Union Publications on Industrial Relations

The Labour Relations Act defines a trade union as “an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers’ organization”[vi]. We have witnessed various trends amongst the Trade Unions. Trade unions have evolved over the years and appear to become less militant- we are reminded of the year 1998 when the country was marred with a series of strikes such as the Kenya Bankers’ strike in March 1998 which almost paralyzed the banking sector and the Kenyan economy at large for an estimated 14 days, and the Kenya National Union of Teachers strike in October 1998 that went on for about a month and which brought the education sector to a standstill amidst the commencement of the national examinations for the Kenya Certificate of Secondary Education. The underlying issue was that whilst the law was clear on strikes there was a level of impunity in implementing strikes despite them being declared illegal by the then Ministers of Labour  in the aforesaid eras. Does this mean that the Trade Unions have appreciated and accepted the labour law practices as they are now?

As opposed to the past experiences, today, negotiations between employers and employees in the event of strike do not take as long as they used to. There are fewer protracted stalemates. Presently, the only strikes that have maintained their past demeanor are mainly those that involve the government as the employer, as was seen in the recent nationwide teacher’s strike by the Kenya National Union for Teachers. Notably, the Labour Relations Act has facilitated collective agreements- for better working terms- and provided for prohibited strikes and lock-outs[vii] which would explain the decline in the strikes by employees in various sectors.

Child Labour

Glaring traces of the worst type of child Labour still continue to haunt the Kenyan society to date even over fifty (50) years since the country attained its independence. It includes child involvement in work such as herding, fishing, production of charcoal, quarrying, making bricks, sand mining, domestic helpers, street begging and hawking, recruitment to ethnic militia’s and extremist groups, drug trafficking and child prostitution, amongst others. The changing political, economic and cultural environments have a huge role in its existence. More particularly, increase in poverty levels, changing family values and lack of educational facilities are among the major factors that contribute to the worst form of child labour. It should, however, be noted that child labour is not in the strict sense prohibited however it has to be controlled to ensure that children do not start working at a very young age and are not exposed to hazardous work – work that can jeopardize their safety, physical, mental and moral health.

Kenya has ratified the International Labour Organisation Convention No. 138 on the minimum age for admissions to employment and work which sets out the minimum age as follows:

1. Hazardous work: Minimum age is 18 (16 under strict conditions)
2. Basic Minimum age: Should not be below the age for finishing compulsory schooling and in any case not less than 15.
3. Light work: Children between the ages of 12-14, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training.

There is a growing concern amongst corporate and business entities to maintain their image and reputation whilst carefully tackling the issue of child labour in their supply chain. It is in this premise that the aforesaid entities now seek to adopt the use of the United Nations Guiding Principles on Business and Human Rights, as endorsed by the UN Human Rights Council in June 2011[viii], to provide guidance on how they can prevent child labour and contribute to child labour remediation, whether in their own operations or in their supply chains, through appropriate policies, due diligence and remediation processes.

The above three sub-topics provide highlights of some of the top emerging trends in the labour sector. The potential increase in litigation could in some quarters be deemed to be a negative development since it appears to make the labour sector difficult. On the contrary, it ought to be looked at as a positive development since it strives to protect the interests of employers and employees, bring structure which and in the long run creates conducive working environments. Ultimately, better employment and labour related structures are created and work policies get more standardized which can only have beneficial a spill-over to the wider economy.