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{
    "id": 1160480,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1160480/?format=api",
    "text_counter": 126,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "You have a right to disconnect from receiving messages, phone calls and even inbox on your Facebook, Twitter or WhatsApp account. If this law passes, and I hope our Clerks are noting this, they should be careful if you are sending messages to a Committee group after 5.00 pm. The Senate Business Committee (SBC) needs to be careful when we are having Special Sittings; When we decide on a very serious matter at midnight even if it is not limited to some issues that we normally transact as a House unless it is specially permitted. You have a right to disconnect your phone, WhatsApp, Snapchat, Facebook, Twitter and phone short messages service (SMS) after work hours. Sen. Kavindu Muthama knows very well that when you disconnect, you can relax and enjoy your weekend. Circumstances under which the right to disconnect may be waived--- This gives leeway in case of an emergency, like when we had the Solai Dam Tragedy. Those are emergency situations where this right can be waived. It is important that it is noted there. If an emergency occurs today, the law allows that such circumstances can be waived. We need to specify the nature of compensation for those who work out of work hours. There are many employees in this city and across the country who are giving so much to their employers but the compensation for the work done beyond and above the time provided, should be compensated. What we are proposing, and labor unions and labor leaders should listen to this; we want proper compensation to the employees that work above and beyond the provided timeline as captured by Section 27 of the Employment Act. We do not want to see workers working beyond and above the set time provided under the law, between 8.00 a.m. and 5.00 p.m. You get teachers in classrooms, drivers on the road, workers of all forms even casuals labourers working beyond 5.00 pm. The law is very clear on compensation. They must be compensated for their working hours. This amendment tries to address that. The right to disconnect shall be subject to the conditions that I have stated. I have said, and this should come out clearly because I saw when this Bill was published for the first time, there was a lot of misinterpretation. One of the misinterpretation was on the fact of the right to disconnect. When and how do you disconnect? Who are you to disconnect? The issue is we must protect the essential services and emergencies. Therefore, police officers, military and others shall not be reprimanded or subjected. This is very clear. Today, your employer may be looking for you while you are on your annual leave as provided by Section 28 of Employment Act relaxing somewhere in Machakos, or at home with your grandchildren. The employer cannot say, “I called you on Friday evening at 8 pm, and you did not pick my call, therefore you are supposed to appear before the Board for disciplinary action. We are protected because of the right to disconnect, unless it is waived on an emergency condition or something of essential service. We have put a caveat here in New Section 27 A (6) that says - “An employer with over ten employees shall develop the policy under subsection (3) in consultation with the employees or the respective trade union.”"
}