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Dyncorp Afghanistan LOGCAP PM & DPM resign (Updated)

Updated September 13, 2010: The rumors were true. It’s a total manager change out for Dyncorp in Afghanistan. Current Project Manager Hank Miller is resigning this week, to be replaced by current Deputy Project Manager Joe Schmitt. Brad Sprague staying on one more year as Director of Operations & Maintenance (O & M ).

Former KBR PM/DPM Scott Mount, the one we all the love hate at MsSparky.com is apparently now a “former” Dyncorp DPM.   There is a whole lot of speculation surrounding his sudden “resignation”. Was he forced to “resign”? Did he see the handwriting on the wall and voluntarily resign? Is he going to work for Fluor? If he did go to work for Fluor and resigned that would be like the LOGCAP trifecta of “resignations”.

Below is the email announcing his departure and subsequent good bye party.

Please stop by the CSO Admin building downstairs conference room at 1600 today. Scott Mount is heading home after he time here with us. Scott has been here from day one of this contract and has made significant contributions to this project. We will definitely miss Scott and invite you to come and say good bye to our DPM of Operations. We wish him safe travels and a happy life.

POC: Ani Petkovska

My personal opinion on this one…….”Good Riddance”. Maybe now Dyncorp has a slight chance for success in Afghanistan.

If you have any specific information surrounding Scott Mounts sudden “resignation” let us know.

Ms Sparky

my image

117 Comments

  1. Comment by John:

    The sudden departure of Scott Mount is great news for DynCorp employees. Now if only he will take the rest of his Leesville southern mafia cronies with him things will get much better at Dyn Corp.
    I can not see Fluor hiring this individual who has a reputation for taking care of his buddies and creating a hostile work environment for all others.
    I do not understand why DI hired him in the first place with his track record from KBR in Iraq. KBR shit canned him and had to totally revamp their employee relations program after his tenure and demeaning approach to employees with a wrecking ball type mentality.
    This mans name is synonymous from the Balkans to Baghdad in how to be an incompetent failure and still maintain your job.
    His type of management skills are paramount with instilling fear and intimidation among employees and like I said earlier this creates a hostile work environment. He should have been fired 9 months ago or never hired in the first dam place.
    DynCorp will not reveal why Scott departed because there was an ex army general last year who was a p.m at KAF who departed and this was kept hush hush.
    As for Scott Mount going to Fluor,if there is any validity to this rumor, it would be a big mistake on their part to put him in a senior managerial position.
    He needs to be on the back of a trash truck at KAF working as a slinger emptying garbage cans. If that is not good enough they could give him a job as a swimming instructor at the bio hazard waste lake that permeates all of KAF with the pungent odor of shit because he would fit in real well at that capacity.
    In conclusion it is good to hear that a so called titan in the contracting world has fell on his own sword.
    Fluor might be his last stop because he is running out of places to go with his reputation.

    • Comment by Ms Sparky:

      From what I understand his departure from KBR spawned a Federal Investigation. The last CWC hearing talked about tracking these undesirable employees who seem to fall through the cracks and go on to destroy contracts elsewhere. Just who is tracking these managers. They are allowed to “resign” and their terminations are not tracked. I think it’s primarily because if their incompetence is broadcast to the client it would make the contractor look bad. KBR has been practicing that termination technique for years. Scott Mount is a class example.

    • Comment by Forseti:

      I take it that you know him :)

    • Comment by TruthseekerUSA:

      Did Conrad Cannon go with him? Conrad ‘the man who won’t make a decision’ Cannon has been protected by Mount for quite some time and simply couldn’t survive unless he is shielded by Uncle Scotty’s benevolence (sarcasm intended). What about Angie Ham and the rest of the Leesville Mafia. Let’s name the names people, good and bad.

      Brad Sprague was one of the few (very) good ones. Maybe now he can actually get something done as Director of O&M.

      • Comment by I'm sorry troops:

        Sprague one of the few good ones. Now that is funny. Well I guess if you are refering to a good one as a worthless lieing individual who’s only plan is to continue to lie to the trades people over here working. Then I guess you are right. Dumbass. I was transtioned over from KBR to Dyncorp in 09. The first year with Dyncorp I started working under Mr. Sprague. During that time I was promised promotion after promotion only to witness my monitary gains being flushed down the Dyncorp toilet. And in that time I have witnessed 2 new O&M supervisiors come through the doors with little or no trades experience, just because they were Sprague’s former KBR buddies. So in my opinion he can stick his promises where the good Lord split him. So far these LOGCAP contracts have been funnier than an HBO comedy.

      • Comment by Linda Warren:

        Speaking of “Uncle Scotty”, that is what the Bosnian TCNs called him when they sat on his lap. Sabina Sedgnovik called him “daddy”.

  2. Comment by JJ:

    Would anyone be supprised if he went to work for Fluor, I think not. When Fluor took over Afghanistan, they hired all KBR management. The promotions got so bad (over 400 in the past couple of month) that HR created new “competitive” guidlines on getting promoted, again all for the sake of appearance. How many managers and supervisors does it take to screw in a light bulb. Bagram is a stuffed turkey with managers.

  3. Comment by John:

    The last thing I heard about Scott Mount was that somebody said they saw him in downtown Kandahar city at the bus stop cleaning toilets and installing urinal cakes.

  4. Comment by C.A.R.M.:

    Scott Mount is not going to Fluor. He resigned from his posiion in Afghanistan not DynCorp. This is to the people who are commenting on Scott Mounts status, you are more that likely a person he has fired or he jumped you ass for not doing something right. KBR never fired him. The man has done this type of work for over 15 years and is probaly tired and ready to go home and retire. And if failed so much like yall say he has done then why has he always been at the top level position in every job? I think people are jealous of him and his accomplisments! Scott Mount is not a failure. Scott Mount once told me, “You cant get paid the BIG BUCKS without someone talking bad about you.” So to the people who think they know him, you dont know shit!!!! MY BEST REGARDS

    • Comment by TruthseekerUSA:

      Suck up. Did Scott arrange for you to go to Alliance with him? Better hope so.

    • Comment by Ms Sparky:

      Charlie – I would expect you to stick up for your dad so I am not going to trash you for that. But seriously, you have no idea what goes on in Iraq and Afghanistan.

    • Comment by Robbi Marshall:

      It has been my experience that Scott is quite capable. He was firm, but I never saw him intentionally do harm to anyone. He expected you to do your job. If you didn’t, then, you could go to the house. I am sure he has made some mistakes, but, who hasn’t? His health required that he return to the States. The old Leesville Mafia story has had way too long a shelf life. In your work experience, if you know someone who is a capable. ethical worker, why would you not hire them? That has nothing to do with where they live. I am not from Leesville. Do you think there are absolutely no people in Leesville or the surrounding areas that have made great contributions to the LOGCAP experience? I am sorry you feel that way. While you have a right to your opinion, please, do not act like there are not people in the world who hold Scott and many others in high regard – both business-wise and personally. Instead of bashing folks, would it not be better to provide a forum for people to enhance the LOGCAP program? I understand that there are employees in positions in all of the companies that serve LOGCAP that are self=serving, but that is the case with any large corporation. In the end, we all reap what we sew.

      • Comment by LOGCAP Employee 7 Years:

        Amen Robbi, I could not have said it better! – Being a west coast gal, knowing NO ONE when I arrived at the VBC, Scotty was good to me. I did my job and earned his respect. Scotty told me once 7 years ago, hit your goals and get out of here, do not let this place ruin you. WE all make mistakes, it is called being human. But, to try and ruin people’s lives. The only one who can judge us is the good lord above and I think some folks should keep that in mind. This is the first time I have been on this form, I will say I am disappointed at how hurtful folks are.

  5. Comment by TruthseekerUSA:

    Ms Sparky, Scott Mount has left Afghanistan but will work for Alliance. At this time no replacement for Mount has been named.

  6. Comment by bucca777:

    Dam Sparky when you are on roll of trashing someone you really go all out LOL. I think you need a R&R. Now i see how your work shop got jacked up because you were too busy chasing Dyncorp and KBR :)

  7. Comment by John:

    I thought I heard the Leesville mafia fly over with CARM or Charlie, or whoever he is talking about what a wonderful guy Scott Mount is.
    Hell hath no fury when it comes to a suck ass and his scorn. Can I get an Amen?
    They must not be doing any drug testing where this guy works because he is either on the pipe or totally naive about Scott Mount.
    He talked so good about Scott that I figured he was either tea bagging the man or tossing Scotts salad or something.
    Keep up the good work Charlie. We would not want you to lose your SUCTION!

  8. Comment by John:

    What have I done? I just might happen to be your new deputy project manager and you can apologize and start sucking up to me like you did Scott Mount. And from now on you will call me daddy and you will like it!

  9. Comment by John:

    CARM, I know that Scotts departure from Dyn Corp is hard for you to accept considering the two of you have been known to drink from the same coffee mug.
    Now that you have accepted the fact that I am your new daddy things will smooth over.
    You can come to my office any time and not have to worry about leaving with that shit dripping off your chin like every time you left Scotts presence.
    If you can not come to terms with Scotts exit stage left then maybe I will consider sending you to the Conrad Cannon shit bag school of excellence in management.
    You will learn how to say , I dont know to any problem that arises and maybe even become a protege of Conrad. Conrad learned this technique from Scott and you must follow the chain of command.
    The only thing I ask is since we have already established the fact that I am yor new daddy that you wait on me hand and foot and worship me like an idol.

    • Comment by Ms Sparky:

      John-Clean it up a little please or I am going to have to moderate your comments. You can make your point without being so nasty.

    • Comment by TruthseekerUSA:

      Hey ‘John’,
      It is apparent that you really do know Conrad Cannon. I was in KAF and had the poor luck to be stuck working directly under Conrad. His favorite answer to just about any question is (as you stated) “I don’t know”. This absolutely drove me nuts. When I called him on the carpet, face to face, and demanded that he answer my question or do it himself he went running straight to Scott Mount and next thing I know I was informed that I was being shipped to a FOB on the Pakistan border. In retrospect I probably should have just agreed to go and it would have been fine but I still had numerous LHS and TI’s to perform all over southern Afghanistan so I stood my ground. The end result was I left DynCorp and went home. This was DynCorp’s loss, not mine. Scott Mount, Conrad Cannon and all the rest of their cronies force out the qualified tradesmen and only keep the unqualified suck ups and ass kissers. Maybe this is why servicemen and women are still receiving electrical shocks in the latrines. I tried to be a solution but only one man stood up for me. I won’t name who he is because he is still over there. Scott made it crystal clear that he had the power to do anything he wanted to. I even asked to speak to Hank Miller about the issue but even Hank appears subordinate to Scott Mount. It seems that once again Mount will escape what should be coming to him. This is too bad for the Military members we were supposed to be assisting.

      Whoever you are you have my respect and whatever support I can offer.

      Good luck

      • Comment by C.A.R.M.:

        Its called chain of command. So if you was under Conrads athority you should of shut your mouth and listen to your boss. I guess you are where you are because of that. GOOD LUCK ps.kuwait logcap is looking for a couple good elect.so if you see any tell them about it. My best regards.

