The document discusses Kenya's Labour Relations Act and key aspects of labour laws in Kenya such as:
- Employees' right to freedom of association including forming and joining trade unions.
- Requirements for registering trade unions which include having a constitution, office address, and minimum number of members.
- Roles of trade unions such as collective bargaining, informing members, and representing workers.
- Limitations of trade unions like potential unemployment, lost productivity, and wage inflation.
- Collective bargaining agreements which are written contracts between trade unions and employers regarding employment terms.
The document discusses Kenya's Labour Relations Act and key aspects of labour laws in Kenya such as:
- Employees' right to freedom of association including forming and joining trade unions.
- Requirements for registering trade unions which include having a constitution, office address, and minimum number of members.
- Roles of trade unions such as collective bargaining, informing members, and representing workers.
- Limitations of trade unions like potential unemployment, lost productivity, and wage inflation.
- Collective bargaining agreements which are written contracts between trade unions and employers regarding employment terms.
The document discusses Kenya's Labour Relations Act and key aspects of labour laws in Kenya such as:
- Employees' right to freedom of association including forming and joining trade unions.
- Requirements for registering trade unions which include having a constitution, office address, and minimum number of members.
- Roles of trade unions such as collective bargaining, informing members, and representing workers.
- Limitations of trade unions like potential unemployment, lost productivity, and wage inflation.
- Collective bargaining agreements which are written contracts between trade unions and employers regarding employment terms.
Introduction-Application This Act shall not apply to any person in respect of his employment or service— (a) In the armed forces (Kenya defence forces) (b) In the Kenya Police, the Administrative Police Force, the Kenya Prisons Service and the National Youth Service, or in any reserve force or service thereof.
2 Employee’s right to freedom of association (1) Every employee has the right to— (a) Participate in forming a trade union or federation of trade unions; (b) Join a trade union; or (c) Leave a trade union. (d) Participate in lawful activities of the trade union the employee belongs to; .
3 e) Participate in the election of officials and representatives of a trade union which the employee belongs to; f) Stand for election and be eligible for appointment as an official of the trade union the employee belongs to
4 Establishing a trade union or employers’ organization • "Trade union ” means an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers’ organization.
5 • "Employers’ organisation” means any number of employers associated together for the purpose of regulating relations between the employers and their employees or the trade unions representing those employees.
6 Application to register a trade union • A trade union or employers’ organization shall apply to the Registrar for registration within six months of receiving the initial certificate of establishment.
(a) The trade union has a certificate of the initial establishment issued by the registrar (b) The trade union has adopted a constitution for the trade union
8 (c) The trade union has an office and postal address within Kenya; (d) No other trade union already registered is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration • (e) Only members in a sector specified in the constitution qualify for membership of the trade union;
9 (f) The name of the trade union is not the same or similar to that of an existing trade union (g) The decision to register the trade union was made at a meeting attended by at least fifty (50) members of the trade union; NB. 1. At least four members incase of registering an employers’ organization 2.Federation: the federation was established at a meeting attended by the representatives of at least three members of the trade unions or employers’s organization championing for the registration of the federation. Advancing Knowledge, Driving Change | www.kca.ac.ke 10 (h) The trade union is independent from the control of any employer or employers’ organizations (i) The trade union’s sole purpose is to pursue the activities of a trade union.
registration of a trade union, employers’ organisation or federation if the Registrar is satisfied that the trade union, employers’ organisation or federation if—
12 Grounds for suspension/cancellation a) was registered as a result of fraud, misrepresentation or mistake; (b) is operating in contravention of the law e.g. does not file returns. (c) is being used for an unlawful purpose e.g. corruption, criminal activities etc. (d) has failed to conduct elections in accordance with the requirements of its constitution (e) is not independent e.g. joins an employers’ organization or political party. Advancing Knowledge, Driving Change | www.kca.ac.ke 13 Roles of trade unions
1. Collective Bargaining: Trade unions were
developed to grant employees equal bargaining power with their employers, who traditionally had the ability to exclusively set the terms and conditions of work and pay. 2. Informing and consulting: trade union informs and consults with members about broader business and workplace issues on a regular basis.
