Nandi Senator Samson Cherargei has proposed in the Employment (Amendment) Bill, 2021, that an employee be granted the “right to disconnect” from their employer.
The proposal to enact a law which will ban employers from calling their employees after work hours has elicited a flurry of reactions, with the Federation of Kenya Employers (FKE) accusing the Senate of seeking to micromanage private enterprises.
Moreover, the proposed bill’s primary goal is to give employees the right to “disconnect” in the digital age and to address the rising number of employee burnout cases.
“This Bill seeks to address increased employee burnout. “Digital connectivity has also been noted to be slowly eroding leisure time for employees, hence affecting their work-life balance,” read part of the Bill.
Senator Cherargei claims that the bill will strike a balance between work and personal life. Hence, improving workers’ quality of life, which is supported by employers.
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Likewise, the bill is also pushing for employers to outline policies explaining circumstances when they may contact employees during out-of-work hours and specify the nature of compensation for employees who work overtime.
“Where an employer has more than ten employees, such employer shall, in formulating a policy, consult the respective employees or, where applicable, trade union.” Reads part of the bill.
Cherargei further notes that disciplinary action should not be taken against an employee who chooses to ignore a call after working hours.
According to the Nandi senator, employers who violate the law will face a year in prison and pay a fine of Ksh. 500,000.
“A person who contravenes this section 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 to both,” reads part of the Bill.