Why HR institute believes it can win battle against quacks

The Kenya Plantation and Agricultural Workers Union, headed by Francis Atwoli, moved to court arguing that it could not negotiate workers’ issues with quacks as the HR officers were not registered with the Institute of Human Resource Management (IHRM).

The Business Daily talked to IHRM executive director Dorcas Wainaina on the efforts the institute is making to rid the profession of quacks. Here are the excerpts:

The institution you head was basically set up to weed out quacks from the HR profession and ensure that only those with the requisite academic training perform the role. To what extent have you achieved this?

This is a process considering that we began in June 2016 when the current council got gazetted. Since then, the number of professionals registered with IHRM has increased from 2,500 to 10,000.

This increase in the number of those who are compliant can be attributed to mechanisms IHRM has put in place to help members and employers comply with the HRMP Act. These include compliance assistance programme/criteria (CAP) and the competence-based criteria (CBC).

Is it compulsory for all HR professionals to hold a practising licenCe from the institute? How many have so far been certified?

A practising certificate is provided for in Section 29 of the HRMP Act and strictly speaking, everyone practising HR privately or in an organisation should therefore hold a licence. But during this transition period, it is also mandatory that anyone that is the head of HR hold a licence.

Is there a grace period to allow those practising HR to acquire permits? Is there a deadline by which all should have permits?

Section 45(5) gave a grace period of 12 months starting January 2013. The period expired in January 2014. The transition council then extended the period to June 2016, which was extended further to December 2016 and finally June 2017. There will be no further extension.

Are there special arrangements for those without HR training but are serving in the profession to get accreditation?

I have alluded to the competence-based criteria (CBC), which allows membership based on an individual’s competence rather than a person’s HR academic qualifications. 

What is the punishment for those found practising HR without a license and how many have you hit with such penalties?

The law has determined the penalty as stipulated in Section 40(i), which is a fine not exceeding Sh200,000 or imprisonment not exceeding two years or both. We are in a transition period and offering all practitioners across the country opportunity to comply. Other players in the labour sector such as trade unions have gone ahead to prosecute individuals working without the required IHRM certification. Conversely, they have refused to engage in CBA negotiations with non-compliant individuals.

The institute has an examinations board, which has already developed a Kenyan HR professional qualification dubbed Certified Human Resource Professional (CHRP) — achieved in three levels. What is offered at each level, what are the entry requirements and who is targeted at each level?

CHRP I has two levels, CHRP II has two levels and CHRP III. CHRP III includes lessons on leadership and governance, strategic HR management, counselling and coaching, entrepreneurship and HR consultancy, HR accounting and an HR research project. CHRP I requires at least an aggregate KCSE grade of C+.

CHRP II requires one to hold CHRP I or diploma in HR or a Bachelor’s degree in HR. CHRP III requires a holder of CHRP II or higher diploma in HR, or a Master’s degree in HR. There are other equivalents considered on a case by case basis.

READ: Managers to pay hefty fine for hiring unqualified HR staff

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Is this CHRP programme recognised internationally and are exemptions given to holders of degrees and diplomas in HR?

We launched the curriculum in November 2016 and strongly believe it meets international standards. Exemptions are given on each subject for a Bachelor’s degree holder, diploma holder, a Master’s degree holder and even PhD.

Does the institute have a say in the development and design of HR curriculum in tertiary institutions and universities?

IHRM has participated, through invitation, in the review of Karatina University’s HR curriculum for Bachelor’s, Master’s and PhDs. We shall continue to participate in such capacity at this point.

There have been complaints that HR experts are not getting a seat at the board level or in decision making at high levels. What’s your take on this?

This trend is fast changing and is no longer the case that HR is not at the table. It is beneficial to the industry to get their HR leaders provide guidance on matters employment and labour relations. This is the expertise of HR professionals. The institute is committed to continuously enhancing the capabilities of our HR professionals to offer sound guidance and advice in the ever changing world of work.

What new trends are you seeing in Kenya’s workplace?

The smartphone has disrupted the world of work even in Kenya. I see the mobile device becoming an imperative tool for HR. From recruiting to interacting with employees — WhatsApp, text, etc. Employees can and should access pay slips, apply for leave, file expense reports at the touch of a button.

Digital technology has also caused HR to be more data-driven in decision making. Performance management is no longer a one-day affair at the end of a 12-month period but a desire by employees to receive frequent feedback and for managers to track performance and pre-empt losses that may be caused by a lack of ability or know-how.

READ: Digital era posing challenges for HR, say practitioners

In addition, IHRM is aware and is keenly monitoring the rise of “online gig economy.” Individuals working in such economies, for instance, do not fit the existing legal definitions of “employees” and “independent contractors”. These definitions determine which workers are required to receive certain protections and benefits from their employers.

Under the current legal framework, the workers and intermediaries with whom they work in these emerging relationships face unnecessary and excessive legal uncertainty that creates inefficiencies for all parties concerned.

Going forward, IHRM is developing an advisory opinion to be shared with the relevant stakeholders for policy formulation on the independent “worker.”