SONS OF DIVINE PROVIDENCE

Internal Staff Regulations

December

Nairobi

PRESENTATION OF THE SONS OF DIVINE PROVIDENCE

Aqui tienes que incluir a lo que se dedica elcentro, asi como las posibles Fuentes de
finaciacion y posibles beneficiaries.

A. GENERAL DISPOSITIONS

Article 1. DEFINITIONS

Except as otherwise indicated in these Internal Staff Regulations, the terms enumerated
shall have the corresponding definations:

a. Regulations shall refer to persons employed by Sons of Divine Providence or

documents that are made an integral part thereof.

b. Employees shall be refered to persons employed by SONS OF DIVINE

PROVIDENCE FORMATION HOUSE NAIROBI as defined in the Labour Code
and other Relevant Laws.

c. Employer shall refer to SONS OF DIVINE PROVIDENCE FORMATION

HOUSE NAIROBI.

Article 2. COVERAGE OF REGULATIONS

These staff regulations are intended to complement national legislation governing the
work conditions, rights and obligations of Employees.

B. EMPLOYEES’ OBLIGATIONS

Article 3. GENERAL OBLIGATION

All Employees must be aware of the responsibilities that the work of Sons of Divine
Providence entails and the purely Catholic religious of the institute.
Employees must promote the basic right of all people, irrespective of gender, race, age,
ethnicity, religion or political conviction.

In is strictly forbidden for SONS OF DIVINE PROVIDENCE FORMATION HOUSE

NAIROBI Employees to:

 Commit illegal activities such as the trafficking of children, drugs, diamonds,

arms, etc.

 Undermine the honor or dignity of the beneficiary populations of Sons of

Divine providence Nairobi Formation House through his /her actions.

 Commit any act of physical, sexual or psychological violence against the

populations with which Nairobi Formation House works.

 Commit an abuse of authority, abuse of power or exert pressure of any kind

whatsoever

 Trade or supply materials or service provided by Sons of Divine Providence in

return for sexual favors, financial favor’s or any other type of gain.

 Use Sons of Divine Providence Nairobi Formation House premises or

materials for purposes other than those intended.

Employees are expected to maintain a professional attitude while representing Sons of

Divine Providence and act according to the highest principles of morality.

Article 4. DUTY OF INFORMATION

Any modification in family composition, place of residence and/or marital status of the
Employee must be notified to the employer as soon as possible, any situation change will
only be considered on presentation of an official document.

Article 5. DUTY OF LOYALTY

An Employee shall perform the tasks entrusted to him, respecting the lawful orders and
instructions given to him by Sons of Divine Providence Nairobi Formation House

No employee shall modify the content or parameters of the tasks inherent to the position
to which he has been assigned without prior approval of the EMPLOYER.
Article 6. RESPECTS FOR COLLEAGUES, CONTACTS AND BENEFICIARIES

all Employees, shall behave respectively and professionally towards THE

EMPLOYER,colleagues, contacts and beneficiaries.

Article 7. PUNCTUALITY AND ATTENDANCE

Employees shall attend wok punctually in accordance with their prescribed work
schedule. Unauthorized tardiness must be immediately explained to the direct supervisor.
Repeated or unexcused tardiness may be subject to appropriate penalty.

In the event of unforeseeable absence, the Employee must inform his/herdirect supervisor
as soon as possible and provide a valid explanation within twenty-four (24) hours.

Unjustified absence will be treated as unpaid leave or deducted from annual leave
entitlement.

If an employee needs to be absent for personal reasons, he/she must first seek the
permission of his/her direct supervisor, by submission of a written request at least 2 days
in advance.

Authorized absences will be deducted from annual leave entitlement of the employee,
and thereafter shall be treated as unpaid leave if the employer no longer has any
remaining annual leave entitlement.

