1.         INTRODUCTION

1.1      About Brainwave Careers

Brainwave Careers Uganda Ltd, hereinafter referred to as “BRAINWAVE”, is an educational company, founded in 2015, it was started to bridge the education gap in Career guidance and also deliver other educational services to young learners in helping them shape their career path.

BRAINWAVE ‘s action and philosophy is governed by a Charter: all BRAINWAVE staff must be aware of its contents and adhere to its fundamental principles while performing their professional duties.

BRAINWAVE Charter

Brainwave Careers provides assistance to all students, they do so irrespective of race, religion, creed or political convictions.

Brainwave Careers observes neutrality and impartiality in the name of universal educational ethics and the right to humanitarian assistance and claims full and unhindered freedom in the exercise of its functions.

Members undertake to respect their professional code of ethics and to maintain complete independence from all political, economic, or religious powers.

As volunteers, members understand the risks and dangers of the missions they carry out and make no claim for themselves or their assigns for any form of compensation other than that which the association might be able to afford them.

1.2      Scope of application

These Internal Regulations form an integral part of the contract of employment between BRAINWAVE and the Employee.

It applies to all Employees hired in Uganda and working under an employment contract with BRAINWAVE, regardless of whether they were hired before or after these Internal Regulations came into force.

The Internal Regulations are available in English in all office locations, posted and accessible to all staff.

By signing the contract of employment, the Employee is deemed to have read and understood the Internal Regulations.

•  GENERAL DUTIES AND OBLIGATIONS OF EMPLOYEES

All BRAINWAVE Employees shall abide by the following duties and obligations:

2.1      Respect of BRAINWAVE Charter and professional educational ethics  

Brainwave Careers Uganda observes strict neutrality and impartiality in the name of universal education ethics and the right to humanitarian assistance and demands full and unhindered freedom in the performance of its acts. The members, volunteers and Employees of Brainwave Careers Uganda undertake to respect their professional code of ethics and maintain complete independence from all political, religious or economic powers. Brainwave Careers Uganda is a limited company whose actions are governed by the Brainwave Careers Uganda Charter posted in all work locations. Employees shall read and understand the content of the Charter and adhere to its principles in their functions.

With regards to those specificities, any breach of education ethics, any discriminatory behaviour, any proselytism and any behaviour that may compromise Brainwave Career ’s image of neutrality and impartiality from an Brainwave Career Uganda member of staff shall not be tolerated and shall lead to disciplinary measures. 

2.2      Punctuality and assiduity

Employees shall come to work on time every working day. In case of unforeseen absence, the Employee shall inform his/her supervisor as soon as possible. A justification must be provided to the supervisor within 24 hours.

For positions that require a constant presence of an Employee, nobody may not leave his/her designated post until he/she is relieved by a replacement. In the event that a replacement is more than 15 minutes late, the active employee must inform the relevant Brainwave Career Uganda supervisor before he can leave his post.

It is forbidden to sleep during working hours.

Unjustified non observance of working hours, sleeping at the workplace and unjustified absences shall be sanctioned pursuant to Brainwave Careers ’s disciplinary procedures and penalties regulations.

2.3      Observance of contractual obligations and Brainwave Careers protocols, rules and procedures / fair execution of the work contract

Employees shall comply with their contractual obligations and shall maintain a high standard of diligence, honesty and commitment in the performance of their duties, and carry out effectively the tasks outlined in their Job Description.

Tasks assigned to one position cannot be modified without prior permission from the coordination team. Brainwave Careers Uganda Employees are not allowed to assign to another person or colleague a task they have been assigned inside or outside the Brainwave Careers Uganda team without prior permission from the coordination team.

Employees are bound to respect Brainwave Careers Uganda procedures, rules and protocols posted at the workplace or given to them. It is every Employee’s duty to stay informed on new notices, circulars or directives posted on the staff notice board. Documents posted on staff notice boards or in different worksites shall be considered as legally notified to the Employees, and shall be obeyed to and complied with.

2.4      Abusive use of professional position

Brainwave Careers Uganda Employees commit not to use their professional position within Brainwave Careers Uganda and their related personnel connections to solicit, accept or give favours, money and/or personal advantages of any kind outside of their work and functions goals.

Employees shall not use their position within Brainwave Careers Uganda to carry out acts of sexual or moral harassment, or any kind of discriminatory behaviour.