        • Comment by justice4all:

          I hope you keep up your comments about the indiots that run Dyncorp. It is because of the incompetency of many of the “supervisors” and their “authority” that things are so messed up.

          I am sure that Ms. Sparky has an IP address locator. Stop being such an ass

      • Comment by Fish Finder:

        well; the Leesburg Mafia lives on. Hank Miller is sitting pretty & Scott Mount is back in Texas HQ joined recently by his old pal Angie (worthless) Hamm. Replacing Hamm as Site Manager on KAF is Alton Taylor; not a bad sort; but unfortunatley, has decided to go back to the house. Now, RUMOR HAS IT that in all its infinite wisdom, DI has named none other than ‘I don’t know’ Conrad Cannon as Site Manager of KAF. OMG; is there a brain cell left alive

        • Comment by Ms Sparky:

          Conrad Cannon? You have got to be kidding me!!

        • Comment by True Fait:

          Well folks I don’t know any of these Bloggers but find the bashing and bickering amuzing. Met Scott, Conrad and can’t say much about them other than if I went to them I got what I requested. As for Angie Hamm who worked for and with me before… well let’s just say Fish Finder has a different definition of worthless than the dictionary as I found her to be fully capable at her task

      • Comment by LOGCAP Employee 7 Years:

        Now that is funny, Hank subordinate to Scotty or anyone to that matter. You don’t Know Hank well at all. Hank has/had no problem telling Scotty or any what was going on, on his project.

  10. Comment by John:

    Ms. Sparky, I will refrain from the derogatory comments in the future even though we all know that Scott Mount is the real villian and perpetrator of all of these blogs.
    Even though Scott is disliked by many in the contractor world at least we know he has one apparent fan and all Dyn Corp employees who read this know that I speak only the truth.
    I want to apologise to Carm for my nasty remarks but that does not change the fact that I am still his new daddy.

    • Comment by Ms Sparky:

      Thanks. Feel free to trash Mount all you want just leave out the extreme nastiness and C.A.R.M. is in Kuwait and I think he is related to Mount. Maybe a son. That would explain the undying loyalty. So cut him a little slack. Just a little! :)

      • Comment by C.A.R.M.:

        Everybody has there opinion so therefore they can say what ever they want. But to clarify John will not be the new DPM, I’m not sure if he even works for DI. Ms. Sparky, him saying all those remarks about me and Scott in that kind of way means that Scott must have made his “mark” on John. It seems that it gets under his skin when people say his name. Kinda of like when people hear your name in the contracting world, people listen to you and read what you have to say,I know that I have been for a couple years now. Scott is kinda like you Ms. Sparky, you say,”I strive to live my life in such a way that when my feet hit the floor in the morning corrupt defense contractors shudder and say ‘OH SHIT…SHE’S AWAKE!” That’s kinda like Scott, John hears his name and gets all worked up for nothing because he is a nobody in the contracting world. Maybe a good manager for a Waffle House not for contracting! My best regards to Ms. Sparky and Mr.John, you probaly squat to take a piss..Wipe good sir.

    • Comment by C.A.R.M.:

      John_____?

  11. Comment by John:

    Thank you truth seeker and Ms Sparky for backing me up on the Scott Mount issue.
    A senior DI manager once told me that Scott has made so many enemies that he would be lucky to find anybody who would serve as a paulbearer at his funeral.
    That is pretty bad when somebody has that low an opinion of an individual.
    As for Carm, he is in Kuwait because he is afraid to go down range. CARM goes to sleep at night dreaming about how he will one day be reunited with Scott.
    When it comes to Scott, CARM is as loyal as the dog he is to his master.The only question I have to ask is how can CARM be Scotts son when CARM readily admits that I am his new daddy.
    After Scotts departure I had to send CARM a box of cry baby rags to wipe up the trail of tears this man cried.

    • Comment by C.A.R.M.:

      I remember back during the transition at KAR, DI had people come from Kuwait to KAR to help out because of the stupid people there could not follow orders. So the guys who arent down range came to the rescue. OMG you really have a small set of balls John. Come to Kuwait and we’ll see who’s are bigger. My Best Regards.

      • Comment by IF:

        “because of the stupid people there could not follow orders.”

        Typically, from a management standpoint, people not being able to follow orders is a reflection of management, and the management plan. Also, typically, DynCorp has suffered a severe lack of effective management. They assign unqualified people into positions of leadership. Their lack of qualification is generally their lack of leadership abilities and/or their ability to follow the management plan. However, since DynCorp does not construct a management plan, these unqualified people are unable to follow it…..because it does not exist. Therefore, the ineffective leadership pool consists of non-leaders without a plan.

        With KBR, the Leesville Mafia at least had a template, complete with decades of organizational process assets with which to impose their lack-of-leadership management style. They were eventually flushed out. With DynCorp, they were brought back into a similar position….only this time without a plan.

        If you fail to plan, you plan to fail.

  12. Comment by LOGCAP IV A JOKE:

    “Like sands through the hour glass so are the days of KBR Contractors”. This is a really great story line to a soap opera.

  13. Comment by John:

    Did anybody ever wonder what the C in CARM stood for. Well I will tell you. It stands for Chump!
    CARM stated that he has known Scott Mount for twenty years when they started sucking out porta cans at Arifjan camp in Kuwait for Toifor.
    Scott left that position months later for a better job working 12 hour days serving ice cream out of a booth located in the sultan center.
    When the war in Iraq broke out Scott promised Carm a job down range in Iraq, but Carm got a dose of stage fright and had to stay in Kuwait.
    Scott hated to lose his right hand man and he knew of Carms work ethic at Toifor so Scott landed him the present job he is located at.
    If you are looking for Carm you can find him right where Scott left him at the central hospital in Kuwait city. He is there every day except Friday working with sick patients. His job discipline to the best of my knowledge is removing and cleaning bed pans full of urine and mopping up vomit.
    Normally in the corporate world when good bosses climb the ladder they take good workers with them.
    It has been almost 20 years now and Scotts motto was that he would leave no soldier behind.
    Obviously this was not the case with CARM because he is still waiting.
    There was a movie that came out a couple of months ago and I tried to get the both of them a starring role in it.
    I thought Scott and Carm would do real well on the cinema screen because the name of the movie was THE LOSERS!

  14. Comment by John:

    I am writing in regards to the letter announcing Scott Mounts significant contributions to the log cap project since day one.
    This man oversaw an engineering marvel unsurpassed in the history of construction.
    At Kandahar air base the Hicks administrative and living complex was built on a defunct dry river bed.
    I do not know if this putz named Scott even had the foresight to have a grade and elevation shot of the land performed by a survey crew before the structure was built.
    In January about one inch of rain fell off of the mountains flowing into this place and flooded the whole complex with water over waist deep.
    The night of the rain tenants woke up in their living quarters to a flood that looked like the remnants of hurricane Katrina and this was with one inch of rainfall.
    It happened on his watch as was stated because this idiot loser does not know jack about construction.
    I only wish I knew what institution of higher learning this man attended. That way I could make sure I do not send my son CARM to that university that turns out dumb asses like Scott.

    • Comment by C.A.R.M.:

      You sure do know alot about him. You must have worked for him in the past, let me guess you where the guy who made sure his coffee was ready for him in the morning and loved doing it too, but untill one day you didn’t have it ready for him and you found yourself without a master.

  15. Comment by John:

    I happen to work at the NOK in Kirkuk in the private sector as site engineer for a major oil company.
    The company I work for would not even consider hiring the likes of you or Scott Mount.
    You need to stick to your regular job emptying bed pans full of urine for sick individuals and mopping up vomit.
    Mount can not even supervise the construction of living quarters much less pull oil out of the ground.
    He might get a job as a safety man working for BP in the gulf of Mexico.
    Myself and two other engineers happen to be the ones who got his sorry ass fired from KBR.
    There is not an insurance underwriter that will have anything to do with a dirt bag like Scott Mount. Ask your friend if he can get flood insurance because he is black listed for his engineering marvels.
    He is a piece of garbage that only low ball firms will hire considering his track record.
    That is why Dyn Corp got rid of his sorry fat ass. Resign or be fired because as bad as Dyn Corp is they dont abide by the KBR policy of screw up -move up.
    As far as a master goes the only masters I know are you and Scott Mount, a couple of masterbaiters.

    • Comment by Ms Sparky:

      Well that made me sit right on up in my chair!! I would love to have your version of ALL the specifics related to Scott Mounts resignation/termination from KBR!!!

    • Comment by C.A.R.M.:

      For your info John, he is actually working in the corp. office for DI. What little you know, he was not fired from KBR. New job offer with more money! That was the offer he got. Wow your sources sure do suck buddy. As far as the DPM position at KAR, your not the guy, so do all of DI a favor and stop acting like a Big Shot because you not!! You can sit back in your chair now Ms.Sparky.

      • Comment by Ms Sparky:

        No….I know what’s coming down in Kandahar.Dyncorp was told to remove and replace all their top LOGCAP management. I don’t know if it was the DoD or Cerberus. So, Mount didn’t just leave willingly. I want to know John’s perspective of how he got fired/left KBR.

      • Comment by justice4all:

        Dyncorp always moves the LOSERS to the DI corporate office that way they can make sure they dont screw up things out of country.

  16. Comment by Ms Sparky:

    The rumors were true. It’s a total manager change our for Dyncorp in Afghanistan. Current Project Manager Hank Miller is resigning this week, to be replaced by current Deputy Project Manager Joe Schmitt. Brad Sprague staying on one more year as Director of Operations & Maintenance (0&M)

    • Comment by TruthseekerUSA:

      About friggin time. Adios Scott and Hank. Maybe these two selfish people have run out of rope. Time will tell. Glad to know that Brad was never on the list of those who were forced to resign. No surprise to me as Brad tells the truth, stands up for what is right (both principle & people) and actually is very good at his job.

      • Comment by IF:

        Actually, while Sprague may be “honest” to his project team (by letting them know how worthless they are to him), he is quite dishonest to the Client. If you’ve ever been privy to attending a PEB or hearing him chime in on conference calls, you probably know what I mean.

        Sprague is the worst personnel manager I’ve ever worked under. He is ethnocentric, a bully, and basically just a PR rep or lobbyist for DynCorp rather than an actual Director of O&M. All this, and they sent him to Project Management school in 2010. Instead of listening to the hundreds of complaints against him by employees, DynCorp would rather shell out thousands of dollars for his professional development in order to move him further up the food chain.

        What’s sad is that the DCMA, LSO, and ACO understand this…but they can’t tell the contractor how to perform. It’s a performance-based contract, so as long as certain metrics are completed and CDRLs filed in a timely manner, the opinion on the ground (even from the local base commanders) doesn’t offset the government’s inability to manage this program from their side. They watch day after day bring a brand new surprise from DI management (of course the problem here is that the USG signed-off on the stupid performance-based model for LOGCAP IV…their fault.)
        DynCorp believes people like Sprague can bring in results (even after a first year variance of -$600 MM). So, on one side, the government can’t decide what they want, and couldn’t do anything about it if they did. On the other side, DynCorp continues to go down the path that KBR took, and regardless of who they put in charge will continue to absorb the risk and reap the rewards of this cost-plus-award-fee contract even after POP after POP falls dead on its ass.

