Question:

Can a member of a CBO in Sierra Leone receive a monthly salary without coming into conflict with the CBO statutes that are mandatory in Sierra Leone? What options are available?

Answer:

Yes, a member of a community-based organisation (CBO) in Sierra Leone can, in principle, receive a monthly salary, provided that certain conditions are met and the payment complies with applicable laws and the CBO’s constitution.

✅ Requirements for a salary to be legally and constitutionally possible:

1. Clear provisions in the CBO constitution:
   • The CBO must expressly stipulate in its constitution who can be paid, under what conditions and from what funds.
   • A distinction must be made between volunteer members and paid employees.
2. Transparent separation of functions:
   • A person cannot be a member of the governing body (board) and receive a salary at the same time, unless the constitution expressly permits this and there is a transparency clause.
   • If, for example, a member is also a project coordinator, this role must be clearly defined as an employee position.
3. Employment contract or service contract:
   • Every person who receives remuneration should have a clear contract (employment contract or service contract) that regulates tasks, time frames, payment and termination conditions.
4. Admissibility under national law:
   • According to the ‘Non-Governmental Organizations Policy’ and the ‘Associations Act’ in Sierra Leone, CBOs may employ staff – however, the following conditions must be met:
     • the funding for this must be transparent (e.g. through donors),
     • the salary must be appropriate and in line with market rates,
     • the employment must serve the purpose of the organisation.
5. Financial resources:
   • Salaries must not come from funds that are earmarked (e.g. by donors or project contracts) exclusively for other purposes.
   • Ideally, salaries should come from:
     • project budgets (e.g. from grants),
     • operating income (if permitted),
     • core support from partners/donors.

💡 Three possible ways to ensure legally compliant payment:

Option Description

1. Paid employment Member takes on a paid role (e.g. trainer, coordinator) with an employment contract.

2. Expense allowance Volunteer member receives a monthly lump sum for expenses (not as a salary, but tax-free).

3. External assignment (consultant) Member is hired as an external consultant/trainer for a fee – e.g. for workshops.

⚠️ What to avoid:

• Unofficial or cash salaries without documentation.
• Payments to board members without the approval of the general assembly.
• Dual roles (decision + payment to oneself) without control mechanisms.

📘 Recommendation:

Add a clause such as the following to the statutes:

‘The organisation may employ qualified members in salaried positions if this is necessary for the implementation of the project. Decisions on appointments and remuneration require the approval of the board and compliance with legal and financial guidelines.’

Sample Clause for a CBO Constitution in Sierra Leone – Regarding Paid Positions

Article X: Employment of Members and Remuneration

1. General Principle: Members of the Community-Based Organization (CBO) may be employed in paid roles if such employment is essential for the effective implementation of the organization’s objectives and projects.
2. Eligibility: Any member may apply for a paid position within the CBO. Selection must be based on qualifications, experience, and the needs of the organization. No discrimination shall occur based on gender, ethnicity, religion, or disability.
3. Separation of Roles: A person serving in a leadership capacity (e.g., as Chairperson, Treasurer, or Secretary of the Executive Committee) shall not simultaneously hold a paid staff position, unless this has been clearly approved by a two-thirds majority of the General Assembly and recorded in official minutes.
4. Approval Process: a. All employment contracts must be reviewed and approved by the Executive Committee. b. The terms of employment, including remuneration, duration, responsibilities, and expected outputs, shall be outlined in a written contract signed by both parties.
5. Funding and Compliance: a. Salaries or stipends shall be paid only from unrestricted funds or funds allocated explicitly for staffing in donor agreements. b. All employment must comply with the labour laws and minimum wage regulations of Sierra Leone.
6. Transparency and Reporting: All payments to staff shall be recorded in the organization’s financial statements and reported to the General Assembly at the annual general meeting (AGM).
7. Consultants and Service Providers: The CBO may also engage members or external parties as consultants or service providers, based on merit, contract, and budget availability.
8. Conflict of Interest: All members must declare any conflict of interest related to employment or contracting, and such conflicts shall be managed according to the CBO’s Conflict of Interest Policy.

CBO SLLTC Constituition Sample

Constitution of the Sierra Leone Technology Training Center (SLTTC)

Article 1: Name The name of the organization shall be Sierra Leone Technology Training Center (SLTTC), hereinafter referred to as “the CBO.”

Article 2: Legal Status The CBO is a non-profit, non-political, community-based organization registered in accordance with the laws of Sierra Leone.

Article 3: Vision and Mission

Vision: To empower communities across Sierra Leone through digital skills, technological awareness, and inclusive training programs.

Mission: To provide accessible and inclusive training in technology and digital literacy for youth, persons with disabilities, dropouts, rural residents, institutions, and community groups.

Article 4: Objectives

1. To build digital skills and cyber-awareness in urban and rural communities.
2. To train marginalized groups and enhance their employability.
3. To support institutions, schools, and entrepreneurs with relevant digital tools.
4. To reduce the digital divide and increase access to technology.

