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THE THEORY AND PRACTICE IN EMPLOYMENT CONTRACTS |
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Écrit par Administrator
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Mardi, 12 Mai 2009 00:00 |
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There are no translations available.
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JPICFA Office has organized a workshop on the theory and practice in employment contracts. It was held on May 1st, 2009 “Labor day” in the hall of the Dimesse Sisters in Karen a suburb of Nairobi, Kenya. There were 46 participants from over 17 nationalities and 22 religious congregations. Most of the participants were superiors and administrators from Franciscan religious houses and facilities in and around Nairobi.
The executive director of JPICFA, Fr. Gianfrancesco Sisto ofm, said that “the workshop was organized in view of fulfilling the canon law requirements. In fact, administrators of temporal goods of the church are invited to accurately observe the civil laws relating to labor and social life in making contracts of employment. The socio-economic situation in which the administrators find themselves may vitiate their compliance. The facilitators will help us explore the possibilities within the law.”
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Sr. Noelina Nakato, D.M., presented the Church perspectives of the theory and practice in employment contracts. She explored the history of contracts in Scripture and the wealth of guidance from the social teaching of the church since Pope Leo XIII’s Rerum Novarum in 1891. She emphasized that “while there is freedom of contract, the amount of wage shall not be less than enough to support a worker who is thrifty and upright.” The reactions to her talk pointed to the fact that not all religious employers are paying a sufficient amount to their employees. “We would like to pay a just and fair wage but we cannot afford it” said one participant. Sr. Noelina highlighted that since the civil law requirements are usually minimalist, catholic employer should rise above them and follow the counsel of the social teaching of the church.
Mr. Richard Kakeeto, a lawyer and practitioner in the field of social justice, made a presentation on the civil law perspectives of employment contracts. He explored the essential ingredients of the contract of employment both in Kenyan and Common law. The presentation provoked a lot of discussion. It seemed that the level of compliance to the existing civil law is still low though more research has to be done to measure the level of compliance. The Government in the region has in the past three years updated their laws under the influence of the International Labor Organization. The Kenyan laws in particular are as recent as 2007. The inference is that an employer should be placed within the laws internationally accepted as standards.
It was evident from the audiences that more workshops like this one are necessary to influence a better practice among catholic employers.
JPICFA
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Mise à jour le Mardi, 20 Avril 2010 16:56 |
