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BORA FOODS SUPPLIERS LIMITED

P.O BOX 18758-20100


NAKURU
Phone:0720759924
Email:goodheartselect@yahoo.com

EMPLOYMENT CONTRACT

Employment Contract made the _____ day of _______________ between ……Bora foods suppliers
Limited (hereinafter called the "Employer") of Postal address Box Number ………….. of the one part
and Mr./Mrs./Ms. ____________________________ of Postal address Box Number ___________
and ID # ______________ (hereinafter called the "Employee") of the other part.

The Employee agrees to diligently and faithfully perform the duties of


(a) Title: ___________________________
(b) Department: ___________________________

as is stipulated within the Company policy and terms and conditions of service (see attached job
description) laid down by Bora foods suppliers limited

The Employee also agrees to abide by the rules and regulations that govern all Employees of Bora foods
suppliers limited which will be communicated to him/her from time to time as need arises.

The salary of the person engaged which shall be payable monthly in arrears shall commence from
________________ being the effective date of this Contract, provided that his/her progress will be
conditional upon the fulfillment by him/her such conditions as may from time to time be in force for the
holders of similar position within the Bora foods suppliers limited

TERMS AND CONDITIONS OF SERVICE

1.Contract Validity

This Employment Contract is for permanent and pensionable employment.

2. Probationary Period.
An employee is initially engaged for a probationary period lasting six (6) months. He/she shall be
confirmed in the post subject to satisfactory completion of the probationary period.
The Company reserves the right to extend the probationary period.

3. Termination of employment during probationary period

During the probationary period employment may be terminated by one week’s notice in writing by
either party. The full disciplinary and grievance procedures (see the Basics of Disciplinary Procedures
and Disciplinary Actions on Appendix 1) do not apply to probationary employees. However in cases
of dismissal or gross misconduct, the minimum requirements as outlined in the Employment Act will
be followed.

4. Remuneration.

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The employee will be entitled to the following remuneration:

A monthly salary of _____________________________


Housing Allowance______________________________
Total Gross Salary____________________________________

All above is subject to applicable tax deductions instituted by the Kenya Revenue Authority of Kenya.

5. Job Duties

The Employee will perform the job duties as set forth below.

……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
…………………………………………………………………………………………………………….

In addition to the above, the Employee agrees to perform other duties that are deemed customary by
other persons working in similar positions. The Employee further agrees that the Employer may assign
extra duties from time to time, as determined by the needs of the business.

6. Job Performance

1. The Employee agrees to perform all duties as listed above, to the best of their abilities. The
Employee further agrees to use time wisely and to adhere to work standards of the highest quality.
2. The Employee understands that failure to perform work in a satisfactory and timely manner could
result in their termination.

7. Performance Expectations:

The employee agrees to faithfully perform all duties to the best of their abilities and talents, and to
adhere to the highest quality of work standards adhering always to the best practices, common sense
and to execute their duties with due diligence and competence.

8. Confidentiality:

Certain information may be communicated to the ………………….., including trade secrets,


proprietary and other confidential information.

[_____________________________________________] agrees to hold all information obtained in


the normal course of business and communicated to employees by the company, clients, suppliers or
other third parties confidential. The employee may not disclose such information to any party inside or
outside of the company without the written permission of the company. The employee may not
disclose, distribute or disseminate confidential information in any way.

9. Conflict of Interest:

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The employee agrees to give top priority to the interests of the company, not to engage in any activity
that may be considered a conflict of interest, including but not limited to working for a second
employer in the same or like position at the same time as working for the Employer named in this
contract.

10.Working Hours

The Employee shall observe the standard working hours of the company. The company expects that the
Employee to execute his/her duties and responsibilities within the normal working hours in the context
of Bora foods suppliers limited

11. Public Holidays


The employee will be entitled to all official public holidays on full pay.

12. Annual Leave

An employee shall be entitled to 21 days annual leave. He/ she may, with the consent of the Company,
carry forward not more than 10 days leave to the following year. Any leave carried forward must be
taken by 31st March of the following year failing which the leave shall be forfeited.

