facilitator’s manual...this facilitator’s manual is part of the tool kit developed under lgn...

Contributing to a More Enabling Policy Environment for MSME Development

LABOUR AND NON LABOUR-RELATED LAWS FOR MICRO, SMALL AND MEDIUM

SIZE ENTERPRISES IN KENYA

FACILITATOR’S MANUAL

FACILITATOR’S MANUAL

Contributing to a More Enabling Policy Environment for MSME Development

LABOUR AND NON LABOUR-RELATED LAWS FOR MICRO, SMALL AND MEDIUM

SIZE ENTERPRISES IN KENYA

54

Contributing to a more Enabling Policy Environment for MSME

1. Foreword 5

2. What the Facilitators must know 6

2.1. Learning and Presentation Methodologies of the Manual 7

2.2. What is expected of the Facilitator 7

2.3. Tools of Presentation 7

3.1. Objectives of the Manual 8

3.2. Who should be trained on the use of this Manual 8

4.1. Scope of the Manual 9

4.2. Summary of core training content 9

4.3. Proposed Structure and Module delivery 10

4.3.1. Delivery Training Techniques 10

4.3.2. Structure of the Modules delivery 11

4.3.3. Duration of the Training 12

5.1. Management of Employment Relationship (Employment Act) 13

5.2. Management of Labour Relationship (Labour Relations Act) 14

5.3. Occupational Safety and Health At Work

(Occupational Safety and Health Act) 15

5.4. Labour Institutions Act and Industrial Court Act 16

5.5. Work Injury Benefits Act 17

5. 6. Other Non Labour Related Laws 18

5.7. Implementation and Compliance 19

5.8 .HIV and Micro, Small and medium size enterprises 20

Table of Contents

5


FOREWORD

The Law Growth Nexus III (LGN III) is a project of the International Labour Organization whose envisaged

overall outcome is more and better jobs in the MSME sector. The main goal of the project is to promote the

“win- win territory” where it is possible to reduce compliance costs for MSMEs and simultaneously improve

social protection for workers in those enterprises. The project supports the uptake of and exposure to Labour

Laws in the MSMEs sector by making strategic contributions to a more enabling policy environment for MSMEs’

development in Kenya. Other immediate objectives of the project are:

• To nurture respect for the rule of (labour) law among MSMEs in priority sectors;

• To strengthen the capacity of ILO constituents to engage in social dialogue on the nexus between Labour Law

compliance and MSMEs development; and to ffacilitate sector-specific regulatory reform; and

• To strengthen the capacity of MSMEs to comply with the revised Labour Law.

This Facilitator’s Manual is part of the tool kit developed under LGN III. This Manual is a resource pack designed to

help trainers build their capacity to deliver training modules in the Handbook. The Manual targets policy makers,

legal and regulatory development and enforcement institutions, MSMEs, workers, owners of businesses, and

Business Development Service providers.

We wish to extend special thanks to the ILO Tripartite Partners, National Project Technical Committee and ILO

project team for the support during the development of this manual.

We also wish to acknowledge Charles Nyangute and his team for their dedicated service in the development of this

manual.

Grace Sebageni Eunice Mathenge

Chief Technical Advisor National Project Coordinator

LGN III Project LGN III Project

KENYA KENYA

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2.WHAT THE FACILITATORS MUST KNOW

(a) As a facilitator, it is important to note that the project objectives should be clearly communicated to participants.

(b) Most businesses would want to maximize on profits. To a larger extent, businesses view any form of laws and

regulations as added cost to their business. The situation gets worse for MSMEs whose profit margins

are much lower than their large business counterparts. MSMEs also have a strong perception that they need

state protection and hence what they need most is subsidies and not what they will commonly consider punitive

laws and regulation. To address this scenario, the manual emphasizes on the need for innovative and systemic

approaches. As a facilitator, this becomes your number one priority; to create value- based awareness on Labour

Law compliance.

(c) It is imperative that participants are provided with the simplified version of the Labour Laws during the training.

Participants or MSME operators who may wish to purchase the Labour Laws should be referred to the Government

Printer or get Ministry of Labour, Social Security and Services website where they can view the laws.

