THE LABOUR RELATIONS (AMENDMENT) (NO. 3) BILL, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Deletion of Section 49 on Agency Fees
The Bill deletes Section 49 of the Labour Relations Act (Cap. 233) in its entirety. This removes the legal framework that allowed trade unions to request the Cabinet Secretary to order employers to deduct agency fees from employees who are not union members but benefit from a collective bargaining agreement.
Protection of Non-Union Employees' Wages
By removing Section 49, the Bill ensures that unionisable employees who choose not to join a trade union will no longer have agency fees deducted from their wages, protecting their net earnings and reinforcing the constitutional right to freedom of association.
Revision of Part VI Heading
The Bill amends the heading of Part VI of Cap. 233 by deleting the words 'agency fees', reflecting the complete removal of the agency fee deduction mechanism from the Act.
Bill No.
Senate Bills No. 49
Gazette No.
Supplement No. 183 of 2024
Sponsor
George Mungai Mbugua
Background
Under Section 49 of the current Labour Relations Act (Cap. 233), a trade union that has concluded a collective bargaining agreement registered by the Employment and Labour Relations Court can request the Cabinet Secretary to issue an order. This order requires employers to deduct an agency fee from the wages of non-unionisable employees who benefit from the collective agreement. The proposed amendment seeks to abolish this practice, aligning statutory law with the right to freedom of association under Article 36(2) of the Constitution, which states that a person shall not be compelled to join an association of any kind.
Key Amendments
- Part VI Heading: Section 2 of the Bill amends the heading of Part VI of the principal Act (Cap. 233) by deleting the words "agency fees".
- Deletion of Section 49: Section 3 of the Bill deletes Section 49 of Cap. 233 in its entirety, completely abolishing the statutory mechanism for deducting agency fees from non-union members.
New Obligations
- Employers: Employers are no longer authorized or required to commence, perform, or process deductions of agency fees from the wages of any unionisable employee who is not a member of the trade union, even if a collective agreement is in place.
- Trade Unions: Trade unions are prohibited from requesting the Cabinet Secretary to issue deduction orders for agency fees from non-members, and can no longer receive such agency fees.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.