Behalf in Charge of A Dispensary or Medical Aid Centre

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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. In case of immediate dismissal , one does
not qualify for these benefits.

Whatever the reason for termination of the contract ,Orione Centre 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 Oriene Centre 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 employees 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 Orione Centre . Signature on the letter of dismissal
implies forfeiture of all contractual rights with Orione Centre.

 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 Orione Centre 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 Orione Centtre.
 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…………………………………………….

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