COIDA INTERNAL REGULATIONS

 

1. Application

 

The present rules and regulations will take place effect as 1st July 2017. 

 

They are to be applied to all employees engaged by the organization anywhere.

 

They stipulate the conditions of employment, the duties and rights of all employees working for Communities in Development Activities (also known as COIDA)

 

They are an integral part of all individual employment contracts within COIDA. All wage-earning staff are requested to familiarize themselves with this internal regulation immediately upon appointment

 

COIDA retain the right to make alterations and additions if required by circumstances, but is bound to remain within the national registration

 

2. General arrangements

 

• Number of working hours

 

The number of working hours is fixed at 45 hours per week average, exception for the watchman/guards who have to work 84 hours per week. Watch man /guards will work 12 hours per day no more than five days per week average. The other employees will work 8 hours (per day 5 days per week, and two Saturday mornings (2 times, 4 hours) per month

 

• Working times

The basic framework of working times is to be posted in the office. Lack of respect for these work times can lead to disciplinary measures

 

Due to nature of COIDA operations, flexibility of work hours is indispensable and unavoidable at time/. An employee may exceptionally be asked to work outside normal work times. COIDA will ensure that actual amount of time worked per week will remain within acceptable limits

 

• Faithful fulfillment of the employment contract

COIDA employees must accomplish the work entrusted to them, while respecting the orders and directives given to them. No one may change the contents of the tasks assigned to their post without prior permission

 

It is forbidden to use COIDA resources for personal purpose.

 

Employees on full time contract with COIDA are not permitted to work for any other employer than COIDA

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3. EMPLOYEES DUTIES AND OBLIGATIONS

 

COIDA is a non – governmental operating under neutrality and impartiality. COIDA employees are requested to perform their professional duties in the same spirit. That is, to understand and respect the COIDA character.

 

• Discretion

 

Employees are obligated to serve absolute discretion vis a vis third parties outside the organization as concerns the role adopted and activities undertaken by COIDA in the country. No other actions whatsoever which involve COIDA with other NGOs, international organizations or local authorities may be decided on without the prior agreement of COIDA. The employees should refrain from any act that could damage reputation and operations of COIDA at local, national or international level.

 

• Respect of COIDA property

 

All employees are obligated to keep in good condition any materials entrusted to them for work purposes

 

Under no circumstances are COIDA materials to be put to personal use or to any other use than the intended.

 

It is forbidden to remove, even for only a few days, thing which belong to COIDA

                     

• Punctuality and Diligence

 

Any late arrival to work must be explained immediately to the immediate supervisors. Coming late repeatedly and inexcusably may lead to disciplinary measures being taken.

 

In case of unavoidable, the employee must inform the COIDA program responsible for the immediate supervisor (even indirectly) as soon as possible and provide official evidence and a clear explanation for his/her absence within 48 hours 

 

When the employees need to take time off for personal responsible reasons, he or she must obtain prior permission from the immediate supervisor responsible (and the administration has to be informed)

 

Unjustified or unauthorized absence is a breach of conduct which may call for disciplinary action, and which can be considered as unpaid day off.

 

In case of the absence, employees do not have the right to find their own replacement unless expressly requested to do so by the COIDA administrator

 

4. REMUNERATION

 

? Salary and allowances

 

Employees’ gross salary fixed in Malawian kwacha is given in their employment contract.

 

A housing allowance is provided to the salary

 

Salaries are paid at the discretion of the COIDA accounts desk between the 25th day and the last day of the month.

 

• Advance pay

 

Advances of maximum 50% of the basic salary may be withdrawn after the 15th of each month but only with special authorization from   the administrator.

 

• Overtime

 

Overtime hours are considered as such when COIDA asks the employee expressly to work extra hours. Working during lunch time will not be considered as overtime and employee cannot leave before the knocking time. Overtime is calculated according to basic salary and increments are calculated   in the following way;

 

1) Odin ally overtime               50%

2) Night shift                           100%

3) Sundays and public holidays   100%

Any member of staff management (Grade 4 and higher) shall not be entitled to overtime allowances.

 

• A displacement per diem

 

Will be paid to employees whenever they have to travel for professional reason and spend one or more nights/ away from their work place, as requested by the supervisor. 

