By Elizabeth Benu
“I have a part time job as an Electrician at a private owned company. For the past 6 months our employer has been withholding our salaries in order to have us work for him more. Every time we ask for our money he always makes a promise without keeping it. I feel that as a part time employee I have no rights to ask for my salary since we have not signed an official contract. What rights do I have as a part time employee?” writes John Mwangi in an email
With the struggle of balancing between work and life some of us take up part time jobs. Working part time can come with its challenges especially if you do not enjoy the same benefits as a full time employee.
Using Mwangi’s woes I choose to help address his issue and also offer more information regarding working as a part timer.
Should I sign a contract?
Mr. Benson Ng’ang’a, a Human Resource Officer at Bata Shoe Company, says that working without a contract is a dangerous thing.
“A contract is an important document and without it you get misused. You can be fired anytime or not receive your salary because you have no proof of employment.”
Section 10 of the Kenyan employment act 2007 supports this by saying, “A written contract of service shall state the name, age, permanent address and sex of the employee; the name of the employer; the job description; the date of commencement; the form and duration of the contract; the place of work; the hours of work; the remuneration and any other prescribed matter.
Should my salary be delayed?
According to the Employment Act, salary is due at the end of the day, at the end of a period not exceeding one month or at the end of each month.
“No employer shall make a deduction from the wages payable to an employee as an advance of wages in consideration of, or as a reward for, the provision of employment for that employee, or for retaining the employee in employment,” reads the Act.
Am I qualified to sue my employer?
“One can file a complaint but you need to have supporting documents for that,” says Mr. Ng’ang’a adding that, “if you do not have a contract, you can show evidence of working there such as your colleagues confirming you worked there.”
“An employee may file a complaint to a labour officer; not later than three years after the alleged unlawful deduction has been made,” reads section 25 of the Act.
He also adds that for an employee like Mr. Mwangi suing his employer may have its benefits if successful.
“When a person has no contract, the court assumes your position was permanent and rules in your favor. In addition to getting engaged permanently, you get other benefits such as house and transport allowances.” he adds.
Are the working hours lesser?
Mr. Ng’ang’a asserts that for a part time employee there are no specific working hours since it is usually an employer who regulates the working hours.
Any employee has rights in terms of working hours. The Act states that, “An employee shall be entitled to at least one rest day in every period of seven days. “
Mr. Ng’ang’a concludes by saying, “Even as a part time employee, ensure that you are working with a contract to avoid being misused by the employer.”
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The post What Rights Do You Have As A Part Time Employee? HR VITAL Tips appeared first on Career Point Kenya.Click on the TITLE link for the original.
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