14 3. Representing workers at disciplinary and grievance hearing: Employees have the right to be accompanied by a representative at a disciplinary or grievance hearing. 4. Employee Welfare: Unions have successfully fought for better terms and conditions for workers such as higher wages, work-life balance, job security and protection from arbitrary action by employers.
15 5. Legislation: Unions also play a key role in lobbying for development of labor laws and regulations for effective worker protection. 6. Productivity: Trades unions can help to negotiate and implement new practices which motivate employees to improve productivity e.g. training.
16 7. Increase wages for its members: Industries with trade unions tend to have higher wages than non- unionized industries. 8. Conflict resolution: If the trade union is on board, it can help create good working relationships between the employers and workers hence reducing conflicts between the two parties.
17 9. Improved Job Security: Trade unions ensure that employees are not fired randomly without following the law and hence they create job security for members. 10. Employee training/sensitization: Trade unions should train/sensitize their employee employees on their rights and obligations in the workplace.
competitive and trade unions are successful in pushing for higher wages, it can cause disequilibrium of wages in the market and thus a potential for unemployment (classical unemployment).
19 2. Ignore non-members: Trades unions only consider the needs of its members; they often ignore the plight of those excluded from the labour markets, e.g. the unemployed. 3. Lost Productivity: Trade unions can encourage workers to go on strike hence causing a decline in revenues to the organization. The organization may go out of business and be unable to employ workers at all. Advancing Knowledge, Driving Change | www.kca.ac.ke 20 4. Wage-inflation: If unions become too powerful they can bargain for higher wages above the rate of inflation. If this occurs it may contribute to general inflation in a country and hence poor economic growth. 4. Hard Workers Are Devalued: Fair wages implies that all employees at the same level are paid the same. This is very bad for a business because some workers simply deserve higher pay than others due to their productivity.
21 • 5. A System of Abuse: In today’s modern times, the labor union systems are greatly abused. Some trade unions have turned political and rarely represent the interests of trade employees but their self-interests and political agendas.
22 • 6. Group thinking mentality: This is a situation where members become reliant on groups in making every decision. This decisions made by the groups may not be the best but members will accept the decisions in order to show solidarity or conformity to the groups norms.
23 COLLECTIVE BARGAINING AGREEMENTS • Collective agreement:- a written agreement concerning any terms and conditions of employment made between a trade union and an employer, group of employers or organization of employers
24 Collective Bargaining Process • 1. Choosing a negotiation team - Choosing a negotiation team and representatives of both the union and employer. Both parties should be skilled in negotiation and labor laws, and both examine available information to determine whether they have a strong standing for negotiation.
25 • 2. Ground rules - Both parties meet to set ground rules for the collective bargaining negotiation process e.g time allocation to each party, scope of the negotiation etc. • 3. Proposal - Both representatives make opening statements and their argument outlining options and possible solutions to the issues at hand.
26 • 4. Bargaining - Following proposals, the parties discuss potential compromises, so as to create an agreement that is acceptable to both parties. If an agreement is achieved, it becomes a “draft” agreement, which is not legally binding, but a stepping stone to coming to a final collective bargaining agreement. If an agreement is not reached then the meeting is postponed for further consultations
27 • 5. Final Agreement - Once a draft agreement is made between the parties, it must be put in writing. The final collective agreement shall be signed by— (a) The chief executive officer of any employer organization that is a party to the agreement or a representative designated by that person; and
29 6. Registration of collective agreement (1) Every collective agreement shall be submitted to the Industrial Court for registration within fourteen days of its conclusion. (2) The employer or employer’s organization which is party to an agreement to be registered under this section shall submit the agreement to the Industrial Court for registration. (3) If an employer or employers’ organization fails to submit the collective agreement to the Industrial Court within fourteen days, the trade union may submit it.
30 NB. A collective agreement becomes enforceable and shall be implemented upon registration by the Industrial Court. The terms of the collective agreement shall be incorporated into the contract of employment of every employee covered by the collective agreement.
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