Off-Duty: Senate Blocks Post-Work Calls By Employers
A new law passed by the Senate prohibits employers from calling or designating work to employees after they have left the workplace.
Sponsored by Senator Samson Cherargei of Nandi, the amendments to the Employment Act prohibit employers from contacting employees after work hours and require managers to obtain consent before engaging someone outside of office hours.
The new law defines non-work hours as those that are not specified in the employment contract between employer and employee.
The amendment states, “An employee is not required to respond when contacted by an employer outside of mutually agreed-upon work hours.”
The law aims to protect employees from exhaustion and provide them with private time outside of work by granting them the right to end all communication with their supervisors when they clock out.
Employers who violate the new law will be subject to a Ksh500,000 fine, a one-year prison sentence, or both.
“This bill aims to address the rising incidence of employee fatigue. “Last year, it was noted that digital connectivity was eroding employees’ leisure time, thereby affecting their work-life balance,” said a senator.
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“The primary purpose of the bill is to establish the right to disconnect in the digital age.” Respect for the right of employees to personal time and privacy.”
Even though the majority of employment contracts stipulate 8 a.m. to 5 p.m., five days a week, the Kenyan Employment Act specifies 52 hours of work per week.
The new law states, “The right to disconnect shall be limited only to the extent necessary to address an emergency arising from the employee’s work responsibilities.”
The employer will be required to establish policies governing the conditions under which they may contact an employee outside of work hours.
Employers must also establish a policy outlining the conditions under which the right to disengage may be waived.
In addition, if an employee agrees to work during their off-hours, the employer should specify the nature of their compensation.
The law states, “A person who violates this section is guilty of an offense punishable by a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year, or both.”
Off-Duty: Senate Blocks Post-Work Calls By Employers