(d) The manual targets participants who are primarily adult with high male dominance due to the dynamics in

the priority sectors of project. This poses a challenge and the facilitator must take full cognizance of the gender

parities and apply more of a participatory training method.

(e) Knowledge of Labour Laws in the sector is minimal. The interpretation and implication of the Constitution is

not well understood by the actors in the sector. The facilitator must familiarize himself with the provisions of the

Labour Laws and constitution in order to handle any concerns raised by the participants.

(f) The facilitator must familiarize himself with the contents of the Participant’s Handbook.

(g) This manual has eight modules. The methodology of imparting knowledge, principles and practices has been

provided. The facilitator must familiarize himself with the training methodology beyond those stated in this

manual.

7


2.1. LEARNING AND PRESENTATION METHODOLOGIES OF THE MANUAL

The training event is expected to take the following format:

• Involving participants during the learning process; this starts from and builds on the experience of course

participants;

• Making the class more participatory;

• Asking questions that require participants to analyze a problem;

• Using pictures to illustrate critical issues;

• Use of help boxes to emphasize a point;

• Using demonstrations;

• Group work;

• Use of case studies;

• Role play to generate interactive learning and internalize learning materials; and

• Video on personal protective equipment (PPE) and hazards to be provided for training

2.2. WHAT IS EXPECTED OF THE FACILITATOR?

There are no set characteristics of an effective facilitator but the following principles of an effective facilitator are

useful:

• Listen attentively and patiently;

• Maintain eye contact with participants;

• Let participants hear what you are saying;

• Provoke reasonable discussions;

• All answers are considered correct unless clarified;

• Recognition of participants’ diversity;

• Flexibility in changing methods; and

• Adaptation to scenarios.

2.3. TOOLS OF PRESENTATION:

• Power Point, laptop+(LCD) Projector,

• Flip charts, Flipchart Stand/chalkboard,

• Markers,

• Cards.

• Demonstration equipment

98


3.1. OBJECTIVES OF THE MANUAL

The main objective of the facilitators’ manual is to enhance the capacity of facilitators to train MSMEs workers and

owners on the selected eleven modules, to showcase on the nexus between Labour Laws and MSMEs development.

At the end of the training, facilitators will have:

(a) Understood different training methodologies for adult learners,

(b) Appreciated presentation techniques and management of flow of training activities,

(c) Understood core training content.

3.2. WHO SHOULD BE TRAINED IN THE USE OF THIS MANUAL

These manual can be used by:-

1. BDS providers

2. Micro enterprises

• MSME owners

• MSME employees

• MSME association leaders

3. Tripartite members

• Micro and Small Enterprise Authority Leadership

• Employer Organizations’ representatives

• Worker representatives

• Labour Administration representatives

• Safety and Health Representatives

• National Social Security Fund representatives

• National Health Insurance Fund representatives

9


4.1. SCOPE OF THE MANUAL

This facilitators’ manual is intended to assist trainers in effective delivery of identified training modules towards

the creation of awareness on Labour Laws compliance within the MSMEs sector. This awareness and knowledge

is to promote decent and sustainable jobs in the sector in order to meet the objectives of the programme and

beyond. The delivery methodologies proposed in this manual have taken full recognition of the dynamics in the

MSMEs sector. It is of essence to mention that, although the modules in the manual have taken into account the

local conditions and environment the modules may be used in other similar scenarios including other sectors with

some adaptation.

4.2. SUMMMARY OF CORE TRAINING CONTENT

This Handbook has eight modules

Module 1 Management of Employment Relationship (Employment Act)

Module 2 Management of Labour Relationship (Labour Relations Act)

Module 3 Occupational Safety and Health at Work (Occupational Safety and Health Act)

Module 4 Labour Institutions Act and Industrial Court Act

Module 5 Administration of Work Injury benefits Act

Module 6 Other Non Labour Related Laws

Module 7 Implementation and Compliance

Module 8 HIV and Micro, Small and Medium size enterprises

1110


4.3.1. DELIVERY TRAINING TECHNIQUES

The trainer’s manual explains how you can use these Modules to teach other trainers and target group. It also

includes a glossary which is intended to assist the reader/instructor to understand the information in the Modules

better. Sample Training techniques are shown below:-

Contributing to a more Enabling Policy Environment for SME D development

8

4.3.1. DELIVERY TRAINING TECHNIQUES

The trainer’s manual explains how you can use these Modules to teach other trainers and target group. It also includes a glossary which is intended to assist the reader/instructor to understand the information in the Modules better. Sample Training techniques are shown below:-

