Human resource policy 2005 herd


Published on

Published in: Business, Technology
1 Like
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Human resource policy 2005 herd

  1. 1. 1. APPLICATION 1.1 Scope: The Health Research and Social Development Forum (HERD). “Human Resource Management policy” Hereafter referred to as “HR Policy” shall apply to all The Health Research and Social Development Forum (HERD), Kathmandu, Nepal. All such employees shall be informed English that their employment is subject to the policy, for which they will sign. The employees signature will be deemed to be acceptance of the policy. Copies of both and Nepali version shall be kept available in places where any employee may have access to them at any reasonable time. In cases of dispute, the English version shall be regarded as the authentic official version. 1.2 Introduction: The purpose of this policy is to provide staff members with clear guidance in the areas of employment policy, staff development/ career development, and operation of the organization. This policy is applicable as of 16th July 2005 and this amendment is applicable of 17th July 2011 (1st Shrawan 2068) and thereafter. 2. Types of employees 2.1 Executive Director: The Executive Director (ED) will be appointed by the Executive Committee for at least a term of three years. The EDs appointment may be terminated at any time with the approval of the Executive Committee or by the ED him/herself subject to advance notice of at least four months. 2.2 Employee for probationary period: At the beginning of appointment in HERD there will be at least three month probationary period. The probationary period may be extended for a maximum three months on the last three months probationary period performance review. 2.3 Employee for annual/project bond contract: After successful completion of probationary period the appointment will be for a maximum period of one year or length of project. 2.4 Permanent staff: After successful completion of probationary period the employees those are appointed for 5 years or more than 5 years period or non mentioning period in agreement/ appointment letter is called permanent staff. 2.5 Employee for special contract: Employees (Consultants/ Advisors) those are appointed to complete special task within the given time frame. The time frame for the position will not be more than one year. 2.6 Daily wages worker: Appointed as daily wages payment basis employee called daily wages worker. The length of period is based on volume and nature of works. The wages and remuneration is paid daily basis based on his/her expertise in the particular area.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 1
  2. 2. 3. Post Criteria: The following is the post criteria chart of the HERD.S.N. Level Position Description Academic Qualification Experience, Skills & Competencies1 A (1,2,3) Executive Director/ At least Master degree in At least 10 year work experience in leadership Chief of Executive professional field. and organizational management. Officer/ Deputy Director2 B (1,2,3) Manager/ Co- At least Master degree in At least 5 years work experience in manager coordinator/ Advisor professional field. Analysis and use of information, Decision making, Planning and delivery of work, Ability to work effectively with others, Communication with others, Influencing others, Organizational awareness, Managing change, Continual improvement3 C Senior Officer At least Bachelor degree in At least 5 years work experience in officer level (1,2,3,4) related filed. in relevant field, Ability to work effectively with others, Communication with others, Influencing others, Organizational awareness, Managing change, Continual improvement.4 D Associate/Assistant Bachelor degree or Bachelor Work experience is highly preferred (1,2,3,4) officer/ officer degree scholar in related field.5 E Assistant At least Intermediate or +2 level Work experience is highly preferred (1,2,3,4) education.6 F (1,2) Basic Understanding Nepali reading Healthy, innovative, honest and witting. English is preferred.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 2
  3. 3. 4. Recruitment and Selection Policy: Recruiting and selecting the right people is of paramount importance to the continued success of HERD. This Recruitment and Selection Policy sets out how to ensure, as far as possible, that the best people are recruited on merit and that the recruitment process is free from bias and discrimination. By following the policy, in addition to fulfilling employment law requirements, HERD will also ensure that it continues to uphold its commitment to equal opportunity. 4.1 Introduction: This policy is designed to assist to recruit and select the best candidate for a vacancy. It is the responsibility of each team to ensure that this policy is carefully followed within their team. All Heads of team should make members of their staff aware of the obligation to familiarize themselves with and follow this policy. 4.2 Scope: Normally appointments must be made in accordance with this policy and must, therefore, be subject to advertisement and interview. The Operation team must approve any exceptions in advance of formal appointment, for example where a grant awarding body approves funding for a named individual to work on a particular piece of research and the grant is dependent on that individuals contribution. When employing temporary or casual staff on a short-term basis the principles of good practice outlined in this policy should be followed. In summary these are that details of a post must be publicized, selection must be on the basis of appropriate criteria and merit, a record of the process and decision must be kept and the monitoring information returned to the Operation team. Financial approval for the establishment of a new post or the filling of a vacancy must be obtained before recruitment commences. 4.3 New Jobs and Job Vacancies: The occurrence of a vacancy is an opportunity to review the necessity for the post and its duties, responsibilities and grade. Where the duties of a post have changed significantly the Head of team must seek confirmation from the Operation Team of the appropriate grade for the post, ideally before financial approval is sought. When a vacancy arises, consideration must be given to staff whose posts are being made redundant and for whom redeployment is being sought. 4.4 Details of the role (linked 5.1): A job description is a key document in the recruitment process, and must be finalized prior to taking any other steps in the process. It should clearly and accurately set out the duties and responsibilities of the job and must include. Job descriptions should be available either in English or Nepali. 4.5 Person Specification: The person specification is of equal importance to the job description and informs the selection decision. The person specificationHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 3
  4. 4. details the skills, experience, abilities and expertise that are required to do the job. It should be drawn up after the job description and, with the job description, should inform the content of the advert. The person specification should be specific and related to the job. The person specification must form part of the further particulars of a vacancy along with the job description in order that applicants have a full picture of what the job entails. The person specification enables potential applicants to make an informed decision about whether to apply and those who do apply, to give sufficient relevant detail of their skills and experience in their application. The person specification forms the basis of the selection decision and enables the selection panel to ensure objectivity in their selection. HERD has agreed a set of management competencies which should inform the person specification for staff with management responsibilities. Similarly, HERD has outlined a range of expectations which should inform the person specification for other all level of staff. When developing the person specification, the recruiting manager will include the relevant competencies and expectations. The person specification details the: a) knowledge (including necessary qualifications) b) skills and abilities c) experience d) aptitude Required to do the job, specifying which are essential and which are desirable; these may be different from the attributes of the previous post holder. Essential criteria are those without which an appointee would be unable to adequately perform the job; Desirable criteria are those that may enable the candidate to perform better or require a shorter familiarization period. Criteria which are subjective and for which little evidence is likely to be obtained through the selection process should be avoided (for example, a flexible approach is often too vague to be of any help in the selection process). Knowledge can be derived in a number of ways, for example through education, training, or experience. For some jobs a particular qualification(s) may be essential, while for others no single qualification may be appropriate and a particular type of experience may be just as relevant as a formal qualification. Where qualifications are deemed essential these should reflect the minimum requirements necessary to carry out the job to an acceptable standard. Nepalese qualifications should be stated but it should be made clear that overseas equivalents will be accepted. TheHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 4
