Policies


 
 
  
 
 HUMAN RESOURCE POLICY
  


PRELIMINARY  
 
1. INTRODUCTION: 
 
1.1. Communiies in Development Activities (COIDA) is a 100% Community based organisation started in 2002. It was registered under the trustees’ incorporation Act in 2006 and the council for nongovernmental Organisation (CONGOMA) in 2007 with the aim of giving the marginalized to take part in developing their areas. COIDA is a member institution of MANASO, HRCC, URI and the National Youth Council of Malawi. 
 
2. MISSION STATEMENT 
 
2.1. To “facilitate empowerment of local communities especially youths and children in realization of improved living standards and achieve socioeconomic development in the impact area(s)”. 
 
3. CITATION AND APPLICATION: 
 
3.1. These rules and regulations may be cited as the COIDA Terms and Conditions of Service and shall apply to all grades of established employees of COIDA. The conditions are based on the Labour and Employment Laws of Malawi and shall be read and interpreted together with the documents for better understanding. 
 
4. INTERPRETATION 
 
4.1. “COIDA”: Means Community Youth in Development Activities. 
 
4.2. “Permanent employee”: Means a person engaged and performing duties on an established contract with COIDA which will depend on the particular project that each staff will be attached to and employed hereunder. 
 
4.3. “Temporary employee”: Means any person employed purely on temporary day to day or month to month basis to fulfil a specific task at a given time. The COIDA conditions of service do not apply to such staff. All consultants fall under these terms and shall not be eligible to claims under the COIDA conditions stated herein. 
 
4.4. “Probation period”: Means a period of 6 to 12 consecutive months immediately from the date of commencement of employment by an employee of COIDA depending on the grade of that employee. Details will be given to each employee in the appointment letter. 
 
4.5. “Duties and responsibilities”: Shall mean detailed stipulation of the employee’s job description and any other duties which may be assigned to an employee from time to time by the immediate supervisor.  
 
4.6. “Volunteers”: means community beneficiaries that help in the implementation of various projects implemented by COIDA. These will not be beneficiaries to these conditions except international volunteers who might be considered housing and other part time benefits within these conditions.  
 
5. APPOINTMENT 
 
5.1. COIDA is an equal opportunity employer.  All vacancies shall be advertised in the public media and recruitment of staff shall be based on merit after transparent interviews.  
 
5.2. The Executive Director and other senior management staff shall be appointed by The Board of Trustees. The middle management staff shall be appointed by the Executive Director on the recommendation of The Board of Trustees. Appointed staff shall be communicated to in writing and sign a contract or be asked to write a letter of acceptance. Each staff shall have a personal reference file kept in the Executive Director’s office. 
 
5.3. All employees of COIDA to whom these terms apply shall on engagement sign these terms and conditions of service and unless stated otherwise in the letter of appointment shall initially serve for probation 6 to12 months.  During such probation, either party may terminate the employment without notice. 
 
5.4. All appointments shall be subject to medical clearance by a local physician appointed by COIDA and shall not discriminate people living with AIDS (PLWAs). 
 
5.5. On engagement all employees shall receive a letter of appointment.  The letter of appointment shall state the position offered to the employee, the grade and starting salary, relevant salary scale, the length of probation period, and location of the position. In addition employees will receive 
terms and conditions of service and Job description 
 
5.6. If upon the completion of probation period COIDA is not satisfied with the employee it shall write a letter to him/her to that effect, and may either terminate the employment or may extend the probation by such period not exceeding 3 months from the date the first probation period ended as it may at its discretion elect.  Before an employee’s probation is extended, the reasons for extension shall be discussed with the employee and Management shall provide him/her with a written list of expectations which the employee should achieve within the extended probation period. 
 
5.7. Upon successful completion of probation period an employee shall be written a letter of confirmation of appointment and shall subsequently be regarded as having begun on the first day of the probation period. 
 
5.8. No annual leave or other leave entitlement shall be taken during probation and no payment in lieu of annual leave shall be made if an employee leaves or is dismissed from COIDA during the probationary period. 
 
5.9. All appointment and termination letters shall be signed by the Executive Director who is the only person authorized to make such commitments on behalf of COIDA Board. 
 
5.10. People called for interviews shall be reimbursed their transport costs, to and from the interview, based on production of valid receipts, using the cheapest public means of transport available. 
 
