12Jan

Ethics and Integrity in Corporate Leadership

In the fast-paced business realm, ethics and integrity aren’t just buzzwords – they’re the keys to success. Leaders, take note: by embracing these principles, you build trust, inspire confidence, and shape a positive culture. Navigate challenges transparently, prioritize ethical decisions, and leave a lasting mark of true leadership in today’s dynamic business landscape. Success isn’t just about milestones; it’s about weaving a narrative of trust, resilience, and enduring impact.

09May

Supportive Workplace Culture

SUPPORTIVE WORKPLACE CULTURE

 A supportive workplace culture is a culture that prioritizes its employees’ well-being and encourages a sense of belonging and teamwork. It fosters employees who feel valued, respected, and encouraged to do their best work. Every firm needs a positive company culture since it inspires workers to put in their best effort. When employees are inspired, they may put in more effort and give their best effort.

Did you know that companies with highly engaged employees outperform their competitors in earnings per share? That’s because engaged employees are more productive, creative, and committed to the success of the organization. A key factor in employee engagement is a positive workplace culture, which fosters a sense of community, purpose, and mutual support among employees.

Elements/characteristics of a supportive workplace culture

A supportive workplace culture is characterized by

  1. Intentional focus on boosting morale and improving company culture. It takes intentional efforts from everyone within the organization. Leaders are responsible for setting the tone and making the culture a priority.
  2. Effective and clear communication both from the employer and employee. Communication should be clear, courteous and proactive. Nothing is more frustrating for an employee than an ambiguous job expectation. A positive workplace culture values clear and open communication among employees, and between employees and the management.
  3. Employees receive appreciation for their efforts and successes and feel appreciated and valued for their contributions and ideas. Recognizing good work is an important morale booster and helps encourage employee engagement.
  4. An environment that promotes honest and open communication, where employees feel comfortable sharing their opinions, concerns, and criticism with their peers and superiors.
  5. In order to accomplish shared goals and objectives, employees are urged to cooperate and work as a team.
  6. The company provides training and development opportunities, mentorship, and other tools to promote the growth and development of its personnel. Best employees want more than to just punch a time clock each day for a paycheck. They want a c hance to better themselves and grow on their job. Companies that create a great work environment are often made up of leaders who truly value their employees and are committed to helping them grow personally and professionally.

 

Advantages of a supportive workplace culture

Creating a supportive workplace culture is important for the well-being of employees and the success of the organization. It can lead to a range of benefits, including improved employee retention, increased productivity, and better business outcomes. A supportive workplace culture can bring numerous advantages for both employees and the organization as a whole. Some of the notable advantages are

  1. It may result in higher levels of productivity, improved job performance, and job satisfaction. Increased employee engagement and motivation makes them feel feel appreciated, respected, and supported.
  2. When employees feel supported and valued by their organization, they are less likely to leave for other opportunities. This can lead to improved retention rates and reduce employee’s turnover, and creates a more stable workforce.
  3. A supportive workplace culture fosters a sense of community and teamwork, because it encourages open communication, mutual respect, and collaboration, which can lead to better collaboration and communication among employees, and improved team performance. This in turn lead to better teamwork and a more cohesive and productive work environment
  4. When employees feel supported and empowered to take risks and think creatively, they are more likely to come up with new and innovative ideas. This leads to improved products and services, and a more competitive edge for the organization.
  5. A supportive workplace culture can help reduce stress and promote mental health and well-being among employees. This leads to a happier and healthier workforce, and ultimately, improved performance, increased productivity and better business outcomes.
  6. A supportive workplace culture can help to attract top talent and improve an organization’s reputation as an employer of choice.
  7. When employees feel valued and supported, they are more likely to provide better customer service, which can lead to increased customer satisfaction and loyalty.

How to improve workplace culture

All stakeholders must commit to the continual process of workplace culture reform and work together to make it better. Organizations can establish a welcoming and encouraging work atmosphere that encourages participation, innovation, and productivity by using these methods.