  5. 5. Operation team can assist in advising on the equivalence of particular overseas qualifications. The type of experience required of applicants should be specified; but stipulating the length of experience must be avoided unless it can be objectively justified because the quality of experience is more important than its length and the Equality Act make such stipulation unlawful unless objectively justified. It is also important to remember that experience is sometimes transferable from one area of work to another, in which case specifying skills is likely to be more effective than specifying a narrow definition of experience. Extreme care must be taken if physical requirements are specified. The Equality Act requires employers to make reasonable adjustments to a workplace or the way a job is carried out to make them suitable for disabled people. It is therefore important that any physical requirement is stated in terms of the job that needs to be done. For example a job may require that the appointee must be able to travel to a number of different locations on HERD business. For driving jobs, it will be appropriate to specify the ability to drive. Personal qualities may affect the ability of an individual to do the job, but they should not be seen as substitutes for skills. 4.6 Details for Applicants: The details of a vacancy or further particulars of a post must include the job description and person specification for the post together with any other important information that a potential applicant needs to decide whether to apply. The purpose of advertising a post is to attract the widest range of high caliber applicants possible and therefore the further particulars sent to or accessed by applicants must give a clear picture of the post, the subsidiaries, and of HERD as an employer. Further particulars must include the following where they apply: a) Details of the main terms and conditions of employment (including employees benefits arrangements, leave, working hours, etc.). b) The Equal Opportunity compliance statement. c) Guidelines about completing the application form, including the number of references and whether there is an intention to seek references before interview. d) where a CV is required, candidates should be advised that it must include: education history (institution name, start and end dates of courses, qualification gained), details of membership of any professional organizations, details of current or most recent employer (name and address of current organization, job title, salary and duties), details of previous employment and how the applicants knowledge, skills, and abilities meet the job requirements. e) Where applicable, a statement explaining that only candidates who are shortlisted will be contacted.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 5
  6. 6. f) Reference to website which details HERDs employment policies and other related policies. 4.7 Publishing the Vacancy: Operation team is responsible to advertise the vacancy post either internally or externally as decided by the organization. The operation team may collect application from individuals based on required expertise and competences close coordination with Executive Director using head hunting procedures for fulfillment of positions less than one year period. The majority of posts will be advertised in national media and it will also be concurrently advertised through HERDs website to maximize the chances of attracting the best candidate. All posts must be advertised for a minimum of two weeks to help attract the best pool of applicants. All posts are advertised as widely as possible in media that reach underrepresented groups and that all applicants are dealt with in the same way and given the same information and opportunity to make an application. To ensure that applicants are fully informed about the vacancy for which they are applying and to ensure that they provide HERD with all the information we require, adverts must direct applicants to the further particulars, which will provide more information including how to apply. An advertisement is written from the job description and person specification and should contain the following points: a) HERD name and logo b) Title of vacancy c) brief details of the job d) key details of the person specification e) duration of the appointment f) how to access further particulars of the vacancies g) closing date for applications h) Where known, date of written examination, test and interview. i) A statement reflecting HERDs commitment to equality of opportunity is automatically included in all recruitment advertisements. A copy of adverts placed in all media should be retained by the operation team. These are required to support evidence where is requested/needed. 4.8 Processing Applications: All applications to be gathered and registered accordingly with detail information and all documents to be handed over to the interview panel. The confidentiality of applications must be respected by all of those involved in the selection process.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 6
  7. 7. 4.9 Selecting the Interview Panel: Panels must: a) Consist of a minimum of three people including the Executive Director or his/her nominee, immediate line manager of the vacant post or his nominee, a colleague who is familiar with the area of work and a third person, preferably from outside the department to balance the panels perspective. b) Reflect a sex and ethnicity balance wherever possible - the makeup of panels will be monitored to assess how regularly this is achieved. c) Declare if they already know a candidate. d) Be willing and able to attend all interviews for the duration of the recruitment process, to maintain consistency and to ensure fair treatment of all candidates. e) All interviews must be conducted by a panel. f) Recruitment panel for basic to the senior officer levels will be chaired by Executive Director or his/her nominee as decided in PMU. The following composition of panel will be made for staff recruitment process; The members of the panel are as follows. Executive Director - Chairperson Concern Team Manager –member External Expertise (If needed) –member Operation Manager – Member secretary However, in absence of panel chair or members his/her nominee could serve as panel member. g) In case of recruitment of Executive Director the Executive Committee will form a recruitment panel chaired by Chairperson or nominee by the Executive Committee. 4.10 Short listing: After the closing date has passed the interview panel should assess the applications to determine which applicants are to be called for interview. At least two members of the interview panel, including the immediate line manager, should undertake the task of short listing. Where the panel has an external member, that person should take part in the short listing wherever practicable. Short listing decisions should be based on evidence that the applicant has met the requirements of the person specification. Short listing panel members should avoid dismissing applicants who appear to be over-qualified. Assumptions should not be made about their reasons for applying for the post as they may eliminate an otherwise exemplary candidate. The original applications for all applicants, together with a written note of reasons for short listing or rejecting applicants must be retained for a minimum of 12HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 7
  8. 8. months from the date that an appointment decision is notified, in case of complaint to an .4.11 Arrangements for Interviews: Letters or e-mails to shortlisted candidates should include: a) date, time and place of their interview b) instructions on how to find their way to the interview venue c) a request that they contact the author of the letter/message if they have any particular requirements or to discuss the interview facilities (related to access to the venue or any other need related to a disability). d) If appropriate, details of any test or presentation they will be required to take or anything they should bring with them. e) Qualification certificates that is essential to the post. Operation team must take a copy of the original document, sign to confirm they have seen the original and keep it with all starter documentation.4.12 Interviewing: In addition to being available to offer advice on any stage of the recruitment process, Admin and HR officer can join an interview panel, if requested in advance. a) Interviews should be scheduled as soon after the closing date as reasonably possible, as delays are likely to lead to a loss of candidates. b) The structure of interviews should be mentioned as above and what areas of questioning are required to cover all of the elements of the person specification. The question areas to be explored by each panel member should be agreed in advance to avoid overlap or repetition and panels may find it helpful to discuss their expectations of full answers to the questions, prior to the interview. c) The same areas of questioning should be covered with all candidates and assumptions should not be made regarding the expertise or abilities of candidates because of their employment history. Interview questions should be phrased so that they do not favor any one candidate or group of candidates. Supplementary questions should be used to probe for further information or clarification where answers are incomplete or ambiguous. Care must be taken to avoid questions that could be construed as discriminatory (e.g., questions about personal circumstances that are unrelated to the job). d) Interview panels act for HERD in making selection decisions and are accountable for them. Interview notes must be taken by each panelist to help the panel to make an informed decision based on the content of the interviews. e) It is good practice to offer internal applicants feedback after interviews and it is HERD policy to respond to requests for feedback from external applicants. Feedback should be specific, relating to the person specification, and honest. In feeding back to candidates it is good practice to balance the applicants weaknesses with some positive points.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 8
