The National Assembly has dismissed a proposed bill aimed at criminalizing employer communication with employees after working hours. Sponsored by Nandi Senator Samson Cherargei, the Employment Amendment Bill 2022 faced scrutiny from MPs who raised concerns about its legality.
.They argued that the bill infringed upon the contractual agreement between employers and employees and could potentially conflict with existing labour policies in Kenya. The Senator claimed that employees should have a right to disconnect in the digital age and to address the rising number of employee burnout cases.
Having drawn sharp criticism from the Federation of Kenya Employers(FKE), the bill was procedurally submitted to the National Assembly for debate. When it came up for debate in the second reading, the Labour standing committee set the stage questioning the rationale of its passage in the Senate.
Kangema MP Peter Kihungi, along with Justice and Legal Affairs Committee chair Gitonga Murugara, spearheaded the opposition against the bill. They criticized the bill’s drafter for attempting to criminalize what they viewed as a civil agreement between employers and employees.
Specifically, they objected to the proposal’s provision for imposing a fine of 500,000 shillings on violators. Legislators say the legal minefields in the bill not only exposes employers but is likely to disrupt the labour market.
FKE in its opposition to the bill claimed the proposed amendments would negate the essence of managing enterprises freely to meet the demands and challenges posed by the market.
