Kenya
Recruitment of workers
Impact date: Awaited. Currently under consideration in the Senate The Labour Migration Management Bill, 2024 is a Bill that was introduced by the Senate. The Bill was first published on 21 March 2024 as Kenya Gazette Supplement No. 72 (Senate Bills No.16) and is intended to regulate private employment agencies and the recruitment of workers both within and outside Kenya. The primary objectives of this Bill are to promote safe, fair, ethical and orderly recruitment of workers, protect the rights of job seekers, enhance coordination of labor migration governance in Kenya, enhance transparency and flexibility in labor migration and promote overseas employment among other objectives.
Employer implications/action needed Once the Bill is passed private employment agencies will need to ensure they comply with the registration requirements and practices laid out in the Bill.
Employer risk An employer found to be in contravention of the provisions of the Bill, once implemented, will be liable to a general penalty in the form of a fine not exceeding KES 1,000,000/- or to imprisonment not exceeding two years or both.
Regulation of private security employers
Impact date: Awaited. Currently undergoing public participation New Regulations are awaited that will regulate the mandatory training of the directors, partners, trustees, administrators, management staff and employees of private security firms. The Regulations will further provide that the Authority shall have supervisory powers over security training and assessment of persons employed in the private security industry.
Employer implications/action needed Employers in the private security industry should start to consider processes for the mandatory training of workers, including demonstrating proof by way of testimonials of undergoing continuous professional development courses annually.
Employer risk N/A
Link N/A
Labor Relations (Amendment) (No. 3) Bill 2024
Impact date: Awaited. It is yet to be gazetted and enacted into law. It is currently awaiting Presidential assent The Labor Relations (Amendment) (No. 3) Bill, 2024, has been introduced to the Senate and it aims to prohibit the deduction of agency fees from the wages of unionizable employees who are not members of a trade union but are covered by the union’s collective bargaining agreement. This amendment aligns with constitutional principles of freedom of association and the right to fair labor practices. The Bill also seeks to ensure fair labor practices for all unionizable workers and promote good governance, integrity, transparency, and accountability within trade unions and employers’ organizations. It also addresses issues related to the term of office for union officials and the requirements for registering a trade union.
Employer implications/action needed Employers will be required to cease deducting agency fees from non-union members covered by a union’s collective bargaining agreement.
Employers will also be required to review existing collective bargaining agreements to ensure they comply with the new provisions regarding agency fees.
Employer risk Employers may be liable for unlawful deductions from employees’ wages. Non-compliance could also lead to industrial action, such as strikes or work stoppages, which can disrupt business operations and employers may face penalties or fines imposed by labor regulatory authorities.
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