Trade unions want Labour issues addressed by ministry

COTU SG Francis Atwoli with CS Ministry of Labour and Social Protection Dr Alfred Mutua on August 20, 2024, at Upper Hill, Nairobi. [Kanyiri Wahito, Standard]

Trade Unionists want labour-related issues addressed. In a meeting on Friday with Cabinet Secretary for Labour and Social Protection Alfred Mutua, they asked that labour laws be adhered to.

Speaking in Nairobi, during the pre-labour day reflection conference, the Unionists asked Dr. Alfred Mutua to ensure revival of wages councils, harmonization and review of existing labour laws, to be in harmony with the Constitution of Kenya 2010.

The meeting convened by the County Governance Watch delved into emerging issues affecting labour rights, decent work, collective bargaining, youth employability, emerging trends and the future of work in Kenya.

Collectively, they have decried critical gaps such as challenges in the implementation and enforcement of collective bargaining agreements.

The Unionists have observed delays in registration of CBAs, non-implementation of agreed terms and impasses in negotiations between employers and trade unions, leading to labour unrest.

Kelvin Osido, the Executive Director of County Governance Watch, alongside other labour organizations, called upon the ministry to strengthen the enforcement and monitoring mechanism of CBAs.

They have lamented that the SRC's advisory role in salary regulation for public sector unions, as well as its interference in collective bargaining processes, continues to create friction.

“We request the CS for labour to facilitate an engagement between SRC and public sector unions, to create a working relationship,” said Mr. Osido.

According to Osido, the six-point communique highlighting their pressing needs was arrived at after careful deliberation amongst 24 labour Unions and trade organisations.

In the Communique handed over to the labour CS, Weak enforcement of labour laws was highlighted.

“The forum noted instances of policy contradictions, disregard of rights to unionised workers, especially in the managerial and supervisory grades, and the proposed removal of agency fees through legislation which is currently before the Senate and threatens union sustainability and collective representation,” said Ralph Okal, a Trade Unionist.

Another concern was the freezing of employment and inadequate integration of special interest groups. Unions decried the ongoing trend of recruitment and promotions into top-level positions in the public sector.

“This freeze on lower-tier employment disproportionately affects young professionals and graduates,” said Mr. Okal.

The ineffectiveness in workplace inspection and enforcement of occupational safety standards was also highlighted as a critical concern for the labour ecosystem.

The Cabinet Secretary Alfred Mutua has committed to ensuring that his officers inspect the workplaces, as numerous workers across the country have been subjected to injuries.

The representatives have said they are equally perturbed at the slow pace at which Kenya ratifies and domesticates key International Labour Organisation conventions.

They have called upon the CS Labour to fast-track the ratification of pending international conventions and align national policies with international labour standards.

“The selective policy implementation limits alignment with global labour standards and undermines the country's credibility and protection of workers' rights,” said Mr. Osido.

KMPDU deputy Secretary General, Dr. Dennis Miskellah, while speaking at the conference that doubled up as the County Governance Watch 10-year anniversary celebration, said that the issue minimum wage has denied many Kenyans access to key medical service, “We don’t have medical covers in the counties because of the challenges of SHA”.

“We keep on saying that it's not out of our want as workers that we go on strike. A strike is something that we go to because it's the last resort that causes an employer to come to the table,” Dr. Dennis Miskellah.

While responding to the concerns of labour unions, Alfred Mutua noted that Labour, while critical to the economy, has not been given the standing that it should have.

“Labour is a very important factor. I've looked at some of the challenges that you face in unions and as employees in the working environment, and I'll be announcing new measures about the working environment, for a better working environment,” CS Labour and Social Protection, Alfred Mutua.

He notes that there is a need to address the working hours in the country, “they are set, but are they enforced? We all need to agree so that anything beyond the certified or regulated working hours becomes overtime”.

Highlighting the need for a predictive salary, he has challenged unionists that a good salary is directly proportional to economic factors and, by extension, the level of production.

Additionally, he noted that the issue of contracts is critical in labour issues and needs to be solid. “A lot of problems and a lot of things arise from weak contracts. There is a need to have a program to enlighten workers”.

Mutua has told the unions that they can work together to get a balance between the rights of the employer and the rights of the employee. He urged them to consider dialogue before going on strikes.