6. RELOCATION COSTS 
 
6.1. Newly recruited staff on first appointment and staff on transfer that has been initiated by COIDA shall be entitled to one of the following: 
 
6.1.1. Settling Allowance 
 
6.1.1.1. Settling allowance is payable to new staff or staff on transfer, who have found accommodation. This allowance is equal to one month employee’s housing allowance and is deductible within that month. 
 
6.1.1.2. Reimbursements for accommodation costs for five days, at the most cost effective accommodation centre. In Mzimba, chosen by COIDA’S management, for a period not exceeding five days when the employee is looking for a house to settle. Upon expiry of five days, COIDA shall not pay any extra costs for accommodation for the employee Meals and any other associated costs, shall not be reimbursed. 
  
6.2. The employee  
Newly recruited staff shall be provided with the costs of transportation of the employee, member of immediate family and his household, personal effects, to the new location. These costs shall not exceed 50% of the employee monthly salary. 
 
7. House  allowance 
7.1. COIDA shall provide rental allowance to Volunteers from voluntary Service organization (VSO),   Peace Corps and other similar organizations that provide manpower to COIDA. 
 
7.2. Such allowance shall not cover any other expenses incurred by the volunteers and shall be paid directly to the Landlord. (Appendix 1)  
 
8. STAFF IDENTITY CARDS/BUSINESS CARDS 
8.1. All staff including international volunteers shall have identity cards to facilitate official duties. Such identity cards shall be prepared by a reputable photo studio and shall be endorsed by the Executive Director. 
8.2. Senior Management Staff and Field Officers shall be allowed to possess business cards for communication.  
8.3. Cards shall always remain the property of COIDA during and after one’s employment. 
 
9. STAFF REMUNERATION  
9.1. Salaries shall be paid by cheque or directly into the employee’s bank account on the 25th of every month. If the 25th happens to fall on a weekend, salaries shall be paid on last preceding weekday. Cash cheques will only be paid to new recruits and for the period of only three months after which they shall be compelled to open bank accounts.  
 
9.2. Salaries shall be paid in accordance with formal qualifications, experience and responsibilities and shall be determined by COIDA in accordance 
with approved salary scales and grade as laid down from time to time by COIDA policies. 
 
9.3. Income tax as stipulated by Malawi government shall be deducted from each employee’s gross monthly salary and remitted to MRA by 15th of the following month. 
 
9.4. Wages of casual labourers shall be determined by references to scales established by Ministry of Labour, and shall in no circumstances be lower than the statutory minimum rates laid down wages by the law. 
 
10. INCREMENTS 
 
10.1. Salary increase shall be granted once a year, subject to donor funding, where possible taking into consideration of prevailing cost of living expenses, inflation or budget limitations.  This is going to depend on the appraisal results which will be conducted towards the end of every 
financial year and in line with the laid down grading and salary scale by 
COIDA  
 
11. PERSONAL LOAN 
11.1. COIDA does not provide loans to its employees. COIDA can approve loans for its employee to Standard bank account, if such loans can be covered by monies accruing in the employee’s pension. 
 
12. SALARY ADVANCE 
 
12.1. COIDA may provide salary advances to members of staff with exceptional Hardships. The management will determine recovery based on the issue requested for. 
 
13. MEDICAL SCHEME. 
Every employee and one spouse will be enrolled on executive medical scheme which will be paid by COIDA. Employees wishing to include their children will have to contribute towards the costs of those. To Management will be on VIP scheme while their spouses will be on Executive scheme.  Any shortfalls from any hospital will be paid by the employee in question. 
 
14. HOUSING ALLOWANCE 
14.1. A housing allowance of 20% of employees basic salary will be provided, and is payable together with salary. 
 
15. PERDIEM/ SUBSISTENCE ALLOWANCE 
   
15.1. Dinner, lunch and other incidentals will be paid to staff working out of their duty stations. This will at times depend on the approved project documents. However COIDA will every financial year come up with recommended rates which will be paid to either the place of lodgement or directly to the employee depending on circumstances. Refer to appendix 1 on per diems. 
 
16. CELLPHONE UNITS 
 
16.1. The Board, Executive Director and Management Staff shall be entitled to post paid cell phone allowances at the rates prescribed by the Board from time to time. (Appendix 1) 
 
17. TRANSPORT 
17.1. The Executive Director and Senior Management members shall have access to vehicles for official use and limited personal use for the Executive Director within Mzimba. At times Board members can also ask for assistance for vehicle use on situation where they require to execute organisational business. The use of the vehicle shall be subject to donor conditions and regulations. 
 