Article 8. ABSENCE DUE TO ILLNESS OR OCCUPATIONAL ACCIDENT

Sick or injured Employees must inform through their direct supervisor of their condition
as soon as possible, with medical certificate issued by a licensed medical practitioner
within two (2) days.

The employer reserves the right to have a sick or injured employees re-examined by the
practitioner of its choice.

Article 9. PERSONAL BELONGINGS

Employees shall not bring valuable belongings to the EMPLOYERS work area. In the
event of loss or damage, Orione Centre shall not be held responsible for the value or
replacement of such belongings.

Article 10. FINANCIAL COMMITMENTS

Employees are not authorized to enter into financial commitments with third parties on
behalf of the EMLOYER without the prior permission of the EMPLOYERS supervisor
authorized to incur expenses.

Article 11. USE EMPLOYERS MATERIALS.

Employees undertake to strictly comply with all rules regarding the use and maintenance
of the EMPLOYERS materials. Under circumstances may the EMPLOYERS materials
be used for personal use or for purpose other than those intended by the EMPLOYER .

C. GENERAL EMPLOYMENT CONDITIONS

Article 12. EMPLOYMENT CONTRACTS

A fixed-term contract (FTC) is a written contract of employment for specific limited

period. It can be renewed by written agreement as many times as permitted by the local
legislation concerned, but not beyond a maximum cumulative period of 2 years. Beyond
that period, a contract renewal must take the form of an open- ended contract.

An Open-ended contract (OEC) is a written contract of employment with no definite

date of cessation.

Each contract of employment states the start date and specific conditions of employment.

The Employee will provide the employer with any useful and / or necessary documents
required by the national legislation or any relevant government agency.

Article 13. TRIAL PERIOD

FTC and OEC contracts are subject to a trial period specified in the contract (maximo de
6 meses prorrogables por otros 6 meses, siempre que el trabajador este de acuerdo en
ampliarlo. Durante este period, cualquiera de las partes, pueden finalizar el contrato de
trabajo, pero se debe preavisar con 7 dias o pagarlos).

During this period, the parties may terminate the contract at any time, without either party
being entitled to indemnity or compensation of any kind, by giving seven (7) day written
notice.

The Employer can extend the trial period by another trial period equivalent in time to the
first one.

The trial period for FTCs and OECs may not exceed a total of six (6) cumulated months.

The probationary period for FTC shall not in any event exceed half the term of the
contract.

The renewals of Fixed-term contract excludes the trial period.

In the event of termination during the trial period, the Employee will receive as salary for
the days worked and any annual leave due.

Article 14. REMUNERATION

The Gross Basic Salary is defined according to the job description and the salary grid in
use. Salary will be as set out in the Contract of Employment and will be paid monthly in
Kenya Shillings. Salary will be subject to the usual statutory dedications. Housing
allowance is additional to the basic salary.

Seniority: experience with the FORMATION HOUSE NAIROBI is recognized by 2%

annual increase of the basic salary, up to a maximum of 10 years. There is no increase
thereafter.

Salary advances: a salary advance may be requested in case of an emergency, but will
always be at the discretion of the supervisor of the EMPLOYER. Advances will not be
given prior to the 15th of the month and will not be more than half of the month’s ne
salary.

Gratuity: on satisfactory completion of one-year’s service with the EMPLOYER, the

Employee will be paid a gratuity equivalent to half a month’s gross salary. The employer
reserves the right to the end or amend the scheme with notice at any time. He consultado
la obligatoriedad de pagar esta paga extra (1 anual).
Article 15. PROTECTION OF MINORS

No person below the age of 18 (eighteen) shall be employed by …………..

Article 16. WORKING HOURS AND TIMETABLE

Unless otherwise specified in the individual employment contract or in national

legislations, the working hours are set at a maximum of 48hours per week (Monday to
Saturday).

Employees are entitled to a minimum of 24hours rest in a period of 7 days.

