Central Organisation of Trade Union (COTU) Secretary General Francis Atwoli opposed a bill tabled by Nandi Senator Samson Cherargei seeking to stop employers from contacting employees after work hours.
In a statement to the press on Thursday, January 26, Atwoli argued that if passed into law, the bill would lead to loss of jobs as well as turn away potential investors.
Atwoli additionally stated that the bill would lead to a change in employment terms that would leave employees at a disadvantage including doing away with pensions and the casualisation of many jobs.
“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.
“They will casualise all jobs because of the difficulty in operations once an employee goes home,” Atwoli explained.
Moreover, the COTU Secretary General argued that when called after work hours, employees are usually compensated for their time.
He added that most employees made the decision to work extra hours as a way of increasing their incomes.
“When employees are called after work hours, they are not called for free. They are normally paid. Many people want to work overtime to get that extra cash,” Atwoli added.
However, speaking to the media on Thursday, January 26, Cherargei argued that the bill will protect the mental health of employees across the country and allow them enough time to spend with their families.
“When an employer calls their staff members over the weekends, they are going against the right to privacy by eating into the time an employee would be spending with their families.
“Family time should be respected and an employee has a right to disconnect from work-related matters from Friday to Monday morning when they are required to report back,” Cherargei stated.
The Senator added that the bill would protect the mental health of employees in the country and enable them to be more productive.
“The after-work calls lead to burnout and lowers the productivity of the employees in terms of production. This is about protecting the mental health of these employees,” Cherargei clarified.
Atwoli argued that when passed into law, the bill will interfere with essential services and the country’s goal to promote a 24 hr working economy.
“If the terms and conditions as per the letter you signed stated that you can be called at any time, then you should pick up the call. Otherwise, that would be a disciplinary issue,” Atwoli added.
The bill tabled by Cherargei also protects employees from subjection to any disciplinary actions if they fail to work beyond their stipulated hours.