17.2. If a personal vehicle is being used in case of senior staff for official duties, then the organization shall reimburse fuel used upon production of valid receipts. 
 
17.3. In some cases the organization shall hire a vehicle for a certain period depending on agreements with donors funding a particular project. 
 
18. DISCHARGE OF DUTIES 
 
18.1. An employee shall; 
18.1.1. Apart from the duties outlined in his job, be called upon by the Executive director or by someone representing him or her on the instruction of the Executive Director to perform other related duties. 
 
18.1.2. Devote all his energy during the stipulated hours to his work with COIDA and all times faithfully comply with and perform all lawful and reasonable instructions of his skill and ability and with due punctuality and dedication. 
 
18.1.3. Not engage him/her in any income generating activity which interferes with his work with COIDA. 
 
18.1.4. All times conduct himself/herself honesty and properly in the course of such services towards COIDA, his colleagues and all the other persons with whom he may come into contact within connection with his employment. 
 
18.1.5. Conform to and comply with all existing COIDA rules and regulations as well as those which COIDA may institute in the future. 
 
18.1.6. Not use any of COIDA resources for profit or income and shall not enter in service or employment with any other person or Organization without prior written authority from COIDA. 
 
18.1.7. Not to absent him/herself from his designated work place except with permission of the line manager. 
 
19. WORKING HOURS 
 
19.1. Unless otherwise stated in the employee’s letter of appointment, the standard hours shall be 07:30 am – 12:00 noon and the 1:30 hours to 5:00 hours.  The Administrative Secretary will keep register where all staff members will be obliged to sign on arrival and departure. Any late arrival to work must be explained immediately to the immediate supervisor. Coming late repeatedly and inexcusably may lead to disciplinary measures being taken. 
 
19.2. COIDA will observe all public holidays but exceptions will be granted where staff members feel they have deadlines to donors and such will not be regarded as overtime. 
 
20. OVERTIME. 
20.1. Members of staff may be required to work after normal working hours or during weekend depending on available workload except for drivers and Watchmen. No overtime charge will be claimed because this is the nature of the work being undertaken by COIDA. 
 
21. DUTY STATION/TRANSFER. 
 
21.1. An employee at the direction of the ED upon recommendations by lime managers may be transferred to another unit or department, after discussion with the employee wherever possible, reasonable period notice shall be given. 
 
21.2. An employee may be assigned other duties not stipulated in his job description or may temporarily be transferred to another department, programme or unit. Employees affected in this way shall be expected to accept in the general interest of COIDA. 
 
22. STAFF APPRAISAL 
 
22.1. Every employee shall be subjected to staff appraisal conducted by either the lime manager, ED or the Board. The employee evaluated shall have the opportunity to see, read and comment on the overall written appraisal. Increments will depend on the outcome of this yearly appraisal. 
 
23. STAFF TRAINING AND DEVELOPMENT 
 
23.1. Staff training and development is not an entitlement to employees, but shall be provided depending on recommendations of performance appraisal, conducted by employees immediate supervisor. 
 
23.2. COIDA shall provide Staff Training and development, depending on availability of funds and will be subject to donor funding in the following areas: 
 
23.2.1. Provision of part or full cost of Annual Subscription fee, Examination fees, Registration fees, to employee’s professional bodies that are relevant to their respective professions 
 
23.2.2. Provision of part or full cost for Short –Term courses to assist employees advance in their respective professional areas to relevant approved colleges or institution within, and outside Malawi.  
 
 
 
24. DISCLOSURE OF INFORMATION 
 
24.1. An employee shall keep strictest secrecy of any information acquired in the course of his duty or by virtue of his/her position with COIDA. This includes information relating to other employees. 
 
24.2. Employees are not authorised to make any declaration (in whatever from) to the press or media and the general public without the formal authorization of the Executive Director. 
 
25. TERMINATION OF SERVICE 
 
25.1. Termination of service by either party after completion of probation shall be by one months notice in writing or one month salary in lieu of notice. 
 
25.2. If for any reason notice given is inadequate, a cash payment in lieu of notice shall be equal to the employee’s daily rate of pay for each day notice is not given. 
 