  9. 9. 4.13 Selection Tests and Presentations: Consideration should be given to using job- related selection tests or asking candidates to give presentations as part of the selection process if there are some elements of the person specification that are difficult to test at interview. If selection tests or presentations are to be used, all candidates should be given the same written information as to how long they will take, the topic area(s) they will cover, and what - if anything - they should prepare in advance. In all cases care should be taken to ensure that job-related tests are well explained in writing for candidates, either in English or Nepali language, that all candidates are subject to the same tests under exactly the same conditions, (excluding any allowances made as reasonable adjustments to disabled candidates) and that presentation topics do not favor any one candidate. It is very important that selection tests are not unfairly discriminatory.4.14 Making a Decision after Interview: The information obtained in the application, the interview, and any selection tests and in references (if obtained prior to interview) will allow candidates to be assessed against the person specification and a selection decision to be made. The Chairperson of the panel must ensure that a written note of the reasons for selecting the successful candidate and rejecting others is made and placed on the recruitment file, together with the original applications and notes of all panel members, for a minimum of 12 months after the appointment decision has been notified to the candidates. If a member of a selection panel feels that there has been any irregularity in the recruitment and selection procedure and the panel cannot resolve the matter at the time, they must report the matter without delay to the Chair person of Executive Committee. Interview proceedings are confidential and interviewers are free to divulge to others the decision reached only once the appointee has accepted the post. Where the successful candidate is disabled, reasonable adjustments may need to be considered depending on their disability in consultation with them. This should be done as soon as possible after appointment. HERD has a duty to consider what reasonable adjustments can be made to working practices, or premises, or to enable access to goods, facilities and services by disabled people. Successful applicants who declare a disability or may require adjustments to their work or working environment are referred for adjustment. Where reasonable adjustments are agreed these must be recorded in writing. The candidate should also receive written confirmation of whatever adjustments have been agreed.4.15 References: The further particulars for a post should make clear to candidates the number and status of referees required and whether the panel intends to seek references before interview. References from relatives or friends should not be accepted. Appropriate referees are those who have direct experience of a candidates work, education or training: preferably in a supervisory capacity and a reference must be obtained from the current or previous employer.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 9
  10. 10. a) In most cases references must only be taken up once a preferred candidate is selected. Taking up references before this point should only be used for some academic posts. Where an applicant indicates that s/he does not wish his/her current employer to be contacted prior to a provisional offer being made, this should be respected. In most cases references will be requested after a preferred candidate is identified. When requesting a reference at this stage information on the candidate’s sickness/unauthorized absence record should be requested. The panel is responsible to set standard question subject to consider structured references. b) When requesting references, it is helpful to seek precise information and confirm facts, such as length of employment, relationship of the applicant to the referee, job title, brief details of responsibilities, reasons for leaving, unauthorized absence, and attendance including sickness absence, performance, and any other relevant information. It is helpful to the referee to include a copy of the job description and person specification of the post to which you are recruiting. Do not make requests that only elicit generalizations about candidates attendance, honesty, or subjective information as to the applicants suitability for the job. The value of unsolicited references submitted by candidates and addressed To Whom It May Concern is very limited and should be disregarded. c) Telephone references should be avoided but, where time pressures or the location of referees dictate that this may be appropriate, recruiters should ensure that they are certain as to the identity of the person to whom they are speaking. When conducting telephone references, it is helpful to plan the conversation beforehand and to have a list of questions ready. A file note should be made at the time of the telephone conversation and written confirmation should always be requested. d) References are confidential and must be sought in confidence. Any request for disclosure of references must be forwarded to the operation team. References should only be used for the purpose for which they were intended and their confidentiality must be maintained. Panel members must return all copies of any references with the application forms and their interview notes to the Chairperson on completion of the recruitment exercise. References must only be kept on the recruitment file and the personal file held by the operation team.4.16 Criminal reference checks: It is HERD policy to require applicants to disclose any unspent criminal convictions as part of their application. However certain types of posts, particularly those that involve working with children or vulnerable adults or sensitive areas, require declaration of all criminal convictions plus an increased level of scrutiny depending on their job descriptions re: working with vulnerable and children.4.17 Appointment: Only the operation team issues letters of appointment and places individuals on the payroll close consultation with Executive director based on the policy and Term of Reference of the particular position. Academic qualifications, professional registration, the right to work and any other specifics considered essential for the post must be verified by the operation team at the time of interview.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 10
  11. 11. 4.18 Induction and Probation: It is HERD policy that all staff who are new to HERD undergo a separate induction, followed by a probationary period during which they will be introduced to the main duties and responsibilities of their post. The induction period will be at least three months, and it can be extended to 6 months if job performance is needed to improve. 4.19 Renewal of Contract: In all cases, employees are notified one month prior to their end of contract date if their contract is not being renewed. If the contract is to be extended, it is expected that a performance appraisal is conducted prior to renewal of contract. For the renewal of contract, it is essential to review the performance of the employee. The performance of the employee is reviewed within the last 12 months. The HERD upon receipt of the employees performance appraisal, and recommendation for extension from the employees supervisor can then issue the employee with a new contract. Contract of the staff are renewed on the basis of the need, performance of the concerned and negotiation.5. Duties and Responsibilities: 5.1 Job Description: Job descriptions are based on objective information obtained through job analysis, an understanding of the competencies and skills required to accomplish needed tasks, and the needs of the organization to produce work. Job descriptions clearly identify and spell out the responsibilities of a specific job. Job descriptions also include information about working conditions, tools, equipment used, knowledge and skills needed, and relationships with other positions. The best job descriptions are living, breathing documents that are updated as responsibilities change. The best job descriptions do not limit employees, but rather, cause them to stretch their experience, grow their skills, and develop their ability to contribute within their organization. There are team wise job descriptions for all teams in HERD. Team manager is responsible for addressing the role and responsibilities of the team within the team. Based on the teams job description, the individual job description is prepared separately for the staff members. The job description is a part of the employment contract. (Annex 1 Team JDs- individual staff JD is made based on the team JDs). 5.2 General Employment Ethics: All staff of the organization shall strive to represent the organization company to the best of their ability, and to be considerate and sensitive towards others both inside and outside of the company. In complying with the general rules of the organization, and being responsible for the actions of themselves and their colleagues, the staff can uphold organization’s good reputation for professional, caring and committed staff members. 5.3 Working Guidelines: It is the responsibility of the employee to carry out his/her duties according to the overall objectives of the organization, personal job description, regulations, and guidance/instruction of the Line manager. 5.4 Absence from Duty: In an emergency; the employee must notify his/her Line Manager immediately, or as soon as reasonably possible of they will be absent HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 11
