport and visa)
- Employee development and education policies. Mention training and development initiatives you offer employees. This could refer to:
- Regular training your company conducts (related to the new hire’s position)
- Conferences and workshops
- Resources (e.g. books and subscriptions)
- Online courses
- Education budget
Addressing grievances for county government employees, why rushing to court is not an option
Since 2013 when county governments were operationalized, taking the place of what were municipal councils, town councils and city councils, there has been many employment grievances pitting the new levels of government with employees. One would be forgiven to think that these were teething issues, which would subside with passage of time. That thought is not pardonable lately as the problems have persisted and worsened in the recent past, about a decade into devolution. The issues raised range from unfair termination, discrimination, sexual harassment, lack of payment, to low pay and lack of promotion.
Some of the employment grievances have been highlighted by the media, while many have not. A simple search for employment issues in counties on search engines bring out a plethora of hits. As with all disputes, knowing the procedure for redress is key.
The Public Service Commission is the first port of call
An aggrieved employee of a county government must first exhaust the appeal process at the Public Service Commission as provided under the County Governments Act and the Public Service Commission Act, one cannot come to Court in the first instance. Section 77 of the County Government Act provides as follows:
- Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county public officer may appeal to the Public Service Commission (in this Part referred to as the “Commission”) against the decision.
- …)
- An appeal under subsection (1) shall be in writing and made within ninety days after the date of the decision, but the Commission may entertain an appeal later if, in the opinion of the Commission, the circumstances warrant it.
From the above section the Court lacks original jurisdiction because the county employees, the trade unions, or the employer are required to first apply for review to the public service commission. Additionally, section 77 of the County Government Act, is couched in mandatory terms and the operative word is “shall”.
It is now trite that where a statute provides a remedy to a party, the Court must exercise restraint and first give an opportunity to the relevant bodies or State organs to deal with the dispute as provided in the relevant statute. This principle was well articulated by the Court of Appeal in Speaker of National Assembly vs. Njenga Karume [2008] 1 KLR 425, where it held that;
“In our view there is considerable merit…that where there is clear procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed.”
Section 77 of the County Government Act has been affirmed by the Court of Appeal in Secretary County Public Service Board & Another –Versus- Hulbhai Gedi Abdlle [2016] eKLR where it held that the petitioners ought to exhaust the appeal jurisdiction before the Commission as provided in section 77 of the County Governments Act and Article 234(2) (i) of the Constitution.
Also instructive is the case of Secretary,County Public Service Board & Another- Versus Hulbhai Gedi Abdille [2017] eKLR which in summary upheld the bar to the invocation of the court jurisdiction where there is alternative remedy and held that section 77 of the County Governments Act bestowed upon the PSC original and specialized jurisdiction to hear appeals on decision made by county public service board relating to employment of a person in the county government including the decision in respect to the matter listed under section 77(2)(a)to(g) of the County Government Act.
Related to the above is Section 87(2) of the Public Service Commission Act, 2017 which states,
A person shall not file any legal proceedings in any Court of law with respect to matters within the jurisdiction of the Commission to hear and determine appeals from county government public service unless the procedure provided for under this Part has been exhausted.
Section 89(1) of the Public Service Commission Act provides that any person who is affected by the decision of the Commission made under this Part may file the decision for enforcement by the Employment and Labour Relations Court provided for under Article 162 (2) (a) of the Constitution.
Under Section 89 (2) of the Public Service Commission Act, any person who refuses, fails or neglects to implement the Commission’s decisions is liable to disciplinary action in accordance with the applicable laws including removal from office.
Against that backdrop, the Public Service Commission (County Government Public Services Appeals Procedures) Regulations, 2016 has been passed to provide for elaborate procedures for hearing of appeals in respect of county public service. The provisions include, among other matters, procedures on lodging an appeal; notification of county government public service about lodging of the appeal; processing of the appeal; service of notices; hearings; recording of proceedings; findings and recommendations; making of decision; communication of the decision; hearing and determining the appeal in 4 months from the date of lodging the appeal; review; powers of the Commission on review; Communication of review decision; delivery of documents to the commission; and rights of appellants. The regulations provide that where the appeal is heard orally, then both the appellant and the respondent shall be given an opportunity to be heard and where necessary to present witnesses.