An Employee who reports late for work shall immediately report to the workplace
supervisor to explain the reason of their lateness, which shall be evaluated for validity,
failure to observe working hours may give rise to penalties, the rules of which shall be
communicated by Orione Centre to the Employee.

Article 17. OVERTIME

In view of the specific nature of the activities of SONS OF DIVINE PROVIDENCE

FORMATION HOUSE NAIROBI, it is understood that certain flexibility in working
hours is essential and unavoidable. The employer shall ensure that the number of hours
worked by an Employee per week remains within the agreed limits. Should the work of
an employee exceed the number of hours agreed upon, the Employee shall be entitled to
overtime pay in accordance with standards prescribed by national legislation.

Overtime may only be paid if this option has been expressly requested and authorized by
the Employer with a maximum of 20hrs within 2 weeks.

Overtime is compensated by a cash payment corresponding to the hourly wage of the

employee increased by:

 50% for overtime realized outside official days off and public holidays.

 100% for overtime carried out on official off or public holiday.

D. LEAVE

Article 18. ANNUAL LEAVE DAYS

 The Employee is entitled to 21 working days paid leave per year, after twelve months of
service with his employer.

Leave days must be actually taken. Unsued leave days will not be reimbursed in form of
money (unless an employee leaves work).

Article 19. PUBLIC HOLIDAYS

A list of public holidays will be displayed on the information board when available.

Public holidays in Kenya are normally as follow: New Year’s Day (1 st January), Good
Friday (March/April), Easter Monday (March/April), Labour Day (1 st May), Madaraka
Day (1st June), Moi Day (10th October), Kenyatta Day (20th October), Independence Day
(12th December), Christmas Day (25th December), Boxing Day (26th December).

Article 20. OTHER LEAVE

Additional paid leave, which is not deducted from the annual leave entitlement, is granted
in the following cases; solo si quieres anadir permisos por bodas y muerted y hasta que
grado de consaguineidad.

Article 21. MATERNITY LEAVE

Every woman Employee is entitled to three months maternity leave with full pay
whenever she gives birth. A medical certificate stating the approximate date of delivery
must be presented to administration at least 4 weeks before the beginning of the maternity
leave.

Female employees working under FTCs have the same right, although they are limited to
the term of employment stipulated in the contract of employment.

Article 22. PATERNITY LEAVE

Every male employee is entitled to two weeks (10 working days) paternity leave with
fully pay provided that:
  An official birth certificate

 He has applied for paternity leave at least four weeks before the expected delivery

Article 22. SICK LEAVE

After two consecutive months of service with his employer, an employee shall be entitled
to sick leave of not less than seven days with full pay and thereafter to sick leave of seven
days with half pay, in each period of twelve consecutive months of service, subject to
production by the employee of a certificate of incapacity to work signed by a duly
qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a
dispensary or medical aid Centre. The employer reserves the right to choose a doctor
for an independent examination .
An absence of more than a day must be justified by certificate from a medical practitioner indicating the
estimated time before the employee can return to work . Any sick leave days not supported by a letter
from medical practitioner shall be deducted from annual leave or if there is an sufficient annual leave
balance it will be considered as leave without pay.

E TERMINATION OF THE CONTRACT AND DESCIPLINE

Article 24. TERMIANTION OF THE CONTRACT

Except in the case of early termination , FTCs will end upon expiry of their term, unless
they have been renewed in writing prior to that date for a fixed or indefinite period.

After the trial period , either party my terminate OECs by giving prior written notice or
payment in lieu of notice of one month . An employee is entitled to severance
( indemnizacion compensatorial ) pay at the rate of not less than 15 days pay for each
year of service where one is not under any retirement benefit scheme. In case of
immediate dismissal , one does not qualify for these benefits.

Whatever the reason for termination of the contract ,the employer must pay for any days
worked that have not been paid as well as any annual leave due (esto lo paga en todo caso
con independencia de la terminacion del contrato .En el supuestode despepido no se
pagara severance al trabajador).