        Who cares though? It’s only taxpayer money, right?

        • Comment by TruthsekerUSA:

          As time has passed and after reading your remarks I tend to agree with your opinion about Brad Sprague. He is a ‘nice guy’ (or at least he was towards me) but now that I think about it Brad never actually accomplished anything of real value while I was there. I guess I wanted to hold on to the thought that they all couldn’t be Scott Mount clones but the reality is the opposite. Brad Sprague is no better than Mount, Conrad Cannon and Angie Ham. He is better at keeping his job in spite of the failures he is responsible for.
          Brad never followed through on anything he said that he would do.
          The saddest thing is that the troops still suffer because of these people. Our troops, our sons, daughters, husbands and wives.

  17. Comment by Logistician:

    Just for the record I have been in countless meetings with DI Project and Site Management in Kandahar yet I do not and never have worked for DI. Seeing how DI handled O&M and how they failed to take over the SSA on KAF was one of the biggest epic failures I’ve ever witnessed. The fraud, waste, and abuse was monumental. A good friend of mine was fired by Mount just because he didn’t bow to Mounts ego and I believe that upper management is getting cut, finally. Fluor had to stay in the South and received numerous contract extensions because of DynCorps inability to take over in the South. Which means Fluor was performing work in the North and the South even though DynCorp is the Primary Contractor in the South and Fluor in the North. On bases like Dwyer and Leatherneck the Marines wanted Fluor to stay but the USG wanted Fluor gone so the training wheels could be taken off of DI and they could finally fail blatantly enough to make a move like this management clean up. I have heard good things about DynCorp getting jobs done on other project, but in Southern Afghanistan…..EPIC FAIL

  18. Comment by Nitzer:

    First off, I am a current Dyncorp employee and no I will not be re-upping with the company for various reasons. Mostly because the company is a shell of what it once was. After the CSC takeover in 2005, CSC discarded all of the profitable portions of the company and left the company in shambles. Then take that dismantled company and give them a government contract worth billions…see the problem here? The company is still trying to rebuild their own internal infrastructure and at the same time trying to build a military support structure to fullfil their contractual obligations. It has failure written all over it. In regards to the Fluor transition, Fluor was trying hard to delay the transition. In fact since you mention both Leatherneck and Dwyer, Flour intentionally cut internet CAT5 cables that fed the facilities they were transitioning. They didn’t cut them at the ends, they cut them in the middle just to make Dyncorp suffer that much more. Don’t think Fluor is without faults. Here in this very office (old Fluor compound on KAF), they locked the gates at 1930 every night and all employees were expected back on the compound. Also, there were no locks on any doors in the compound to include the CHUs. They had no privacy, no internet in their rooms, and the internet provided in the office was strictly locked down. They had one IT guy supporting all of KAF and completely relied on a sub-contractor for anything other than PC support. Flour…in my opinion…not any better than Dyncorp.

  19. Comment by Putango Enamongo:

    ISLAMIC EMIRATE OF AFGHANISTAN

    OFFICIAL GAZETTE # 790

    22 Rajab al-Murajjab, 1420

    (01/11/1999)

    Presidential Decree of the Islamic Emirate of Afghanistan concerning enforcement of the Labor Law of the Islamic Emirate of Afghanistan

    On the basis of the Council of Ministers Resolution # (1686), dated 15/05/1420, I hereby approve the Labor Law of the Islamic Emirate of Afghanistan in (16) chapters and (147) articles. This decree shall become into effect beginning with the date at which it is passed and shall be published in the official gazette.

    Wassalam,

    The Servant of Islam,

    Amir al-Mo’minin Mullah Mohammad Omar (Mujahed)

    LABOR LAW OF THE ISLAMIC EMIRATE OF AFGHANISTAN

    CHAPTER 1

    GENERAL PROVISIONS

    Article 1:

    The Labor Law of the Islamic Emirate of Afghanistan has been adopted to fulfill the following objectives:

    1.

    To stabilize, consolidate and regulate work relations of the workers.
    2.

    To ensure the right to work taking into consideration the capacity, competence and protection of workers’ right to work.
    3.

    To improve and organize labor and production, enhance labor output, reasonable use of labor resources, improve effectiveness of production, popularize methods of motivation in proportion to remuneration and salary, and to ensure social securities for the betterment of material, social and cultural living standards of the workers.
    4.

    To consolidate labor and production discipline, nurture a mentality of conscious and sincere work and to attract the entire work force towards work and production.
    5.

    To determine the rights and responsibilities of the workers and the department chiefs in the field of work and production; to ensure safety net and practical methods (technique), work safety, sustainable improvement of the workers skills, and compliance with legal instruments in relation to labor.
    6.

    To provide favorable and sure grounds of work for the citizens of the country who are able to work in order to support growth and consolidation of the national economy.

    Article 2: Terms used in this law and the meaning they stand for are given as follows:

    1.

    Establishment: means the entire organizations, enterprises, joint Emirate institutions and private enterprises, unless otherwise stipulated by the Law.
    2.

    Supreme Council of Labor: means the highest decision-making body concerning labor-related issues of the country.
    3.

    Workers: mean the entire categories of workers, such as state employees and contractual workers covered by labor relations with the establishment.
    4.

    Remuneration: means the entire forms of remuneration and salaries and other allowances payable to the workers of the Islamic Emirate of Afghanistan for their labor and services.
    5.

    Work contract: pertains to agreement entered into by the workers falling under work categories and the establishment on the basis of which a workers is obliged to perform work according to their respective specialization, skill or function with due regard to the by-laws of the establishment. In return, the establishment shall be obligated to ensure payment of remuneration and safe working conditions in accordance with the provisions of the present Law, as well as in accordance with agreement of the parties.
    6.

    Apprenticeship Contract: means an agreement between the apprentice or his legal representative and the establishment on the basis of which the organization shall provides the apprentice with theoretical and practical training on the skill or vocation stipulated in the contract.
    7.

    Attendance Book: pertains to a document which proves the attendance of a worker during a particular time of work. The department of workers’ affairs shall be responsible to maintain and safeguard the attendance book. The attendance of the workers shall be controlled by their respective chief, and the workers shall abide by the attendance rules.
    8.

    Adolescent: means a teenager who has completed 15 years of his age and is less than 18 years old.

    Article 3:

    1.

    The present law, in general, regulates work relations of the entire categories of workers, such as permanent employees and contractual workers with the establishment.
    2.

    Characteristics of work relations of the workers stipulated under clause (1) of the present article shall be regulated with due regard to the legal form and type of the establishment (Emirate, joint, and private) through special legal instruments, which are not in contradiction with the basics of the Labor Law of the Islamic Emirate of Afghanistan.
    3.

    Where no provision existed concerning the defined work relations of the workers in the present law and in specific legal instruments, it shall be regulated in accordance with the local practice, which is not in contradiction with the Islamic justice and law.
    4.

    The General Department of Labor & Social Affairs shall be obligated to regulate the selection procedure of the workers in each category taking into account their functions and characteristics of the work.
    5.

    Fixation of grades, steps, limits and conditions of grade promotion and preferment of steps, appointment, transfer, rewards, penalties, paid or un-paid stand-by period, paid or unpaid sick leaves, temporary separation, suspension, resignation, dismissal, social securities, pension, removal of pension, extension of workers’ services, as well as of their approving officers, shall be regulated according to their status through special legal instruments.

    Article 4:

    1.

    The provisions of this law shall apply to those foreign nationals who obtain working permission in the Islamic Emirate of Afghanistan on the basis of separate contracts or without prior contracts, and who are employed by the competent authorities of the Islamic Emirate of Afghanistan, and the terms and conditions of their employments shall be regulated through a separate legal instrument.
    2.

    Foreign workers in the Islamic Emirate of Afghanistan whose wages and other expenses are provided gratuitously by their respective countries or by the international organizations shall be subject to the agreements to which the Islamic Emirate of Afghanistan is a party.
    3.

    The Council of Ministers of the Islamic Emirate of Afghanistan can set similar limits for the citizens of a state whose laws do not recognize working rights of the citizens of the Islamic Emirate of Afghanistan.

    Article 5:

    1.

    The provisions of the present law shall equally apply to the citizens of the Islamic Emirate of Afghanistan inside or outside the country.
    2.

    Afghan citizens who are working with the United Nations agencies and other foreign and international institutions resident in the Islamic Emirate of Afghanistan shall be subject the provisions of the present law unless otherwise stipulated in mutual agreements, as well as in the international commitments of the Islamic Emirate of Afghanistan.

    Article 6:

    1.

    The citizens of the Islamic Emirate of Afghanistan are entitled to receive wages for their work.
    2.

    The right to work shall be protected by the law. The General Department of Labor & Social Affairs shall protect the rights to work.
    3.

    The method of statistics, organizational deficit, additional requirement for human resources, planning, collective and individual distribution of graduates of formal and informal academic institutions inside or outside the country, as well as other labor categories shall be regulated through a separate legal instrument.

    Article 7:

    The workers shall be entitled to wages on the basis of the quality and quantity of their work with due regard to their defined grades, positions and steps.

    Article 8:

    1.

    Equal right to work shall be ensured for the citizens of the Islamic Emirate of Afghanistan in accordance with the Islamic principles and the provisions of the labor law.
    2.

    Under the employment conditions the right of priority shall be granted in accordance with clause (1) of the present article to the citizens with capability, competence, higher and vocational education and specialization.
    3.

    Workers shall be paid equal wages for the similar labor.

    Article 9:

    Selection of vocation and the type of occupation shall be free. Workers of the Islamic Emirate of Afghanistan shall be assigned the work in view of requirements of the society and according to their field of education, working capability and occupational preparedness.

    Article 10:

    Forced labor shall not be allowed. The labor shall be deemed forced when an individual is forced to work through intimidation or through other means contrary to his volition. And the labor which a person is obliged to perform legally shall not be deemed forced labor.

    Article 11:

    In accordance with legal instruments the workers shall be entitled to the following rights:

    1.

    The right to rest and leave.
    2.

    The right to health and safety.
    3.

    The right to free vocational training.
    4.

    The right to skill-based promotion.
    5.

    The right to participate in the leadership, supervision and production affairs.
    6.

    The right to social securities.

    Article 12:

    The Islamic Emirate of Afghanistan shall abide by the international conventions which have been ratified by Afghanistan in accordance with Islamic principles and potentiality of the country.

    CHAPTER 2

    EMPLOYMENT AND LABOR CONTRACT

    Article 13:

    The employment conditions in an establishment shall be as follows:

    1.

    Qualification, competence and citizenship of the Islamic Emirate of Afghanistan.
    2.

    Completion of 18 years of age for employees and contractual workers in the field of light industries.
    3.

    Completion of 15 years of age for the employees and contractual workers in the field of light industries.
    4.

