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{
    "id": 1381006,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1381006/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "Kangema, UDA",
    "speaker_title": "Hon. Peter Kihungi",
    "speaker": null,
    "content": " Hon. Temporary Speaker, let me continue to second the Bill. I am seconding the rejection of the Employment (Amendment) Bill (Senate Bill No. 11 of 2022) by the Committee. Hon. Temporary Speaker, the Bill is about the right to disconnect. It says that you cannot engage a worker after their working time. In the explanation of the right to disconnect means, an employee is entitled not to be contacted by the employer during out-of-work hours by the employer's policy. As a committee, we went through the Bill and found out that it is, in a way, discriminatory. It is not concerned about the welfare of the employer, but it is mainly targeting the employee without considering the rights of the employer. When it talks about disconnection, it states that the employee can only be engaged during an emergency. We wondered how one would be able to contact the employee if he had already disconnected from the employer. Therefore, the Bill does not explain how an employee can be contacted during an emergency because, immediately after work, the employee will have the right to switch off their phone, and the employer cannot contact them. We did not find the areas or avenues under which the employer will be able to explain that there is an emergency and they want the employee to come back and assist them. The Bill has given only two definitions: out-of-work hours and the right to disconnect. It also talks about emergencies but does not define what it is, and in what instances of emergency an employer can contact an employee. It also talks about compensation whereby an employer has to compensate an employee. However, it does not explain what compensation is. The Bill came from the Senate, and we realise that there was much oversight. Some basic things could have been included during the debate at the Senate, which is very critical. The Bill states that people working under essential services cannot be allowed to disconnect, but it does not define essential services. We see many gaps in the Bill. Hon. Temporary Speaker, the Bill only targets those who work during the day and go home. It does not consider some people, like the domestic workers, who stay with the employer throughout. Where is the disconnection? The Bill should cover all employees. It should not target a few and leave others out. The Bill should have clearly indicated at what stage a domestic worker should disconnect from the employer when they are living in the same premises. Another issue is those who work for 24 hours. They are always in the employment area. Those are some of the gaps that we noticed. The Bill is biased against the employer because it talks about the employee disconnecting from the employer. However, it does not clarify if the employee is mandated to pick up the call when the employer wants to speak to them during out-of-work hours. The Bill should have also considered that the employee also usually calls the employer. We found some biases in the Bill where the employer is not considered at all. There are cases where the person who initiated the Bill is considering the working hours. Suppose the worker or the employee is given a target to work on, and they fail to achieve it. The Bill does not consider the employer who gives the target to somebody, but since the person knows that the law protects him and when the time comes to go home, he must do so. That will bring about a lot of indiscipline at work. The Kenya Kwanza Government agenda is based on the Bottom-up Economic Transformation Agenda (BETA). One of the main agendas is employment. The Bill targets an employer who has more than ten employees. For example, if an employer realizes that he is 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"
}