I need your advise my learned friends. There is a lady who is my close friend,aliresign job huko tuskys tarehe 2 mwezi huu. She wrote them a resignation letter and gave them.Now the problem is this, they are demanding 20k Ati akuwapea notice ataresign.sasa Mimi nauliza Kuna kitu Kama hio ama hawa majamaa nivitisho wako nazo.Here is the letter.[ATTACH=full]66430[/ATTACH]
@Nananimpa unaitwa
Hiyo watakata kwa Final dues unless Final dues ni kidogo. The catch will be if she wants a clearance or certificate of service from the company. If the employer she is moving to does not require a certificate of service then awachane nayo.
1 Like
She does not need Hizo cert zao
You dont give one day notice and expect to be paid. She should have given the requisite notice stated in her appointment letter or just walked away.
3 Likes
she presented the latter on the 2nd of November and said she was quitting the following day, i believe you are supposed to give a 1 month notice, i doubt she will part with physical 20k, thats just tuskys protecting their interests to ensure that they dont pay her dues because she is in breach of contract by not giving a one month notice
7 Likes
Tusker Mattresses Ltd,
Mombasa Rd,
Near Eastern Bypass,
Close to JKIA
What a dumb way of writing a physical address. Very vague
5 Likes
Mwambie asome the letter of appointment tena, i believe it has a clause that tells her to give notice of resignation of a stipulated number of days. Otherwise mpatie kiti.
1 Like
Mutiso… huko kwa wahindi mnapatiana notice?
1 Like
Why should I be denied my dues ? I worked for it.
Enda usafishe macho then ukuje usome hio comment vizooori
1 Like
@jimmy_m is probably right. She is in fact denying the company services that she had said she will be provide. I suppose the company can claim compensation for services not rendered, hence the 20k.
So nikumanisha athie akiumaga
in job contracts, check the clause on TERMINATION WITHOUT CAUSE, i will read something like below
Termination of employment will be by submission of one months notice or pay in lieu of notice on either side. This contract shall commence as of the date of this agreement and shall continue until one year from the start and thereafter, unless terminated by either party by serving upon the other party at least one months prior written notice of termination.
1 Like
The company is right on this one, any HR officer will tell you that standard procedure is that an employee should give at least a month’s notice or a sum equivalent to one month salary in case the notice is shorter than a month. I think it’s even in the Employment Act
Tuskys is right. I hope she had leave days. She can use that to reduce the 20k she is to pay.
hakuna kitu kama notice. Unatumia muhindi SMS, unasema umepata kazi kwingine
8 Likes
Notice ya 1 month ni muhimu if you need to get benefits or a clean recommendation from the employer…Otherwise, ngojea mshahara iingie upotee kama MH370
Depends on the procedure of termination in her employment contract. Most employment contracts require an employee to give notice if they want to leave and the notice period is usually prescribed in the contract. Failure to Which the employee has to pay the company. The obligation is normally two way, ur employer should also give u notice if it want to terminate the employment contract. If there was no contract regulating ur friend’s employment, she should look at the company employee’s code of conduct and the procedure of resigning and whether failure to give a notice of resignation warrants her employer to request for payment. In the absence of both the employment contract n the code of conduct, her employer is not legally allowed to do that.
1 Like
Mhindi unafanyia hivi wengi wao huwa na back up plan. Does he remit NSSF deductions?