  12. 12. from duty. In normal circumstance notification must be given in writing to the Line Manger at least one week in advance of the required time off.5.5 Behavior of Employee: It is the duty of each employee to maintain strict discipline and help the organization maintain its reputation and high standard of work, through their behavior and work ethics. No employee will engage in politics during office working hours or in any activities that may harm the organization’s objectives and reputation.5.6 External Directives/Instructions: The employees are not allowed to take orders from outside authorities except those stated explicitly in the Nepal government/ and Donor agencies.5.7 Safeguard and Protection of Property: Every effort should be made to safeguard the organization’s property. The organization reserves the right to exercise by any means the recovery of partial or full value of property damaged or lost through employee negligence. Employees who are in any way responsible for the custody of the organization property must immediately report the loss, theft, or deficiency in these items to their Line Manager.5.8 Disclosure of Official Information: It is expected that staff respect the need for information to be shared responsibly with appropriate persons. Thus, the release of the organization’s documents or information is the responsibility of all staff. Staff must be responsible and sensitive enough to know which information should not be disclosed or released to the public. Information and documents, including those for media purposes should be shared and approved by The Executive Director before leaving the organization. Distributing or publishing internal information without prior approval could result in disciplinary action. The nature of information could be personnel information, reports, internal memorandums and releases to the media.5.9 Outside Employment/Business: Staff/ employees may not accept any part in the management or execution of any similar organization or business which requires his/her attendance during normal office hours of work. An employee, who does undertake work outside the organization during normal office hour, must get approval from the Executive Director. Approval will depend upon whether the outside work will effect; staff’s performance or ability to work, or may have negative bearing on the organization’s work, image and conflict of interest.5.10 Documentation of Family Information: For the purpose of various entitlements and benefits, the details of spouse and two dependant parents (mother and father) of an employee or any other single person nominated by the employee must be registered with the organization.5.11 Transfer and Relocation: A transfer of an employee from one site assignment or project can be initiated by the organization at any time, depending on requirements. The program Management Unit (PMU) will decide the staff transferHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 12
  13. 13. and select the staff among the existing staff based on their professional experience, skills, knowledge and academic degree. Whilst staff needs are taken into consideration, requirements take precedence. If an employee refuses to accept a transfer, employees’ reasons for not accepting the transfer will be analyzed and efforts made to allocate another position the employee. In the process of reassigning employees, attempts may be made as far as practical to accommodate individual employee preferences and restrictions based on health or other reasons.6. Leave Entitlements: The purpose of leave facility for any organization is to guarantee that staff members are able to have time for their personal needs, and to have a rest from their work. Leave should be managed between staff members and their teams to ensure that all staff is able to take leave when they need it without compromising the day to day programs /activities. Staff have to pay due consideration for other team members while planning their leave. Before leave can be approved from the Line Manager and must endorse the leave application form. The staff member must ensure that their leave application includes a record of their balance of leave. Except sick leave and compassionate leave, all other requests should be made at least one week in advance, however, in the case of short term leave requests (1 to 3 days), these can be made two days in advance provided that the request is endorsed by the Line Manager. • Approval: Line Manager will approve leave based on minimum effect on work requirements. Staff should ensure that their leave does not disrupt normal programs and activities. If a leave request is not approved, the applicant should be informed within two working days of receiving the leave application form. • Leave year: Shrawan to Ashadh (Nepalese fiscal year) 6.1 Annual Leave: Annual leave entitlement is 144 hours (18 working days) per year with full pay for employees. Annual leave cannot be forwarded to next year and cannot be exchanged into cash. 6.2 Sick Leave: Sick leave is only provided to the staff who are ill. Sick leave entitlement is 12 working days per year with full pay for employees. It can be used by staff only when genuinely ill. Sick leave cannot be forwarded to next year and cannot be exchanged into cash. However In case of permanent contract unused sick leave can be forwarded during the contract period in the organization. 6.2.1 Staff who are ill should contact their Line Manager immediately if they are not able to come to work. 6.2.2 If staff are ill for more than 7 days, a medical report from a recognized medical practitioner is required. 6.2.3 If more than 12 days of sick leave has been taken in a year (inconsecutively), without a medical report, staff may need to adjust their annual leave entitlement to make up the days spent on leave. 6.2.4 In the case of long-term sickness or serious illness, the staff member must produce a doctor’s report detailing the seriousness of the illness and theHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 13
  14. 14. doctor’s recommendation. In such cases, the Program Management Unit (PMU) may consider the followings (in consecutive calendar days); Up to 15 days leave with 50% pay if there is no balance of other entitled leave, or Unpaid leave as negotiated, or In the case of an inability to continue work, the contract may be terminated. 6.3 Maternity Leave: A female employee having a baby is entitled to 2 calendar months or 60 calendar days paid maternity leave. If these 60 days include public holidays they will be included in the 60 days. In addition to maternity leave she can request for another one month (30 calendar days) of unpaid leave which to be decided by the PMU. Maternity leave may take before and after the delivery. Maternity leave is guaranteed only for 2 children during her life; however PMU is responsible for other cases with detail study. 6.4 Paternity Leave: A male employee whose wife (not applicable to more than one wife, however PMU is responsible for other cases with detail study) is having a baby is entitled to 7 calendar days paid paternity leave. If this period includes public holidays, they will be included in the 7 days. The leave must be taken within 2 weeks of the birth. 6.5 Compassionate Leave: Staff members are entitled for 15 days (calendar days) compassionate leave if employee’s immediate family member dies. It can only be garneted within the month of the date of death. Immediate family is defined as immediate or in-laws parents, spouse and children. 6.6 In-Lieu Leave: Overtime is not encouraged on a regular basis. Nobody is entitled to time off in lieu, if the concerned Line Manager does not approve the overtime in advance. If employees work more than a minimum of two hours overtime on holiday, or before or after the normal working hours with the permission of the Line Manager, he or she will not granted for payment for the overtime, but a “day off in lieu” (depending upon the total worked hours) may be granted. This must be taken within one month after the overtime period. Staff being paid a per diem cannot avail of overtime in-lieu leave. 6.7 Leave without Pay: Leave without pay can only be provided to those staff members who are attending the relevant courses under the organization objectives. For this purpose, leave without pay is provided by the Executive Committee with the recommendation from Executive director with clear justification. Leave without pay for further study is granted only for 2 years during whole service period in the organization. For getting 6 months or more than 6 months leave without pay is guaranteed only for staff who competed at least 2 years service in the organization and less than 6 months is guaranteed based on nature of business with detail justification.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 14
  15. 15. 6.8 Leave Entitlement for Attending Courses: Employees attending authorized trainings or courses outside the country are granted one-day resettlement leave upon return from the course/ programs. This resettlement period shall not be accountable against annual or any other leave entitlements. 6.9 Public Holidays: The organization has a maximum of 15 working days designated as official public holidays in each calendar year. The Operation Team is responsible for designating these holidays in advance (before the first month of the year) and to be endorsed by PMU. The holiday list is subject to change following the publication of the official holidays listing from Government. Furthermore, the organization may grants other officially declared holidays taking immediate circumstances by the government. 6.10 Settling in/Relocation Leave: When an employee is being transferred from one place to another and there is the necessity of a move of residence, a total of 3 working days excluding travelling time paid leave can be allowed for packing up and settling in. 6.11 Leave Record and Accumulation: A separate leave record shall be maintained in the operation team and should be updated according to leave approvals. Leave records must be circulated to the concerned staff and their Line manager every month. 6.12 Leave during transition: Before, during or after the workshop, training or field visit, if staff member travels other than the place mentioned in Travel Order, the day staff travel in such place cannot be taken as official.7. Disciplinary Code of Practice: This is applicable to HERD and will be used in conjunction with the Disciplinary Procedure. It is applicable to all members of staff employed by the HERD. This is directly related to the standards of conduct, performance and behavior expected of members of staff and the type of offences and misconduct which are considered to be of a sufficiently serious nature to warrant disciplinary action being taken, including dismissal. 7.1 Attendance 7.1.1 Every member of staff is expected to give punctual and regular attendance except during periods of authorized leave or sickness. Staff should not absent themselves from work without prior permission, except in the cases of emergency or sickness and in these events; the line manager should be notified as quickly as practicable. 7.1.2 Repeated short absences, including repeated short periods of uncertified sick leave or abuse of the sick pay provisions, will be investigated and may lead to disciplinary action being taken. 7.2 Standards of Conduct, Performance and dress 7.2.1 All staff is expected to combine the need to provide prompt and efficient service with a concern and understanding for the feelings of others. If the HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 15