  1. Encourage open communication between employees and leadership to create an environment where people can voice their concerns, share ideas, and provide feedback. An important measure of the heart and soul of company’s organizational culture is the way its people communicate with each other. It’s not the content of the communication that are important, but the way leaders and team choose to communicate.
  2. Leadership must model the behaviors and values that they want to see in the workplace. This can help establish trust, respect, and integrity within the organization.
  3. Give employees autonomy and decision-making power to create a sense of ownership and accountability. This can help increase engagement, motivation, and job satisfaction. Rather than micromanaging the team ie setting goals for instead of with them, but by setting the tone and expectations for how the teams function, leaders can build a great team that encourages autonomy. Teams don’t need to be told what to do, they need guidance. Giving your team this kind of self-governing power is one of the keys to building a culture of teamwork and contribution.
  4. Offer opportunities for employees to learn and develop their skills and careers within the organization. This can help increase employee loyalty and reduce turnover rates.
  5. Recognize and reward employees for their hard work, accomplishments, and contributions to the organization. Appreciation is feeling valued for one’s unique point of view, attitude, talent and contribution, while recognition is the action of showing appreciation. This can help increase morale, motivation, and job satisfaction.
  6. Provide a safe and healthy workplace environment that promotes well-being, respect, and inclusion. This can help reduce stress and mental health issues among employees.
  7. Establish a feedback mechanism to monitor and assess the effectiveness of workplace culture improvement efforts. This can help identify areas for improvement and provide insights into the organization’s culture.

In conclusion, in today’s job market, employers must offer more than just high pay and benefits to attract top talent. Modern-day job seekers want companies with a great work environment that makes showing up each day enjoyable. Not only does a positive workplace culture help attract and retain employees, it also has a direct impact on a company’s success.

To create a positive workplace culture, businesses should focus on fostering open communication, setting a positive example, empowering employees, providing opportunities for advancement, recognizing and rewarding success, fostering a welcoming work environment, and implementing a feedback mechanism. By investing in a supportive workplace culture, organizations can promote a more positive and productive work environment and, as a result, achieve stronger financial results.

01Mar

How to show Appreciation to Employees

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.

16Feb

Employers set to feel the pain of higher NSSF Deductions

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 3rd February 2023, the Court of Appeal set aside a judgement delivered on 19th 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 24th December 2013 and came into force on 10th 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 5th 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 31st 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 19th 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.

 

18Jan

Human Resource Outsourcing in Kenya

 

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’

12Oct

Mental Health and Wellness at the Workplace

Yesterday (October 10th) was World Mental Health Day. The objective is to organize support for mental health and increase awareness of mental health problems throughout the world. This year’s theme is to make Mental Health and well-being for all a global priority.

Mental health and wellness revolves around our emotional, psychological and social welfare. It affects how we think, feel and behave. Positive mental health is not simply the absence of mental health issues, such as depression or anxiety but predominantly about the presence of positive characteristics such as a feeling of purpose, contentment, maintaining fulfilling relationships and participating in life to the fullest. In the workplace setting, it determines how employees cope with everyday stressors and work productively to realize goals.

It is increasingly being recognized that the mental well-being of workers is a crucial determinant in their overall well-being and that poor mental wellness at the workplace can be a contributory factor to a range of physical illnesses like hypertension, diabetes and cardiovascular conditions, amongst others. In addition, poor mental health can also lead to burn-out amongst employees, affects their morale adversely and seriously affects their ability to contribute meaningfully in both their personal and professional lives.

Mental health problems have an impact on employers directly through increased absenteeism, negative impact on productivity and profits, high turnover rates, as well as an increase in company costs in efforts to deal with the issue.

Work related risk factors for mental wellbeing

Most risks relate to interactions between type of work, the organizational and managerial environment, the skills and competencies of employees, and the support available for employees to carry out their work.

Risks to mental health include:

  • Inadequate health and safety policies
  • Poor communication and management practices
  • Limited participation in decision-making or low control over one’s area of work
  • Low levels of support for employees
  • Inflexible working hours
  • Unclear tasks or organizational objectives
  • Job insecurity

Risks may also be related to job content, such as mismatch of tasks to employee’s competencies or a high and unrelenting workload. Risk may be increased in situations where there is a lack of team cohesion or social support.

Bullying and psychological harassment (also known as “mobbing”) is commonly reported as a cause of work-related stress by workers and present risks to the health of workers.

Strategies to promote mental wellness at the work place

Employer Employee
·        Provide relaxation spaces to unwind during breaks ·        Take part in employer-sponsored programs and activities
·        Dispense self-assessment tools such as work – life balance questionnaires ·        Nurture social connections at work to prevent social isolation and loneliness
·        Include mental health coverage as part of workforce health care plan ·        Look after their physical health
·        Managers should aim to create a healthier company culture ·        Practice self-care during breaks – for example, meditation and listening to inspirational podcasts
·        Ensure a proper health and safety policy is in place ·        Exercise coping skills during the work day – for example prioritization to avoid being overwhelmed

 Positive mental health allows employees to;

  • Recognize, express and regulate emotions
  • Empathize with others
  • Reach their highest potential
  • Flourish in their roles
  • Cope with changing roles, responsibilities and challenges

Negative effects of poor mental fitness in the workplace

  • Lack of engagement with one’s work
  • Low productivity
  • Reduced physical capability
  • Misaligned communication
  • Poor decision making

Conclusion

Human performance and mental well-being go hand in hand, therefore workplace wellness must be among a company’s top priority. Mental wellness is an initiative that should be a commitment of both the employer and employee in order to create a conducive work environment. A mentally stable workforce equals high productivity and longevity of an organization.

