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{
"id": 222351,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/222351/?format=api",
"text_counter": 194,
"type": "speech",
"speaker_name": "Dr. Kulundu",
"speaker_title": "The Minister for Labour and Human Resource Development",
"speaker": {
"id": 295,
"legal_name": "Newton Wanjala Kulundu",
"slug": "newton-kulundu"
},
"content": " Thank you very much, Mr. Temporary Deputy Speaker, Sir. I beg to move that The Labour Relations Bill be now read a Second Time. This is an important Bill dealing with the democratisation of industrial relations. The background information for this Bill is the same as the one I provided for the Employment Bill. The principal object of this Bill is to provide a legal framework to promote freedom of association and the right to collective bargaining, to streamline the registration process of trade unions, employees' organizations, federations of trade unions and employers' organization to provide a mechanism for the effective management of property, funds and accounts of trade unions, 1272 PARLIAMENTARY DEBATES May 10, 2007 employers' organizations and their respective federations; and to promote expeditious and conclusive dispute settlement. Mr. Temporary Deputy Speaker, Sir, Part I of the Bill contains preliminary provisions which include the general interpretation and application process. Part II contains provisions that protect the freedom of association of employees and employers, and Part III provides for the establishment and registration of trade unions and the employers' organizations. It sets out the procedure for application and consequences of registration, and also provides for suspension and cancellation of registration of trade unions and employers' organizations. Part IV represents who may become a member, official or officer in a trade union or employers' organization. It also provides the manner in which elections of officials of a trade union or employers' organization shall be conducted. Mr. Temporary Deputy Speaker, Sir, Part V makes provision for the management of the property, funds and accounts of trade unions or employers' organizations. Part VI provides for the deduction of trade union dues, agents' fees as well as payment of employers' organization fees in recognition for their service. Part VII provides for the election of trade union representatives, trade union access to employers' premises, recognition of trade unions by employers and registration of collective bargaining agreements. Part VIII deals with trade dispute resolution and empowers the Minister to appoint conciliators to resolve disputes arising under the Bill. Part IX makes provisions for adjudication of trade disputes in the National Labour Court, which is called the Industrial Court in the Current Bill. Part X provides for the management of strikes and lockouts. Part XI contains miscellaneous provisions. Mr. Temporary Deputy Speaker, Sir, the benefits of the Labour Relations Bill are: (i) The Labour Relations Bill merges the current Trade Union Act, Chapter 233, and the Trade Disputes Act, Chapter 234, making this Statute user-friendly while maintaining the same subject. (ii) The Bill sets out the provision for the exercise and protection of the freedom of association for both employees and employers. (iii) The Labour Relations Bill promotes the freedom of association and right to collective bargaining with a view to bringing the legislation into harmony with both the Constitution of Kenya and the international labour standards. (iv) The Bill streamlines the registration process of trade unions, employers' organizations and their federation. (v) It provides mechanism for effective collective bargaining and promotes expeditious and conclusive dispute settlement within an industrial relations judicious set up. (vi) The Labour Relations Bill is easy to read and understand, so I hope. (vii) It promotes democratic practice through enhanced involvement and the participation of individuals and lawful collective groups. (viii) It asserts individual and collective group rights and obligations in labour relations. (ix) The Bill establishes fair and objective criteria of the registration of trade unions, employers' organizations and their respective federations. (x) It establishes trade unions and employers' organizations special role in the conduct of labour relations affairs within the country and, therefore, eliminates room for interference by other social organizations. (xi) The Bill establishes how trade unions should access employers' premises for purposes of trade union activities. (xii) Pre-industrial court trade disputes resolution machinery has been streamlined and the May 10, 2007 PARLIAMENTARY DEBATES 1273 process given a specific time frame within which to dispose of disputes. This will eliminate delays in dispute resolutions and make the process more transparent. (xiii) The Bill minimises room for interference with worker's rights to go on strike by setting out clear guidelines on protected strikes and lockouts. And, lastly, (xiv) The Bill introduces alternative dispute resolution machinery. Mr. Temporary Deputy Speaker, Sir, with those remarks, I beg to move the Labour Relations Bill, Bill No.8 of 2007, and request the Minister for Co-operative Development and Marketing, hon. Ndwiga, to second the Bill. Thank you very much."
}