Cotu threatens court action if MPs amend labour laws
Cotu Secretary-General Francis Atwoli after the addressing workers on preparations for Labour Day celebrations at Solidarity House, Nairobi in April 7, 2018. PHOTO | ANTHONY OMUYA| NATION MEDIA GROUP
What you need to know:
If passed, the Bill will also ensure that during such industrial actions, service providers of essential services are mandated to undertake level of responsibilities.
- The Bill proposes a fine of Sh500,000 or a three-month imprisonment on any union official if the strike he or she has called for disrupts the services listed as essential.
- Mr Atwoli has also opposed planned amendments to the National Social Security Fund Act, 2013.
The Central Organisation of Trade Unions (Cotu) will move to court should proposed changes to 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.
He said such amendments would overturn gains made in defending workers’ rights, demands for better pay and the right to engage in collective bargaining.
The proposals contained in the government sponsored Statute Law (Miscellaneous Amendments) Bill, 2018 introduce an amendment to the Labour Relations Act, 2007 which if adopted will safeguard providing of essential services during strike.
INDUSTRIAL ACTIONS
If passed, the Bill will also ensure that during such industrial actions, service providers of essential services are mandated to undertake level of responsibilities.
It targets sectors providing crucial services such as electricity, water, sanitation, telecommunications, fire-fighting, air navigators, health, fuel distributors and port workers.
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 for disrupts the services listed as essential.
The proposed changes require unions to report any dispute to the Labour Cabinet Secretary (CS) and wait for intervention for a period of 21 days before taking any action.
SEVEN-DAY NOTICE
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 period of strike for provision of services.
Mr Atwoli has also opposed planned amendments to the National Social Security Fund Act, 2013.
Mr Atwoli said the Constitution is clear in Article 41(1)(d) on Labour Relations. It states that workers have the right to go on strike while paragraph (5) states that every trade union, employers’ organisation and employer has the right to engage in collective bargaining.
SEEK REDRESS
“Cotu will not hesitate to move to court to seek redress 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 Constitution he swore to protect.”
Mr Atwoli spoke at Cotu headquarters where he addressed shop stewards in preparation for Labour Day celebrations on May 1.
