Human resource policy 2005 herd

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 employee's 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 ED's 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.

HERD's Human Resource Management Policy 2005, 3rd amendment is made on dated 23rd September 2011 by General Assembly, Decision No. 4. Page 1

3. Post Criteria: The following is the post criteria chart of the HERD.

S.N. Level Position Description Academic Qualification Experience, Skills & Competencies

1 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 Director

2 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
improvement

3 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.


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 individual's
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 specification


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. The


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
employee's 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.

f) Reference to website which details HERD's 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 HERD's 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 HERD's 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.


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 panel's 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 level's 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 12

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.


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
candidate's work, education or training: preferably in a supervisory capacity and a
reference must be obtained from the current or previous employer.


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 applicant's 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.


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 employee's performance
appraisal, and recommendation for extension from the employee's 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 team's 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


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 transfer


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 the


doctor’s recommendation. In such cases, the Program Management Unit
(PMU) may consider the followings (in consecutive calendar days);

6.2.4.1 Up to 15 days leave with 50% pay if there is no balance of other
entitled leave, or
6.2.4.2 Unpaid leave as negotiated, or
6.2.4.3 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.


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


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.


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.


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.


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


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:
9.2.1.1 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.


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 employee's 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 within

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 employee's 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.


11.2.3 Dismissal.

11.2.3.1 The PMU and the Executive director will follow all steps as set
out in the disciplinary procedures while taking appropriate action
against employees.

11.2.3.2 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.

11.2.3.3 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).

11.2.3.4 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.

11.2.3.5 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.


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.

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,


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 person's dignity or creating an intimidating, hostile,
degrading, humiliating or offensive environment, if taking all the circumstances into
account, particularly including the recipient's 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.


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 discuss


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 harasser's/bully's 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.


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:-

13.8.1.1 Physical conduct of a sexual nature: Unwanted physical contact
ranging from unnecessary touching, patting, pinching or
deliberately brushing against another staff.
13.8.1.2 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.
13.8.1.3 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.
13.8.1.4 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.

13.8.2.1 Physical conduct of a racial nature: Intimidating physical contact,
ranging from touching, deliberately pushing or tripping another
staff to serious assault.
13.8.2.2 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.
13.8.2.3 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.
13.8.2.4 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.


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:
13.8.3.1 Making sexual threats and intimidation.
13.8.3.2 Making provocative, unnecessary and unwanted heterosexual
physical contact.
13.8.3.3 Verbal abuse, suggestive and unwelcome remarks about appearance
and private life.
13.8.3.4 Making offensive jokes, offensive name-calling.
13.8.3.5 Denying opportunities for promotion or development.
13.8.3.6 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:-
13.8.4.1 Verbal, including use of derogatory statements that are found
objectionable and offensive; offensive jokes, comments about
appearance or ability.
13.8.4.2 Physical, including jostling, mistreating or assaulting, gestures, or
offensive correspondence.
13.8.4.3 Isolation or exclusion.
13.8.4.4 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.


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