31 May 2023 in Senate:
(iii) Circumstances under which the right to disconnect may be waived.”
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31 May 2023 in Senate:
It is very important. For example, somebody can ask: What about security agencies? What about essential services? This has been provided for. There is an engagement like doctors on call and many others.
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31 May 2023 in Senate:
Part (B) specifies the nature of compensation for employees who work during out of work hours - the payment of over time. Where an employer has employed more than 10 employees, such employer, shall while formulating a policy under sub-section two, consult the respective employees or where applicable a trade union.
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31 May 2023 in Senate:
I do not know why COTU was worried and yet this is a very straightforward matter that talks about anything. The union will look at it. The right to disconnect shall be subject to the terms and conditions specified under Section 10. The right to disconnect shall be limited only to the extent necessary to address the emergency arising out of work fully within the responsibility of the employee.
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31 May 2023 in Senate:
If you are a doctor or a nurse working, for example, at The Kenyatta National Hospital (KNH) and you are needed as on emergency; if you are a police officer or anybody working under emergency, it is important that the right to disconnect will be to the extent necessary to address the emergency. Outside the emergency, you must be paid
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31 May 2023 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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31 May 2023 in Senate:
over time. You must be paid for working extra hours. I was asking FKE that you must also have a serious productive workforce.
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31 May 2023 in Senate:
When you have employees working beyond 5.00 p.m. in the evening, their concentration and sugar levels become low. They become tired. I do not think it would be fair at that point. Therefore, when you look at this, I am telling the FKE, COTU and other trade unions that the reason the law has given 8.00 a.m. to 5.00 p.m. as working time and 56 or 52 hours within a week for work, is to give employees time to rest.
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31 May 2023 in Senate:
You have seen even the Universal Health Coverage (UHC) was disengaged the other day on 19th May. The contract of the UHC staff who had been contracted under COVID-19 program came to an end. We are talking about improving working environment. I think that is what is important. Therefore, there is a lot of victimization.
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31 May 2023 in Senate:
So, the question that Kenyans ask is: If your boss calls you and you do not reply, what happens and yet you do not work in an emergency programme? There is no engagement of payment. If your boss calls you under this law and you do not receive the phone call; you are on a weekend, you are unwinding and you are enjoying yourself, you are somewhere in Watamu, Ukunda, Kendu Bay, Busia or in a place called Steven Kosittany Gardens in Nandi; you are unwinding and your boss calls you. If you do not receive that phone call, you ...
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