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Kenyan employers who call or text workers on weekends, evenings may be jailed

A Bill that has been introduced in Kenya’s parliament seeks to jail and or fine employers who call or text their employees during weekends and evenings.

Named "Employment (Amendment)" Bill, 2021, its main purpose is to ensure that employees enjoy the right of having their personal time and privacy respected. It is also aimed at addressing increased employee burnout.

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The Bill was introduced by Nandi senator Samson Cherargei, according to Tuko.co.ke.

“An employee may disconnect from their employer. An employer may contact an employee during out of work hours if such contact is necessary to address an emergency,” the lawmaker said as quoted by the news website.

If passed into law, employees will be protected against reprimand, punishment, or any disciplinary action if they disregard work-related communication during out-of-work hours.

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"Where an employer contacts an employee when there is no mutually agreed out of work hours, the employee shall not be obliged to respond and shall disconnect; or may choose to respond, for which the employee may get compensation," the Bill proposes, according to Tuko.co.ke.

Any employer who violates the law if eventually passed commits an offence and is liable, on conviction, to a fine not exceeding KSh 500,000 or to imprisonment for a term not exceeding one year or to both.

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