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{
    "id": 1160492,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1160492/?format=api",
    "text_counter": 138,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "(a) shall not be obliged to respond and shall have the right to disconnect; or (b) may choose to respond, for which the employee shall be entitled to get compensation\" So if you have left, you can just switch off your phone, Sen. Wambua, and attend to your other issues. I may choose to respond; it is up to you. If, today, we decide at 6.30 pm, here that secretariat remains; if you have agreed they have a right to disconnect, then that is very important. The provisions of this Bill shall not apply to the provision of essential services. I emphasis that the trade unions and Federation of Kenyan Employers (FKE) the labor unions including Central Organization of Trade Unions (COTU), should note that we are not in any way undermining the essential workers. I have seen most of the trade unions are busy doing campaigns. I have just seen Sen. Murkomen. He used to be my lecturer and I believe he used to be in University Academic Staff Union (UASU) doing politics. I appeal to the trade unions that this issue should not be misinterpreted even by FKE. I know FKE would say we need to maximize the output of our employees and that they compensate based on the output. However, that one does not negate the labor rights that every employee has and should be treated rightfully. Therefore, after this, we have the right to disconnect unless provided by law. You will be protected from harassment from your overzealous bosses. You will be able to disconnect if you have your leave. For example, under Section 28, you enjoy your leave, be it maternity, paternity or annual leave and any other form of off. If you are on off days, you have a right to off working hours. You must also restrict yourself as Section 27 on the hours of work, commensurate with the compensation that you are being given. If you work beyond working hours, then it must be written and specified. I have seen exploitation of casual workers. I used an example where you work as a casual laborer in a hardware along Kirinyaga Road. The boss decides today we are not closing at 5.00 pm, but at 1.00 pm. How do they compensate that and even ensure provision of transportation? I know most companies especially the ones in Naivasha that deal with flowers, sometimes provide transport, lunch. In no way does that give them the right for you to not disconnect. We also want strong families and our social fabric to be maintained. We have provided for an offense New Section 27 A (9) that says - “A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.” If for example, your boss calls you when you are supposed to be on leave in your farm, or have gone to visit relatives or friends outside or within the country and there is no explanation to why that disconnecting from work has been violated, there is a fine not exceeding Kshs500,000 or imprisonment for a term not exceeding a year or both. The penalty of disturbing Sen. Wambua’s holiday for example, if he works for a particular employer, that employer and FKE Kenya Private Sector Alliance and even the and other stakeholders who work in labor market should listen to this."
}