THE EMPLOYMENT (AMENDMENT) BILL, 2022

30 Nov 2022 domainSenate Bill No. 11 of 2022 Gazette: Supplement No. 198 of 30th November, 2022
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Public Review

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Debate

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Executive

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Final

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1

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.

2

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.

3

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.

4

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.

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