THE EMPLOYMENT (AMENDMENT) BILL, 2022
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Employers Must Create Out-of-Hours Contact Policies
Employers are required to establish a policy governing when they can contact employees during non-working hours, the use of electronic devices, and conditions under which the right to disconnect may be waived. For employers with more than ten employees, this policy must be developed in consultation with employees or their trade union.
Employees Protected Against After-Hours Discipline
An employee cannot be reprimanded, punished, or subjected to disciplinary action for disregarding work-related communications outside of working hours, except when necessary to address emergencies arising out of work within their responsibility.
Compensation Mandated for Out-of-Hours Work
Under the new provisions, an employee contacted outside of mutually agreed working hours is not obliged to respond. However, if they choose to respond, they are entitled to get compensation as specified in the employer's policy.
Violations Face Up to KSh 500,000 Fines
Any person who contravenes the right to disconnect provisions commits an offence. Upon conviction, they are liable to a fine not exceeding five hundred thousand shillings, imprisonment for a term not exceeding one year, or both.
Bill No.
Bill No. 11 of 2022
Gazette No.
Supplement No. 198 of 30th November, 2022
Background
The Employment (Amendment) Bill, 2022 seeks to amend the Employment Act, No. 14 of 2007. The principal object of the Bill is to guarantee employees the right to disconnect, ensuring their personal time and privacy are respected outside of contracted working hours.
Key Amendments
The Bill proposes to insert a new Section 27A immediately after Section 27 of the Employment Act:
- Right to Disconnect: Entitles an employee not to be contacted by their employer during out of work hours, as defined by the employer's policy.
- Out of Work Hours: Defined as hours other than the hours of work agreed upon between an employer and an employee in the employment contract.
- Exemptions: The provisions of this section do not apply to the provision of essential services specified under Section 81 of the Labour Relations Act.
New Obligations
- Policy Formulation: Employers must put in place a policy that specifies:
- Circumstances under which an employer may contact an employee during non-work hours.
- Rules regarding the use of electronic devices to send or receive work-related communications during non-work hours.
- Circumstances under which the right to disconnect may be waived.
- The nature of compensation for employees who work out of hours.
- Employee Consultation: Employers who have employed more than ten employees must consult respective employees or their trade union when formulating these policies.
Penalties
- Contravention Fine: Any person who violates the provisions of Section 27A commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding one year, or both.
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