Category: HR Guides

Employees should receive feedback more often about what they are doing right, than what they are doing wrong. Positive behaviors can be strengthened by being emphasized, which helps to reduce undesirable behavior patterns. If the goal is to fulfill corporate objectives, work environments must be encouraging and nurturing because employees are always expected to perform more with less. Here are some ways employers can show appreciation:

1.    Touch base early and often

While regularly taking time to say hello to employees and check in with them might seem like an unnecessary drain on your productivity, these interactions are points of connection for your employees (and for you). They prevent your staff from feeling invisible. A colleague mentioned that simply hearing “Good morning” or “How are you?” from his department manager would have been as meaningful as formal recognition.

2.   Give balanced feedback

Employees want to know both what they’re doing well and where they can improve. Feedback to employees is information regarding their performance and also the information they can act on. Feedback must be shared in a manner that is understandable to them and is perceived by them as being provided in a highly respectful manner. Sharing feedback involves skills in effective listening, verbal and non-verbal communication, and working in multicultural environments. You should tailor your levels of encouragement and criticism to each individual, as everyone will react differently.

3.   Address growth opportunities

Employees want to know what the future holds for their careers. When managers take time to explicitly discuss growth potential or provide opportunities and “stretch” assignments, employees interpret it as evidence that they’re valued. Conversely, when managers neglect to address people’s development, employees take it as a sign that they are not.

4.   Make it a habit

Simply taking a few minutes to tell your employee specifically what you value about their contributions can have a tremendous impact. The range of options is almost limitless. The idea isn’t to create an automatic system for thanking employees, however, it’s more about permitting yourself to express your appreciation in a way that feels natural to you.

Conclusion

The best part of appreciation is that it’s free and doesn’t consume a lot of time. Anyone at any level can offer appreciation. It can be directed toward an employee, a colleague, or a boss. But when leaders get involved in the effort, a culture of appreciation spreads more quickly. Start by expressing more gratitude to those around you and see what happens. You might be surprised at what a big difference the little things can make.

A commentary on Civil Appeal No. 656 Of 2022 The National Social Security Fund Board Of Trustees Versus Kenya Tea Growers Association & 14 Others.

On 3^rd February 2023, the Court of Appeal set aside a judgement delivered on 19^th September 2022 by a 3-judge bench of the Employment and Labour Relations Court [“the ELRC Bench”], declaring the National Social Security Act 2013 [“NSSF Act 2013”] unconstitutional.

The effect of the judgement is to make the NSSF Act 2013 the operative law with immediate effect. The Act has certain salient provisions that rattle the status quo, hence the great public interest it has aroused.

Background of the matter:

The National Social Security Fund Act No. 45 of 2013 was assented to by the President of the Republic of Kenya on 24^th December 2013 and came into force on 10^th January 2014.

Following its enactment, five petitions were filed to challenge its constitutionality. 3 out of the 5 five consolidated Petitions were initially filed at the Constitutional and Human Rights Division of the High Court at Nairobi, but the High Court transferred them to the ELRC.

On 5^th August 2014, Petitions 34, 35, 38, 49 and 50, were consolidated with Petition 35 being the lead file

Issues canvassed at the ELRC

The consolidated petitions before the ELRC contended that:

1. That the enactment of the National Social Security Act No. 45 of 2013 (NSSF Act) in its entirety violated the Constitution of Kenya; and
2. In the alternative, some of the provisions of the new Act contravened the Constitution and the Competition Act.

On 19th September 2022, the ELRC found the National Social Security Act 2013 to be unconstitutional. The Court specifically found that the Act dealt with finance matters affecting county governments; therefore, the Senate ought to have been involved in its enactment. The Court went further to impugn specific provisions in the new Act as being unconstitutional.

At the Court of Appeal

Aggrieved by the decision, The National Social Security Fund Board of Trustees appealed to the Court of Appeal. It raised, among others, issues on the jurisdiction of the ELRC to entertain the matter. It also faulted the ELRC bench for failing to find that the disputes pleaded in the petitions did not relate to an existing employee-employer relationship. A similar challenge was raised by the Cabinet Secretary for Labour, Social Security and Services, The Competition Authority and the Attorney General in their Cross-Appeal dated 31^st October 2022. To them, determining the constitutionality of an Act of Parliament is a preserve of the High Court under Article 165 (3) (d) (i) of the Constitution. The Court of Appeal held that the ELRC bench lacked jurisdiction and set aside the judgment of the ELRC delivered on 19^th September 2022 in its entirety.