The Employee guilty of such behaviour shall be subject to immediate disciplinary action.

 The employee victim or witness of such acts has the right to alert (see the “Behaviour in the field” leaflet).

2.5      Pledge of discretion and professional secret

Brainwave Careers Uganda Employees undertake to respect absolute discretion and confidentiality towards third parties outside the organization regarding their activities and that of Brainwave Careers in the country.

While executing their duties, Employees may become acquainted with confidential information. Employees are under the obligation not to disclose any confidential information by any means to anyone, including other staff members, except under written authorization from the Brainwave Careers Coordination.

Educational confidentiality shall be strictly observed by all Brainwave Careers Employees. Except for educational purposes and in conformity with education ethics, no information regarding identity or physical/psychological condition of Brainwave students shall be disclosed, including to other Brainwave careers Uganda staff members.

It is strictly forbidden for Employees to make any declaration or public statement to the media on behalf of Brainwave Careers Uganda, except under written authorization from the Managing Director. No publication should be done in the name of Brainwave Careers Uganda or using information obtained thanks to Brainwave Careers Uganda without authorization from the Managing Director.

In general, Brainwave Careers Uganda Employees shall abstain from any speech or act that may endanger Brainwave Careers Uganda personnel and students or damage Brainwave Career ’s reputation.

2.6      Commitments in the name of Brainwave Careers Uganda Ltd  

Employees shall not commit Brainwave careers Uganda to any obligation towards any authorities, public or private entities, or persons without prior authorization from Brainwave Careers Uganda Management.

2.7      Conflict of interest – External activities

Given the nature of Brainwave Career ’s activities, Employees shall not, in general, be allowed to engage in external activities that are incompatible with Brainwave Career ’s values or have a negative impact on Brainwave careers.

Brainwave Careers Employees under full time contract shall not be permitted to carry out any work in any other business, industry or profession without prior authorization.

Brainwave careers Employees under part time contract shall notify their supervisor of the identity of any other employer they may work for.

2.8      Alcohol and illegal drug consumption

Brainwave Careers prohibits the illegal use of drugs (including possession, distribution, dispensation, manufacture or transfer) or being under the influence of alcohol or drugs on Brainwave Career worksites and vehicles.

This prohibition also applies to any other worksite where Employees may be assigned.

Working for Brainwave careers, under the influence of alcohol or any kind of drug is absolutely prohibited and will lead to disciplinary action.

2.9      Security rules and prevention of violence at the workplace

Employees are not permitted to carry arms or ammunitions at the workplace at any time.

Any kind of aggressive behaviour (quarrels, threats or physical assaults) shall not be tolerated in the workplace and will lead to disciplinary action.

Employees shall, at any time, respect instructions given to them regarding safety and security in the workplace.

Brainwave Careers Employees commit to report immediately any information regarding a possible threat or danger for Brainwave Careers Employees or students to the Managing Director or the person acting as Managing Director

2.10    Sincerity of declarations and documents submitted to Brainwave Careers Uganda

The validity of documents submitted to Brainwave Career’s administration regarding Employee identity, qualification, familial status and dependants or refund demands is under the Employee’s responsibility.

Identity theft, forgery and use of forged documents and false declarations of any kind may lead to disciplinary action.

Employees shall notify Brainwave Careers administration with any changes that could occur in personal data or family status. 

2.11    Use of BRAINWAVE property, equipment and vehicles

Any equipment provided by Brainwave Careers shall be handled with due care and following instructions.

Employees are personally liable for any Brainwave Career property put at their disposal for their work (including documents, reports, identification material, vehicles, communication devices, etc.) and are expected to keep in good condition any equipment entrusted to them.

It is strictly forbidden to use Brainwave Careers assets (including phone, office stationery, fax etc.) for personal benefit or any other use other than the intended purpose.

Identification material (including BRAINWAVE identification cards, T-shirts and stickers) should not be used outside working hours without BRAINWAVE authorization. They remain the property of BRAINWAVE and should be returned to BRAINWAVE Management in case of BRAINWAVE staff or Employee departure.

Brainwave vehicles (owned or rented) are to be used by authorized staff only. In any case, it is strictly forbidden to:

• transport a person who is neither a Brainwave Careers Employee nor student;
• use Brainwave Career vehicles for private purposes.