    Completion of 14 years of age for apprentices.
    5.

    Completion of health certificate through health centers.
    6.

    Obtaining of introductory letter from the Department of Labor & Social Affairs which shall have the status of work permit.
    7.

    Completion of national army service or submission of exemption or respite certificate in case of becoming of age to be drafted and summoned for national army service.
    8.

    Submission of financial guarantee by those workers who are employed as custodians of cash or kind.
    9.

    Calculation and determination of the employment age shall take place regardless of months and days according to the year of birth as recorded in the identity card at the time of employment and shall be recorded in the personal file of the worker. Changes brought in the age as recorded in the personal file of the workers after employment shall not be valid.

    Article 14:

    Foreign citizens who are employed on the basis of international contracts and agreements shall not be subject to the provisions of article (13) of the present law.

    Article 15:

    Under special circumstances an adolescent who has completed 14 years of age can be employed as a contractual worker, and an adolescent who has completed 13 years of can be employed as apprentice with the agreement of his legal representative. An adolescent who is employed as a contractual worker in accordance with the provision of this article shall not be assigned a permanent job. The establishment shall be obligated to train him on a specific vocation.

    Article 16:

    1.

    Workers rather than employees shall be employed on the basis of a labor contract.
    2.

    The contract of labor and apprenticeship shall be concluded in writing according to the contract form prepared by the General Department of Labor & Social Affairs.
    3.

    The contract of labor and apprenticeship shall be prepared in two copies and shall be valid when signed by the parties.
    4.

    The daily wage contract shall not require a written contract.

    Article 17:

    1.

    An establishment shall not unjustifiably avoid employing a worker.
    2.

    Avoiding employing a worker unjustifiably shall be prohibited.

    Article 18:

    1.

    The contract shall be concluded in the following forms:

    1.

    For a period of time not less than one year.
    2.

    For an uncertain period of time.
    3.

    For a definite or seasonal work.

    2.

    Working conditions of daily-wage workers and of workers who work for less than a day shall be regulated by a separate regulation.

    Article 19:

    1.

    At the time of concluding the work contract, probationary period for the contractual workers shall be a precondition, which shall not exceed a period of two weeks.
    2.

    The period of absence resulting from temporary incapability to work, temporary suspension of work, production, or from other justifiable factors shall not be calculated in the probationary period.
    3.

    Rights and functions of the parties during the probationary period shall be subject to the provisions of the legal instruments of the Islamic Emirate of Afghanistan.

    Article 20:

    The probationary period shall not be defined in respect of the following persons:

    1.

    Apprentices and those who have not completed 15 years of age.
    2.

    Graduates of higher, secondary, professional, technical and vocational educational institutions.
    3.

    Workers who are transferred to other organizations.
    4.

    Temporarily or permanently handicapped persons.

    Article 21:

    Where the work contract is not abolished until the end of the probationary period, the contract shall continue in accordance with the terms and conditions stipulated therein.

    Article 22:

    The work contracts can be extended or renewed, as the case may be, with the agreement of the parties. Where the contract period is expired, but work relations persist for one month like before, and where no party has asked for the annulment thereof within the above period, the contract shall be deemed extended for the previous period. The work contract for an uncertain period of time shall be an exception to this provision.

    Article 23:

    An establishment, without the consent of the contracting party, and with the exception of instances stipulated in the present law, cannot ask him to perform the work stipulated in the contract.

    Article 24:

    In case of temporary suspension of work, or stoppage of work resulting from force majeure, the establishment can temporarily assign the worker to other work within the same or another establishment in view of his field of specialization.

    Article 25:

    (1) Basic grounds for the annulment of the contract include:

    1.

    Agreement of the parties.
    2.

    Expiry of the contract with the exception of instances prescribed under article (22) of the present law.
    3.

    When summoned and drafted for national army service.
    4.

    Decision by one of the parties within the bounds of the present law.
    5.

    Transfer to another establishment.
    6.

    Penal conviction hampering continuation of work.
    7.

    Retirement.
    8.

    Demise.
    9.

    Dissolution of the establishment.

    (2) An apprenticeship contract can be annulled in the following instances:

    1.

    In instances stipulated under paragraph (1) of the present article with the exception of subparagraphs (3 and 7) thereof.
    2.

    When decided by the establishment.

    3.

    Refusal by the contractual worker to re-perform the work formerly assigned to him.

    Article 26:

    (1) An establishment can annual the labor contract in the following instances:

    1.

    Dissolution of the establishment, reduction in the numbers of workers, or a prolonged suspension of work.
    2.

    Explicit and repeated violation of work and production discipline.
    3.

    Avoiding of work performance by the contractual worker previously assigned to him.

    4.

    Annulment of the labor contract in accordance with subparagraphs (1-3) of paragraph (1) of the present article shall be permissible when assignment of a similar work to the concerned worker in the same establishment is not possible.

    Article 27:

    Where the work contract is annulled for reasons given under subparagraphs (1, 2 and 3) of paragraph (1) of article (26), the establishment shall be obligated to communicate the issue in writing to the concerned worker within one month.

    Article 28:

    (1) The worker can annul the labor contract with undefined period of time by a one month written notification in advance.

    (2) The worker can annul the labor contract without prior notification in the following circumstances:

    1- In the event of violation of the labor contract, as well as of the provisions of the present law on the part of the establishment.

    2- In case of prolonged sickness, infirmity or other justifiable excuses.

    Article 29:

    (1) The establishment, in cooperation with the General Department of Labor & Social Affairs, shall be obligated to adopt measures to find employment for those workers who are dismissed from work for reasons given under subparagraphs (1, 2 and 3) of article (26) of the present law.

    (2) The establishment shall require the workers referred to in paragraph (1) of the present article to perform their work in accordance with their vocation and craft and shall provide them with food or with the cash equivalent thereof.

    Article 30:

    Annulment of the labor contract under circumstances stipulated in this law cannot be an obstruction for the payment of retirement benefits and other work allowances of the workers as recorded in the legal documents.

    Article 31:

    The labor contract cannot be annulled during official vacations or during assignment of other service unless the establishment is dissolved in its entirety.

    Article 32:

    (1) The General Department of Labor & Social Affairs shall employ workers with partial infirmity.

    (2) The establishment shall be obligated to employ partly incapacitated workers who are introduced in accordance with paragraph (1) of the present article, taking into consideration their working potential, vocational expertise and skill.

    (3) The establishment can conclude contract for daily work, less-than-a-week work, or on the basis of work output, or for the work performed outside the establishment with retired, partially incapacitated and other persons.

    (4) Conditions for concluding the labor contract, conditions of work and payment of wages in cases stipulated under paragraph (3) of the present article shall be regulated through a separate regulation.

    Article 33:

    When requested by the worker, the establishment shall be obligated to certify the place of work, expertise, function, type of work, duration of work as well as the defined wages of the worker.

    CHAPTER 3

    VOCATIONAL TRAINING, SKILL AND APPRENTICESHIP DEVELOPMENT

    Article 34:

    The establishment shall adopt necessary measures in order to provide on-the-job vocational training to unskilled and semi-skilled contractual workers, as well as to train them on a new vocation and to improve their skills.

    Article 35:

    (1) The apprenticeship duration shall not exceed one year.

    (2) Duration of apprenticeship, as well as theoretical and practical training hours for an apprentice inside or outside of the working place shall be determined by the relevant institutions taking into account the type of craft and vocation.

    (3) Where an apprentice has not attained the age qualifying him for employment, he shall be paid for apprenticeship until he becomes of legal age.

    Article 36:

    (1) The establishment shall arrange and carry out on-the-job training programs individually, collectively or in all other forms, in respect of workers and adolescents in particular, for the improvement of their vocational standards and acquisition of vocational skills.

    (2) Theoretical and practical training program shall be carried out during official working hours with payment of wages for the same working hours.

    (3) Model programs, training conditions, and conditions necessary for the improvement of standards of expertise and skills of cadres shall be regulated by the relevant sources.

    Article 37:

    The establishment shall introduce an outstanding worker to higher, vocational and technical educational institutions on the basis of relevant legal documents.

    Article 38:

    The establishment shall be obligated to provide necessary conditions for the workers who are pursuing their studies in educational institutions concurrently with their work to carry out their work concurrently with education, and shall grant them the right to enjoy their leave and fringe benefits as stipulated in this law during their work in practical assessment and analysis institutions, or during the course of their final or proficiency exams.

    Article 39:

    (1) Overall duration of the training period of workers in higher, technical and vocational educational institutions, seminaries, secondary vocational and technical schools, and in all other educational institutions shall be calculated in their period of work provided they successfully complete these courses.

    (2) Rights and functions of skilled contractual workers graduating from intermediate vocational and technical schools shall be regulated by a regulation.

    Article 40:

    (1) The establishment shall, on the basis of agreement of the parties, provide the ground for the teachers of vocational and technical schools, intermediate vocational and technical institutions, as well as for the students of higher educational institutions to complete their practical courses and improve their vocational skills.

    (2) Completion of practical training courses by the teachers of higher and intermediate technical and vocational institutions shall be regulated by the relevant regulation.

    (3) State (Emirate) ministries and institutions, as well as higher and intermediate technical and vocational educational institutions shall be obligated to arrange and regulate separate procedures taking into account their work characteristics on the basis of the provisions of the regulation stipulated under paragraph (2) of the present article.

    CHAPTER 4

    HOURS OF WORK

    Article 41:

    (1) The average hours of ordinary work during a year shall not exceed 40 hours a week.

    (2) Hours of work on Thursdays shall not exceed 5 hours.

    (3) Annual balance of hours of work calculation, total estimation of the used hours of work, regulating start and end of hours of work, defining timetable and shifts, as well as other issues related to the nature of work shall be arranged and fixed as recommended by the General Department of Labor & Social Affairs and approved by the Council of Ministers of the Islamic Emirate of Afghanistan.

    Article 42:

    (1) The hours of work during the week for the workers shall be limited as follows:

    1- For the adolescents who have completed 15 years of age and are still under 18, the hours of work shall be 35 in the week.

    2- For the workers who perform underground and hazardous work, the hours of work shall be 35 in the week.

    3- For the adolescents who have not completed 15 years of age, the hours of work shall be 30 in the week.

    (2) The hours of work for health workers and the like requiring reduction in the hours of work shall be regulated by legal instruments.

    (3) Works which are injurious to health and which require reduction in the hours of work shall be regulated by the Ministry of Public Health and the General Department of Labor & Social Affairs.

    Article 43:

    (1) The hours of work during a night shift shall be one hour less. For this purpose, the night shift shall be 11 consecutive hours, i.e., from 8:00 P.M. to 7:00 A.M., which shall be regulated by internal labor disciplinary rules of the establishment.

    (2) The provisions of paragraph (1) of the present article shall apply under the following circumstances:

    1.

    Where reduction in the hours of work has been foreseen for the workers in accordance with the provision of paragraph (1) of article (42) of the present law.
    2.

    Where in view of conditions of work and production (uninterrupted production, and the works performed in shifts in accordance with the time-table) reduction in the hours of work shall be impossible.

