Employers who call or text members of staff after working hours could be jailed or fined, according to the Employment (Amendment) Bill, 2021.
The Kenyan Parliament is moving to prevent employers from calling or texting their employees during evenings or weekends.
According to the Ministry of Labour and Social Protection in Kenya, the Employment (Amendment) Bill, 2021 “will aid in bridging the gap in current labour laws.”
The amendment Bill seeks to provide employees with the right to disconnect from employers outside prescribed working hours in the digital age and promote a healthy work-life balance.
If passed into law, employees will be protected against reprehension, punishment, or any disciplinary action if they disregard work-related communication during out-of-work hours.
“Where an employer contacts an employee when there is no mutually agreed out of work hours, the employee shall not be obliged to respond and shall disconnect; or may choose to respond, for which the employee may get compensation,” the Bill proposes, according to Tuko.co.ke.
If this law is passed and gets violated by the employer, he has officially committed an offense and is liable, on conviction, to a fine not exceeding kSh 500,000 (about Shs15m) or to imprisonment for a term not exceeding one year or to both.