The National Assembly has rejected a proposed Bill aimed at criminalizing employer-initiated phone calls to employees after working hours.
Legislators expressed concerns regarding the legality of the Employment (Amendment) Bill, 2021, sponsored by Nandi Senator Samson Cherargei, arguing that it could disrupt the contractual relationship between employers and employees.
The MPs further warned that the enactment of such a Bill might introduce legal complications conflicting with Kenya’s labor regulations.
Cherargei, who introduced the Bill, argued that employees should have the right to disconnect from work to address increasing cases of fatigue. He asserted that the proposed legislation would strike a balance between work and personal life, thereby enhancing the quality of life for workers.
Furthermore, Cherargei highlighted that the Bill aimed to promote conducive work environments for employees, referencing Section 27 of the Employment Act of 2007.
Among its provisions, the Bill proposed that employees would face no disciplinary action if they chose to ignore work-related calls after working hours. It also suggested penalties for employers who violate the law, including imprisonment for up to a year and a fine of Ksh.500,000.
The Federation of Kenya Employers (FKE) opposed the Bill, leading to its referral to the National Assembly for deliberation.