    Article 44:

    (1) The beginning and the end of shift work shall be defined shift-wise through by-laws of the establishment.

    (2) In case of multiple shifts, the workers shall be changed shift-wise during each week in accordance with the time-table.

    (3) To assign a worker to work in two continuous shifts shall not be authorized.

    Article 45:

    (1) The hours wasted resulting from suspension of work due to factors stipulated under article (47) of this law during one month at maximum regardless of the period of suspension of work can be made for.

    (2) The hours of work under circumstances stipulated under paragraph (1) of this article shall not exceed 10 hours a day and 50 hours a week, including normal hours of work.

    Article 46:

    (1) The work performed beyond normal hours of work shall be calculated overtime, and shall be authorized, when required, with the agreement of the relevant establishment under the following circumstances:

    1.

    Works which cannot be postponed and which are necessary for the defense of the country.
    2.

    Works which are performed in order to prevent untoward natural, production and social disasters, and to remove the consequences thereof.
    3.

    Works performed in connection with repair and rehabilitation of the plants the non-functioning of which causes suspension of work of a considerable number of workers.
    4.

    Works performed in order to prevent force majeure occurrences resulting in disruption of social services, such as provision of hot water, electrification, sewage canalization, transportation, telecommunications and the like.
    5.

    Performing works which have started earlier and the discontinuation of which results in material loss.
    6.

    Works which cannot be postponed in the absence of the worker of the subsequent shift. Under such circumstance the establishment shall be obligated to adopt prompt measures for replacement of the absent worker.
    7.

    Works performed to off-set the suspended works as stipulated under article (74) of the present law.
    8.

    Other works required by the establishment and approved by the Minister or by the Council of Ministers.
    9.

    Conditions of overtime and the nature and limit of overtime hours shall be defined by a regulation taking into account characteristics of the work.

    Payment for the overtime shall be approved by grade I officers in the center and provinces.

    Article 47:

    (1) In view of seasons of the year and the holy month of Ramadan, the hours of daily or weekly work of the Management shall be reduced provided that the hours of work during a year do not exceed the number of hours prescribed in articles (41 & 42) of the present law.

    (2) Where the operations of an establishment require uninterrupted work, and where the production conditions render impossible the compliance with the defined hours of work in the week, the total calculation of hours of work (monthly, quarterly and biannual) shall be done by the relevant management provided that the hours of work during the defined period of time do not exceed ordinary number of the fixed hours of work.

    CHAPTER 5

    RIGHT TO REST AND VACATION

    Article 48:

    The workers shall be entitled to paid or unpaid break and leave as follows:

    1- Break for prayers and meals.

    2- Public holidays at the end of the week.

    3- Eid and other public holidays.

    4- Annual leave for recreation.

    5- Sick leave

    6- Emergency leave

    7- Leave for marriage

    8- Leave for performing the Hajj pilgrimage.

    9- Leave without pay.

    Article 49:

    The break for prayers and meals not exceeding one hour shall not be included in the hours of work.

    Article 50:

    (1) Public paid holidays comprise:

    1- Public Eid holidays

    2- 19 August, Independence Day

    3- 22 April, the Prophet’s Birthday

    4- 10th of Muharram (February 8), Ashura

    5- Other religious holidays announced by the Supreme Court of the Islamic Emirate of Afghanistan.

    Article 51:

    Stoppage of work shall take place during public holidays. The following cases shall be an exception to this rule:

    1-Work in a non-stop establishment

    2- Works related to public services

    3- Urgent repair works, loading and unloading merchandize, works to avoid untoward occurrences, and works to remove the aftermaths of natural disasters

    Article 52:

    Leave days in non-stop establishment shall be regulated on the basis of work time-table of each batch approved by the head of the establishment.

    Article 53:

    The Head of an establishment where the work cannot be stopped on account of ensuring public requirements, may grant leave to a worker on any day of the week with due regard to the shift.

    Article 54:

    (1) A worker shall be entitled to (20) days annual leave with pay.

    (2) Teachers shall use public holidays of educational institutions.

    (3) A worker under (18) years of age shall be entitled to (30) days annual leave with pay.

    (4) Annual leave with pay of a worker can be in excess of (20) days on account of heavy or hazardous underground work provided the total annual leave does not exceed 30 days.

    (5) During the work period a worker shall be entitled to (10) days leave with pay for marriage.

    (6) The conditions for annual leave in excess of (20) days shall be regulated by legal instruments.

    Article 55:

    (1) The worker shall use the annual leave on the basis of alternation defined by the management.

    (2) In case a worker may not be able to use his annual leave on account of the requirement of the management, his annual leave shall be carried over to the proceeding year with the agreement of the parties.

    Article 56:

    A newly employed worker shall be entitled to his first annual leave for his first year of employment when he has worked for (11) consecutive months with the relevant establishment. Under exceptional circumstances workers under 18 years of age and other workers can be granted annual leave in proportion of the period of work prior to expiration of 11 months in accordance with the relevant legal instruments.

    Article 57:

    Concurrent to the request by the worker, wages for the annual leave shall be paid in advance.

    Article 58:

    (1) The worker shall be annually entitled to 10 days urgent leave with pay.

    (2) Urgent leave not exceeding 3 days shall be granted upon notification and more than that shall be granted upon a written request by the worker.

    Article 59:

    (1) The worker shall be annually entitled to (20) days sick leave with pay.

    (2) 3 days of sick leave shall be granted to a worker on the basis of his written notification.

    (3) Where the sick leave of the worker exceeded 3 consecutive days, he shall be required to submit certification of sickness. The sickness shall be certified by the doctor of the health institution, and in a place where there is no health center or doctor, the sickness certified by the residents and the Imam of the mosque shall only be valid for a period of one month.

    Article 60:

    (1) Where sickness of the worker exceeded the period provided for in article (59) of the present law, he can be granted additional leave with pay upon certification by competent departments of the Ministry of Public Health.

    (2) The conditions and method of granting additional sick leave laid down in Paragraph (1) of this article shall be regulated by the Ministry of Public Health with the agreement of the General Department of Labor & Social Affairs in accordance with the regulations.

    Article 61:

    (1) During the entire period of work, the worker shall only be entitled to (45) days of paid leave for embarking upon Hajj Pilgrimage.

    (2) Leave in excess of (45) days of paid leave shall be calculated against the annual and urgent leave of the worker.

    (3) Certification by the Chief of Passport Department shall be a prerequisite to use Hajj leave.

    Article 62:

    Annual sick and urgent leave of the newly employed worker shall be granted and calculated as follows:

    1- Where the worker is employed during the first half of the calendar year he shall be entitled to 50 per cent of the leave prescribed in the present article.

    2- Where the worker is employed during the second half of the calendar year he shall be entitled to 50 per cent of leave prescribed in the present article.

    3- Where the working period of a worker is less than one year, and the duration of his sickness is in excess of the period prescribed in article (59) of the present law, his additional sickness shall, on the basis of certification by health institutions, be calculated in favour of his promotion step and retirement, but shall not be entitled to salary and other rights.

    Article 63:

    Where a worker, on account of justifiable reasons, needed unpaid leave, he can be granted such unpaid leave not exceeding one to six months with the agreement of the management chief and approval of the leave granting officer.

    During such period the post of the worker shall be reserved, and in case the worker did not report on duty at the end of such unpaid leave, he shall not be subject to consequences culminating in resignation, and the management may employ another worker in his stead.

    Article 64:

    (1) Leave with pay shall be calculated in the working period of the worker.

    (2) Leave without pay of the worker shall be calculated in his working period.

    CHAPTER 6

    WAGES

    Article 65:

    (1) Wages shall be paid to the worker according to the quantity and quality of the work with due regard to grade, position or vocation during the apprenticeship period, as well as to other stipulations in accordance with the provisions of the legal instruments.

    (2) No discrimination shall be authorized in matters relating to payment of the wages.

    (3) Types and forms of payment of salary and wages to the worker shall be regulated by the General Department of Labor & Social Affairs through a separate legal instrument with due regard to the nature of the work.

    (4) Monitory allowance in respect of academic degree and other allowances of scientific, research and professional cadres shall constitute part of their salary.

    Article 66:

    (1) The worker shall, during his daily work, as well as during paid holidays, be entitled to cooked meal or to cash equivalent thereof at the market rate throughout the year.

    Article 67:

    (1) Monthly wages which may ensure livelihood of a 5-member family in various parts of the country shall be deemed as minimum wages.

    (2) Minimum rate of wages shall be fixed based on the view of the Supreme Council of Labor, recommendation of the General Department of Labor & Social Affairs, confirmation by the Council of Minister and approval by the Head of the Islamic Emirate of Afghanistan.

    (3) In view of economic conditions and living standards minimum salary and wages shall be annually fixed according the daily market rate. Until new minimum rates of wages are fixed, the previously fixed rate of wages shall be valid.

    Article 68:

    (1) The amount and terms of payment of wages of different categories of workers shall be determined with due regard to the provisions provided for in article (65) of this law as follows:

    1- For workers of the Emirate establishment and those joint establishments in which the capital share of the Emirate is more than (50) percent shall be determined by the Supreme Council of Labor in accordance with the fixed index.

    2- For workers of private enterprises and those joint establishments in which the capital share of the Emirate is less than (50) percent shall be determined by the concerned institutions with the agreement of the Supreme Council of Labor.

    (2) The amount of wages of workers mentioned under subparagraph (2) of paragraph (1) of this article, inter alia, by classes of wage earners shall not be less than the minimum rates of wages fixed by the Emirate for the Emirate workers.

    Article 69:

    (1) A newly employed worker shall be entitled to wages beginning with the date on which his employment is approved.

    (2) Workers shall be paid their wages according to their monthly and weekly time of work (time rates of wages), or according to the work performed, or on the basis of manufactured products (labor rates of wages).

    (3) As circumstances may require, the Management, in order to provide material incentives to the workers, to enhance productivity, as well as to improve quality of products shall, in accordance with relevant regulations and with the agreement of the Supreme Council of Labor, regulate payment of wages, develop payment methodologies of wages and shall provide ‘time rates of wages’ and ‘labor rates of wages’ incentives to workers in accordance with model rules adopted by the General Department of Labor & Social Affairs with the agreement of the Ministry of Finance.

    Article 70:

    (1) Additions to wages shall be added to the principal wages under following circumstances:

    1- Work in places with unfavorable natural, climatic and difficult socio-economic conditions.

    2- Work in underground sites with heavy and injurious to health conditions.

    3- Other circumstances as are anticipated by legal instruments.

    (2) Conditions and limits of additions to wages provided for in paragraph (1) of the present article, as well as nature of inclusion of additions in overtime wages shall be regulated through specific legal instruments.

    Article 71:

    (1) Remuneration for one hour overtime according to position shall be calculated on the basis of monthly remuneration for ordinary hours of work and shall be paid 25 percent in excess of wages for ordinary hours of work.

    (2) A worker who works on several machines or perform several jobs in the same establishment shall be entitled to more wages in accordance with relevant legal instruments.

