'It will cause indiscipline': Employers oppose Bill seeking to bar calling staff after working hours

Labelling it as 'too radical', FKE President Dr Habil Olaka argued that the Bill's radical nature could disrupt effective management and undermine the fundamental liberties of labour.

"In essence, the Bill seeks to establish the right of an employee not to be contacted by the employer beyond the contracted working hours unless it is an emergency. FKE does not support the proposed Employment Amendment bill, 2022 because; the amendments introduce radical and stringent measures that will curtail the employer's prerogative to manage enterprises and pose,” said Olaka.

He added: “These proposed changes negate the essence of freedom and the realities of the labour market.”

Olaka asserted that the new provisions would severely constrain an employer's prerogative to manage their enterprises and present challenges to industrial relations in Kenya.

If passed, the FKE boss pointed out that the Bill would create two centres of managerial power and ultimately cause “disharmony and indiscipline” in workplaces.

He highlighted the effectiveness of existing International Labour Organization (ILO) instruments in managing working hours and overtime payment, expressing reservations about the bill's cryptic nature and its requirement for employers to regulate employee phone usage outside work hours.

“If the nature of the business requires a shift system, or extension of working time to meet the workplace demand then such laws which are prescriptive in nature will hamper flexibility in work arrangements,” he said.

He advocated for a mutual agreement between employers and employees on work arrangements that suit their needs. Moreover, he raised concerns that the bill could hinder effective responses to emerging challenges such as the COVID-19 pandemic and the blended office where workers can work from anywhere.

“The engagement between an employee and employer during and out of work hours is a management issue and should not be legislated,” he said.

Olaka called on policymakers to shift their focus from the proposed amendment and instead consider comprehensive reviews of labour laws. He stressed the need to address emerging issues through a holistic approach that benefits all stakeholders involved in the labour sector.

The primary goal of the Bill introduced by Nandi Senator Samson Cherargei is to give employees the right to "disconnect" in the digital age and to address the rising number of employee burnout cases.

"This Bill seeks to address increased employee burnout. Digital connectivity has also been noted to be slowly eroding leisure time for employees hence affecting their work-life balance," read part of the Bill.

At the same time, the Federation of Kenya Employers has faulted the move by the government to increase the tax base terming it unfavourable for businesses and the job market.

The employers argue that these measures could result in business closures, job losses, and a slowdown in economic growth. 

They claim the country has already lost over 354 million USD worth of foreign direct investment in the last three months due to a sharp drop in economic growth occasioned by such unfriendly policies and want the government to reconsider its strategies.