  16. 16. performance or conduct of a member of staff is considered to fall short of the standard required, he or she will first be advised by his or her line manager of any shortcomings and be given the opportunity to improve. In the event of the unsatisfactory performance or conduct continuing, action will be taken under the disciplinary procedure. 7.2.2 Members of staff are required to carry out the reasonable and lawful instructions of their line managers quickly and efficiently. 7.2.3 All members of staff will have access to a range of information in the course of their normal work. Such information is to be regarded as confidential and should not be discussed with any unauthorized person. Depending on the circumstances, any such breach of confidentiality will always be investigated and may lead to action being taken within the disciplinary procedure. 7.2.4 A member of staff who is arrested on any charge or served with a summons on a criminal charge must inform his/her line manager as soon as possible. 7.2.5 All managers must report to the Executive director any circumstances, which involve, or are likely to involve, criminal proceedings. HERD may decide to immediately suspend the member of staff from duty pending the outcome of the proceedings. In the event of a member of staff being the subject of a criminal charge and where it is clearly within the competence and jurisdiction of the Authority to investigate the circumstances leading up to the summons, the matter may be determined by the Authority based upon established facts. In such cases, however, action will only be taken after a careful and thorough investigation. 7.2.6 HERD does not provide official dress for staff, however the organization provides a white coat for the medical professional staff for duty hours in particular clinical job. Staff should wear very clean and tidy normal standard dress in the office hours. Staff are advised not to wear unusual modern fashion show dress. 7.3 Serious /Gross Misconduct: The disciplinary procedure provides that, under normal circumstances, no member of staff will be dismissed unless he or she has previously been given a final written warning. However, certain offences and/or conduct are so grave that they may merit immediate suspension from duty on full pay to enable enquiries to be made. If, under these circumstances, the allegations are confirmed after investigation, immediate dismissal may follow. Such action will be taken irrespective of whether a warning has already been given. Examples of offences which are regarded as extremely serious or gross misconduct are as follows:- 7.3.1 Theft: Any instance of theft from the authority, organizations, another member of staff, or from a member of the public.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 16
  17. 17. 7.3.2 Fraud: Any deliberate and willful attempt to defraud the Authority, organizations, other staff or a member of the public including abuse of the sick pay provisions and making fraudulent expenses claims. 7.3.3 Assault: Any serious assault upon a member of the public or another employee whilst on authority premises or on authority duties elsewhere. 7.3.4 Negligence: Any actions, which seriously threaten the health and safety of patients, staff or members and public. 7.3.5 Willful and Malicious Damage: Any deliberate or willful damage to any organizations property, the property of others or property belonging to another member of staff. 7.3.6 Corruption: Any receipt of money, goods, favors or excessive hospitality in respect of services rendered is expressly forbidden. 7.3.7 Refusing to Obey Reasonable and Law full Instruction: Willful refusal to comply with a proper, lawful and reasonable instruction from a person authorized to give such an instruction whether verbal or written. 7.3.8 Intoxicants: Being unfit for duty due to alcohol, misuse of office space, or the misuse of drugs. 7.3.9 Criminal Offences: Any criminal offence within or outside employment which is deemed to render the member of staff unsuitable for employment within organization. A criminal offence will not be treated as an automatic reason for dismissal regardless of whether the offence has any relevance to the duties of the individual as an employee or not. The main considerations will be whether the offence is one which makes the member of staff unsuitable for work within the organization, which includes being unacceptable to other members of staff. Whilst a person will not be dismissed solely because a charge is pending or because he or she is absent through having been remanded in custody, it should be clearly understood that the HERD is entitled to investigate the circumstances and take action as appropriate, including dismissal.8. Staff Performance Appraisal: HERD is committed to supporting every employee to reach their potential and achieve their personal goals, which in turn will assist the organization to achieve its objectives. The performance appraisal system supports very formal meeting between line manager and managee to discuss his/her work. The purpose of the meeting is to review the previous year’s achievements and to set objectives for the following year. These should align individual employees’ goals and objectives with organizational goals and objectives. The performance system also supports to make personal development plan. HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 17
  18. 18. 8.1 Core Principles of the Performance Appraisal: 8.1.1 The appraisal process aims to improve the effectiveness of the organization by contributing to achieving a well motivated and competent workforce. 8.1.2 Appraisal is an ongoing process with an annual formal meeting to review progress. 8.1.3 The appraisal discussion is a two way communication exercise to ensure that both the needs of the individual and of the organization are being met, and will be met in the next year. 8.1.4 The appraisal discussion will review the previous year’s achievement, and will set an agreed Personal Development Plan for the coming year for each member of staff. 8.1.5 All employees who have completed their probationary period are required to participate in the appraisal process. 8.1.6 The performance appraisal will be used to identify the individual’s development needs and to develop personal development plan. 8.1.7 The performance appraisal will provide the management with valuable data to assist succession planning. 8.1.8 The performance appraisal will be a fair and equitable process in line with the equality and biasness.8.2 Performance Appraisal Implementation 8.2.1 Performance appraisal will be held over a designated 2 weeks period on an annual basis at the first month of the fiscal year. They will be arranged by the line manager. Line managers are encouraged to provide the opportunity for an additional 6 month mid-year and other informal reviews as necessary throughout the year. 8.2.2 The discussion will be held in private. Information shared during the appraisal will be shared only with those concerned and will be kept in his/her personal file for recording. Confidentiality of appraisal must be respected. 8.2.3 All appraisal documents should be issued to both parties (appraisee and appraiser) prior to the discussion, in order to allow time for both parties to reflect and prepare. These will provide a framework and focus for the discussion. 8.2.4 A time and venue for the discussion will be advised at least one week before the meeting takes place.8.3 The Appraisal Discussion 8.3.1 The appraisal discussion will allow an opportunity for both the appraisee, and the appraiser to reflect and comment on the previous year’s achievements. It will praise achievement and encourage the appraisee in his/her role.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 18