Access to Brainwave Careers premises (including offices, compounds and/or houses, warehouse) may be restricted. Employees undertake to follow instructions given regarding access to Brainwave premises.

• 3.         HEALTH AND SAFETY AT THE WORK PLACE

Brainwave Careers Uganda implements and guarantees all means for the proper execution of tasks assigned to its Employees as well as all measures to guarantee proper health and safety levels on the work place.

Every Employee shall strictly observe the standards and protocols established by Brainwave Careers Uganda concerning health and safety. Every employee should ensure never endanger his own safety, that of his colleagues, or any other person in the workplace.

• 4.         FAIR TREATMENT AT WORK

Brainwave Careers Uganda promotes equal opportunities at work, and prohibits discriminatory practices, including harassment of any kind on the work place.

Brainwave Careers Uganda ensures that all Employees are treated equally regardless of religion, opinion, gender, national, or social origin, health status, sexual orientation, marital status, pregnancy, age, disability, or any other personal characteristic, in terms of recruitment, remuneration, training or performance evaluation.

Brainwave Careers Uganda respects and promotes the right of freedom of association and expression as defined by the Ugandan law, and shall see to it that Employees are not discriminated for exercising this right.

• 5.         CONTRACTUAL POLICY

5.1      Age limitations

No person below the age of eighteen (18) shall be employed by Brainwave Careers Uganda.

The retirement age is sixty (60) years.

The employer reserves the right to retain the employee services under new terms and conditions.

5.2      Types of contracts

Employees will be issued with a written employment contract that will be either:

• For a fixed term or to perform a specific task or
• For an indefinite period of time.

Due to the temporary nature of its activities Brainwave Careers Uganda cannot guarantee the duration of the employment relationship.

If the Employee is not able to read the contract, the Employer shall read it in presence of a witness, provided that such a witness is able to read and translate.

5.3      Probationary period

A probationary period may be prescribed for a maximum period of six (6) months.

This probationary period may be extended for an additional period of maximum six (6) months with the agreement of the Employee.

The probationary period can be terminated at any time by the Employer or the Employee by giving a minimum of two (2) weeks advance notice in writing, or payment to the Employee of seven (7) days salary in lieu of notice (in the event the probationary period is terminated by the Employer);

• 5.4.     Job description

The job description is a document stating the responsibilities and tasks of the Employee’s position, its hierarchical and functional links and levels within the organization.

The job description has to be signed by the Employee when signing the individual employment contract.

Brainwave Careers Uganda Ltd reserves the right to modify the Employee’s job description whenever it is deemed necessary.

• 6.         ORGANIZATION OF WORK

6.1      Work schedule and working time

BRAINWAVE Employees shall work a maximum of forty-eight (48) hours per week over a six (6) day week. Working hours for certain Employees may be defined according to a system of shifts depending of the organization’s requirement. For such Employees the posted work schedule will specify the work start and end times for each day of the week and for each position. Moreover, pursuant to legal requirements, Employees working in shifts could be requested to work more than 48 hours per week if the average number of hours over a period of 3 weeks does not exceeds 56 hours per week.

Working hours are set according to a planning including breaks.

Employees are entitled to one (1) hour break for each working day.

Considering the nature of the activities, certain categories of employees (security guard, drivers) are required to take their break time at their place of work. These break times are considered effective working time. Conversely, the break time of the other categories of employees are not considered as effective working time and therefore are counted.

6.2      Day off

Employees are entitled to a day off in each period of seven (7) days of work.

6.3      Overtime

Overtime is work carried out in excess of forty-eight (48) hours per week or fifty-six (56) hours per week for employees in shifts.

To be compensated, overtime must be requested and approved by the Employee’s supervisor in advance. Overtime may only be offset against normal working hours or paid if this option has been expressly requested and authorised by the Employer.

For the well-being of the Employees Brainwave privileges to compensate overtime by time off according to following principles:

• Any extra hour (requested and authorized) between the agreed weekly working hours and the legal threshold will be compensated at the normal hourly rate.
• Any extra hour (requested and authorized) above the weekly legal threshold will be compensated according to the following rates:

• Overtime realised at day (5 am to 11 pm) is compensated by paid leave increased by 50%,
  • Overtime realised at night (11 pm to 5 am) is compensated by paid leave increased by 50%,
  • Overtime carried out on days off or public holidays is compensated by paid leave increased by 100%.

