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{
    "id": 1379587,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1379587/?format=api",
    "text_counter": 377,
    "type": "speech",
    "speaker_name": "Runyenjes, UDA",
    "speaker_title": "Hon. Muchangi Karemba",
    "speaker": null,
    "content": "8. Kenya Private Sector Alliance. 9. Central Organisation of Trade Unions. 10. The National Council of Non-Governmental Organisation. Hon. Temporary Speaker, the Committee, while considering the Bill, made the following observations – 1. That the proposed amendment is noble as it will protect the rights of the employees as enshrined under Article 41 on the right to fair labour practice by ensuring an employer pays the employee equal remuneration for work of equal value as per Section 5 (5) of the Employment Act No 11 of 2007. Article 43 also provides that all citizens have a right to the highest attainable standards of health and with the documented effects of lack of rest during non-work times such as stress, fatigue and burnout, interfering with the employee's health and well- being, this amendment will enhance the protection of this right. 2. The right to disconnect may be provided for through policy. However, the Constitution under Article 94 provides the power of Parliament to make provisions having the force of law in Kenya. Therefore, the enactment of the law on the right to disconnect is rightfully before Parliament. 3. But that notwithstanding, the term 'emergency' should be clearly defined to prevent ambiguity. Further it should be clear that an employee should first establish whether there is an emergency or not by answering the communication. 4. Not all scenarios that could constitute an emergency have been defined. Some sectors require employees 24 hours a day which has not been defined. 5. The lack of clear parameters for applying the right to disconnect makes it difficult to enforce this right. It is, therefore, important to define other parameters besides emergency parameters, such as defining the term 'compensation' to create a means to easily enforce this right as it is backed by the right to fair labour practice under Article 141. This includes working within defined working hours and the right to privacy under Article 31, as enshrined in Kenya's Constitution 2010. 6. To cure this mischief, the Bill can provide for delegating legislative power to the relevant Cabinet Secretary to make regulations that will clarify aspects such as the nature of compensation, emergencies, and out-of-work hours as provided for under international labour laws, to accommodate changing trends in the workplace, such as flexi-working hours of contracts that require employees to work with people in different time zones. This will then provide guidelines to govern policies to be enacted by the employers. 7. The need to re-draft and insert '2007' after the Labour Relations Act' to ensure correct quoting of the Labour Relations Act 2007 in Section 27 (a) (8). Further, the one section in Section 27 (a) (4) be deleted and substituted with the word 'Sub-Section' to prevent confusion with Section 10 of the Employment Act, 2007. 8. There is a need for a transition clause of six months to allow organisations to develop and engage internally on policy formulation and socialising the same with employees. 9. Hon. Temporary Speaker, Section 27 (a) (7) provides that when an employer contacts an employee during the period where there are no mutually agreed-out work hours, the employee shall not be obliged to respond and shall have the right to disconnect. The Committee noted that this may be detrimental to the employer when faced with an emergency that needs the urgent attention of the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}