The Federation of Kenya Employers (FKE) has opposed the proposed Employment (Amendment) Bill, 2022.
The bill seeks to amend the employment act, 2007 providing for the right to disconnect to employees. It 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 amendments, the proposals negate the essence of freedom and realities of the labour market,” said FKE in a joint statement signed by National President Habil Olaka and Jacqueline Mugo, Executive Director.
“The employers’ administrative prerogative should not be curtailed by legislation. The changes, in our view, infringe on the employer’s right to manage enterprise on a day-to-day basis.”
FKE claimed that if the bill is passed, it will create two centers of managerial power and ultimately cause disharmony and indiscipline in workplaces. The bill requires that employers develop policies to regulate phone usage by employees outside work. FKE argues that if the phone is an official one, then the employee is under obligation to use it as required by the enterprise. “If the nature of the business requires a shift system or extension of working time to meet the business demands, then such laws which are prescriptive in nature will hamper flexibility in work arrangements.”
On the state of economy and its implication to businesses, FKE Board of management noted that the environment remains challenging to the employers.
The Board pointed out lack of predictability in the legal and policy framework, tax increases among other areas making it hard to operate. The board noted that employers are no longer able to plan their costs and inputs due to unpredictable business environment.
“The government needs to commit to long-term development plans and give enough lead time for business to adjust their budgets before making far reaching policy changes.
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