    Article 72:

    Wages for work on public holidays shall be two times of the wages for ordinary hours of work in compliance with conditions laid down in article (71) of this law.

    Article 73:

    Wages for night work shall be more than the ordinary wages. The amount of wages and conditions for night work shall be regulated through a special legal instrument.

    Article 74:

    Where a break occurs in production resulting from untoward occurrence or force majeure, technical problems or unfavorable climatic conditions, the workers shall be remunerated as follows:

    1- In case of work stoppage for a period of two months, full wages.

    2- In case of work stoppage for a period from two to four months, 50 per cent of full wages.

    3- After expiration of four months, the workers shall be subject the provisions laid down in articles (27 and 30) of this law. Seasonal and daily-wage workers shall be an exception to this rule.

    Article 75:

    Wages shall be paid at the workplace within the specified time in the same month to the worker or to the person introduced by the worker in writing.

    Article 76:

    Deductions from wages shall not be authorized unless otherwise provided for in the law.

    Article 77:

    Deductions from the monthly remunerations of the workers shall not be made in excess of 20 percent unless otherwise provided for in the law.

    Article 78:

    The worker shall be entitled to travel allowance during his service-related travels, transfer, summon or assignment to another place in accordance with the standards regulated by legal instrument.

    CHAPTER 7

    STANDARDS AND RULES RELATING TO WORK STANDARDS

    Article 79:

    (1) The head of the establishment shall define and generalize standards and rules pertaining to work standards for the entire categories of workers in the field of national economy in accordance with basic standardization guidelines defined by the General Department of Labor & Social Affairs in cooperation with the Supreme Council of Labor and shall periodically evaluate and modify these standards consistent with the development of scientific and technological achievements, technical know-how, work-related principles, skill improvement and work experience.

    (2) Calculation of work remuneration and cost or appropriate planning of production tasks and increase in work output shall be carried out on the basis of standards and rules relating to the standards set forth in paragraph (1) of this article.

    (3) Singular or model work standards can be defined in connection with similar and identical works in various fields of national economy.

    Article 80:

    (1) Revision and evaluation of standards and rules in relation to the existing standards, and application of new standards shall be carried out by the head of the establishment in accordance with the standards and rules pertaining to model standards, which are approved with the agreement of the General Department of Labor & Social Affairs.

    (2) The establishment shall be obligated to inform workers one month in advance at minimum of the application of new work standards.

    Article 81:

    In case of dispute between the establishment and the worker in defining the work standards and rules, the issue shall be settled by the following sources:

    1- In Emirate and joint establishments with more than (50) percent Emirate share, by senior officials with the involvement of the General Department of Labor & Social Affairs.

    2- In private and joint establishments with less than (50) percent Emirate share, by the Supreme Council of Work and the Economic Advisory Council.

    CHAPTER 8

    WORK DISCIPLINE

    Article 82:

    The workers shall be required to observe the following issues:

    1- By-laws of the establishment;

    2- Honest and fruitful work;

    3- Work discipline;

    4- Quality improvement of production;

    5- Production discipline;

    6- Work safety net;

    7- Practical safety methods;

    8- Working environment hygiene

    9- Protection and consolidation of property and assets of the establishment and their rational and economical use.

    10- Improvement of vocational skills and application of standards defined by the Emirate authorities.

    11- Protection of vocational secrets concerning production and establishment, and avoiding of their use for personal purposes.

    12- Appropriate behavior with due observance of Islamic ethics.

    13- Avoiding of creating disturbance to the workers in the field of labor and production.

    Article 83:

    Work discipline shall be ensured in the establishment through the following methods:

    1- Creation of conscious work relations and behavior among the workers;

    2- Methods of understanding and satisfaction.

    3- Encouragement of the workers towards sincere work.

    4- Application of punitive measures, if necessary.

    Article 84:

    The head of the establishment shall have the following obligations in relation to work improvement:

    1- Organize the work in a sound manner.

    2- Create conditions conducive to improvement of output level.

    3- Ensure compliance with labor and production discipline.

    4- Strict observance of the Islamic provisions and that of the present law.

    5- Define methods of work protection and safety.

    6- Address demands and requirements of the workers appropriately.

    Article 85:

    (1) The manner of organizing work of the establishment shall be defined through internal labor by-laws prepared by the establishment with the agreement of the Supreme Council of Labor.

    (2) Internal labor by-laws of the establishment shall be arranged on the basis of field regulations of the relevant ministries and organizations in accordance with model rules approved by the General Department of Labor & Social Services and the Supreme Council of Labor.

    (3) The head of the establishment shall acquaint the workers with the labor by-laws and the workers shall be obligated to abide thereby.

    Article 86:

    (1) For good work performance, increase in the output, improvement in the quality of products, economical use of materials, initiative and renovation in work competitions, a worker shall be motivated as follows:

    1- Letter of commendation

    2- Letter of appreciation

    3- Material reward

    (2) Other types of motivation shall be foreseen in the by-laws of the establishment.

    Article 87:

    The manner of motivation and admonition of the workers shall be regulated by legal instruments.

    Article 88:

    The worker shall be admonished for violation of work discipline as follows:

    1- Advice or counsel

    2- Notice

    3- Salary deduction

    4- Annulment of the contract

    Article 89:

    (1) Where the worker did not report on work without a justifiable excuse or did not inform the establishment in writing within three days, he shall be deemed absent.

    (2) Where the worker referred to in paragraph (1) of this article communicated his excuse to the establishment within (20) days, and the establishment is satisfied that lack of notification on the part of the worker is based on justifiable reasons, his absence shall be calculated as a legal leave.

    (3) Where the worker is absent for 10 successive days without a justifiable excuse, his absence shall be recorded in his personal file and shall not be included in his period of work.

    (4) Where the worker abandoned his work after reporting on duty without written notification, his one day remuneration shall be deducted for each day of absence from work.

    (5) Absence at the end of legal leave of the worker shall also be subject to the provision of paragraph (1) of this article.

    (6) Where in exceptional circumstances the worker may not be in a position to notify the establishment in accordance with the provision of paragraph (2) of this article, his notification certified by the local state institutions and by the governor of the relevant province, and if outside the country, by the diplomatic representation of the Islamic Emirate of Afghanistan and the Ministry of Foreign Affairs shall be deemed valid, and shall be calculated against his legal leave.

    (7) Annulment of contract of the worker by way of admonition shall only be authorized in the following cases:

    1- Continued absence for (20) days without justifiable reasons.

    2- Repeated violation on the part of the worker after being given three successive warnings during a period of six months.

    Article 90:

    The establishment, while taking disciplinary action, shall take into account the intensity of violation, circumstances of violation, particulars of the violation, as well as the work and behavior background of the worker.

    Article 91:

    (1) Disciplinary action shall be taken against the worker after being accused and after disclosure of violation and perpetration thereof.

    (2) Prior to carrying out punitive measures the violator shall be asked to provide explanations. If the explanations by the worker were found to be justified and convincing by the establishment, the punitive measure against him shall be avoided.

    (3) In case of violation of work discipline, a single disciplinary action can be taken, which shall be issued in writing and after being recorded shall officially be communicated to the violator, and in case of repeated violation on the part of the worker the establishment shall take necessary decision.

    Article 92:

    Where the worker deemed the punitive measures unjustified, or where the establishment did not give effect to explanations provided by him, the worker may lodge a complaint with the labor dispute settlement committee.

    Article 93:

    (1) Where the worker is accused in connection with his work or on account of crime against public security and interests, his salary and allowances shall be withheld during the course of his being under custody, detention, investigation and trial.

    (2) Where at the end of custody and investigation the prosecutor issued non-prosecution writ in respect of the accused, or deemed him to deserve the punitive retribution, or the accused is absolved at the end of hearing by the court, his salary and other allowances during the period of his detention and trial shall be paid.

    (3) Written motivation and retribution provided for in this law, with the exception of advice and counsel, shall be recorded in the personal file of the worker.

    CHAPTER 9

    OBLIGATIONS OF THE WORKER VIS-À-VIS ASSETS OF THE ESTABLISHMENT

    Article 94:

    (1) The worker shall be obligated to deal with the assets of the establishment with a sense of responsibility and shall take utmost care to prevent damage thereto.

    (2) The head of the establishment shall be obligated to ensure normal working conditions for the workers and shall ensure protection of assets under their charge.

    Article 95:

    The worker shall only be liable for the damage to the establishment provided it has resulted from his fault.

    Article 96:

    The worker shall be liable, partially or totally, as the case may be, for the damage to the establishment caused by him.

    Article 97:

    The worker shall not be liable for the damage incidental to normal flow of work.

    Article 98:

    Where damage to the establishment is caused due to fault on the part of more than one worker, the amount of compensation shall be fixed individually and in proportion to the type and bounds of their respective obligations.

    Article 99:

    Types and limits of the worker’s obligations, damage sustained by the establishment, and the manner of fixing compensation thereof shall be regulated by the relevant legal instruments.

    CHAPTER 10

    ENSURING HEALTH AND SAFETY CONDITIONS

    Article 100:

    The establishment shall be obligated to ensure health and safety conditions of labor, application of safety methods for the prevention of occupational accidents, as well as to ensure hygiene for the prevention of occupational diseases.

    Article 101:

    (1) When drawing building maps, setting up production plants, installing technical equipment and processes, technical standards and hygiene providing safety net to the workers against detrimental working conditions shall be complied with.

    (2) Production plants, other buildings on the worksite, as well as residential quarters of workers shall be constructed in accordance with the appropriate standards of hygiene.

    Article 102:

    (1) The rule concerning major standards of protection at work and practical safety methods shall be drafted by the General Department of Labor & Social Affairs.

    (2) The rules pertaining to protection at work and practical safety methods in the fields of national economy laid down by the establishment on the basis of the provision provided for in paragraph (1) of this article shall be approved after the agreement of the Supreme Council of Labor.

    (3) Health standards and rules of production hygiene in the various fields of national economy shall be drafted and regulated by the Ministry of Public Health with the agreement of the General Department of Labor & Social Affairs.

    Article 103:

    The establishment shall be obligated to teach the rules of practical safety methods, production environment hygiene, firefighting and other rules of protection at work to workers on regular basis.

    Article 104:

    The workers shall be obligated to observe the rules pertaining to standards of protection at work, practical safety methods, rules pertaining to use of apparatuses and the provisions on protection at work, and shall use personal protective equipment.

    Article 105:

    (1) In works with risk of injury to health, special temperature and humidity, or under conditions of contamination the workers shall be provided free of charge with protective clothing, shoes, masks, and other protective, alimentary, preventive and curative appliances.

    (2) Ensuring maintenance and cleaning, disinfection and drying, repair and maintenance of protective clothing and other protective equipment shall be the responsibility of the establishment.

    Article 106:

    (1) In order to ascertain fitness for work and to prevent occupational diseases, workers engaged on heavy work entailing health risks, as well as on other works relating to driving transportation means shall periodically undergo a medical examination.