Where the employee’s period of employment is more than 3 months but less than 12 continuous
months of service, the annual leave entitlement will be in proportion to the number of completed
months of service in that year.

13. Sick leave

The employee will be entitled to be paid sick leave not exceeding 14 days after 12 consecutive
months of service subject to production by the employee of a certificate incapacitation of
signed by a duly qualified medical practitioner.

For an employee to be entitled to sick leave with pay under clause 1 above the employee shall
notify or cause to be notified as soon as soon its reasonably practicable( not morte that ten
days) after the first day of absence and the reasons for it.

14. Maternity leave (where applicable)

The female employee will be entitled to be paid 12 weeks maternity leave provided she has
been employed for at least 180 days before the date of the delivery.

The female employee has to notify her employer on her delivery (estimated time of delivery) as
soon as practicable and her decision on how she intends to consume the maternity leave. The
employer should be given at least one week’s notice by the female employee before she goes
on maternity leave.

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15. Termination Notice

Either party can terminate this agreement with 2 months written notice or by paying salary in lieu of
notice for the relevant period.
Such written Notice of Termination may be for any reason recognized in law as being sufficient.
The employer reserves the right to waive any period of notice, provided that the employer shall pay
the employee for any period of notice or portion of a period of notice that is waived at the instance of
the employer.

The employer shall not be obliged to pay the employee for any period of notice or portion of a period
of notice which the employer agrees to waive at the request of the employee.

If the Employee after signing this Employment Contract neglects, or refuses, or becomes unable to
perform any of his/her duties or fails to comply with the rules and regulations from any cause
(excepting ill health not caused by his/her own misconduct), the Employer shall terminate this
Employment Contract forthwith and all rights and advantages accruing to him/her by virtue of this
Employment Contract shall cease

16. Redundancy

Clause 1:In the event of termination of the Contract due to the employer’s operational requirements,
the employee who shall have been with the company for three consecutive years shall be entitled to
severance pay of 15 days salary for every completed year of continuous service with the employer, in
addition to any other statutory payments.

Clause 2:

Clause 1 above shall not apply where an employee services is terminated on account of insolvency

17. Benefits
Employees are entitled to house allowance upon completion of probationary period at a rate of 15%
of the basic salary.
Employees can access soft loans for upto a one year repayment plan that is not interest based but
insists on monthly deductions of 10% of the basic salary.
Employees with stellar performances at work will be rewarded with paid for trainings on their
desired course that is connected to the line of work.
A bonus at the rate of 1% will be offered on sales exceeding the prescribed targets calculated on a
monthly basis.

18. Medical
Employees shall be compensated for injuries sustained on duty only to the extent of the compensation
allowed and paid by the Director of Compensation in accordance with Work Injury Benefits Act. The
employer does not accept any liability of whatsoever nature for any injury sustained on duty.

In the event that an employee gets injured at his/her place of work in the cause of official duty. The
employee is expected to report the said injury to his immediate supervisor and a statement will be
recorded explaining the occurrence of the injury and witnesses thereto as soon as possible.

A medical scheme will be set up and all employees will be informed on its commencement.

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19. Disciplinary Issues

The employee will be subject to the company’s disciplinary procedure, code of conduct and policies
as determined and amended from time to time.

The Disciplinary Procedure and Code of Conduct is annexed hereto and forms part of this contract.
Grievances or problems can be raised through the stipulated internal communication channels

The Employee is required to acquaint himself/herself with the disciplinary procedures as laid down by
the Employer before signing this Employment Contract. (See the Basics of Disciplinary Procedures
and Disciplinary Actions on Appendix 1).

The Parties herein shall in all respects adhere to the terms and conditions of this Employment Contract
failure to which this Employment Contract shall be terminated by either side.