As an exceptional measure, the Employer may decide to compensate overtime by a cash payment, increased at the rates specified above.

Only overtime of more than half an hour per week is taken into account

• 7.         REMUNERATION AND BENEFITS

7.1      Salary

Each Employee’s basic salary shall be defined according to the position that the employee holds in organisation. The basis salary is specified in the work contract of the employee. 

Salaries are paid monthly in local currency (Ugandan Shilling), by bank transfer or, when not possible, in cash.
A monthly itemised salary slip will be issued to the Employee each month.

The Employee may receive one salary advance per month upon written request to Brainwave Careers administration in writing before the 15^th day of the month.

This advance cannot exceed fifty per cent (50%) of the Employee’s basic salary for the current month.

Brainwave Careers will make any and all statutory deductions as may be required by law.

This will include the PAYE (Pay as you earn) or income tax, the NSSF (National Social Security Fund), LST (Local Service Tax), and any other statutory deductions which shall be deducted from the Employee’s salary and remitted to the relevant authority in line with applicable rules and regulations.

7.2      Loyalty

Loyalty is an advantage provided to reward Employee’s loyalty within the company (BRAINWAVE), whatever the position held (i.e., the total duration of work experience with Brainwave Careers, all positions & all sections). In case of change of position, the loyalty shall continue to be accumulated.

After working for a full or interrupted period of twelve (12) months for any Brainwave section in Uganda whatever the position held, each Employee shall be granted an annual loyalty increment of two (2) percent of his/her basic salary (earned in the first year of such salary grade, or: N+0) with a ten (10) years cap[1].

Next loyalty step shall be reached after completion of full twelve (12) months of service, regardless of the activity rate of the Employee (full/part time).

7.3      Allowances

The existence and amounts of any additional allowances are defined unilaterally by Brainwave Careers and shall be detailed in annexed circulars.

These allowances, as well as their amounts and eligibility criteria may be subject to revision at any time, at Brainwave Career ’s discretion.

• 8.         HEALTH COVERAGE

Brainwave Careers Uganda provides health coverage to its Employees, in accordance with Ugandan laws and regulations. Brainwave Careers shall additionally provide health coverage to the eligible dependants in accordance with the Brainwave Careers Health Policy. All the details of health coverage are prescribed in the Brainwave Health Policy available at the HR/Administration office.

8.1      Sick leave

In case of sickness, the Employee shall inform his/her supervisor as soon as possible, and shall provide a medical certificate issued by a registered medical practitioner within the first forty-eight (48) hours of absence or, failing that, shall obtain permission of absence from the HR Manager in charge of such issue.

An Employee who, as a result of Disability, is unable to perform his/her work, either in full or in part, is entitled to continued salary payment for as long as the Contract of employment continues and for the duration of the Disability up to a maximum of:

A. 12 months after the first day of absence due to Disability; or

B. 18 months after the first day of absence due to Work-related Disability.

If the situation A (Disability) above applies, the Employer will guarantee the Employee’s last-earned salary for:

If situation B (Work-related Disability) above applies, the Employer will guarantee 100 per cent of the Employee’s last-earned salary for the full duration of the Disability up to a maximum of 18 months.

If after the Disability referred to situations A and B above, the Employee is still unable to perform his/her function or any other function, the Employee’s contract will be terminated as per Local law.

The Employee will no longer accrue loyalty after 4 months of Disability.

For an Employee on a fixed term Contract of employment, the provisions in this article will only apply after his/her probationary period and up to the end of the relevant fixed term.

8.2      Occupational accidents and illnesses

Employees shall report to their supervisor any accident or illness that may arise in the course of or in connection with work, in order for necessary action to be taken, including provision of care and compliance with medical procedures.

Any witness to an occupational accident must immediately inform her/his supervisor about it.

Pursuant to Ugandan laws, Brainwave Careers has subscribed to a group personal accident insurance policy for its Employees. Employees shall be covered within the scope of this private insurance policy, as detailed in the Brainwave Careers Health Policy.

8.3      Maternity leave

Female Employees are entitled to fourteen (14) weeks paid maternity leave. A medical certificate must be provided to HR/Administration office stating the expected date of delivery.

Female Employees working for a fixed term have the same rights, although they are limited to the term of employment stipulated in the contract of employment.

