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Insights

Labour Day 2020

Today, Kenya joins other countries around the world to celebrate the International Workers’ day also commonly referred to as Labour Day.  This day is dedicated to commemorating the struggles, contributions and achievements of workers around the world.

In the years past, Kenyan workers would gather at Uhuru Park to celebrate this momentous day with the day’s highlight being an address from the Head of State on the issues affecting the working class.  Workers would eagerly look forward to an announcement on the increment of the minimum wages.

This year, the day is being commemorated in the wake of the COVID-19 pandemic. Mitigative steps have been put in place to reduce the adverse effects of the pandemic on the Kenyan worker.

We reflect on some of the intervening measures taken to safeguard the Kenyan worker.

  1. Reduction of Income Tax Rate (Pay-As-You-Earn) from 30% to 25% and 100% Tax relief for persons earning a gross monthly income of up to Kshs 24,000

These reductions are geared towards shielding the Kenyan worker from      exorbitant taxation during this period. The Tax Laws (Amendment) Bill 2020 was signed into law on 25th April 2020.

 

  1. The upscale of justice delivery through the use of technology.

Many employees have been coerced to take pay cuts contrary to their contracts of employment, others have been terminated or declared redundant unlawfully while others are grappling with discrimination at the workplace arising from contracting Covid 19 virus. Employment courts are now hearing and determining employment suits electronically.

 

  1. Manufacturing Protective Personal Equipment (PPE) locally for self-sustainability and income generation for Kenyan companies.

 

  1. The Pandemic Response and Management Bill, 2020 proposes to protect employees by prohibiting termination of a contract of service, dismissal or coerced salary cuts in the wake of a pandemic. The Bill proposes that instead, an employer should permit an employee to take unpaid leave.

The Pandemic Response and Management Bill, 2020 is intended to provide a legal framework for a coordinated response and management of activities during a pandemic; temporary measures and relief during a pandemic. PART VI— provides for the socio-economic Protective Measures. It is coming up for the second reading on the 20th May 2020.

 

Happy International Worker’s day!

 

The Pandemic Response and Management Bill, 2020 can be found here.

Please contact us at info@cfllegal.com  should you require further information.

                 

Contributors:

Billy WesongaDorcas SaviniLorna Mbatia
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