Conclusion
To avoid the perils of costs for suits dismissed for lack of jurisdiction, delayed justice, and lack of reprieve once a matter becomes time barred, familiarity with the procedure for addressing grievances by county government employees is very important. As the saying goes, ignorance of the law is no defense.
The Wage Councils is constituted in accordance with Labour Institutions Act 2007.
The Act establishes two wages councils: a general wages council and an agricultural wages council. The Cabinet Secretary is mandated to establish any other sectoral wages council on a need basis subject to the consultation of the National Labour Board.
A wages council shall consist of the following members appointed by the Cabinet Secretary–
- a chairperson;
- not more than three members nominated by the Board representing trade unions;
- not more than three members nominated by the Board representing employers; and
- not more than three independent members.
The members of the wages council are appointed for a period of three years and are entrusted with the following functions:
- to investigate remuneration and conditions of employment in any sector;
- invite and consider written and oral representation, in prescribed manner, from interested parties; and
- make recommendations to the Cabinet Secretary on minimum wage remuneration and conditions of employment.
Additionally, the Agricultural wages council may recommend to the Cabinet Secretary, minimum remuneration and conditions of employment of employees employed in the agricultural sector or any sector in which no other wages order is applicable.
On the recommendation of these Councils, the Cabinet Secretary may issue Wages Order setting minimum rates of remuneration (usually published on May 1st Each year). Minimum wages vary by occupational sectors, skill levels and geographical areas.
Wages Order
A wages order:
- sets the minimum rates of remuneration;
- specify the types and manner of deductions as well as the maximum amount/percentage of deductions;
- maximum amount deducted from pay in respect of rations supplied by the employer;
- regulate task based and piece work;
- regulate outwork, casual work and contract work; and
- other related terms on remuneration.
While determining the minimum wage, the Wage Council should take into account the following factors:
- the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups;
- economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment and the need to encourage investment;
- the ability of employers to carry on their business successfully;
- the operation of small, medium and micro enterprises;
- the alleviation of poverty;
- the minimum subsistence level; and
- the likely impact of any proposed conditions.
An employer who fails to pay statutory minimum wage or provide a worker with conditions of employment as provided under the Wages Order commits an offence.
In a top-down employee recognition system, an employee’s supervisor witnesses and recognizes their contributions. Top-down recognition can take many forms. Some examples are:
- Years of Service Award
In recognition of an employee’s continued contributions to an organization over several years, a ‘Years of Service’ award can be given at specific intervals or milestones. ‘Years of Service’ awards do not often involve financial compensation, but may include a gift of some kind. Commonly offered awards include plaques, engraved pens, or group greeting cards.
- Employee Appreciation Day
Employee Appreciation Day was created in 1995 by Dr. Bob Nelson as a way for companies to encourage conversation about daily recognition, celebrated on the first Friday of March. It is a day for companies to thank their employees for their hard work and effort throughout the year. This day was created for the purpose of strengthening the bond between employer and employee.
Organizations have been known to celebrate Employee Appreciation Day with small company-funded events like barbecues, or small office parties. Additional financial compensation is not often an element of Employee Appreciation Day.
- Annual Bonuses
An annual bonus is a financial compensation given to employees in addition to their base pay. Annual bonuses are given once per year, usually at the end of the fourth business quarter. Annual bonuses can be given for a multitude of reasons, but are usually based on performance, either the performance of the organization, the individual or both.
For example, Benard’s sales numbers exceeded her quota for four consecutive business quarters. To recognize her achievements throughout the year, Emma is given an annual bonus in addition to her base salary and commissions.