  19. 19. 8.3.2 The appraiser is accountable for giving the employee constructive, timely and honest appraisals of their performance, which should take into account both the goals of the organization and of the individual. 8.3.3 The discussion should be a positive dialogue, and will focus on assisting the appraisee to acquire the relevant knowledge, skills and competencies to perform his/her current role to the best of his/her abilities. 8.3.4 The appropriate forms (annex 2 Annual performance appraisal format) will be completed and signed by both parties. The appraisee will be given the opportunity to note any comments that he/she does not agree with and complete a self assessment. 8.3.5 The appraisee and line manager should agree on a Personal Development plan for the appraisee for the following year. This will reflect the appraisee’s aspirations and the organization’s requirements, and should align personal and organizational goals. The organization and the line manager will support the individual to achieve these goals during the forthcoming year. 8.3.6 Any training needs, future training requirements, professional qualifications, development opportunities and career planning should be discussed in the light of the Personal Development Plan. 8.4 Monitoring of Personal Development Plan and Overall Performance Appraisal: 8.4.1 PMU is responsible for the appraisal process, and shall ensure that appraisers and appraisees are adequately equipped and trained to undertake the performance appraisal. 8.4.2 PMU is responsible for ensuring personal development plans are made. Personal development plan covers, future training requirements, professional qualifications, development opportunities and career planning. 8.4.3 An opportunity is given to those staff where poor performance has been found during performance appraisals for a maximum 6 months. Performance appraisal is reviewed 6 monthly for the staff. 8.4.4 If the 6 month reviewed performance appraisal is not at a satisfactory level, the PMU may terminate his/her employment contract. 8.4.5 The Executive committee is responsible for the performance appraisal and personal development plan of Executive Director.9. Working Hour: The purpose of working hour is to provide guidance in understanding the hours of work of employees within HERD, and to provide guidelines in the HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 19
  20. 20. determination of work hours, rest breaks and meal. Working time means any period during which staff are working, including working time spent at HERD and at the disposal of other subsidiaries, carrying out activities or duties. The official working hour is 40 hours in a week. Center office and subsidiaries (branch offices) may have different working days and hours within the 40 hours/week subject to nature of work. All staff are responsible for maintaining their own attendance in a daily attendance register.9.1 Working time includes: 9.1.1 Travelling where it is part of the job 9.1.2 Half an hour working lunches 9.1.3 Job-related training 9.1.4 Time spent abroad and within the country for training/ seminars/ workshop meeting on behalf of HERD representation. 9.1.5 Time spent working at home for especial task assigned by the organization under the provisions of line manager.9.2 Overtime/Time Off in Lieu: For all employees, it is a condition of employment that employees may be required to work in excess of conditioned hours where work requires this. Efforts shall be made to minimize the need for additional working hours. 9.2.2 Where additional work is unavoidable respective line manager may authorize additional hours where this is appropriate to the case. Employees shall be consulted and given as much notice of the requirement as is practically possible. Any requests for additional work must be mutually agreed by both line manager and manage. 9.2.3 Line manager is responsible for monitoring the excess worked time and this should be approved by the line manager. 9.2.4 The excess worked time is not transferred into cash. 9.2.5 Compensation (time of in lieu) leave is guaranteed for any additional hours worked. The additional worked hour is transferred into compensation leave as 1:1 ratio. 9.2.6 Compensation leave facility should be used within a month.10. Retirement/Termination/Contract break of employment: 10.1 The contract will finish on the end of contract period as stated in contract paper. However, the service of an employee may be terminated in the following situation/ conditions: 10.1.1 Service termination by organization: The service contract may be terminated before the stated date by the organization. In such case, the organization will notify to the respective employee in advance: employees with permanent contract should receive written notice at least 60 days in advance of the contract termination date; whereas employees with annual contract should receive written notice 30 days in advance of the contract termination date.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 20
  21. 21. 10.1.2 Resignation from staff: This means the termination of employment by the employee with the written notice in advance as described in 10.1.1. 10.1.3 Employment contract expired: This means the termination of employment contract of the employee by the employer at the end of the contracted period. If a contract is not renewed within the contracted period the contract will automatically be terminated. 10.1.4 Unsatisfactory performance: HERD reserves the right to terminate any contract during the probationary period of an employee with 2 weeks written notice in case of unsatisfactory performance and major misconduct during the probationary period. Similarly, if a staff is found to be underperforming in his/her duty then the organization can terminate the employment. In case of termination on the ground of unsatisfactory performance the organization will give written notice to the respective employee 30 days in advance of contract termination date. 10.1.5 Reach age of 60 years: This means employees reach 60 years then employment contract will be automatically terminated. 10.1.6 Staff suffering chronic disease (Long term sickness – certified by physician): In case of inability to continue the work, employment contract may be terminated. 10.1.7 Dismissal: This means termination of employment by the employer as described in Disciplinary Action of this policy. 10.1.8 Death: The employment will automatically be terminated following the death of an employee. All money and benefits will be paid to the spouse or immediate dependent as per prevailing law of Nepal as soon as possible. 10.1.9 Project contract end: This means the termination/ ends of project contract by the financial partners (donors – no further funding) during the employment contract, the all level of employment contract may be terminated. 10.2 In the event of termination of services all staff benefits due will be provided to the employees after their last working day, once the provision of notice in advance (10.1.1) and employee clearance procedure properly followed as provisioned. Upon termination of employment, the clearance claim form should be completed by their working team prior to employee receiving their final payments from the HERD and it will be copied into the employees personal file. Operation team will be responsible for circulating clearance form for individual staff members. The line manager is required to ensure that this form is checked and completed withinHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 21
  22. 22. their department prior to signing it and forwarding it to the operation team. (Annex 3 employee clearance form)11. Disciplinary Action: Upon signing a contract with HERD, staff persons understand that rules and conduct reflect the values of the organization, disciplinary actions will be dealt with fairly through dialogue and understanding. Thus the following procedures have been developed in order to ensure fairness and equity. The process for dealing with disciplinary actions varies according to the offence. 11.1 Minor Offences: The examples of minor offences are unexplained absence from duty without notice and reason, irregular attendance at the duty station, delay or failure to clear or refund money for advances, floats taken from the organization within the stipulated time period and negligence or failure to carry out responsibilities as per the job description and job requirements. For minor offences, the following procedures will be followed: 11.1.1 Verbal warning (the line manager will have right to issue first verbal warning) Written documentation of any verbal warning will be copied and the copy forwarded to employees personal file under the operation team. 11.1.2 Written warning letter for the same offence: This letter will lead to an offence punishable as a major offence. This letter will be written by the ED as per the report of line manager. 11.2 Major Offences and its Disciplinary Actions : The examples of major offences are misappropriation/misuse of HERD funds or property of financial misconduct, bribery of corruption, violation of rules, any threat of violence of physical attempts/discrimination, conflict of interest, disclosure of confidential information, proselytizing, sexual harassment in any form. Conflict of interest is generally considered to be a situation where the employee is using the organization for their own ends such as for reasons of politics or for purposes other than the organization’s purpose. For major offences a final written warning letter stating the disciplinary decision will be issued by the Executive director. Disciplinary Actions for Major Offences 11.2.1 Loss of annual increment plus recovery of any financial loss or fine if applicable, which may include deduction from the employee’s salary. 11.2.2 Relocation to another position. This could involve a reduction in level if the new position is at a lower level. HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 22