 

The work place means for all employees the entire Mzimba District and any within program area.

 

COIDA will try to find and book accommodation for his employee. If it is not possible, the employee will receive an advance equivalent amount per night for his or her standard accommodation. the employee will have to justify this advance and to explain any overspent.

 

The employee will also receive a per diem for meal that will be MK2,500 per meal. This per diem does not need justification.

 

• Seniority

 

Seniority is granted once a year of service has been completed with the organization. It is limited to 5% of the gross salary per year of service, with a ceiling of 10 years of service.

 

5. HEALTH CARE ARRANGEMENTS

 

• Illness

 

To benefit from health care benefits and paid sick leaves as provided for in the article 6.2, employees or their legal beneficiaries must seek medical care services approved by COIDA. The legal beneficiaries may be the employee, the spouse, their parents (fathers, and mothers) and any legitimate children under 18 years of age.

 

COIDA reserves the right to make a checkup visit (or to have gone made)

Treatment undergone for comfort or aesthetic reasons will not be reimbursed –only those essential ones will

 

• accident at work

 

In case of accident at work or on the journey (occurring during work hours or on the usual home-work commute, calculated to the shortest  time and  distance), COIDA will bear 100% of medical costs for a period of maximum 1 year depending on the superiority of the employee (refer to chapter 6:2)

 

• death or infirmity

 

If the employee dies or is rendered totally or permanently incapacitates by an accident at work, COIDA will recompense legal inheritors with capital equivalent to 3 months’ salary. In case of partial infirmity, the COIDA administrator will decide on the percentage of compensation according to the severity of the handicap. 

 

In case the death of the employee outside the work sphere or natural death, COIDA will contribute to the funeral costs with a fixed amount of  MK 10,000.

 

6. LEAVES

 

• COIDA annual holidays

 

The annual holiday constitutes employees’ rights

 

The employee may claim the equivalent of 1 working day of holiday per full month of service, to be taken with COIDA

 

Leave days must be taken, employees may not work during them to obtain a supplementary allowance.

 

The employees should put in request to the supervisor (minimum 1 month in advance), who must approve the dates of holidays before the employee’s departure.

 

• Sick leave

 

Sick leave will only be paid based on a sick note, signed by some medical personnel approved by COIDA.

 

Payment of salary will continue to the following norms;

 

a. From 0 to 1 year of service         1 month at 100%, 2 months at 50% after 0%

b. From 1 to 2 years of service         2 months at 100%, 4 months at 50% after 0%

c. From 2 to 3 years of service    3 months at 100%, 6 months at 3 year after50% after 0%

d. After 3 years of services        4 months at 100%, 4 months at 75%, 4 months at 50%, then 0%

 

Once the right to claim sick leave is over (that is 0%), the employment contract may be terminated.

 

In case of chronically illness or disability accessioned by any injury, COIDA will examine the circumstances thereof and may terminate the service of the employee concerned.

 

COIDA, may excuse periods of absence of a day less due to illness, injury or dental treatment, provided a valid certificate from some medical personnel (doctor, dentist, ophthalmologist or registered medical/clinical officer) to that effect is produced. Such excused period of absence shall not count against sick leave if they are reported to COIDA within reasonable time

 

• Maternity leave 

 

Women may claim 12 weeks of maternity leave (2 weeks will be taken before and 10 weeks after birth. COIDA may request a medical certificate which indicates the approximate date of delivery

 

• Circumstances of leave

 

a. Employees wedding days                                                                                3

b. Birth or adoption of a child days                                                                      2 

c. Death of first degree relatives (father, mother, children and spouses) days     5

d. Death of second degree relative (brothers, sisters, grandparent’s days               3

e. Child wedding days                                                                                            2

 

• Unjustified absences

 

Any day of absence from duty not justified by a medical certificate nor granted as circumstantial leave nor explained as an authorized day off or annual holiday, will be treated as absence, thus without pay

 

Any justified absence may be sanctioned  by a disciplinary measure (see article 7)

by immediate dismissal of the employee.

