|

6 Strategies For Handling Employees Within The Law

Do all companies protect the rights of their employees?

Probably most are, because the law protects the rights of employees. This means that the HR professionals should ensure that they understand essential law concepts, develop and implement the best labor practices.

The employees’ rights that should be observed include the right to rightful termination, reasonable working conditions, entitlement to leave days and maternity leave, and due process on termination on account of redundancy.

If employees’ rights are protected, there would be harmony in work place. Trade unions have played a crucial role in protecting employees’ rights in Kenya.

So what are the strategies for handling employees within the law?

Here are the 6 best practices

1. Focus On Helping Employee Not Discriminating

Employees should not be discriminated against their sex, age, race, religion, or color. Employees should not be harassed sexually or fired without lawful procedures.

All employees should be treated fairly and equally and there should be a discussion on how to improve working conditions. All human beings are born equal and are equal before the law hence everyone has the right to fair remuneration for equal value.

2. Not Penalizing Employees for Taking Protected Leave

Employees are entitled to take time off from work for reasons which include the birth of their child or to take care of serious health conditions.

Section 27 of the Kenyan employment ACT 2007 provides that every employee should be entitled to at least one day of rest every seven days. The employees should therefore not be punished for taking such leaves.

3. Complying with The Laws

HR professionals should be aware of employees’ rights and they should comply with federal laws. Developing skills in Labour laws helps HR professionals to remain compliant with labor laws in Kenya and avoid costly non-compliance costs and lengthy litigations.

4. Compensating The Employees Overtime

Sometimes, employees may be called upon to work extra hours especially when there are deadlines or sensitive projects that need to be completed.

The number of hours of employees should be kept on track, be compensated, and be permitted to take any break times mandated by state and federal law. Some employees may be exempted from working overtime and therefore HR and other compliance personnel determine which employees to exempt.

5. Not Penalizing Employees for Refusing to Work in Unsafe Conditions

Worker safety should be prioritized hence the employees should not be discouraged from using proper safety precautions.

 Employees have the right to work in safe conditions and they should not be penalized for refusing to work in unsafe conditions or for exercising their right to worker’s compensation.

If employees are injured during work, they should be entitled to compensation which includes time off.

6. Handling Disciplinary Cases In An Organized Manner

Disciplinary and sensitive matters in every organization are what HR professionals deal with every time. They should consistently deal with those cases to make things run smoothly. Everyone involved in such matters should be aware of what the policies say. They should also understand obvious rules and complying with them.

Final Thoughts

Observing employee rights in Kenya is important as it protects employees from exploitation AND IT guarantees job security for employees. Employees should be treated fairly and equally based. Employees have the right to exercise their rights without any retaliation.

Want to understand more about labor laws and remain compliant?

Join this practical labor laws course and get to understand an overview of the complex legal issues of the employment relationship in Kenya and key legal provisions in employment.