TRAINING TECHNIQUES

Small Group Work/Assignments

Cards

Brainstoming

Summary Exercise

IllustraCons

Use of Checklist

Video presentaCon and Discussions

QuesCon and Answer

4.3. PROPOSED STRUCTURE AND MODULE DELIVERY

The manual is in two parts:

PART I: TRAINING TECHNIQUES

PART II: STRUCTURE OF THE MODULES

11


4.3.2. STRUCTURE OF THE MODULES DELIVERY

Trainers must be familiar with the format of the modules

Each module follows the same format but training techniques will vary. The format is as follows:

• Goal of the Module: This informs you of the overall training (purpose of the Module). At the beginning of the

training the facilitator will ask the participants to write down their expectations for the entire training on a flipchart/

card. It is recommended that you review the goals with the trainees when you start training each module. It is

recommended that the facilitator assigns a participant(s) to recap key learning points of the previous days. Facilitator

may choose to have expectations at the beginning of each model.

• Objectives: The objectives state the minimum that trainees should learn from the Module. When you start each

Module, state the objectives for the trainees. You may also want to write the objectives on a flipchart or chalkboard

and refer back to them when you finish the Module.

Note: The facilitator to ensure that the participants demonstrate their understanding of each module by listing

key learning points as guided by the facilitator.

• What is in this Module: This section outlines the contents of the Module. Writing the outline on a flipchart, display

on the screen (LCD or chalkboard) will give trainees the overall picture of the contents and purpose of the Module

• Introduction: This section explains the background to the problem(s) presented in the Module. Familiarize yourself

with this information and then summarize it for the trainees.

• Core of the Module: Between the Introduction and the Summary of each Module, there are a number of sections

containing the specific information on the topic of the Module. You will need to familiarize yourself with the

information if it is new to you and then present it to the trainees. If necessary, you may supplement this information

with other resources, such as textbooks.

• Points to remember: After each main section of text, you will find a list of points to remember. These are the

“take home” messages for each Segment, that is, a summary of the most important points contained in the section.

Review these points with the trainees as you finish each section. The review will help to reinforce the main points.

Note: The facilitator may ask participants to list down in the workbook key learning points as per the sub-topics

at the end of the module.

• Summary: This section provides a conclusion to the Module. It is recommended that you review the summary

with the trainees when you finish the Module. At that point, you may wish also to restate the Module objectives so

trainees can see what has been accomplished.

• Exercises: Each Module has at least one exercise at the end of it. The exercises give trainees the opportunity to

apply some of what they have learned from the Modules, and are designed to reinforce what has been taught. It is

recommended that you adapt the exercises to local situations as much as possible and use as many of them as time

allows.

1312


4.3.3. DURATION OF THE TRAINING:

The training of participants will last for 2 days

DAY TWO

Day Recap/ Question and Answer

Session 5 Administration of Work Injury Benefits Act

Session 6 Other Non Labour Related Laws

Session 7 Implementation and Compliance

Session 8 HIV and Micro, Small and Medium size enterprises

Closing

DAY ONE

Opening, climate setting and objective setting including introductions

Session 1 Management of Employment Relationship (Employment Act)

Session 2 Management of Labour Relationship (Labour Relations Act)

Session 3 Management of Occupational Safety and Health at Work

Session 4 Labour Institutions Act and Industrial Court Act

13


5.1. MODULE ONE: MANAGEMENT OF EMPLOYMENT RELATIONSHIP (EMPLOYMENT ACT)

Running time: 120minutes(Twohours).Thiswillbesplitintotwosectionsof

60 minutes each

Materials: Willdependonthevenuebutshould,atleast,useaflipchart,water-base

markers and Cards. Also thumb tacks, glue or masking tape.

