Bill proposed to ban Employers from calling workers outside working hours

Senator Nandi Samson Cherargei introduced a new bill that would ban Employers from contacting workers outside of their contractual working hours.

Businesses and individuals will face penalties for calling or texting their employees in the evenings and weekends under the new law if approved by the Senate.

The Employment Amendment Bill 2021 aims to ensure that employees enjoy the right to respect their personal time and privacy and for related purposes.

The bill also aims to address the growing fatigue of workers.

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“An employee can be separated from his or her employer. An employer can contact an employee outside of working hours if such communication is necessary to deal with an emergency,” Cherargei said.

According to the bill, an employee should not be reprimanded, punished or disciplined for neglecting work-related communications outside of working hours.

“When an employer communicates with an employee when there are no agreed working hours, the employee does not have to respond and must come out;

Anyone who violates these terms is guilty of an offense and liable on conviction to a fine or to a fine not exceeding KShs 500,000 or to imprisonment for a term not exceeding one year or to both.

The bill says “outside hours” means different hours and hours of work agreed between an employer and an employee in an employment contract.

“The bill does not delegate the power to legislate or restrict basic rights and freedoms,” Cherargei said.

Under the Fourth Schedule of the Constitution, counties are responsible for implementing national staff standards and county employment policies.

“With more workers coming from the county, the bill will have a significant impact on the provision of skilled workers in the county,” Cherargei said, adding that the bill did not delegate authority. law and does not restrict basic rights and freedoms. .

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