If both accommodation and food are provided by employees cannot claim any financial
compensation.
For this purpose the employer will give the employee :

 The final settlement document indicating

A. Breakdown of the days worked
B. Breakdown of any annual leave due
 The end of service certificate

The employer reserves the right to immediately terminate the contract of the employees
in the event of gross misconduct.

Article 25 . DISCIPLINE

The employer has the right to summarily dismiss any employee without notice for gross
misconduct . The employee shall only be entitled to salary for the days worked and
annual leave accrued .

For less serious misconduct the employer shall issue a letter of warning . If an employee
has already received two warning and commits a further act of misconduct the employer
may summarily dismiss the employee without notice. (obligatonedad en la jima)

Article 26. WARNING PROCEEDURE

A written warning should always be issued and approved by the immediate supervisor it
has to be signed by the employee reuses to sigh the warning two witnesses should sign
confirming that the warning was presented to the employee and that he/she refused to
sign and taken it .

The warning then should be entered in the employee’s employment record. If the
employee receives two warning and commits a third misconduct he / she shall be liable to
summarily dismissal without notice.

Each written warning will clearly explain what the breach of duty was and any further
action necessary on the part of the employee or employer.

If the employee completes one year from the date of the warning without further
misconduct the warning entered on his / her employment record will be cancelled .

The employer may issue warning for reason such as:

 Absence from work without valid reason or permission for more than one working
day .
 Failure to observe working hours sleeping during work hours disorderly conduct,
negligence to duty or insubordination to supervisors.
 Transporting unauthorized goods personel in employer’s vehicle.

Article 27. IMMEDIATE DISMISSAL

In case of gross misconduct as outline in 17 of the employment Act and these staff
regulations the employee may be dismissed without previous notice .

The procedure is a summary dismissal is as follows:

 Letter of dismissal is written and signed by the employer and the employee.
Failure to comply may result in legal action by the employer’s
Signature on the letter of dismissal implies the forfeiture of all contractual rights
with the employer.

 Payment of salary and the leave accrued will be made up to the day of dismissal.
 In the event where the employee has taken an advance of the salary and is
dismissed he/she will be required to return the differences for the days not worked.

In addition the above the employer may terminate any employee without notice for
the following reasons:
 Drunkenness during working hours
 Illegal Act
 Unjustified absence for three or more working days in a row
 Theft of employer’s belonging, funds and property .
 Misrepresentation of his / her qualification and assumed false identity or certificate
and recommendations to the employer.
 Failure to observe written warning or written instructions of the employer
 Breach of confidentiality required by the employer
 Carrying arms or ammunition to the place of work
 Damage to equipment and property as a result of misuse or international
negligence.
 If an employee commits physical attack and uses abusive language towards any of
his /her supervisor or fellow employees
 An employee willfully neglects to perform any work which it was his duty to
perform or if he carelessly and improperly performs any work which is from its
nature it was his duty under his contract to have performed carefully and
properly.
 An employee uses abusive or insulting language or behaves in a manner insulting
to his employer or to person placed in authority over him by his employer .
 An employee knowingly fail or refuses to obey a lawful and proper command
which it within the scope of his duty to obey issued by his employer or a person
placed in authority over him his employer.
 In the lawful exercise of any power of arrest given by or under any written law an
employee is arrested for a cognized offence punishable by imprisonment and not
within fourteen days either released on bail or bond or otherwise lawfully set
liberty .
 An employee commits or reasonable and sufficient grounds is suspected of having
committed a criminal offence against to the substantial detriment of his employer
or his employers property.

F. FINAL PROVISIONS

Article 27. MODIFICATIONS

The employer reserves the right to modify and update the present regulations

Article 28. GOVERNING LAW

These Internal Staff Regulations and Contract of Employment are subject to

Kenya law.

Read and understood,

Employee:
Name ………………………………………..
Signature…………………………………..
Date…………………………………………….