 

7. DISCIPLINE PROCEDURES

 

Any action considered to be misconduct may, according to the seriousness of the matter, warrant one of the other of the following disciplinary measure

 

• Warning

 

Written warnings will expire after a 12 months’ period for categories 1 and 2, 24 months’ periods for categories 3 and higher, only if no f further warnings have been issued during that period

 

Three valid warning letters automatically lead to immediate dismissal

Some of the reasons for written warnings are

 

a. Breaking or not obeying to the internal regulation

b. Rude behavior

c. Negligence of duties

d. Disregarding instructions from direct supervisors

e. Careless use of machinery or equipment’s

 

• Suspension

 

From one to three days, without pay, next incident justifying a warning automatically to dismissal

 

• Disciplinary dismissal for genuine and serious reasons

 

Immediate disciplinary dismissal without prior notice can be considered according to the gravity of the misconduct, dismissals are classified as

 

i. Serious professional misconduct 

 

a. Drunkenness

b. Refusal to work without accepted reasons

c. Repeated non respect of working hours

d. Aggressive and violent behavior

e. Deliberate breakage and /or damage of COIDA material

 

ii. Gross professional misconduct

 

a) Misappropriation, theft, abuse of trust

b) Serious transgression of the law and regulations as concerns security at work or the legislation general (which may lead to legal proceedings)

c) Deliberate disruption of the efficacy of the organizations activities

d) Attack against the image of the organization, or threats against the organization

e) Abuse of authority, threats, pressure exerted in order to obtain favours (sexual, financial, etc.)

 

The dismissed employee is entitled to receive payment of the salary up to date of dismissal. Outstanding claims of authorized expenses up to date of dismissal will also be compensated. No further claims will be validated

 

• Withholding salaries

 

In case of unjustified absence, loss or deliberate destruction of COIDA material, fraud leading to misappropriation or theft of materials /funds, COIDA may withhold /reclaim a certain percentage of the concerned employees’ salary.

 

 In no case, may amount of salary withheld be higher than the equivalent of the length of absence or sum price of the damage.

 

8. INTERRUPTION/ TERMINATION OF CONTRACT

 

• Probation period

 

Probation period is three (3) months

 

During this probation period, either party may terminate the contract at any point. No notice is due by either party. COIDA is obligated to pay only the days actually worked calculated according to the agreed salary rate.

 

• Termination by employee

 

Once the probation period has been served, employees must give at least 1 (one) months’ notice for each completed year of service (minimum of one month notice) if they want to terminate the employment contract. On the departure of the employee, COIDA undertakes to pay them,

 

a) Their due salary for the days worked

b) Salary for notice period if permission has been granted for them not to have to serve it

c) Payment for any paid leave still due

d) Certificate of service once their COIDA card has been returned

e) Full and final payment

 

• Termination as decided by employer

 

Once the trial period has been served, COIDA must give the employee 1 (one) months’ notice for each completed year of service (minimum of one month notice) if they want to terminate the employment contract. On the departure of the employee, COIDA undertakes to pay them;

 

a. Their due salary for leave the days worked

b. Payment of paid leave still due

c. A certificate of service once the COIDA card has been returned

d. Full and final payment

 

IN THE 2 CASES (8.2 AND 8.3), IT IS UP TO COIDA TO DECIDE WHETHER THE EMPLOYEE MUST SERVE HIS NOTICE PERIOD IN THE ORGANISATION

 

For all contract termination, all COIDA property will be returned by the employee, such as identity cards, clothing and tools, reports and records and any other material that will be kept by the employee before the last payment of outstanding wages

 

9. SPECIAL ARRANGEMENTS

 

COIDA activities are by very nature temporary, in consequence:

 

• Evacuation of the organization

 

In situations of total insecurity where workers must be evacuated, COIDA can make no guarantee whatsoever to transport its employees into safer zones

 

• Halt/force majeure of COIDA

 

Incase COIDA stops or is forced to stop, the employment contract will automatically end, without the employee having a claim to any other allowances than those provided for internal regulation

 

Drawn up in Mzimba on the 30 June 2017

 

                                                                   For Communities in Development Activities

                                                                                  Name: Patrick Jonathan Mwale

                                                                                  Position: Executive Director

                                                                                  Signature +COIDA stamp 

 

 The Employee 

Read and Approved

V