    (2) In order to ensure health and physical wellbeing of the people in general, workers employed in foodstuff industries, public places, restaurants, marketplace, water supply establishments, preventive and curative institutions, children’s institutions and other relevant public health institutions shall be required to undergo medical examination provided for in paragraph (1) of this article.

    (3) The conditions and method of workers medical examination shall be regulated by a separate legislative act through the Ministry of Public Health with the cooperation of the General Department of Labor & Social Services.

    Article 107:

    In case of occurrence of untoward accidents and unpredictable sickness on worksite, the establishment shall be obligated to ensure first-aid medical facilities to the worker, and if necessary, shall refer him to medical centers for treatment.

    Article 108:

    The establishment, in order to ensure medical examinations and first-aid medical facilities to the workers and their respective family members shall, taking into consideration the number of workers, create first-aid medical room, mobile drug store, health unit or health center.

    Article 109:

    (1) Where the health conditions of the worker required that he should be assigned light work, the establishment shall assign him light work temporarily or permanently after submission of medical certificates by the worker.

    (2) Remuneration of the worker referred to in paragraph (1) of this article shall be paid on the basis of his grade and position.

    Article 110:

    The establishment shall be obligated to ensure working conditions for the handicaps in accordance with medical certificates.

    Article 111:

    (1) The establishment shall be obligated to thoroughly investigate and evaluate untoward accidents taking place in the course of work and production, and shall keep and analyze comprehensive statistics of such accidents

    (2) The head of the establishment, upon the request of the worker, shall provide the injured worker with the certified copy of the prima facie evidence of the accident within three days after the completion of investigation and assessment.

    Article 112:

    In case the establishment refused to prepare prima facie report, or in case the injured worker did not agree to the prima facie report concerning the untoward accident, the worker may lodge complaint with the Administrative Council of the General Department of Labor & Social Affairs. Whereupon the above mentioned Council shall take decision concerning preparation of the prima facie report.

    Article 113:

    (1) The establishment shall be obligated to compensate for infirmity or injury resulting from work.

    (2) The establishment shall be obligated to pay one percent of the monthly remuneration of the worker from the amount allocated for compensation of losses in connection with work or injury resulting from work, which shall be transferred from the budget of the establishment into the relevant account of the General Department of Labor & Social Affairs.

    (3) A list of occupational diseases shall be prepared and defined by the Ministry of Public Health in collaboration with the General Department of Labor & Social Affairs and in cooperation of the relevant departments.

    (4) The method of defining the amount, arranging for compensation of loss, infirmity and injury in relation to work shall be regulated by legislative act.

    CHAPTER 11

    WORK-RELATED DISPUTES

    Article 114:

    Where disputes in relation to work, which are not settled by the relevant establishment shall be settled by the following sources:

    1- By the labor disputes settlement commission;

    2- By the Administrative Council of the General Department of Labor & Social Affairs;

    3- By a competent court.

    Article 115:

    Composition of the dispute settlement commission, the method and duration of addressing the disputes through the aforementioned commission shall be regulated in accordance with this law and the relevant provision.

    Article 116:

    The work-related disputes settlement commission, with the exception of disputes which according to the law are to be adjudicated by the law court, shall be the competent source for the preliminary investigation of disputes arising from the work.

    Article 117:

    The decision of the dispute settlement commission shall be taken with the agreement of the parties and shall be binding.

    Article 118:

    The Administrative Council of the General Department of Labor & Social Affairs shall investigate work-related disputes under the following circumstances:

    1- Where settlement of dispute does not satisfy the parties, the issue shall be referred to the Administrative Council of the General Department of Labor & Social Affairs for settlement.

    2- Where one of the parties has lodged a written complaint concerning unsoundness of the decision.

    Article 119:

    In case the decision of the Administrative Council of the General Department of Labor & Social Affairs is objected to by the parties, the issue shall be referred to a competent court through submission of a written request.

    Article 120:

    Whenever a worker is illegally separated from work and later on is admitted at previous work in view of the decision by the dispute settlement commission or the General Department of Labor & Social Affairs, or in view of a court decision, he shall be paid for the period of his forceful separation from work.

    Article 121:

    The establishment shall be obligated to carry out the decision of the dispute settlement commission within 10 days.

    Article 122:

    (1) Dispute settlement sources referred to in article (114) of this law shall be obligated to issue their final decision within three months at maximum.

    (2) Payable remuneration referred to in article (120) of this law shall not exceed three-month remuneration.

    CHAPTER 12

    SOCIAL SECURITY

    Article 123:

    (1) Social security shall be provided through financial contribution of the establishment and workers of the Islamic Emirate of Afghanistan.

    (2) The scale of workers’ social security shall increase in proportion to the growth of national economy.

    Article 124:

    (1) Financial assistance (funeral expenses) to the family of the deceased worker for the purposes of his obsequies equivalent to six month remuneration and allowances on the basis of his last grade and position.

    (2) Assistance for medical treatment of the worker inside the country during his sickness shall be granted in accordance with the rule laid down by the Ministry of Public Health and the General Department of Labor & Social Affairs.

    (3) Equality of treatment in the allotment of land, residential quarters and apartments in accordance with the rules and regulations of the Islamic Emirate of Afghanistan.

    (4) Financial assistance to the worker at the time of his retirement equivalent to his 10-month remunerations and allowances on the basis of his last grade and position.

    (5) The establishment shall be obligated to provide foodstuff and consumable items, or the pecuniary difference thereof to the worker.

    (6) The family members of the worker undergoing his compulsory national service shall be entitled to the privilege prescribed in paragraph (5) of this article, as well as to medical facilities.

    (7) The establishment shall be obligated to provide transportation services to the workers. In case such services are not provided, the establishment may provide transportation costs to the workers in accordance with the prevailing rates.

    CHAPTER 13

    RETIREMENT

    Article 125:

    (1) A worker shall be granted retirement after completing 65 years of age. In case of a dire need on the part of the establishment, the period of work of the worker shall be extended for 10 years with the agreement of the worker. The extended period of work shall cover the entire remunerations and obligations of the worker.

    (2) The establishment shall propose and obtain approval for the extension of the working period of the worker referred to in paragraph (1) of this article prior to his retirement.

    (3) The age of a person at the time of employment shall be defined on the basis of his identity card. In case of difference of age as recorded in the identity card and that recorded in the personal biographical data file, the age recorded in the personal biographical data file shall prevail.

    (4) Reemployment of the worker being retired on account of old age shall not be authorized.

    (5) Retirement and extension of the working period of members of academic cadres of the departments of the Islamic Emirate of Afghanistan, academic and research institutions shall be regulated by special legislative acts.

    (6) Retirement age of the workers involved in religious affairs shall not be limited by the provision laid down in paragraph (1) of this article.

    Article 126:

    (1) After completing 25 years of service a worker may ask for retirement.

    (2) The working period of a worker for his each five-year engagement on heavy work shall be calculated 1 year less, and for the similar period of his engagement on underground work, or on the work injurious to health, shall be calculated 2 years less than the period prescribed in paragraph (1) of this article.

    Article 127:

    The retirement benefits on account of old age, sickness, infirmity, working period or demise of the breadwinner worker or under other circumstances shall be foreseen in special legislative acts.

    Article 128:

    (1) Benefits of retirement on account of work-related infirmity, or on account of occupational disease, or on account of work-related demise shall be determined upon certification of the health commission determining infirmity regardless of the service period.

    (2) The retirement benefits of infirm workers whose infirmity did not result from work shall be determined on the basis of certification of the health commission taking in account the working period of the worker.

    Article 129:

    (1) Where a worker is sentenced to less than two years imprisonment by the final order of a law court, he can apply for his retirement benefits.

    (2) Workers who are sentenced to two years imprisonment by the final order of the competent courts shall be subject to retirement.

    (3) The retirement of an imprisoned worker can be abolished upon release of the worker and agreement of the establishment.

    Article 130:

    (1) Calculation and payment of retirement benefits of the worker on account of old age, working period, sickness, infirmity and demise not resulting from work shall take place as follows:

    1- Where the worker had worked for ten years or more on regular basis, for his ten years regular work he shall be paid 40 per cent, and for each year beyond ten years he shall be paid two percent more of his latest monthly remuneration according to his grade and position.

    2- Where the worker had worked for one to five years, he shall be paid (2) month salary in lump sum for each year of work on the basis of his latest grade or original position.

    3- Wh

  20. Comment by scole:

    I worked for Scott Mount at Camp Victory in Iraq. I have never had a better, smarter or tougher boss in 25+ years in the working world. Building camp Victory (north)under impossible circumstances in no time flat was the most impressive management feat I have ever seen. He didn’t require any arse kissing–just hard work. It was a pleasure to work with this man–he brought out the very best in most of us. Jealousy motivates most of the crap I heard.

  21. Comment by Nitzer:

    Scott may have been fired from KBR, but he is still working for Dyncorp and for LOGCAP. I just looked him up in the Dyncorp Email directory. Currently he is listed as a Sr. Program Director.

    • Comment by Ms Sparky:

      I know! You are correct he is still working for DI. I was told he was removed, ask to leave, reassigned (call what you want) from Kandahar in Afghanistan.

      • Comment by Blubay:

        Ahhh the stinch of gossip…doesn’t hold a shred of truth and really indicates to me that you are not even remotely close to the real story. The atmosphere around him is quite different than what you relay. The environment is respectful, professional, and full of very hard-working individuals that he has inspired and encouraged to be that way. You are so far off base, but you are committed to smear…so peddle the smut and enjoy your own soap opera. The truth is just not so exciting. There are so many good things you could have done with this site, but this stuff doesn’t do anyone any service at all. You have strayed way off base on this one that you have threatened your own credibility on any other information you have to present in this forum. Just very ill-willed and sadly and I find maliciously inaccurate.

        • Comment by Ms Sparky:

          It will be difficult to respond because I don’t know which person you are talking about. But, yours is but opinion on one side of this argument and there are many many with first hand experience who would care to differ.

          • Comment by Blubay:

            I replied to your comment regarding Scott. Scott was not removed, did not resign, or asked to leave from KAF. He was in charge of transition. The transition was over and he returned as a Cat3 employee. When he returned, he was offered a full time position with Dyncorp. Not too much drama there Ms Sparky. Find new sources!

            • Comment by Ms Sparky:

              So YOU say. Now it is a he said, she said! Did Dyncorp ever really get “transitioned”? My sources say Kandahar and southern A-stan is a disaster.

              • Comment by Blubay:

                Define your idea of “transition” as the government is pretty darn specific. I have a feeling your impression of it differs greatly. In reading your profile, doesn’t look as though you have much experience with this type of operation.

                As a Cat3 employee, Dyncorp had NO ties and NO obligations to Mr. Mount following Kuwait transition and then again, during Afghanistan’s transition. Seems kinda strange to me that they would initiate an employment obligation to him of any kind if he had done such a horrendous job. You have no logic in your argument. This is not a he said, she said..it is fact. You have already verified that he was hired and I think everyone is aware that he was ask to lead transition for all task orders so far….but in your mind, there must be some conspiracy as to why Dyncorp would do that. Again, you seriously need to find new sources. I think its interesting that you continue to spout…”so you say”, I cannot pinpoint anything you have said in this post that has actually come to fruition.