25.3. Annual leave may not be taken during the period that an employee is serving notice to terminate. 
 
25.4.   COIDA serves the right to revoke these conditions on the basis of: 
 
25.4.1. Provisions within procedures 
 
25.4.2. The staff member has been certified permanently unable to work  by   COIDA approved doctor. 
 
25.4.3. Imprisonment or conviction of an offence.  
 
 
 
26. TERMINAL BENEFITS.  
 
26.1. All employees of COIDA who agree to the contributory pension scheme established will be entitled to full employees account benefits and part or all of the employers contribution depending on the way they leave the organisation. 
26.2. COIDA shall deduct all outstanding debts or outstanding advances owed including the value of COIDA property lost, damage or unaccounted for by an employee from the terminal benefit or final salary if not on pension. 
 
27. TERMINATION OF EMPLOYMENT 
 
27.1. On termination an employee shall be issued with a letter of termination which shall state the reasons for termination. All queries regarding termination shall be in writing to the E.D. appeals can be made to the board before anywhere alse. 
 
28. PENSION CONTRIBUTION 
28.1. COIDA shall provide 11% contribution and employees shall provide 7% in pension contributory scheme, administered by either NICO Life or NBS Bank limited 
 
29. DISCIPLINE AND DISMISAL 
 
29.1. An employee who is alleged to have engaged in minor misconduct, improper behaviour, negligence or poor performance shall be dealt with as follows:-  
29.1.1. An employee shall first be given a verbal warning by the immediate supervisor and such notice shall not be recorded on his personal file. Should there be no repeat of the offence or if there is a marked improvement within two months the verbal warning shall be discarded in consultation with the Executive Director. 
 
29.1.2. If however the employee does not improve the employee shall be given a written warning from the Immediate Supervisor, copied to the E.D, giving details of the offence and shall be given a period, which a sustained improvement is expected. A copy of this warning shall remain on the employees file indefinitely.  
 
29.1.3. If an employee does not improve, he shall be given a second written final warning, by his immediate Supervisor copied to the E.D, which shall again stipulate a period within which a sustained improvement is expected. Shall the offence still persist, COIDA shall consider the last warning after which contract may be terminated.  
 
30. SUSPENSION: 
 
30.1. In addition to the foregoing or as an alternative, the Executive Director may temporarily suspend an employee with or without pay, depending on the offences committed, pending further action. 
 
30.2. During police or internal COIDA investigations the ED may suspend an employee with or without pay depending on the nature of the offence provided that suspension without pay shall not exceed a period of one month. 
 
31. DISMISSAL 
COIDA may be compelled to dismiss an employee who does not change after following the three stages set procedure by the organisation. Appeals can be authorised to the Board before proceeding to any court of law in the country. 
 
32. SUMMARY DISMISAL 
 
32.1. An employee shall be liable for summary dismissal if he involves himself/herself in serious misconduct which naturally is criminal in nature. 
 
32.2. Serious misconducts for instance, warranting dismissal shall include:- 
 
32.2.1. Theft 
 
32.2.2. Endangering other people’s lives or property. 
 
32.2.3. Receiving bribes or illegal commissions by virtue of ones     position as an employee of COIDA. 
 
32.2.4. Fighting in office. 
 
32.2.5. Any other offence committed culminating in criminal     proceedings. 
 
32.2.6. Unjustified failure to carry out legitimate instructions from     authorized officers.  
 
32.2.7. Failure to protect COIDA properly under ones charge. 
 
32.2.8. Being drunk or otherwise intoxicated whilst on duty. 
 
32.2.9. Disclosure of COIDA confidential information to a person not   entitled to the information. 
 
32.2.10. False claims. 
 
32.2.11. Absenteesm exceeding 7 consecutive working days without     reasons. 
 
33. BEREAVEMENT: 
 
33.1. In event of death of a spouse, biological child or parent of an employee, COIDA shall provide a financial assistance towards the funeral expenses, depending on availability of funds but not exceeding 50% of an employee’s salary. 
 
34. DEATH OF AN EMPLOYEE. 
 
34.1. In case of death of an employee, COIDA shall provide a coffin worth up to 50% of the employee’s salary in addition to transport and expense allowance to enable proper burial within Malawi. 
 
35. ANNUAL LEAVE. 
 
35.1. All contracted employees shall accrue 2 days of leave for each month  in each financial year. 
 
35.2. New employees shall be entitled to annual leave upon completion of  probation period and no payment in lieu of leave accrued will be made  to an employee who leaves or is dismissed during probationary period. 
 
35.3. All accrued leave must be used within COIDA fiscal year that is 1st  July to 31st June. Unused leave will not be carried forward. 
 
