Business Daily (Nairobi)
Mwaura Kimani
19 February 2008
Private sector employers have not implemented a new labour law that provides for enhanced maternity leave and a two-week paternity rest for employees, setting the stage for an epic battle with the unions.
Industry insiders say that while the government - as an employer - had posted notices directing all departmental heads and managers of State corporations to bring the law into force immediately, private sector employers were preparing to launch an aggressive campaign for repeal of the law.
The law that Parliament passed in October last year and came into force on January 1 provides for 90 days maternity leave and 10 days paternity leave for all employees across the board. More than 400,000 public service employees are already enjoying the benefits of the new legislation.
Employers' lobby - Federation of Kenya Employers (FKE) - is, however, rooting for a return to the old law where mothers are only entitled to a two-month leave besides the 21-day annual leave.
A circular seen by Business Daily from the Public Service Permanent Secretary, Mr Titus Ndambuki, says all female employees are entitled to three months paid maternity leave, plus the annual leave, effective January 1, 2008. This means a female employee could be out of work for more than four months in a year.
The circular dated January 15 also directs departmental heads to grant male employees whose spouses are on maternity leave 10 days paternity leave. "Workers are advised to show a copy of this memo while applying for maternity or paternity leave," the circular says.
Mr Ndambuki further warns against "forcing female employees to forfeit the annual leave, after taking the maternity leave." The circular is copied to Attorney-General Amos Wako, the Teachers Service Commission, Clerk to the National Assembly, Provincial and District Commissioners.
FKE through its executive director, Jacqueline Mugo, however said the lobby had written to Mr Wako, protesting against former Labour minister Newton Kulundu's notice that brought the law into force, terming it illegal.
"The minister has not issued the rules and regulations governing the enforcement of the new laws yet he has backdated effective dates, which we see as one of the legal technicalities," FKE says in the letter to Mr Wako.
Mrs Mugo reckons FKE would wait for a reply from the AG before issuing any communication to its members on the matter.
Analysts said the laws have brought into the labour market new provisions that were likely to trigger turbulence at the work-place.
Employers say the new measures would increase production costs making it difficult for them to recover from the post-election turmoil and compete effectively in the regional market.
Employers country-wide are grappling with high costs following staff displacement. Thousands of workers have also been retrenched dimming the labour market prospects in an economy that is estimated to have grown by seven per cent last year.
A recent PricewaterhouseCoopers survey predicted that salaries would increase by 7.8 per cent and 7.1 per cent for the management and non-management staff respectively this year. Analysts, however, are doubtful on this pointing to the damage done to the economy by post-election crisis.
FKE has been holding workshops with employers to share contents of the new laws to enable them prepare for the transition. But it remains opposed to a number of provisions that it wants amended when the 10th Parliament starts work.
The storm leaves Kenyan workers in a dilemma, especially in the private sector, where majority are hired on short-term contracts, battle production quotas for long working hours under poor working conditions and low wages, often without maternity or sick leave, housing or medical allowances.
Others are denied right to join trade unions and basic services like water while some are victims of reported sexual harassment at the workplace.They face stiff penalties for mistakes, work for between eight and 12 hours daily to meet the quotas.
Their daily pay is between Sh120 and Sh160 but a percentage is deducted ostensibly for social security or hospital insurance contributions, which rarely benefit them. They include house-helps, watchmen, matatu touts and building and construction workers.
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