In case of multiple pregnancy (twins or more), maternity leave will be extended to 19 weeks (8 before, 11 after).

Any medical issue resulting from the pregnancy or delivery (certified by a doctor) that prevents the Employee from returning shall be considered as sick leave.

• 9.         LEAVE

9.1      Annual leave

Employees are entitled to 25 days of paid annual leave per full year of work, or a pro rata thereof for the time worked during the year. It means that for each full month of service, the employee is entitled to receive 2.08 working days of leave.

Annual leave shall be requested by the Employee to his/her direct supervisor and to the HR/Administration office at least one (1) month prior to the intended leave date. Leave approvals are granted in consideration of operational planning and work organisation.

Annual leave days must be taken within the calendar year during which it has been accrued; only under exceptional circumstances approved by the Human Resources Department, extensions until 31st March the following year is permitted for the remainder of the annual leave.

9.2      Public holidays

Employees shall benefit from all public holidays officially granted by the Government of Uganda.

Each year, Brainwave Careers Uganda shall notify the staff of these paid public holidays by posting the dates on the Staff Notice Board.

Due to the nature of Brainwave Careers ’s operations, Employees may exceptionally be requested to work during a public holiday, and shall be duly compensated as provided under Section 6.3.

9.3      Circumstantial leave and paternity leave

Employees shall benefit from additional working days of paid leave in case of occurrence of the family events listed below:

EVENT	NUMBER OF DAYS
Wedding of an Employee	3 days
Wedding of an Employee’s child or sibling (brother & sister)	1 day
Paternity leave in case of birth / miscarriage of a child	4 days
Death of a child or spouse	3 days
Death of mother, father, sister or brother	2 days

In case of scheduled event, the employee must notify his supervisor or administration two (2) weeks before missing. In the case of a fortuitous event, he shall notify Brainwave Careers of his absence as soon as possible.

Circumstantial leaves must be taken when the event takes place and cannot be fractioned.

In all cases, an official document certifying the event (wedding certificate, birth certificate, death certificate, etc.) must be presented to the Brainwave Careers administration as soon as possible, ideally on the day of resumption of work. These days will only be granted after authorisation by the direct supervisor and upon presentation of supporting documents within two (2) weeks; otherwise, such leave shall be deducted from the annual leaves.

9.4       Unpaid leave

Unpaid leave, under special circumstances, may be granted only with prior approval of the Management Team. Unpaid leave shall be requested in writing at least one (1) month in advance.

1. DISCIPLINARY PROCEDURE AND DEFINITIONS

10.1    Definition of misconduct

A misconduct is an act or an omission by an Employee that involves non-compliance with his/her obligations and responsibilities as stated in his/her employment contract, job description, these Internal Regulations, Brainwave Careers policies, applicable Ugandan laws, and/or any other provisions governing his/her employment relationship with Brainwave Careers Uganda.

A disciplinary measure shall be applied to sanction an Employee’s behaviour.

10.2    Scale of disciplinary measures

There are four (4) levels of disciplinary measures that may be taken depending on the seriousness of the Employee’s misconduct:

• Written warning;
• Suspension without pay;
• Termination for misconduct;
• Summary dismissal for gross misconduct.

The disciplinary measure must always be in proportion to the seriousness of the misconduct. Brainwave careers Uganda prohibits financial sanctions.

10.3    Written warning

A written warning is taken in the event of a disruptive behaviour of an Employee. The objective is to formally notify the Employee, to redirect him/her to his/her obligations and responsibilities, and request that he/she corrects this behaviour and/or refrains from similar actions in the future.

The Employee must acknowledge receipt of the warning by signing the warning letter.  In case the subject Employee refuses to sign, Brainwave Careers shall request two fellow Employees to witness and sign the warning letter and the subject Employee shall be deemed to have received the warning personally.

A written warning will remain valid for a period of twelve (12) months after it is issued.  After that, it will remain in the Employee’s file but cannot be accumulated with other warnings for the purpose of further disciplinary action.

Examples of types of misconduct that may lead to a written warning (non-exhaustive list):

• Non-compliance with working hours;
• Unjustified unauthorized absence;
• Failure to fulfil all or part of the job description;
• Unauthorized use of Brainwave equipment (such as: supplies, chairs, etc.);
• Non-compliance with orders and instructions given by a line authority;
• Violation of health or safety rules, etc.