20. Certificate of Service


On termination of employment an employee is entitled to a Certificate of Service, the particulars
whereof is detailed in the Employment Act of 2007
.
21. General
Any changes to this agreement will only be valid if they are in writing and have been agreed upon and
signed by both parties.

I …………………………………………..have read and understood the contents ot this contract


together with the appendix herein and I have willfully appended my signature without any force or due
diligemnce. I promise to abide to all the terms and conditions herein

Signed by
(Full Names of Employee):

Signature:

Date:

Signed by
(Full Names)

Signature: Date:

on behalf of the Bora foods suppliers limited

In the presence of:

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Name:

Address:

Title:

Signature:

Date:

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APPENDIX 1

DISCIPLINARY PROCEDURES AND ACTIONS

The Employee shall abide by the laid down rules and procedures and any deviations from the expected
behavior shall render the Employee liable to disciplinary actions as follows:

Any of the following matters may amount to Gross Misconduct and therefore justify Summary
dismissal of an Employee, which shall constitute a lawful dismissal:

(a) Absence from work station without lawful cause or express permission of the immediate
supervisor (24 hours).

(b) Being intoxicated either by alcohol or drugs and an Employee rendering himself/herself
unwilling and or incapable of properly performing his/her work.

( c) An Employee willfully neglects to perform his/her work which is his/her duty to perform or
carelessly and improperly performs any work which from its nature it was his/her duty under
this Employment Contract.

(d) An Employee uses abusive or insulting language or behaves in a manner insulting to his/her
Employer or to a person in authority over him/her by his Employer.

(e) An Employee knowingly fails or refuses to obey lawful and proper command, which was
within the scope of his/her duty to obey, issued by the Employer or a person placed in
authority over him by his/her Employer.

(f) An Employee is arrested under any written law for any offence punishable by imprisonment
and the Employee is not within five (5) days either released on bail or bond or otherwise set
free.

(g) An Employee convicted by a court of law of an offence directly connected with the
Employee's duties for which he/she is punished with a term of imprison or which reflects
adversely on the honesty or moral integrity of the employee.

(h) An Employee knowingly misappropriates/defrauds, and or steals from the Employer.

(i) An Employee improperly discloses information about the affairs of the Employer.

(j) An Employee sleeps on duty, when he/she is supposed to be working thereby endangering
the safety of others.

(k) An Employee is dishonest in the course of his/her duties.

(l) An Employee who is greatly indebted.

(m) Fighting and assault or engaging in riotous and or unlawful strikes.

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(n) Harassment of other and female workers.

The list given above forms the basis of disciplinary procedures. In all cases where a serious offence
has been committed the Employer shall give consideration to dismissal action with loss of all
privileges as an appropriate disciplinary action.

GENERAL RULES FOR CONDUCT

Except for situations defined above under Disciplinary offences that constitute gross misconduct
punishable by summary dismissal, breaking the following rules shall amount to misconduct and
dismissal may follow Final Warning.

a) Punctuality
An employee who is perpetually late for his duties, thereby failing to observe working hours.

b) Refusal to take alternative duties


An employee who refuses to take alternative duties as instructed by his/her seniors.

c) In none performance of duties


In a case where an Employee fails to meet the set targets.

d) frequent absence from duty without permission


in a case where an Employee frequently absents himself/herself from duty without express
permission from immediate supervisor or lawful cause.

e) Private interests and private activities


An Employee engages in private interests and private activities that conflict with his/her official duties
at Bora foods suppliers limited

The list is not exhaustive; many more instances may be included as time goes by, a disciplinary
procedure circular will be made available to the employees.

I …………………………………………..have read and understood the contents of this contract


together with the appendix herein and I have willfully appended my signature without any force or
due diligemnce. I promise to abide to all the terms and conditions herein

Signed by
(Full Names of Employee):

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Signature:

Date:

Signed by
(Full Names)

Signature: Date:

on behalf of the Bora foods suppliers limited

In the presence of:

Name:

Address:

Title:

Signature:

Date:
I have read and understood the above

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