                “his departure from KBR spawned a Federal Investigation” – How did that turn out?

                “We’ll save the specifics for the court room.” – still waiting…

                “I would love to have your version of ALL the specifics related to Scott Mounts resignation/termination from KBR!!!” – Did John ever provide you HIS specifics?

                “You do know he was eventually fired from KBR don’t you?” – Do you? Oh thats right, we are still waiting on John to give you the scoop.

                • Comment by Ms Sparky:

                  Perfectly honest hard working people were fired from KBR for many many things, not being a team player, being too much trouble etc when they won’t go along with the dubious activities of their managers. While on the other hand employees (managers) of the worst degree were not only allowed to remain employed, they were promoted far beyond their capabilities. It’s a sad and disheartening fact of LOGCAP contracting and it still goes on.

                  Any specifics I get go to investigators. I rarely publish specifics like that. Some on Congress feels it’s a huge issue you can be terminated/asked to resigned/quit while there are pending investigations or for cause and just walk across the street to your next contractor taking your dirty deeds with you. I do to.

      • Comment by LOGCAP Employee 7 Years:

        I have seen all levels of management and military make bad choices. For the record, Scotty was not pulled from AFG for any other reason than his health. We all have our faults, Scotty with his, takes care of his people and the customer. I worked with Scotty in Iraq and again in AFG and would work for him again if the opportunity arose.

    • Comment by KBR:

      As of 10/17/12 he is still there

  22. Comment by JJ:

    Has anyone heard the latest rumors regarding DI’s PM Joe Schmitt and a Colonel at Camp Walton? Just curious what others are hearing.

  23. Comment by Nitzer:

    Joe Schmitt resigned from the PM’s position and left Afghanistan yesterday.

  24. Comment by Nitzer:

    I don’t know all the details so I won’t speculate on them, but it did have something to do with that Col. at Walton. I believe the Col. was asked to resign his commission.

    • Comment by Ms Sparky:

      That’s too bad. I hadn’t really heard anything negative about Joe Schmitt as of yet. The Colonel was possibly asked to resign his commission? That’s serious business. If you hear anything for sure let us know.

  25. Comment by sandman:

    we all just got this email

    To the DI Team:

    Thank you very much for your service to the Country and to our warfighters. I was humbled by the sendoff and honored by having the opportunity to serve alongside a great team. I will forever remember the formation and lowering and presentation of the flag that had flown over Camp Hicks on the day of my departure and certainly appreciate that the team assembled early in the morning on a cold and dreary day. Thank you for numerous emails and the kind words and for the standing ovation on the 2nd floor. I was truly speechless. My success was a result of your dedicated service.

    Each of you have made a difference and unfortunately I had to depart before my scheduled departure but your duties and our mission must go on. Please give Dave and the front office team your full support.

    It was my honor to serve with you over the past 12 months. Hopefully our paths will cross again as I continue to support the LOGCAP program.

    With appreciation and respect,

    Joe Schmitt

  26. Comment by Ms Sparky:

    I just published a post on this whole Joe Schmitt issue. Actually I think I am leaning towards supporting Schmitt on this one. Now I want to know who will replace him.

    http://mssparky.com/2011/03/another-dyncorp-logcap-iv-project-manager-bites-the-dust/

  27. Comment by IF:

    Hey Ms. Sparky, how about we start a new thread for LOGCAP. It could be something like: “LOGCAPPERS and Ex-LOGCAPPERS Opinions On How to Improve the Program”. Perhaps it could focus on the program itself instead of the people bashing. While a handful of people tend to corrupt the whole thing, the personal attacks have tended to distract the site visitors from the principle. I know this is a watchdog site, so I support the observations of those who have been in the field; however, perhaps a separate but equal forum could co-exist on the site in support of a positive way forward from here. Maybe some good can come from this instead of a tiring battle of “who likes who”? Thoughts?

    Some ways to improve LOGCAP:
    1) A practical-based approach by the DCMA. All too often the DCMA over-condemns the contractor for lack of support, while the contractor itself has received a lack of support. This is particularly the case in logistics. If the DCMA strictly enforces certain rules, such as having the correct supplies available to perform, and then discovers that the contractor doesn’t have these supplies, the DCMA should investigate a legitimate reason why the supplies are not available. All too often I saw the DCMA write CARs for this. The statement would read something like, “The contractor has failed to maintain available supplies.” What wasn’t mentioned or investigated further was a “why” beyond the contractor’s ordering system. Let’s forget the fact that all supplies are trucked through country by corrupt local truckers, and let’s forget that a three-hour truck ride from Kandahar to Howz-E-Madad would take three weeks or more through local truckers. Long story short, the DCMA needs to be just as accountable in its auditing procedures as the contractor is forced to be in its performance. How much money has the tax payer shelled-out to pay for poor auditing practices?

    2) The contractor’s ordering system. With DynCorp, it was DYNMRO. Let’s face facts here folks, and this goes for the upper management and the top-shelf logistics managers. IT SUCKS, and the people who have been trained in maintaining it suck because the trainers themselves couldn’t keep up with the vast nuances of its sucky programming, and its execution sucks. It is the most un-user friendly program I’ve ever worked with. Let’s skip the logistics conversation of AFTER the stuff gets to KAF….the program itself is a nightmare. How to improve performance? Stop trying to re-invent the wheel by using proprietary software that sucks. Spend some money and get something that works, hire that company’s representatives to continuously train, and get on with it. DynCorp could save millions by doing this….and that’s not profit, that’s saving millions in operating cost and penalties for poor performance.

    3) Bring over some LSOs (LOGCAP Support Officers) that know what the hell they are doing. We had an LSO who was a reservist and LOGCAP new-comer who received a two-week crash course in LOGCAP before coming over. That LSO was completely lost, couldn’t gain the cooperation from the ACO or DCMA or Site Command because of this, and was allowed to stay the full term. The result was an ill-informed military client, poor efficiency in getting new services acquired by the client, poor communication of these inefficiencies by the LSO (because they were “LOGCAP illiterate”), and a virtual waste of time and resources all around. This responsibility falls on the DCMA (I believe).

    4) Training. This goes all around, from the LSO to the contractor. In particular, for the contractor (my experience with KBR and DynCorp) there was never more than a half-day of actual training. I’m not counting the “code of ethics” training, or the “frontline supervisor” training, or the “personal recovery” training. Those are expected for insurance purposes. I’m talking about on-the-job-training. Actual practical relevent training. For example: Let’s train people what the PWS is today. Nope. Upper management in DI held the PWS secret. They thought it was some sacred document that the peons couldn’t understand. Then we got a CAR, and the DCMA was pissed because I was the one he audited and I didn’t even know what the PWS was at the time. Had never even heard of it.
    Training is key folks. Site Managers are given a training course once a year or something, DynMRO is taught ineffectively every so often (but we know the result of that)….but when 80% of the workforce is from a country where they’ve never worked on a runway, and you take them and throw them onto a 10K forklift and make them shuffle pallets into million-dollar aircraft with absolutely no training, you are asking for problems.

    5) The 80/20 bid. We know that the labor bid was calculated at 80% foreign labor, 20% expat. This was to save money. Well, look how much money it HASN’T saved. It’s so stupid it makes me sick. Number one, how does a country “save” money by shipping it directly to another country? Number two, communication barriers and lack of industry knowledge have crippled the effectivity of every department other than the custodial crew. Number three, I could go on and on…..and it has nothing to do with racism, nationalism, or whatever. This is just the simple truth. If the government really wanted to save money, and just had to use foreign labor, they should have looked at the bell-curve of efficiency here and adjusted the percentages. How about 50/50 foreign labor/expat? Just that shift would change everything, because it would put more experienced leadership on the ground, it would keep unnecessary inexperienced labor out of certain key positions (such as finance, HR, safety, etc.), and it would start saving govt money and making DynCorp / Fluor money.

    My two cents. Is that a good start on how to positively impact the LOGCAP program?

    Thank you.

    • Comment by Ms Sparky:

      Actually, I’ve been considering adding an forum to the site. I’m researching forum programs to see which one will be best suited to do this. I would like to have a thread for each contractor, with sub-threads on topics such as the ones you suggested. I think I will be moving in that direction.

  28. Comment by KAFeyes:

    Seriously if DI was concerned about correcting their problems they shoould look in the mirror. Yes DYNMRO is a joke, similar to the STEAM/Maximo crap KBR had… same crap only the name changed. But they have much larger problems with their leadership or should I say lack of. They say they have a code of ethics yet exactly how ethical is it to have a Vice President sleeping with anything that walks by, currently a Logistics Coordinator at KAF, thats right Jim Bond you have no secrets here. But I guess it’s ok since you are also the Legal Counsel. Lets not forget the Love triangle in KAF travel where the managers boyfirend stabbed the managers husband. Shall we talk of the claims of some female employees coming from Kenya who it seems had to sleep with one of the recruiters for jobs? Yeah I guess it’s best to keep that little secret quiet also. DynCorp it’s simple… don’t preach ethics and values when as a company you have none.

  29. Comment by anonymous:

    Is that the same Vicky Smith that was a Site Manager in the Green Zone until she and a group of others were investigated by the CID for stealing Iraqi Antiquities from a building in the Green Zone? Heard that Remo Butler bailed her out of that one and shipped her off to Kuwait, wonder what she gave in return for that? Wasn’t she involved with another Site Manager that left KBR and went to work for a security company? I heard that he was using the KBR charter plane to fly down to Kuwait and spend quality time with her, isn’t that fraud too?

  30. Comment by ElFugitivo:

    I work in Security Vetting on KAF (the hated RONCO). I cannot believe how messed-up DynCorp is; all of the Expats (mostly US) that come in for Exit Interviews (or come in as walk-ins) tell me about the same problems the author mentioned over 2 years ago. In addition to the living conditions there is a safety matter; DynCorp does not give it’s employees days off/rest. There are guys working with electricity that are fatigued..it is an accident waiting to happen. We have reported all of this to the military authorities but nothing seems to improve. One point of contention is the author’s comment about “unvetted” TCNs, we do vet them that is the point of doing the screenings/badge interview. It is the closest thing there is to a background check; since we can’t access their police record from their home country. The worst part is when the TCN’s Expat buddy/lover comes in to complain that his guy/girl didn’t get the privileges they requested…we Americans are so trusting to the point of being naieve when it comes to Counterintelligence/Force Protection matters. Dear DynCorp expat (many seem to be backwoods or ghetto types)…your TCN pal didn’t get a Laptop or a Cell Phone because we identified a security issue, and you don’t have need to know what that issue is.

  31. Comment by MArk Cleary:

    DynCorp succeed???? In Afghanistan?????? biggest joke I have ever heard, they cant even maintain basic requirements out here like toilet roll and cleaning equipment. They havent got a clue what they are doing and never have. They are a farce of company and 95% of there employees have less sense than a 4 year old child. DynCorp = Clueless Morons

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