New bill looks to restrict employers’ ability to transfer staff

A new bill introduced in the Kenyan parliament on Wednesday seeks to regulate the transfer of employees between duty stations.

The Employment (Amendment) Bill 2023 would require employers to obtain consent from employees before transfers, provide clear reasons for transfers, and avoid using transfers to punish workers.

“Transfers have become a tool used by employers to punish certain employees which contravenes Article 41 of the Constitution on the right to fair labour practices,” the bill’s sponsor, MP Didmus Wekesa Barasa, said.

The bill mandates that employers take into account factors like skills and competencies, promotion opportunities, and extenuating circumstances like sickness before transferring workers. It also requires employers to have a formal transfer policy.

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“Each employer should develop and implement a transfer policy for its employees,” the bill states.

Transferred employees must be given the implications for their contracts and notified of any measures the employer will take related to the transfer.

The bill prohibits transferring employees who are undergoing disciplinary proceedings until those proceedings conclude.

“An employee who is the subject of disciplinary proceedings, shall not be transferred until such proceedings are concluded and all mechanisms for appeal under the Constitution or any other written law have been exhausted,” the bill states.

Violations would carry fines up to KES 500,000.

The bill amends the existing Employment Act of 2007. It will need to pass votes in parliament and be signed by the president to become law.