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{
"id": 1243295,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1243295/?format=api",
"text_counter": 436,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "That means I must compensate you as an employer. So many Kenyans were asking, what happens now if my boss calls me and I am enjoying because tomorrow is a public holiday? Some people have started winding down or winding up for the holiday. If, for example, they have left office for like two minutes, what happens? That is why, for example, our staff here, traditionally, our working hours as Parliament are not the 8 a.m. to 5 p.m. There is a way we work. So, this is a mutual agreement. I do not expect an avalanche of litigation simply because you are working in a night shift. For our case here, saying they should not call you beyond 5 p.m. is misinterpretation of the law. There must be a proper arrangement and compensation. Madam Temporary Speaker, where an employer contacts an employee out of work hours where there is no mutual agreement, the employee shall not be obliged to respond and shall have the right to disconnect. I am not saying when you see a call from your boss, you switch off your phone or throw it away. I am saying when you are called and there is no arrangement, you have a right to disconnect. You even block the email WhatsApp and SMS. I am not encouraging employees in this country to block their bosses after 5 p.m. There is that feature where you can block. It is called supplementary services or divert. You do not need to divert to someone else. People are very malicious. They can divert you to other areas like 999, the police diversion. Secondly, you may choose to respond for which an employee should be entitled to compensation. So, if your boss calls you and you receive, you must be compensated. So, if calling you at 5.42 p.m. as your boss and I give you an assignment that should be completed tomorrow, those over time working hours must be compensated. I believe that is the law. So, you may choose to disconnect or receive the assignment and then demand for compensation as per this law. Madam Temporary Speaker, the provisions of these sections shall not apply to the provision of essential services. It will work together under Section 81 of the Labor Relations Act. This is my final part of presentation regarding a person who contravenes this section. If your boss calls and insists on receiving compensation or you contravene Section 31 (a) that we are introducing above all work hours, you shall be liable to a fine not exceeding Kshs500,000 or imprisoned for a term not exceeding one year or both. So, if your right as an employee is violated, the legal remedy is you must pay that employee a compensation of Kshs500,000 or one-year imprisonment as an employer or both. Madam Temporary Speaker, I believe this is a straightforward matter. If you keep calling your employees, harassing them, giving them work and you are not compensating them, you are threatening their right to privacy, family time, causing burnout, mental wellness and their energy. I know of employees, when they leave the office at 5 p.m., they go to the gym to become what you call ‘summer bunnies.’ In the USA, especially this winter season, people are trying to get what we call in street language ‘summer bodies,’ or ‘summer bunnies.’ I am told they travel to Kenya during cold season."
}