About
iManage
imanage is a Management Consultancy firm specializing in Human Capital and Operations Process Management.
We explore the needs of your organization, identify the key components necessary for success, and work within your organization’s culture to achieve your goals.
imanage has earned a reputation for our genuine, empathetic, and credible interpersonal style that engenders trust strengthens relations and builds cross-functional cooperation.
Our Specialists are certified members of professional bodies such as the Institute of Human Resource Management (IHRM Kenya) and Institute of Certified Public Accountants of Kenya (ICPAK) who have worked with businesses across a wide variety of industries, helping them with all kinds of HR and Accounting issues.
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ASKED QUESTIONS
If you have a social media policy that includes what acceptable online behavior is, then you may
DISCIPLINE an employee that goes against the policy. However, employees have a right to privacy as
well as freedom of expression. It would be a violation of the employee’s rights if they were to be
disciplined for merely expressing their opinions on general matters that affect them at the
workplace.
If you make an express request for them to work overtime, then yes. If your employee simply has
work that spilled over from their regular work hours and they chose to remain and complete it, you
do not have to pay overtime.
According to the employment act, an employer must give the worker 24 hours’ notice for overtime
requests. A worker cannot be forced to work overtime and should be adequately compensated for
any overtime work.
Overtime pay is one and a half times the worker’s normal hourly rate for any time worked over the
normal working hours. If the overtime is on the worker’s normal rest day or public holiday, overtime
pay is twice the normal hourly rate. If the worker is not employed by the hour, the basic hourly rate is
deemed to be one-two hundred and twenty-fifths (1/225) of the employee’s monthly wage.
A worker cannot be asked to work more than one hundred and sixteen (116) hours in any
consecutive two-week period. For night workers, it should not exceed one hundred and forty-four
(144) hours for two consecutive weeks. An employer can offer time off in place of overtime pay if the
worker agrees in writing.
You are not required to offer additional medical insurance to your employees except the National
Hospital Insurance Fund cover which is a statutory requirement. However, section 34 of the
Employment Act requires that an employer shall ensure the sufficient provision of proper medicine
for employees during illness and if possible, medical attendance during serious illness
Often, a former employee’s potential employers will reach out for a background check. It is not illegal
to provide details about the employee’s performance where it is related to the role they are applying
for.
However, it is not required by law to give any information or reference to a former employee except
the certificate of service which should contain the following;
i. the name of the employer and his postal address;
ii. the name of the employee;
iii. the date when employment of the employee commenced;
iv. the nature and usual place of employment of the employee;
v. the date when the employment of the employee ceased.
Ordinarily, if your side-hustle is unrelated to the business of your employer, they should not.
However, this is subject to the provisions of your employment contract and the organization’s policy.
An employer can terminate you for having a side-hustle if;
1. it competes directly with the products or services offered by the employer’s business.
2. If it amounts to a conflict of interest as provided for in the Companies policies or
employment contract.
3. If you are using your employer’s time and resources to advance the side hustle.
4. If the side-hustle is an illegal activity; this adversely affects the company’s image since
employees are ambassadors of any company.
Most contracts will state that “the employee may be assigned any other responsibilities assigned by
the employer/management” as part of the job description. This essentially gives room for the
employer to give additional work outside the job description. However, it is possible to decline such
additional work if it affects the performance of your primary role.
We suggest that before you decline a task, ensure that you evaluate it in its entirety to avoid missing out
on learning and growth opportunities.
Approach your supervisor or HR respectfully in writing or request for a meeting with them to explain
why you are not able to complete the additional task. Bring to their attention that the task is not
included in your job description and that it eats into the time spent on your assigned tasks or that it
hinders you from executing your primary role to the best of your ability.
Pregnancy is not a ground for termination. You can sue your employer for unfair termination if this
happens. You are also not required by law to disclose your pregnancy status or future intention of
being pregnant to an employer or potential employer.
It is not mandatory to disclose your medical conditions to an employer. However, you may do so if;
1. The details are required for purposes of obtaining medical cover.
2. You have a chronic illness that could be subject to flare-ups while at the workplace.
3. You need time off regularly during work hours for treatment.
4. If it is an infectious illness that could affect the health of your colleagues.
It means that you cannot work for your employer’s competition for the duration stipulated in the
clause. This clause is put in employment contracts for sensitive positions such as innovations or
product development to prevent infringement of intellectual property and unfair/unethical trade
practices such as leaking confidential information to competitors.
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