10.4    Suspension without pay

Suspension without pay is a sanction that involves the temporary suspension of the employment of contract without payment of the salary, for a maximum of fifteen (15) days in any six (6) months.

Examples of types of offensive conduct that may lead to a suspension without pay (non-exhaustive list):

10.5    Termination on grounds of misconduct (with prior notice)

Brainwave Careers Uganda management may terminate the employment contract in the event of the recurrence of misconduct, with the right to notice period and all due wages.

1. 10.5.1.  Repetition of warnings

If an Employee who has already received two (2) written warnings commits a third misconduct within a twelve (12) months period, this will trigger a termination on grounds of misconduct with prior notice.

If an Employee who has already received one (1) suspension without pay commits a second offensive conduct as mentioned in Section 10.4, within a twelve (12) months period, this will trigger a termination on grounds of misconduct with prior notice.

10.6    Summary dismissal for gross misconduct (without notice)

1. 10.6.1.  Definition

Summary dismissal without prior notice aims at immediately ending the employment contract on the grounds of a gross misconduct affecting the organization of work, the discipline, the safety of any person, the image or integrity of Brainwave Careers Uganda Ltd.

1. 10.6.2.  Examples of types of gross misconduct (non-exhaustive list)
2. Neglect, carelessness or act, wilful or not, endangering the safety of the facility, the work environment, staff, a patient or a third party (with definite life risk);
3. Neglect, carelessness or act, wilful or not, compromising Brainwave Career ’s work organization (e.g., desertion of post etc.);
4. Being under the influence of substances altering one’s mental and/or physical condition during working hours or on the work place (alcohol, drugs, inappropriate medication, etc.);
5. Lack of respect, assault and/or act of violence committed repeatedly by any Brainwave Employee in the performance of his/her duties;
6. Death threat;
7. Misuse or repeated unauthorized use of, or wilfully causing damage or loss of Brainwave ’s property;
8. Counterfeiting or use of forgeries (e.g. falsification of Brainwave documents, use of fake documents);
9. Corruption, attempted corruption or being an accomplice to corruption (e.g. request for/acceptance of gifts in kind or of money, commissions, etc.);
10. Disclosure of Brainwave Careers privileged information (e.g. unauthorized announcement to the press, unauthorized disclosure to the third party of the education data of a student or member of Brainwave Career staff, etc.);
11. Wilful insubordination or disobedience, to any lawful or reasonable order of a superior;
12. Theft, fraud, dishonesty in connection with the Employer’s activities or property;
13. Absence without leave or justification for more than seven (7) days;
14. Gross negligence in performing work or wilful neglect of work;
15. Any other misconduct that can be considered a serious offense under Ugandan laws, the Internal Regulations, and any other applicable regulatory instruments.

10.7    Disciplinary procedure

If Brainwave Career is conducting an inquiry which it has reason to believe may reveal a cause for dismissal of an employee, Brainwave Careers Uganda can suspend the employee with half pay, pending the result of the investigation, which shall not exceed four (4) weeks.

If the suspension is not followed by a disciplinary penalty the employee shall continue in his/her employment and shall be paid the balance of the salary for the period of suspension.

1. 10.7.2.  Preliminary meeting

Employees should be given the opportunity to give their explanations on the alleged misconduct. Therefore, any disciplinary action shall begin with the Employee being invited to a preliminary meeting, enabling him/her to give his/her explanation regarding the alleged misconduct.

The invitation letter shall include all necessary information regarding the meeting (date, time, location, objective of the meeting, etc.) and the nature of the alleged misconduct.

The Employee shall have the right to be accompanied to the meeting by any other Employee of Brainwave Career Uganda.

Concerning written warnings, Brainwave Careers may, at its discretion, only require an explanation in writing.

1. 10.7.3.  Minutes of the meeting

Minutes of the meeting shall be drawn up and signed by all parties present.

In case the Employee refuses to sign, Brainwave Careers Uganda shall request for such refusal to be recorded in the minutes and shall sign them.

The minutes shall be kept in the Employee’s file.

1. 10.7.4.  Notification of decision to Employee

Notification of the decision shall be served to the Employee in writing, stating the grounds upon which the decision of Brainwave Careers Uganda is made.

Should the Employee refuse to receive the notification letter, notification shall be served to him/her in the presence of two literate witnesses who shall certify and sign that they witnessed such refusal and the Employee shall be deemed to have acknowledged receipt of the notice.