The Court of Appeal addressed yet another issue: whether the enactment of the NSSF Act 2013 required the participation of the Senate as provided under Article 110 of the Constitution. A Bill not concerning county government is considered only in the National Assembly. A Bill concerning county government may originate in the National Assembly or the Senate and is passed by both houses. The critical question was whether the Bill leading to the enactment of the NSSF Act 2013  was a Bill concerning county government as “a Bill containing provisions affecting the functions and powers of the county governments.”

The Court of Appeal found that the ELRC bench erred by holding the concurrence of the Senate, and the National Assembly was required to enact the legislation.

Implications of the NSSF Act 2013

The following are some of the implications of the NSSF Act 2013:

1. Under Section 18 (1) there is established both the Provident Fund and Pension Fund. The pension fund is mandatory and will cover all workers in the formal economy. The Provident Fund is voluntary, and it will cover the self-employed. The pension fund will pay members monthly pensions, while the Provident Fund will now replace the old provident Fund and make lump sum payments.
2. Section 18(3) requires members of the Provident Fund to migrate to Pension Fund subject to meeting the eligibility criteria for membership except voluntary members.
3. Section 18(4) makes it mandatory for “all persons” including employers to be pension fund members.
4. Section 19(2) has created a link between registration with the Fund and access to other government services. The requirement is that; (2) Any person who is registerable as an employer under this section shall produce proof of registration with the scheme as a precondition for dealing with or accessing public services.
5. Section 20(1): The rates of contribution to the new Pension Fund will be at 12% of the pensionable earnings (gross earnings) split as follows:-
   1. Employer – 6%
   2. Employee – 6%

There will be a gradual increment in the first five years of the commencement of the New Act as per the third schedule.

1. Under Section 23: The Self Employed Persons who are Members of the Provident Fund will pay Kshs. 200/= as the minimum amount of voluntary contribution to the Fund. The minimum aggregate contribution shall be Kshs. 4,800/= annually.
2. Section 27 provides for charging of interest on late payment. Section 24(2) (d) and (4) states in mandatory terms that all interests charged should be credited into the individual member account.
3. Section 35(4) gives the Board absolute power to decline to pay or vary payment to a nominated beneficiary.

 

 

Human Resource outsourcing includes engaging the services of a professional consulting company to handle all your end-to-end Human Resource requirements. It can be done over a short or extended period of time. Different HR companies offer different levels of expertise. Some companies mainly focus on outsourced Human Resource admin tasks such as payroll and documentation while others have specialized in a more holistic approach and will offer a wider range of services such as daily Human Resource support, compliance, proper record keeping, performance management, development and implementation of Human Resource policies.

Many business owners don’t entirely understand what HR outsourcing actually involves. For businesses struggling with issues that are more complex than your average day-to-day Human Resource tasks, a more comprehensive solution is required. A true strategic approach to outsourcing involves partnering with a HR firm to identify your business needs, audit your current HR current practices, and then develop a HR implementation plan based on the gaps identified. Outsourcing arrangements usually involve this Human Resource professional working on a part-time basis, although full-time hours may be negotiated either on-site or remotely from their office.

Why consider Human Resource Outsourcing?

1. Recurring compliance issues
2. Difficulties with attraction and retention e.g. unable to find the right people to fill certain job roles
3. Employee behaviour problems
4. Declining employee performance

The complexity of your needs and the size, industry and geography of your business will input into determining whether on-site or remote outsourcing is most suitable for your business. Remote outsourcing is generally an effective solution for smaller businesses who have less frequent HR requirements. The HR professional will be available for phone/emails to provide advice and discuss work to be completed. On-site outsourcing is often needed for larger businesses with ongoing and complex needs. This type of arrangement allows for a dedicated and objective HR professional to become ‘a part of your team.’

In conclusion, HR outsourcing helps CEOs and business owners achieve a strategic approach to their HR needs. HR Outsourcing gives you flexible access to professionals who want to partner with your business to deliver holistic solutions.

 

To request a FREE consultation meeting or a call, email us at info@hrfleek.com with the subject heading ‘HR Outsourcing Services’