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{
    "id": 1160497,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1160497/?format=api",
    "text_counter": 143,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "What does the ‘right to disconnect’ mean? I saw people comment and say when you leave on Friday 5.00 p.m., you have a right to switch off or disconnect up to the next time. You being a legal practitioner and having a senior long-standing career in the legal realm, we wanted to ensure that the courts restrict themselves to the interpretation that the Act has provided such that when this matter appears before court, we do not open a window for abuse. If we allow a case where an employer calls an employee at 5.01p.m., then it will be litigious. People will also say they have a right to disconnect because of the provision in the law. The “right to disconnect” means an employee’s entitlement not to be contacted by the employer during out of work hours as per the employer’s policy.” If your employer’s policy says 6.30 p.m. and they call you at 6.35p.m. then, the employer has violated their own employment policy. As I conclude, in my four points, I have tied it up with the rising cases of the mental health issues. You have seen the incidents in the police service. This is an essential service. However, due to the pressure of police officers working seven days a week including night shifts, they get tired yet in the houses where they rest, they share and partition them using a cloth. Some of the shooting cases are not only about relationship issues. Sometimes, it could be a breakdown from work related issues, stress and expectations. In the work place nowadays, there is a lot of pressure to meet targets. This is why you see employers are pushing their employees to meet their targets even on weekends without considering their health and wellbeing. Therefore, employees continue to suffer. I assure you that if we do not protect the employees from the work place pressure, we shall have an increase in mental cases, breakdown of families and children being raised without love and care of their parents which is important. These are some of the issues that the future Governments must continue to address and protect the families we have. Thirdly, as we come to an end of the second generation of the Senate post devolution, this could be a good legacy for the Senate to leave an indelible mark. This will be good for us who will come to the third Senate. This includes yourself because I have been told that you are mounting a titanic battle to take over the senatorial seat of Kisumu. We would want to see more women become Senators. We have Sen. Kavindu Muthama, Sen. (Prof) Kamar, Sen. Kihika and, God willing, you too will be an elected Senator. I hope we will have more numbers of women Senators coming to the Chamber so that we do not to feel cold. We also need the input of women in the decisions we make. As you mount your political titanic battle to reclaim the senatorial seat of Kisumu, this can be one of the legacies. When you meet employees of Kibos Sugar and Allied Industries (KSAIL), the Dock Workers Union and any other company, you will tell them that the Senate will consider a law to protect the employees."
}