1. 10.7.5.  Timeline for taking disciplinary action

No misconduct shall give rise to the taking of disciplinary action beyond an overall deadline of fifteen (15) days, starting from the day the Employer became aware of it.

1. TERMINATION OF EMPLOYMENT

11.1    About fixed term contracts

The Contract of employment will end automatically (by operation of law), when the fixed term specified in the Contract of employment has lapsed.

11.2    General obligations in case of termination of employment contract

Upon termination of employment contract with Brainwave Career for any reason, the Employee shall receive the following:

• Salary for days worked;
• Payment of any accrued leave days not taken;
• Payment of any approved unpaid overtime;
• Payment of severance allowance, following legal requirements;
• A certificate of service.

11.3    Notice period

Termination of all contracts, whether initiated by the Employer or the Employee, shall be subject to:

• During probationary period: two (2) weeks advance notice in writing, or payment to the Employee of seven (7) days salary in lieu of notice (in the event the probationary period is terminated by the Employer);
• After probationary period:
• Two (2) weeks between the end of the probationary period and the twelfth month of employment,
• One (1) month between the thirteenth month of employment and the fifth year of employment,
• Two (2) months between the sixth year of employment and the tenth year of employment,
• Three (3) months after the tenth year of employment

Failure by the Employee to respect this obligation shall entitle the Employer to deduct the outstanding notice period pay from the Employee’s final settlement dues.

Exception – Notice or payment in lieu of is not required in these following cases:

• Expiry of fixed-term contracts,
• Attainment of the retirement age,
• ,
• Summary dismissal.

11.4    End of contract allowance (redundancy)

In the event of restructuring or closure of a programme or activity, in part or in whole, the Employer will develop a social plan for its Employees.

The Employer may decide to include a redundancy payment in a social plan as referred previously. The amount of such redundancy payment will be set by the Employer and shall in any event not exceed 1 (one) month of an Employee’s last received salary for each uninterrupted 12 (twelve) months’ period worked, with a maximum of 10 (ten) months’ pay.

A redundancy payment will not apply to:

Any redundancy payment shall be conditional on the Employee signing a settlement agreement, including a full and final discharge, and is deemed to include any statutory severance or payments in lieu of notice.

The Employer will deal with any redundancy of an individual Employee on a case-by-case basis or if a social plan is developed, in accordance with the second paragraph above.

An Employee shall not be entitled to both the minimum package according to Local law (if any) and remuneration paid in terms of this article, but shall be paid the higher package or remuneration between the Brainwave Career Uganda remuneration and the package according to Local law, if this article applies.

11.5    Retirement allowance

An Employee who reaches the age of 60 or the official retirement age is entitled, in the event that no state, statutory, industry-wide or other mandatory pension benefits apply, to a payment not exceeding 1 month’s base salary for each uninterrupted 12 months’ period worked, with a maximum of 10 months’ pay.

11.6    Lump sum death benefit

In the event of Work-related death of an Employee, the Employer will pay out a single lump sum amount of forty-eight (48) months of the last received salary of the Employee to the Legal Representative(s) of the deceased Employee in accordance with the Ugandan law, subject to full and final discharge to each other and provided that any statutory deductions applicable under the law shall be effected.

In the event of non-Work-related death of the Employee, the Employer will pay out 6 months of the last received salary of the Employee to the Legal Representative(s), as allocated per the manner set out previously.

1. 12.        FINAL PROVISIONS

12.1    Effective date of the Internal Regulations

These Internal Regulations shall come into effect on ______________ and is established for an indefinite period of time. It repeals all previous versions and all previous provisions.

12.2    No double entitlements for the same matter

An Employee shall not be entitled to certain rights, awards or amounts more than once in respect of the same matter, whether this is due to an accumulation of rights under Local law, the Contract of employment and rights under these Internal Regulations, or otherwise.

12.3    Amendments of Internal Regulations

All provisions of these Internal Regulations, including all social benefits granted by Brainwave careers Uganda, may be unilaterally revised, withdrawn, reduced or substituted at Brainwave Careers ’s discretion, except when such provisions are mandatory under Ugandan laws, provided always that the Employee shall be informed prior to such amendments.

[1] subject to specific modalities regarding a possible freezing of loyalty