Employers risk a Ksh 500K fine and a year jail term for transferring employees without consulting
Proposal to have employers pay a fine of Ksh500,000 and face up to one-year imprisonment for transferring employees without consulting them
Proposal to have employers pay a fine of Ksh500,000 and face up to one-year imprisonment for transferring employees without consulting them.
According to a bill proposed by Kimilili MP Didmus Barasa, the Employment (Amendment) Bill 2023 suggests that organizational employers who break the law face a punishment of up to Ksh500,000.
Meanwhile, single employers risk both paying the Ksh500,000 fine and the 1-year jail term for the same offense.
The lawmaker 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.
“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, every business will have to create and execute a policy on employee transfers.
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Additionally, the company will be required to pay the employee’s transportation costs and a salary advance during the transition.
“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.
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