Emerging issues that occur in global employment laws affects the workplace in Kenya. The laws which entail local employment are found in the Employment Act. The commencement of this act was 2nd June 2008 and it provides terms and conditions of employment in Kenya.
Here are some of the emerging issues in Kenya;
1. Talent Management
Organizations should encourage innovation by embracing digitalization as this enables the organization to remain updated. This means that the right talent should be hired to manage digitalization well. Changes in technology may cause some positions be obsolete hence making employees irrelevant if they lack new skills. Embracing new technology makes organizations embrace changes and the employees will be forced to adapt to the changes.
The organization may face a challenge of how to handle labour issues when there are redundancy issues due to the use of technology since the law protects the employees from being sacked randomly but redundancy process should be procedural. In such situations, the employer should equip the employees with new skills through training even though it is expensive.
2. Workplace Diversity
Employees are from different generations with diverse needs and diversity in an organization comes in many ways including gender, religion, personality, and age. The employer should come up with policies that guide the management and staff on issues related to diversity. There are two groups of employees, those who are creative, visionary, and need flexible working hours but they find it difficult to adhere to rules and another group that stick to the rules. It is therefore prudent to have a generic employment agreement that takes into account individual needs.
3. Litigation Aspect
Litigation is the process of involving the court to solve a dispute. The court will make decision in regards to the disputed aspect of the case. Sometimes, employees may encounter unfair termination of employment. This is common and individuals who are aware of their rights and record their cases in court. Studies reveal that there has been an increase in labour cases at the Employment and Labour Relations Court where in 2010 and 2014, 500 and 2000 cases were filed in Nairobi respectively. This poses a question if this is an indication that employers know their rights or it is a sign of appropriate implementation of the labour laws.
4. Trade Unions
This is an association that regulates relations between employees and employers. Over the years, trade unions have evolved and have become less radical. Initially, there were series of strikes that paralyzed various sectors and the economy. Nowadays, negotiations between employers and employees in the event of a strike do not take as long as they used to. The Labour Relations Act has encouraged collective agreements to improve working terms and prohibit strikes.
5. Child Labour
Child labour involves children who are 15 engaging in work such as brick making, fishing, quarrying, hawking, mining, and other activities. Factors leading to an increase in child labour include poverty, lack of education, and change of family. Child labour should be controlled to prevent children from hazardous work and prevent them from working at a young age which may affect their safety and health.
Organizations should formulate policies and regulations that enhance good governance. As an employee, you should be aware of labor laws, and as an employer, remain compliant with labor laws to avoid costly litigations. Become knowledgeable in all things labour laws by registering for this Labour Laws Short Course today.N.B: 1.Dont Miss Out On Your Next Job. Let's Have Your CV. Upload Your CV Here. NB: 2. How Can I Advance In My Career?. Check Out Best Training For Your Profession.