05Oct

Garden leave clauses in employment contracts

GARDEN LEAVE CLAUSES IN EMPLOYMENT CONTRACTS

Garden leave is a term used to reference the practice of having an employee work away from the office with limited access to the employer’s resources following a notice of termination or resignation.

Garden leave provisions may be included in employment contracts, separation contracts, or even full on non-compete and confidentiality agreements, depending on the goal that the parties want to achieve. These include:

  1. Protecting the Employer’s Legitimate Interest

Garden leave provisions to include terms that restrict the employee from engaging in competing business or practice with those of the employer during the pendency of the garden leave period. Non-solicitation clauses may also be included to limit the employee from contacting clients of the employer or from poaching other employees. Employers may elect to provide for a garden leave period long enough to thwart any of these threats from affecting their business, should they materialize.

  1. Safeguard against possible detrimental behavior of the employee

For employment contracts, the garden leave provision may be important to employers who need to immediately terminate an employee from employment but may be restricted by employment laws that require due process to be followed before termination of employment. For instance, in cases where an employee’s improper conduct is the reason for termination of employment and where the employer is of the opinion that the conduct may continue, the employer may deny the employee access to the office and to certain resources to safeguard against the bad conduct.

Rights and Obligations Provided by Garden Leave

  • A person on garden leave is still considered an employee of their employer and therefore continues to enjoy the benefits of the employment contract, such as the basic salary, fringe benefits, and in some cases bonuses.
  • Equally, the person is bound by a corresponding obligation to continue with his contractual duties as per his contract, but in some pro-employer contracts, the employer may reserve the right to assign those duties to the employee within the garden leave period.

Garden Leave as an Alternative to Non-Compete Provisions

Garden leave also sometimes includes restrictive trade provisions that limit the employee from engaging in competing business with the employer or from, soliciting employees and clients away from the employer. However, the Kenyan courts’ attitude on non-compete and restrictive clauses is quite clear

Garden leave provisions offer a good alternative to non-compete and restrictive trade clauses often so when the employer is seeking to protect legitimate business interests. The courts might be more tolerant of garden leave provisions as opposed to restrictive trade provisions because garden leave periods are usually shorter (1-3 months) than the typical non-compete 6months-12 months’ period.

Also, it may be easier for an employer to enforce garden clauses as opposed to restrictive trade provisions because of the continuing obligation of the employee towards his/her employer contrasted to the non-existent relation where non-compete clauses are used in separation agreements.

The Advantages of Garden Leave Provisions

  • Might be comparatively easier to enforce than non-compete clauses.
  • Offers a more orderly transition following the termination of employment contract contrasted with transition offered by the shorter 1-month notice period that is common to most employment agreements or separation agreements.
  • It is less likely to be overused by employers to stifle competition, compared to non-compete provisions, because of the cost implication.
  • Offers added protection to employers who have the ability to include restrictive clauses within the period of garden leave to prevent the employee from revealing critical information, soliciting clients, poaching employees, and working for a competitor against the employer’s best interest

Limitations of Garden Leave Provisions

  • Are expensive for an employer as they require them to continue to remunerate an employee who does not perform any work.
  • the protection period offered by garden leave provisions to safeguard against completion is shorter than that provided by non-compete period, which normally excludes an employer from competing with his employer for up to 6 months at least.
  • Case law on garden leave provisions is not sufficiently established neither does the Employment Act specifically provide for it, creating an un-certainty in the enforcement of garden leave provisions
  • The fact that an employee is still bound by his employment contract during garden leave may raise interesting questions about their constitutional right to freedom from servitude, especially when the employee does not want to continue to be bound.

Conclusion

The Employment Act (2007) does not make a provision for Garden Leave, however, the law of contract allows for its use where both parties are accepting of the provisions and agree to be bound.

Garden leaves presents a good common ground for both the employer and employees especially in negotiating post-termination terms. It will be quite interesting to see how the Kenyan courts develop jurisprudence surrounding garden leave as their use becomes more common in employment practice.

10Jun

The Pros of Outsourcing your HR Department

There are full service engage company is to provide solution for employees needs training manage the entire HR department for companies. We offer comprehensive employment services such as assistance

15Jan

HR Adviser Performance Goals and Standards

There are full service engage company is to provide solution for employees needs training manage the entire HR department for companies. We offer comprehensive employment services such as assistance