  23. 23. 11.2.3 Dismissal. The PMU and the Executive director will follow all steps as set out in the disciplinary procedures while taking appropriate action against employees. For major offences, an appropriate meeting will be organized to investigate the allegation. The meeting members will be PMU members. As each situation will be different, other people may also be requested to attend this meeting; such as a colleague or line manager. The Executive director may also attend in some circumstances if requested. During the meeting, the accused may be requested to submit a written statement. The accused employee may be suspended for a maximum of one month if it is deemed necessary to exclude him/her while the charge is being investigated. On the basis of the outcome of the meeting, the accused can then be disciplined by HERD as mentioned in the above procedures depending upon the nature and seriousness of the offence(s). Suspended employees may not be eligible for salary during the suspension period. However, the period cannot be longer than one month’s time. If the charge against the employee is dropped as a result of the investigation and meeting, then the employee’s full salary/benefits for the time suspended will be paid. All warning letters and documents concerning disciplinary action will be kept in the Employee’s personnel file.12. Grievances and Appeals: It should be appreciated that the use of formal procedures is a serious matter. It is hoped that most of the difficulties, which might arise between line managers and managees for whom they are responsible, can be resolved without using formal procedures. In HERD as in any other organization, which employs people, it is necessary to set out rules, which provide guidance for staff covering their behavior at work. While in most cases the observance of these rules will not present any difficulties there may occasionally be problems, which do arise. As a consequence, staff may feel aggrieved or management may find it necessary to take disciplinary action. The grievance procedures below provide a means whereby such problems can be dealt with on a formal basis. HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 23
  24. 24. 12.1 Only if discussion between these various people fails to resolve the difference (or in cases of gross misconduct) should the formal procedure is initiated. In any situation, if an employee feels that their case was not properly handled or justified, or they wish to make a complaint about a situation where they feel wrongly managed, they may write directly to the operation manager and a copy of the correspondence may be forwarded to their line manager. The operation Manager can then meet with the concerned line manager, the staff member and/or a representative of the Staff group in order to discuss the case. The outcome of the discussion will then be shared with the staff member and reported to ED.12.2 If the staff member still feels that their case has not been handled properly, only then can the concerned employee make an appeal in writing to the Executive director. The ED will then investigate the case, and respond to the appeal within two weeks time.12.3 If the staff still member feels that their case has not been handled properly by the ED, only then can the concerned employee make an appeal in writing to the Chairperson of HERD. The Chairperson will then investigate the case, and respond to the appeal within two weeks time. The decision of the Chairperson will be final from the organization level.12.4 The process for logging a grievance is as follows: 12.4.1 Staff members should try and resolve the problem by discussing the matter directly with the person involved. 12.4.2 If the staff member has attempted to directly resolve the problem, and they still feel that the problem has not been addressed, they should inform the person directly that they are lodging a formal grievance. 12.4.3 The staff member should then write down their grievance with all the necessary detail, including the results of their attempt to resolve the problem directly. This information should then be submitted to operation manager, and copied to the relevant line manager. The staff member may wish to involve a member of the staff to assist them at this stage. 12.4.4 The operation manager, plus respective line manager, and representative from the Staff will then discuss the issue, and will present a solution or plan to the staff person lodging the grievance. 12.4.5 If the staff person is not satisfied with the solution presented by the operation manager and the concerned committee, the staff person can then write to the ED.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 24
  25. 25. 12.4.6 It is noted that both staff as well as the PMU members are responsible for dealing with grievances in a mature and sensitive manner. HERD staff should always attempt to resolve problems through positive actions and discussion with their colleagues before lodging a complaint or grievance.12.5 Grievance during Probationary Periods: The purpose of a probationary period is to allow a period of time during which a newly appointed member of staff can: 12.5.1 Be assessed by their managers as to whether they are likely to achieve the standards required to adequately perform the work tasks in the post for which they have been engaged and; 12.5.2 Adjust to a new working environment and decide whether they wish to commit themselves to a longer term future with HERD. 12.5.3 All line managers are required to do all they can to assist new members of staff to overcome any initial difficulties ensuring that adequate training is given and that a sympathetic understanding is applied to the resolution of any personal problems. 12.5.4 If a member of staff wishes to make a formal complaint during a probationary period, which cannot be resolved through discussion with their line manager, then the above procedure for grievances should be followed.13. Bullying and Harassment: HERD is committed to providing a safe, healthy and fair working environment where all staff are treated with dignity and respect. We will not tolerate any form of bullying or harassment and will take all practicable steps to avoid and eliminate this. Any behavior that undermines this is totally unacceptable. Bullying and/or harassment is a serious matter and can affect the confidence and capability of staff and how well they perform in their roles within the organization. It can also affect the physical and mental health of staff and lead to absenteeism. HERD is therefore committed to eliminate bullying and harassment in the workplace and has developed procedures which provide staff with protection and the opportunity for redress where they feel that they have been bullied or harassed. Harassment is normally characterized by more than one incident of unacceptable behavior, particularly if it recurs once it has been made clear that it is regarded by the victim as offensive. However, just one incident may constitute harassment if it is sufficiently serious. As harassment can occur on a variety of grounds, anyone perceived to be different is at risk. The following procedure has been designed to inform staff about the type of behavior that is unacceptable and provides staff who are the victims of harassment and bullying with a means of redress. The policy applies to all staff of HERD,HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 25
  26. 26. Advisors, Consultants, trainees and others working within the HERD or not directly employed or working on a voluntary basis. All member of staff are aware of the organization’s commitment to ensure that HERD provides a working environment free from harassment and bullying where all staff are treated with dignity and respect. Below is a summary of the relevant legislation. a) Harassment: The term harassment covers a wide range of behavior. The essential feature of harassment is that it is behavior that the recipient feels is inappropriate to him/her and he/she regards it as personally offensive. Where it cannot be established that there was an intention to offend, conduct will be regarded as violating a persons dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, if taking all the circumstances into account, particularly including the recipients views, it would be reasonable to come to that conclusion. Harassment may comprise any unwanted behavior that a person finds intimidating, upsetting, embarrassing, humiliating or offensive. b) Bullying: Bullying is a sustained form of psychological abuse that aims to make victims feel demeaned and inadequate. Bullying is defined as offensive, intimidating, malicious or insulting behavior, or an abuse or misuse of power, which has the purpose, or effect of, intimidating, belittling and humiliating the recipient, leading to loss of self-esteem for the victim and ultimately the self-questioning of their worth, both in the workplace and society as a whole. Bullying, whether physical or verbal, differs from harassment and discrimination in that the focus is rarely based on gender, race or disability. Usually, its focus is competence, or rather the alleged lack of competence of the bullied person. Workplace bullying constitutes offensive discrimination through vindictive, cruel, malicious or humiliating behavior and attempts to undermine an individual or groups of staff. These persistently negative attacks on individuals and/or personal performance are typically unpredictable, irrational and unseen. The abuse of power and position can cause chronic stress and anxiety resulting in the victim gradually losing belief in themselves and suffering physical ill health and mental distress as a direct result of this behavior.13.1 Role and Responsibilities in Challenging Harassment – Executive Director: ED needs to demonstrate commitment to the prevention and elimination of harassment in the workplace. He/she must take overall responsibility for ensuring that this is implemented and monitored effectively and specifically, for staff for whom they are managerially accountable, to be aware of and to understand the policy. ED will ensure that:- 13.1.1 Staff are aware of the harassment and induction and delivery of appropriate training across the organization. 13.1.2 Staff are aware that incidents of bullying and/or harassment will not be tolerated and will be dealt with as a disciplinary offence. 13.1.3 Any formal complaint of bullying and harassment is investigated and that individuals who bring the complaint and those who are the subject of the complaint, are treated fairly before, during and after any formal proceedings take place. 13.1.4 The main objective of the procedure is to resolve problems quickly and as near to the point of origin as possible.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 26
