New Bill Seeks to Bar Kenyan Employers from Calling Employees After Working Hours

Nandi Senator Samson Cherargei has tabled a new bill that seeks to bar employers from contacting their employees after working hours.

The Employment(Amendment) Bill, 2023, seeks to give an employee the “right to disconnect” from their employer, Senator Cherargei says.

The second-time senator says the primary aim of the bill is to grant employees the right to “disconnect” in the digital age and to address the rising number of employee burnout cases.

“This Bill seeks to address increased employee burnout. Digital connectivity has also been noted to be slowly eroding leisure time for employees hence affecting their work-life balance,” reads part of the Bill.

He further argues that the law will strike a balance between work and personal life, hence improving workers’ quality of life.

Cherargei stated that his recommendations will create a suitable work environment, citing Section 27 of the Employment Act of 2007.

The senator wants employers to come up with a policy outlining the circumstances under which the right to disconnect may be waived, and the circumstances under which an employer may contact an employee during non-working hours.

He says that no disciplinary action should be taken against an employee who chooses to ignore a call from the employer after working hours.

Cherargei recommends a year in prison or Sh500,000 fine or both for those found culpable of violating the law.

“A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year or to both,” reads the Bill.