TheFacilitatorshouldvisitthevenueinadvanceofthetraining. Groupworkis

highly recommended.

Equipment: Laptop and LCD or VCR as necessary.

Handout: i)Onecasestudyhandoutonwrongfuldismissalwillbeprovidedafterthefirst

section.

ii)Exerciseondrawingofemploymentcontract.

Target Audience: StakeholdersintheMSMEandotheragenciesresponsibleforthepromotionof

MSMESIntroduction(10minutes)

Expectations:ThefacilitatoraskstheparticipantstowriteonacardProvided,whattheyexpecttolearnfromthe

sessionandcollectsthemtoputonthewallforreview.

Facilitator:

AskparticipantstotrytheirknowledgeonLabourLaws;

FindoutiftheyhaveanyknowledgeonlabouradministrationinKenya(Workbookhasprovidedsomelead)

Askparticipantsiftheyareawareofthecontentsofemploymentletter/contract

Learning Objectives (5 minutes)

Facilitator:

Attheendofthissession,participantswillbeableto:

•ListkeyhighlightsintheEmploymentAct

•Listkeycontentsofbasicemploymentcontract

•ListthebenefitsandchallengesassociatedwithEmploymentActcompliance.

•Statebasicgrievancehandlingproceduresincludingemploymentcontracttermination.

What is in this module? (10 minutes)

Facilitatorwillshowslideonthekeycontentofthemodule

Core of the module (40 minutes)

UsingPowerPointtoexpoundonthemodule

Group Discussion -case studies 1.1. and 1.2. (10) Summary (5 minutes) on drawing the contract

1514


5.2. MODULE TWO: MANAGEMENT OF LABOUR RELATIONSHIP

Running time: 90 minutes

Materials: Flipchart water-base markers and Cards. Also thumb tacks, glue or masking tape.

The Facilitator should visit the venue in advance of the training. Group work is

highly recommended.

Equipment: Laptop and LCD or VCR as necessary

Handout: Roleplayexerciseoncollectivebargaining


MSMES

Introduction

(10 minutes)

Expectations: Thefacilitatoraskstheparticipantstowriteonacardprovidedwhattheyexpecttolearnfromthe

session and collects them to put on the wall for review

Facilitator:

•AskparticipantsiftheyhaveanyknowledgeonthefunctionsofMinistryofLabour,SocialServicesandSecurity,

Department of Labour and Labour Commissioner


Facilitator


•ListkeyhighlightsintheLabourRelationsEmploymentAct

•Listtherightsofanemployeeandemployerinexercisingfreedomofassociation.


Facilitator will show slide on the key content of the module


Using Power Point to expound on the module

Group Work-Case study 2.1 (15) Role play by one group (on Collective Bargaining): Summary (5 minutes)

15


5.3. MODULE THREE: OCCUPATIONAL SAFETY AND HEALTH AT WORK

Running time: 150minutessplitintothreesectionsof50minuteseach.Guestspeakeris

recommended(OSHtrainer)

Materials: Flipchartwater-basemarkersandCards.Alsothumbtacks,glueormaskingtape.

TheFacilitatorshouldvisitthevenueinadvanceofthetraining.Groupworkis

highlyrecommended

Equipment: LaptopandLCDorVCRasnecessary,Demonstrationequipment

Handout: None


MSMES

Introduction

(10 minutes)


sessionandcollectsthemtoputonthewallforreview

Facilitator:

Askparticipantstolistsafetyprecautionstheypracticeatwork


Facilitator:


•DemonstrateadequateunderstandingonthebenefitsofOSH

•Identifyhazardsattheirplaceofwork

•Stateactionsneededtopreventaccidents

•DemonstrateProperuseofPPE

•Stateresponsibilitiesofemployersandworkersinensuringsafeworkplaces


Facilitatorwillshowslideonthekeycontentofthemodule



Group Discussion on Case studies 3.1 and 3.2 to demonstrate Points to remember (15)

Summary (15 minutes)

1716


5.4. MODULE F0UR: LABOUR INSTITUTIONS ACT AND INDUSTRIAL COURT ACT




highly recommended.


