Trade unions reject proposal to amend Labour Relations Act

Trade unions have intensified pressure on Parliament to reject the proposed changes to the Labour Relations Act, 2007.

The dispute over the proposed changes took centre stage during Tuesday's Labour Day celebrations at Uhuru Park, Nairobi.

Union leaders said the proposals in the Statute Law (Miscellaneous) Amendment Bill 2018 sponsored by National Assembly Majority Leader, Aden Duale, violate workers’ Constitutional rights and vowed to fight them.

The proposals introduce an amendment to the Labour Relations Act, 2007 which, if adopted, will safeguard the provision of essential services during industrial action.

COTU

The Central Organisation of Trade Unions (Cotu) and  the Kenya National Union of Teachers (Knut)  also oppose the proposed changes to the National Social Security Fund Act, 2013, saying it is a veiled attempt to  kick  Cotu and Federation of Kenya Employees (FKE) out of the fund’s board.

But in a statement, Mr Duale put Cotu boss Francis Atwoli on the spot, saying he must explain his continued stay on the National Social Security Fund (NSSF) and National Hospital Insurance (NHIF) boards.

Mr Duale, who was responding to Mr Atwoli’s assertions that he was being used to undermine workers’ rights, said Atwoli would be invited by Parliament’s Heath and Labour committees to argue his case.

CONFIDENCE

Earlier, Mr Atwoli had exuded confidence that MPs will oppose the changes. He  said  Article 41 (1)(d) on Labour Relations in the Constitution allows  workers  to go on strike while paragraph (5) states that every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

If passed, the amendments to the Labour Relations Act, will also ensure that during industrial action, essential service providers ensure that operations continue.

It targets sectors providing crucial services such as electricity, water, sanitation telecommunications, firefighting, air navigators, health, fuel distributors and port workers.

SH500,000 FINE

The Bill proposes a Sh500,000 fine or  three months’ imprisonment for any union official if the strike he or she has called disrupts essential services.

In addition, unions will be required to report any dispute to the Labour Cabinet Secretary and wait for 21 days before taking any action. If there is no resolution, they will give the CS a seven-day notice, with a schedule indicating who will be on duty to ensure that operations continue during the strike. 

Knut Secretary-General Wilson Sossion described the bill as “a savage attack on workers rights” addin that itmust be subjected to public participation.

And Meanwhile, the Executive Director of the Federation of Kenya Employers, Ms Jacqueline Mugo, said the exclusion of employers and workers’ representatives from tripartite labour  boards does not portend well for labour relations in the country.  for the country.

“In our view, the amendments proposed are not miscellaneous but fundamental.  These proposed changes have a wide ranging impact on the management of the labour market and therefore need proper stakeholder consultations and engagement in line with the spirit of our national Constitution and International Labour Organization Conventions.

 Essential services according to the Bill

-Water services.

-Electricity services.

-Health care services.

-Hospital services.

-Sanitary services.

-Air navigational services.

-Meteorological services.

-Fire services.

-Supply and distribution of fuel, petrol, oil, power and lighting services

-Telecommunications services;

-Marine and port navigational services.