- Quarterly Bonuses
Quarterly bonuses are similar to annual bonuses but are metered out on a more frequent basis (per business quarter). Quarterly bonuses are most commonly given as part of a heavily performance-based compensation model. Sales organizations are common adopters of the quarterly bonus structure.
For example, Amina landed ABC Limited its largest customer this quarter. In recognition of that achievement, Amina is given a quarterly bonus at the end of the quarter.
- Spot Bonuses
Many organizations choose to thank workers ‘on the spot’ for achievements that merit particular notice. These bonuses are generally given in recognition of an employee exhibiting exceptional productivity. They are most often given by a direct manager, an indirect manager, or senior co-worker in the organization, but can also be given by co-workers as part of a peer-to-peer recognition program.
The on-the-spot nature dictates that spot bonuses are given at an irregular cadence, in contrast to annual and quarterly bonuses.
For example, Fatima’s attention to detail and quick thinking saved the company from losing a long-time client. In recognition of her valuable contribution, Fatima is given a Kshs. 50,000 spot bonus.
- Peer-to-Peer Recognition
In a peer-to-peer recognition system, managers, as well as other co-workers, are all empowered to recognize and reward the contributions of their colleagues. Some of the most common forms of peer recognition are:
- Gold Stars
Some organizations encourage employees to recognize one another’s contributions through the giving of small mementos. Gold stars are a good example of this type of recognition. These stars are sometimes given a tangible value and can be exchanged for real-life items.
For example: Despite an already busy schedule of coding, Jason decides to help out his colleague in the marketing department, who is having trouble implementing a new tool. He earned a gold star from his colleague Harrison in return for the impactful assistance he offered.
- Verbal Praise
Verbal praise is perhaps the oldest and longest-standing form of peer-to-peer recognition in the workplace. Verbal praise is given by colleagues, generally in an ad-hoc fashion, in recognition of a staff member’s valuable contribution. Although nearly always informal in nature, verbal praise is occasionally solicited as part of a formal staff recognition program.
For example, ABC Limited newest customer was extremely impressed with Emma’s timeliness and attention to detail. At the beginning of their sales strategy meeting, Emma’s colleagues all congratulated her on the achievement, showing their appreciation for her efforts.
- Microbonuses
Microbonuses are small monetary rewards given frequently by one colleague to another in recognition of a valuable contribution. Although micro bonuses can be given by managers to their direct reports, they can also be given by other colleagues, and even from a direct report to a manager.
Microbonuses provide several unique benefits. Like spot bonuses, staff recognition in the form of micro bonuses can be given in the very moment that a valuable contribution is made by an employee. Employee recognition given in the moment has the greatest potential for impact because the action is rewarded almost immediately when it is top-of-mind.
Due to their small nature, microbonues can be given often, providing multiple positive instances of employee recognition without dramatically altering an employee’s compensation.
For example, James new update to the company’s landing page improved conversion by 60 percent, and brought in three new signups in one day. James’ colleague Elisa gave him a microbonus because those new signups became part of her sales pipeline.
Despite the Employment and Labour Relations Court having been granted original jurisdiction on all employment and labour relations matters, that jurisdiction can by law be donated to the lower courts.
In exercise of the powers conferred by Section 29 (3) and (4) (b) of the Employment and Labour Relations Court Act, 2011, the Chief Justice appointed all Magistrates of the rank of Senior Resident Magistrates and above, vide a gazette notice, as Special Magistrates designated to hear and determine the following employment and labour relations cases within their respective areas of jurisdiction:
- Disputes arising from contracts of employment (excluding trade disputes under the Labour Relations Act, 2007) where employees gross monthly pay does not exceed Kshs. 80,000.00 as commenced and continued in accordance with the Employment and Labour Relations Court (Procedure) Rules, 2016.
- Matters relating to the following specific areas: –
- offences under the Work Injury Benefits Act, 2007
- offences under the Employment Act, 2007
- offences under the Labour Institutions Act, 2007
- offences under Occupational Safety and Health Act, 2007; and
- offences under the Labour Relations Act, 2007