New bill seeks to bar employers from calling staff after working hours

Cherargei proposes, in the Employment (Amendment) Bill, 2021, that an employee be granted the "right to disconnect" from their employer.

The bill's primary goal, according to the firebrand, is to give 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," read part of the Bill.

He claims that the bill will strike a balance between work and personal life, thereby improving workers' quality of life, which is supported by employers.

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

Cherargei wants employers to establish a policy outlining the circumstances under which the right to disconnect may be waived, as well as the circumstances under which an employer may contact an employee during non-working hours.

He also states that no disciplinary action should be taken against an employee who chooses to ignore a call after working hours.

Those who violate the aforementioned law, according to Cherargei, will face a year in prison and a Ksh.500,000 fine.

"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.

According to a Twitter poll conducted by Citizen Digital, 81.5% of people support the Bill, while 18.% oppose it. The same  ratio reflects on YouTube.

Some of them flocked the comment section to air their sentiments;

One wrote "I think there's terms and conditions between employee and the employer. To me it's a no."

"Siwezi shika simu after working hours aki. I'll respond when I clock in," another added.

"Terms of employment should be guided by the contract between the employee and employer," said another.