35.4. There will be no encashment for unused leave balance. 
 
35.5. Annual leave must be requested in writing by a completing a leave application form at least 2 weeks before the proposed starting date. The leave application form must be received and approved by the ED before an employee proceeds on leave. 
36. An employee to whom these terms apply who has his/her service  terminated for any reason shall receive the monetary value of the  earned unused leave calculated pro rata unless by mutual agreement  or part of earned leave is deducted from the required period of notice. If  at the date of leaving COIDA employment, an employee has taken  more leave days than he has accrued. COIDA shall recover from the  employee’s salary the monetary value of the excess days calculated  pro rata.  
 
37. SICK LEAVE  
 
37.1. During probation period and the first year of contract, an employee  shall be entitled to one month paid leave and two weeks unpaid sick  leave. 
 
37.2. Permanent employees who have worked for a period of over one year  shall be entitled to sick leave of two months on full pay, two months on  half pay and one month without pay. 
 
37.3. At the expiry of the unpaid sick leave, COIDA shall review continued  employment of the sick employee and may terminate employment with  normal benefits stated in this policy. 
 
37.4. Any employee unfit to come to work due to illness must ensure that his  line manager is informed in writing as early as possible. Failure to do  so may result in loss of benefits under this clause and the days off may  be regarded as unpaid leave  
 
37.5. A medical certificate from a Doctor approved by COIDA must be  produced after the third day of absence from work due to illness.  Additional medical certificates will be required on expiry of the date  stated on previous medical certificate. 
37.6. An employee who falls sick while on annual leave may have his/her  annual leave period extended if the sickness is supported by medical  certificate, the annual leave may be converted to sick leave at the  discretion of the ED. Such an employee is entitled to the remainder of  his annual leave. 
 
38. MARTENITY LEAVE. 
 
38.1. Employees who have completed one year of service by the time they  are six months pregnant shall be entitled to 90 days maternity leave on  full pay. Up to one month can be taken before delivery and the  remainder after delivery. 
 
38.2. An employee must give 2 months notice of her intention to take  maternity leave. 
 
38.3. Employees should announce their pregnancy as early as possible, and  on such grounds, they can be allowed time off for antenatal clinic visits.  
The duration of the absence will be determined on case-to-case basis. 
 
38.4. Male counterparts are allowed up to one week to take care of the wives  after they give birth. 
 
38   PERSONAL LEAVE 
COIDA may grant an employee time off up to a maximum of 14 days within the calendar year with pay in the following circumstances: 
 
a) Death of a close family member- 3 days 
 
b) Death of an immediate family member- 4 days 
 
d) Employees wedding – 4 days 
e) When an employee’s child gets married- 3 days 
 
39. STUDY LEAVE 
 COIDA may grant study leave for a period of not exceeding two weeks, with pay as far as it falls within staff development requirements, but this is not an entitlement to members of staff. 
 
40. LEAVE GRANT 
38.5. COIDA will not be liable to pay leave grants to employees. 13th  cheques may be considered depending of performance of employee’s  in each calendar year. 
 
41. USE OF COIDA PROPERTIES/FACILITIES 
a. Personal use of COIDA telephones, e-mail, fax, photocopiers or other equipment must be approved in advance by Management and bills paid for in full when obtained. 
 
b. An employee shall sign for and keep up to date an inventory of all COIDA property entrusted to his care.  All such assets remain property of COIDA which must be used and looked after carefully and must be accounted for all the times.  Failure to return a property when an employee leaves COIDA employment shall result in the deduction of the cost of the missing property from his final payment.  Any outstanding balance shall be treated as a debt which COIDA shall recover from such an employee through legal process. 
 
c. An employee may be required to contribute towards the cost of replacing property damaged whilst in his care. 
 
 
 
 
42. FORCE MAJEURE 
 
a. In the event of force majeure, this employment contract shall be regarded as having come to an end with no remaining obligation on the part of either the employee or COIDA. 
 
43. SHORT TERM CONSULTANTS 
a. Consultants brought in to do a fixed or specific piece of work will be provided with Terms of reference and contract details of payments, cost and allowances, scope of work, penalties and terms of conditions of contract. 
 
44. AMENDMENT 
a. In the event of conflict between any of these conditions and the law for the time being in force in Malawi or a particular subject, the law in force of Malawi shall prevail. 
b. COIDA may at any time amend these conditions and in so doing shall always ensure that the Laws of Malawi are not contravened. 
 
These conditions of service shall be the only basis of relationship between COIDA and the employee, and nothing except as expressly stated herein shall be taken as having been meant, agreed or implied between the parties. 
 
 



2. 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
.
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

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
.
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