Employment

With the need for flexible work arrangements, social media, new technologies and global mobility challenges, employers must ensure compliance with local laws and practices. My local knowledge and previous work with multinationals offer an advantage to clients in this region. The East African labour law landscape has changed in the last 15 years. The laws place many obligations on employers with large awards in damages being awarded for non-compliance. The employment relationship is deemed a “for cause” arrangement at termination compared to other countries where termination is on an “at-will” basis. Let me walk with you through the “termination for just cause” which is a different approach to the “employment at will” regime. Mutual separation agreements are enforceable in this region. When considering employing expatriates in Tanzania, Kenya and Uganda, employers must demonstrate local skills for particular jobs are unavailable or not adequate. The governments welcome foreign investors but are stricter on more established companies hiring expatriates over local hires.

There is less scrutiny on start-ups hiring expatriates. I can walk this compliance journey with you. My work experience spans private companies, not for profits and international firms. I work with businesses to plan for employment law traps and red flags in East Africa. Let me discover your work cultures to assist in preparing legally compliant workplace documents. Companies need the right work place culture to minimize legal and tax risks. I advise clients in all aspects of employment law including both contentious and non- contentious matters.

Services offered.

• Drafting of employee contracts including offer letters, confidentiality agreements, IP assignments, trade secrets, non-competes, secondments, severance and release agreements, confidentiality and restraint of trade clauses in employment contracts;

• Advice on the minimum requirements under the Employment Laws; Prepare, review and update HR manuals / hand books;

• Advice on pensions setup, restructuring, trust deeds and best practices;

• Employee benefit programs, employee stock ownership and incentives, employment tax structuring, director remunerations;

• Advice on the employment consequences of mergers and acquisitions;

• Managing the termination of contracts, redundancies, reorganisations;

• Negotiated settlements, arbitrations and related solutions out of the court system;

• Drafting employment contracts from junior to senior level contracts, management service agreements, consultancy contracts.

• Preparing employment policies and procedures;

• Advice on the employment consequences of business transfers;

• Harassment and discrimination claims, workers compensation after workplace injuries;

• Client updates on proposed law changes, Labour court directives and practice;

• Regulatory developments, compliance and monitoring labour law compliance;

• Interactions with government regulators including occupational health and safety, labour offices, immigration, labour unions;

• Chairing disciplinary hearings; - Drafting and reviewing charge sheets to disciplinary enquiries;

• Court representation, mediation and negotiation;

• Data privacy and protection, personnel records;

• Employment law trainings and workshops;

• Advice on cross border hiring and transfers, outsourcing, employee mobility;

• Employment law due diligence investigations and drafting due diligence reports;

• Internal investigations, employee risk management, whistle blower complaints;

• Annual or tailored client training sessions on compliance, updates on court developments, best practice, case studies, sector specific employment issues;

• General advisory services on employment matters which arise from time to time;

• HR setup including day to day HR advice, virtual lawyer support.

Fees.

Flexible fee packages include:

• One-time payment to review and prepare documents.

• One-time payment to prepare template policies, checklists, contracts.

• Startup fee packages matched to the development stage.

• A monthly fee to handle trainings, compliance checks, document drafting, contract reviews.

• Annual retainer package to handle ongoing employment law queries.

Your most important assets are your people. Feel free to contact me if I can support your business.