A global consulting firm has warned Kenyan employers to review employment contracts ahead of a pending bill that could mandate specific working hours and overtime compensation, according to an analysis published in March 2022.
The Employment (Amendment) Bill, 2021, introduced by Senator Samson Cherargei, aims to establish a legal right to disconnect for workers, drawing inspiration from France's 2017 legislation that required employers with over 50 staff to negotiate work-life balance terms with unions. Belgium and Italy have since adopted similar measures.
EY's analysis highlights that businesses with more than 10 employees must create formal policies governing working hours and overtime to comply with the bill. The legislation stipulates that employees are not obligated to respond to work communications outside agreed-upon hours, with non-compliance punishable by fines up to Sh500,000 or imprisonment.
Labour and Social Protection Cabinet Secretary Simon Chelugui raised concerns about potential labor disputes, warning that the bill could lead to workplace tensions if employees face retaliation for disconnecting. The legislation seeks to address rising employee burnout linked to blurred boundaries between digital work and personal time, particularly amid remote work trends post-pandemic.
EY noted that while some employees already set personal disconnect norms through email signatures or response expectations, the bill's success hinges on clear employer-employee agreements. The analysis also questioned whether mandatory overtime pay would boost productivity, as enforcement would rely on employment courts.
The bill leaves specific working hours undefined, requiring individual employer-employee negotiations. Critics argue this flexibility could allow companies to circumvent penalties by setting non-traditional schedules, raising doubts about the law's effectiveness in achieving its stated goals.
