Msaada wa sheria on mutual termination

[kimwelage]

Nafanya kazi kwenye sekta binafsi,niliitwa kwenye meeting na boss wakiwa na hr manager.wakanitumu utendaji usioridhisha,wakasema hawawezi kuendelea na mimi,wakaomba niache kazi by mutual separation,wakiniahidi kunilipa stahiki zangu za miezi 5,kwanza nataka kujua unaweza kumtuhumu mwajiriwa bila kuwa na supporting documents,pili kama nitakubali kulipwa ni miezi mingapi,na naweza kuwashtaki baada ya kuchukua hizo pesa

 

[G'taxi]

Usibishane na watu..yamkini MUNGU anakuepusha na mengi,unaweza kujitutumua lakini muachie MUNGU.chukua chako anza mbele na maisha yataenda

 

[Bernard bakari]

In law that incidence we call it redundancy due to poor perfomance and payment in redundance is matter of negotiation if you agree with your employer to be paid a total of salary of 5 months is relevant na acceptable you will have no any right to sue your employer unless you recognise that the reason used for redundancy was wrong and was done maliciously

 

[kimwelage]

In law that incidence we call it redundancy due to poor perfomance and payment in redundance is matter of negotiation if you agree with your employer to be paid a total of salary of 5 months is relevant na acceptable you will have no any right to sue your employer unless you recognise that the reason used for redundancy was wrong and was done maliciously

The reason used is not justifiable as this is jus a boss wishes without any tangible justification

 

[Bernard bakari]

The reason used is not justifiable as this is jus a boss wishes without any tangible justification

You have right to know a reason behind if you take money then you run to the court without knowing your weakness that lead your employer to terminate you in form of redundancy you can loose a case and pay back all money to your employer + other amount of money in shot you gonna be in criss let your employer give you a specific reason sir

 

[vitavyetu]

Hope you know the performance standards of your job, Am sure the employer set the standards before you entered into employment contract with him/her. Therefore before terminating an employee on the reason of poor performance the employer is required by the law to give appropriate guidance and instructions within reasonable time for the employee to improve the alleged poor performance. Failure to perform to the reasonable standards set out by employer that would result to fair termination of Employment contract.
Henceforth, Before termination the employer is mandated by law to call a meeting with employee in which the employer shall outline the reasons for the action to be taken, the employee shall be given an opportunity to make representation or defend ,such defence be taken into account before decision of termination is entered. If the defence is not considered by the employer ,the employer has to give reason as to why such representation was not considered . Finally the decision of the aforementioned meeting must be communicated in writing ,with brief reasons.
For that reason
1. You must know the employment standards
2. Must be communicated to the employee
3. The standards must be reasonable
4. Poor performance must be communicated to employee before termination
5. Employee must be given an opportunity to improve the performance.
when all the above procedures are not followed that would to unfair termination. Taking the payment due to you does not extinguish the procedural irregularities.

 

[kimwelage]

You have right to know a reason behind if you take money then you run to the court without knowing your weakness that lead your employer to terminate you in form of redundancy you can loose a case and pay back all money to your employer + other amount of money in shot you gonna be in criss let your employer give you a specific reason sir

Hope you know the performance standards of your job, Am sure the employer set the standards before you entered into employment contract with him/her. Therefore before terminating an employee on the reason of poor performance the employer is required by the law to give appropriate guidance and instructions within reasonable time for the employee to improve the alleged poor performance. Failure to perform to the reasonable standards set out by employer that would result to fair termination of Employment contract.
Henceforth, Before termination the employer is mandated by law to call a meeting with employee in which the employer shall outline the reasons for the action to be taken, the employee shall be given an opportunity to make representation or defend ,such defence be taken into account before decision of termination is entered. If the defence is not considered by the employer ,the employer has to give reason as to why such representation was not considered . Finally the decision of the aforementioned meeting must be communicated in writing ,with brief reasons.
For that reason
1. You must know the employment standards
2. Must be communicated to the employee
3. The standards must be reasonable
4. Poor performance must be communicated to employee before termination
5. Employee must be given an opportunity to improve the performance.
when all the above procedures are not followed that would to unfair termination. Taking the payment due to you does not extinguish the procedural irregularities.

Have understood you clearly except point number 5.those procedures were not followed by employer,I have no any warning regarding my poor performance,I have letter of congratulations for my good performance.i was called for the meeting just by WhatsApp that am needed at office,is when my boss started reading the allegations,after reading all allegations he summarised by saying,'with this gaps we can't continue with you',the hr gave me two options that either they terminate me or mutual termination of which they will pay me 5month salary.but no any procedures above was adhered.need clarification please