Handout: None


MSMES

Introduction

(10 minutes)



Facilitator:

•AskparticipantsiftheyhaveanyknowledgeonthemandateofFKE,COTU,DepartmentofLabourandLabour

CommissionerandIndustrialCourtindisputesettlement


Facilitator:


•DemonstrateknowledgeonmandateofFKE,COTU,labourmanagementinKenya

•StatefunctionsofNationalLabourBoard

•Listprocessindisputesettlement

•MandateandfunctionsofIndustrialCourt



Core of the module (40minutes)


Points to remember (20) Case study:

Summary (5 minutes)

17


5.5. MODULE FIVE: WORK INJURY BENEFITS ACT

Running time: 90 minutes (Guest speaker is recommended)



highly recommended


Handout: Listofoccupationaldiseases

Target Audience StakeholdersintheMSMEandotheragenciesresponsibleforthepromotionof

MSMES

Introduction

(10 minutes)

Expectations:Thefacilitatoraskstheparticipantstowriteonacardprovidedwhattheyexpecttolearnfromthe


Facilitator:

•Askparticipantsiftheyareawareofinsuranceindustrysettlementofclaims


Facilitator:


•ListthefunctionsoftheDirectorateforSafetyandHealthintheadministrationofWIBA

•Listtheobligationoftheemployerinprocessingcompensation

•Discussrightstocompensation

•Listaccidentreportingprocedures

•Discussclaimprocessingprocedures





Points to remember (20) case study on accident reporting and compensation:

Summary (5 minutes)

1918


5. 6.MODULE SIX: OTHER NON LABOUR RELATED LAWS




highly recommended


Handout: None

Target Audience: Stakeholders in the MSME and other agencies responsible for the promotion of

MSMES

Introduction

(10 minutes)

Expectations: The facilitator asks the participants to write on a card provided what they expect to learn from the


Facilitator:

• What are the fundamental freedoms that are enshrined in the Constitution of Kenya?

• Which freedoms are you entitled at your place of work?

• Give highlights on NSSF and NHIF


Facilitator:

At the end of this session, participants will be able to:

• List types of freedoms enshrined in the Constitution and how they apply in their respective work places

• List types of discriminations that are prohibited under the Constitution

• State the mandate of NSSF, NHIF and how to register as a member or contributor




Using Power Point to expound on the module

Points to remember (20) Freedoms and their limitations, Summary (5 minutes)

19


5.7. MODULE SEVEN: IMPLEMENTATION AND COMPLIANCE




highly recommended


Handout: Enforcement Pyramid

Target Audience StakeholdersintheMSMEandotheragenciesresponsibleforthepromotionof

MSMES

Introduction

(10 minutes)

Expectations:Thefacilitatoraskstheparticipantstowriteonacardprovidedwhattheyexpecttolearnfromthe


Facilitator:

•Askparticipantsiftheyhaveanyknowledgeonwhatconstitutesdecentwork

•Listpossiblepenaltiesassociatedwithnon-compliance


Facilitator:


•Listpracticesattheirworkthatpromotedecentworkorlikelytocontributetodecentwork

•ListpossiblestepsthatcanprogressivelyleadtoLabourLawcompliance

•WhatroletheycanplayinLabourLawcompliance





Points to remember (10)

Summary (5 minutes)

2120


5.8 MODULE EIGHT: HIV AND MICRO, SMALL AND MEDIUM SIZE ENTERPRISES




highly recommended


Handout None


MSMES

Introduction

(10 minutes)


session and collects them to put on the wall for review.

Facilitator:

•AskparticipantstostatewhatHIVisanditspossibleimpacttobusiness

•IdentifyhowHIVtransmissioncanbemanagedandwhatrolecanbusinessesplay


Facilitator:


•DemonstratewhatHIVisandwhatAIDSis

•ListvariousinterventionsbusinessescanplayinsupportingHIVnationalresponse





Points to remember (20) Condom use demonstration (10 minutes and Summary (5 minutes)

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PB

“This material is published with support from the ILO Law Growth Nexus Project, a Norwegian Agency for Development

Cooperation (NORAD) funded project”

In collaboration with:

facilitator’s manual...this facilitator’s manual is part of the tool kit developed under lgn...

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