Article 5: Membership

1. Membership is open to any Sierra Leonean who supports the mission of the CBO.
2. Members must be 18 years and above.
3. All members must register and pay an annual membership fee, as determined by the General Assembly.

Article 6: Rights and Duties of Members

1. Attend meetings and vote in the General Assembly.
2. Elect and be elected to leadership positions.
3. Support and participate in CBO activities.
4. Abide by this Constitution and CBO policies.

Article 7: Organs of the CBO

1. The General Assembly – supreme decision-making body.
2. The Executive Committee – implements decisions and manages operations.
3. Sub-Committees – for finance, training, outreach, etc.

Article 8: Executive Committee

1. The Executive Committee shall consist of:
   • Chairperson
   • Vice Chairperson
   • Secretary
   • Treasurer
   • 2 Members-at-Large
2. The term of office shall be 2 years and renewable once.
3. The Executive Committee shall meet quarterly or as needed.

Article 9: Functions of the Executive Officers

• Chairperson: Provides leadership and chairs meetings.
• Vice Chairperson: Assists and acts in the absence of the Chairperson.
• Secretary: Keeps records and minutes, manages correspondence.
• Treasurer: Oversees financial records and reports.

Article 10: Employment of Members and Remuneration

1. Members may hold paid positions if approved by the General Assembly.
2. Leadership positions cannot hold paid staff roles simultaneously unless explicitly approved.
3. All contracts must be documented and compliant with national laws.
4. Staff shall be paid from unrestricted or donor-approved funds.

Article 11: Conflict of Interest Members must declare any conflict of interest in writing. Conflicts must be managed transparently.

Article 12: Meetings

1. The General Assembly shall meet annually.
2. Executive Committee meetings shall be held quarterly.
3. Emergency meetings may be called by the Chairperson or a third of the members.

Article 13: Finance and Audit

1. The CBO shall maintain accurate financial records.
2. An annual budget shall be approved by the General Assembly.
3. External audits shall be conducted annually and shared with stakeholders.

Article 14: Amendments This Constitution may be amended by a two-thirds majority vote of the General Assembly.

Article 15: Dissolution

1. The CBO may be dissolved by a three-quarters majority of the General Assembly.
2. Upon dissolution, assets shall be transferred to a similar non-profit or community organization.

Adopted on: [Insert Date]
Location: [Insert Location]
Signed by Founding Members:

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This clause should be adapted to the specific context and goals of your CBO. If needed, I can help you draft the entire constitution or employment contract templates based on Sierra Leone’s legal standards.

• Here is a simple sample employment contract in English for the CBO Sierra Leone Technology Training Centre (SLTTC), tailored to local conditions in Sierra Leone:

EMPLOYMENT CONTRACT

This Employment Agreement is made on this ___ day of _________, 20, between:

Sierra Leone Technology Training Center (SLTTC), a registered Community-Based Organization (CBO) with its head office located at [insert address], hereinafter referred to as the Employer,

AND

Mr./Ms. ____________________________, of [insert address], hereinafter referred to as the Employee.

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1. Position

The Employee shall serve as a __________________________, reporting to the [Supervisor/Project Manager].

2. Employment Type and Duration

• This contract is for a [full-time/part-time], [fixed-term/permanent] position.
• The employment shall commence on __________ and will end on __________ (if fixed-term), unless renewed or terminated in accordance with this contract.

3. Duties and Responsibilities

The Employee agrees to perform the duties described in the attached Job Description and any other duties as assigned, aligned with the mission of SLTTC.

4. Working Hours

The standard working hours are from : AM to : PM, Monday to Friday, unless otherwise agreed upon.

5. Salary and Payment

• The Employee shall be paid a gross monthly salary of SLL ________ (or USD ________), subject to applicable deductions under Sierra Leone law.
• Salary shall be paid no later than the 5th day of each month.

6. Probation

A probation period of three (3) months shall apply. During this time, either party may terminate the contract with one week’s notice.

7. Leave Entitlement

• Annual Leave: 20 working days per year (pro-rata for shorter contracts).
• Sick Leave: As per the Employment Act of Sierra Leone.
• Public Holidays: Observed according to the national calendar.

8. Confidentiality

The Employee agrees to maintain the confidentiality of any sensitive or proprietary information of the CBO during and after employment.

9. Conflict of Interest

The Employee shall not engage in any business or activity that conflicts with the interests of SLTTC without written consent.

10. Termination

This contract may be terminated:

• By either party with 30 days written notice (after probation);
• For cause without notice if there is gross misconduct or violation of this contract;
• In accordance with national labor laws.

11. Governing Law

This contract shall be governed by and interpreted under the laws of the Republic of Sierra Leone.

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SIGNATURES

For the Employer:
Name: ___________________________
Title: ___________________________
Signature: _______________________
Date: ___________________________

Employee:
Name: ___________________________
Signature: _______________________
Date: ___________________________