A section of locals in Eldoret town have expressed support for a law that is proposing barring employers from calling their employees during off-duty hours.
The proposals that have recently elicited mixed reactions are contained in the Employment Amendment Bill – sponsored by Nandi Senator Samson Cherargei.
They among others give a right to workers to ‘disconnect’ from employers while away from work.
While employers have faulted the bill, some of the locals in Eldoret say it should be passed to be law.
Michael Kimutai, one of the residents say, once passed, the law will help increase income for employees that work overtime.
Others say calls from bosses after work were affecting employers’ productivity while on their side hustles.
“Employees also have other things to do. If it is not yet time for me to be at work, it is fair for the boss not to disturb me with calls,” notes a local who identified himself as Cornelius.
Similar sentiments were shared by Silas Lang’at, also a local in Eldoret town. He says the law will come in handy, and relieve work-related depression.
“Some bosses can really disturb you. It will be good if they can respect your off time and this bill is good to address that,” noted Lang’at.
Right to disconnect
The Employment Amendment Bill which is already before the Senate seeks to amend section 27 of the Employment Act, 2007 to introduce ‘the right to disconnect’ by employees.
Basically, it will enable workers to ignore work-related calls, messages and emails during out-of-work hours.
The Bill further states that an employee shall not be reprimanded punished or subjected to disciplinary action if he/she disregards work-related communication during out-of-work hours.
It proposes a Ksh500,000 fine or one-year jail term to an employer that contravenes it.
Already, the proposed bill has been opposed by the Central Organizations of Trade Unions (COTU) and the Federation of Kenya Employers (FKE).
Cotu Secretary General Francis Atwoli in a statement issued on January 27, 2023, said, “Many employees will lose their jobs because the employers will take advantage and make sure that people are not employed on permanent and pensionable terms.”
Meanwhile, FKE issued a statement on January 26, 2023, terming the proposed Employment Amendment Bill ‘stuck in the past’.
“FKE does not agree with the proposed amendments because they not only present radical changes to the Employment Act 2007 but also introduce new stringent measures that will curtail the prerogative to manage enterprises by the owners,” said FKE Executive Director Jacqueline Mugo.
