Atwoli: Cotu will move to court if MPs amend workers' laws
Cotu Secretary-General Francis Atwoli has said the umbrella workers' union is opposed to changes to the Labour Relations Act, 2007 and Employment Act, 2007. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
The government is introducing an amendment to the Labour Relations Act, 2007 which if adopted will safeguard the provision of essential services during industrial action.
If passed, the Labour Relations Act Miscellaneous Bill, 2018 will also ensure that during industrial actions, necessary service providers are mandated to undertake certain responsibilities.
It targets sectors providing crucial services such as electricity, water, sanitation, telecommunications, fire fighting, air navigation, health, fuel distribution and ports.
The Bill also proposes a fine of Sh500,000 or a three-month imprisonment on any union official if the strike he or she has called disrupts the services listed as essential.
The Central Organisation of Trade Unions will move to court should proposed amendments to various laws concerning workers be passed by Parliament.
Cotu secretary-general Francis Atwoli said the union is opposed to changes to the Labour Relations Act, 2007 and Employment Act, 2007 because it would undermine the workers’ rights to go on strike to demand for better pay and their rights to engage in collective bargaining.
The government is introducing an amendment to the Labour Relations Act, 2007 which if adopted will safeguard the provision of essential services during industrial action.
ESSENTIAL
If passed, the Labour Relations Act Miscellaneous Bill, 2018 will also ensure that during industrial actions, necessary service providers are mandated to undertake certain responsibilities. Trade unions will also have guaranteed membership if the Bill becomes law.
It targets sectors providing crucial services such as electricity, water, sanitation, telecommunications, fire fighting, air navigation, health, fuel distribution and ports.
The Bill also proposes a fine of Sh500,000 or a three-month imprisonment on any union official if the strike he or she has called disrupts the services listed as essential.
NSSF ACT
The proposed changes require unions to report any dispute to the Labour Cabinet secretary and wait for intervention for a period of 21 days before taking any action. A seven-day notice will be served to the CS should there be no resolution with a schedule to show that some employees will remain , on duty throughout the strike period for provision of services.
Mr Atwoli has also opposed planned amendments to National Social Security Fund Act, 2013.
He said the Constitution is clear in Article 41(1)(d) that workers have the right to go on strike while (5) states that every trade union, employers’ organisation and employer has the right to engage in collective bargaining.
MINIMUM
“Parliament has the responsibility to defend workers and any attempts to deny them of their constitutional rights will not be taken lightly,” said Mr Atwoli.
“They cannot amend an Act related to policy issues through a miscellaneous Bill and Cotu will not hesitate to move to court to seek redress and justice over these matters. But we are optimistic that the president will not assent to such changes because he will be negating the principals of the same Constitution he swore to protect.”
At the same time, Mr Atwoli said Cotu will demand for a review of the minimum wage for workers to 18 per cent during the Labour Day celebrations next week.
“The economy is now on an upward trend and my economic advisors have said it is possible to get 18 per cent minimum,” he said.