  27. 27. 13.1.5 There will be no victimization of any member of staff who has made or assisted someone else to bring a complaint.13.2 Role and Responsibilities in Challenging Harassment – Team Managers: Team managers at every level have a responsibility to lead by example, treating everyone with dignity and respect, i.e. promoting a culture where harassment is clearly unacceptable. The team Managers must:- 13.2.1 Ensure that all staff for whom they are responsible are aware of this policy and know how to raise concerns regarding harassment and bullying. 13.2.2 Take immediate corrective action if they witness harassment occurring. 13.2.3 Ensure that there is no repetition of harassment or any victimization after a complaint has been raised. 13.2.4 Write the Bullying & Harassment Monitoring reports. The written report should be submitted to the ED who will acknowledge its’ receipt.13.3 Role and Responsibilities in Challenging Harassment – Staff: All staff are responsible for their own actions. The ultimate decision on whether to raise a complaint of harassment lies with the individual affected. If a member of staff believes he/she is being harassed or bullied, he/she should not hesitate to report or discuss it. In addition, all staff: 13.3.1 Are responsible for their own professional and personal behavior and are required to conduct themselves in a manner that does not cause offence to another person. 13.3.2 Have a responsibility to treat others with dignity and respect and to ensure that other staff and members of the public are not subjected to harassment in any form. 13.3.3 Have a duty to report any harassment that they may have observed or that they are aware is taking place. 13.3.4 Should provide support to any colleague who believes that he/she is being harassed and cooperate fully as required with any investigation that takes place. 13.4 What to do if someone reports Harassment or Bullying to another Member of staff? Staff sometimes chooses to talk with a ‘friend’ or trusted colleague about an incident that has occurred. If this happens, the people in this situation are guided to:- 13.4.1 Listen carefully to the allegation. 13.4.2 Refer to this HR Policy. 13.4.3 Explain the informal and formal process including initial steps. 13.4.4 Ensure the complainant is offered emotional support (Counseling Service, or Harassment Advisor etc.) 13.4.5 Discuss with their colleague what they would like to do.13.5 Procedure for dealing with bullying and Harassment: HERD recognizes the sensitive nature of bullying and harassment. Staff who believes they are being bullied or harassed may wish to discuss their particular situation before deciding what action to take. The HERD operates an open-door policy to discussHERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 27
  28. 28. workplace problems and staff can fully discuss the matter with their manager on an informal basis. 13.5.1 Ensure the conversation remains confidential as far as possible. 13.5.2 Listen sympathetically. 13.5.3 Help individuals consider objectively what has happened. 13.5.4 Discuss what outcome the individual would wish to see. 13.5.5 Draw attention to available procedures and options. 13.5.6 Inform the individual of the legal liabilities involved. 13.5.7 Help weigh up the alternatives, but without pressure to adopt any particular course. 13.5.8 Assist the individual in dealing with the situation (if the individual asks for help). 13.5.9 Confidentiality will be maintained as far as possible. However, if a member of staff decides not to take any action to deal with the problem and the circumstances described are very serious, the HERD reserves the right to investigate the situation as it has an overall duty of care to ensure the safety of all employees who may be adversely affected by the alleged harassers/bullys behavior.13.6 Procedure for Challenging Harassment: Any member of staff who believes he/she is being harassed should not accept the situation. Wherever possible the emphasis should be on resolving issues of harassment informally without resorting to the formal procedure. However, staff experiencing harassment may seek to resolve the situation by taking action at any of the stages in the process described below. In general, the following stages should be considered and followed in sequence.13.7 Keep Record: It is important that the complainant keeps a record of all alleged instances of harassment as soon as practicably possible after the incident has taken place. These notes should contain the following: 13.7.1 Date, time and place of the incident/s. 13.7.2 Name of the person(s) carrying out the harassment. 13.7.3 Full details of what actually happened and what was said. 13.7.4 Names of any witnesses. 13.7.5 Any other relevant information, i.e. how it made them feel or how it affected them. 13.7.6 Whether they took any action at the time, i.e. if anything was said to the alleged harasser/ bully.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 28
  29. 29. 13.8 Types of Harassment: Harassment may be intentional or unintentional; the key issue is that it is unwanted by the recipient, and undermines people’s dignity and effectiveness at work. The following are examples of inappropriate behavior covered by the policy:- 13.8.1 Sexual Harassment: Any sexually oriented conduct that creates an intimidating, hostile or humiliating work environment for the recipient i.e:- Physical conduct of a sexual nature: Unwanted physical contact ranging from unnecessary touching, patting, pinching or deliberately brushing against another staff. Verbal conduct of a sexual nature: Unwelcome sexual advances, propositions, pressure, pestering, offensive flirtations; suggestive remarks; innuendoes or lewd comments or continued suggestions for social activity outside the workplace, after it has been made clear that such suggestions are unwelcome. Non-verbal conduct of a sexual nature: The display or pornographic or sexually suggestive pictures, objects or written materials, leering, whistling or making sexually suggestive gestures. Sex based conduct: Conduct that denigrates ridicules or is intimidator. This may be abusive to a member of staff because of his or her sex, for example derogatory remarks, degrading abuse, or insults that are gender-related or offensive comments about appearance or dress. 13.8.2 Racial Harassment: Any racially oriented conduct which creates an intimidating, hostile or humiliating work environment for the recipient. Physical conduct of a racial nature: Intimidating physical contact, ranging from touching, deliberately pushing or tripping another staff to serious assault. Verbal conduct of a racial nature: Racial harassment includes racial abuse, racially explicit or derogatory statements, which are found objectionable and offensive, or make the staff to whom they are addressed, feel threatened or humiliated. Offensive ‘jokes’ of a racial nature and offensive manner, that are not used with other staff. Non-verbal conduct of a racial nature: Visual display of posters, graffiti, flags, bunting, emblems etc, which cause offence. Isolation or non co-operation at work or exclusion from social events based on race. Race based conduct: Conduct that denigrates ridicules or intimidates. This may be offensive to the staff because of his or her race, for example derogatory or degrading insults that are race related or offensive comments about nationality, appearance, ethnic origin or dress.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 29
  30. 30. 13.8.3 Homophobic Behavior: Homophobic behavior is a form of discrimination, harassment, or bullying of an individual because of his/her sexual orientation. Treating a person less favorably on the grounds that they are lesbian, homosexual or bi-sexual, might encompass a wide range of unacceptable behaviors including: Making sexual threats and intimidation. Making provocative, unnecessary and unwanted heterosexual physical contact. Verbal abuse, suggestive and unwelcome remarks about appearance and private life. Making offensive jokes, offensive name-calling. Denying opportunities for promotion or development. Using an offensive manner in communication, this is not used with other staff.13.8.4 Disability Harassment: The staff that are harassed or bullied on the grounds of disability will be protected in law against such treatment. Harassment includes comments, actions, jokes or suggestions, which might create a stressful working environment for a person with a disability. This type of harassment may include:- Verbal, including use of derogatory statements that are found objectionable and offensive; offensive jokes, comments about appearance or ability. Physical, including jostling, mistreating or assaulting, gestures, or offensive correspondence. Isolation or exclusion. Denying opportunities for promotion or developments.13.8.5 Equal Opportunities: HERD serves a diverse population made up of many different communities and groups. The HERD recognizes that particular sections of society suffer from inequality as a result of discrimination, social exclusion and unequal opportunities. Such inequalities adversely impact upon the quality of life and may also affect the health care provided to people who suffer inequality and discrimination. HERD is fully committed to equal opportunities and opposed to all forms of discrimination. The HERD will ensure that equal opportunities are a core value and are placed within the mainstream of all its activities. This will be reflected in the strategic leadership of the HERD, its partnerships with external bodies, within its employment practices, commissioning of services and working with the communities it serves. HERD believes that all individuals have a right to high quality health care, and should be able to access such services without discrimination, or unfair treatment. The HERD will work to promote equal access to health services, to meet the needs of all sections of the population in Nepal. It will also work towards reducing health inequalities and promote and protect the health of all sections of the community.HERDs Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 30