Employers will pay a fine of Ksh500,000 and face upto 1 year imprisonment for transferring employees without consulting them if a new bill proposed by Kimilili MP Didmus Barasa sails through.
The Employment (Amendment) Bill 2023, proposes a fine not exceeding Ksh500,000 for organisational employers found to be violating the law. Meanwhile, single employers risk both paying the Ksh500,000 fine and the 1 year jail term for the same offence.
In his piece of legislation, the MP argued that employers have been arbitrarily transferring employees to the disadvantage of the latter.
The MP, particularly faulted the public service sector, which he stated is notorious for this trend.
Kimilili MP Didmus Barasa addressing residents on Thursday, April 27, 2023.
“The bill seeks to provide clarity on the modalities of transfer of employees in good faith and in a fair, rational manner that will benefit both the employee and the employer by preventing demoralization, dissatisfaction and family disintegration and disorientation on the part of employees, “Barasa added.
According to the bill, the transfer of an employee shall not break the contract between the employee and the employer unless agreed otherwise.
If approved, each employer will be required to develop and implement a transfer policy for its employees.
The employer will also be mandated to provide transport and salary advance to the employee who is being transferred.
“Such facilitation shall not be provided where the employee was transferred at their own request,” reads part of the bill.
When implementing a transfer, the employer shall take into consideration the interests of the employee, the skills and competencies, and the length and frequency of the transfer.
“An employee who is the subject of disciplinary proceedings, shall not be transferred until such proceedings are concluded and all mechanisms for appeal in the Constitution or any other written law have been exhausted,” reads part of the bill.
Through the new bill, the Labour Cabinet Secretary will be required to prescribe policies, regulations, measures, and mechanisms to effect the new guidelines.
Labour CS Florence Bore during annual prayers in Kericho on Saturday, July 8, 2023
Ministry of Labour