In the second module of the Virtual Masterclass Training programme, the Federation of Kenya Employers (FKE) continued to engage members on managing employment contracts during and post-Covid- 19.
This module reviewed the approaches and processes of managing employment contracts specifically; acting appointments, promotions and demotions, suspension of terms and conditions of employment as well as the variation of terms in light of the disruptive nature of the pandemic.
The interactive training session provided real-time examples emanating from previous cases handled on behalf of members and the court rulings on similar issues.
The facilitators guided members to ensure these areas are clearly spelt out in their Human Resources Policies and Procedures to address emerging disputes. It was noted that employers remain exposed in cases where their Human manuals or contracts of employment are vague or unclear. "In this season, there is room for parties to negotiate the inclusion of clauses that can improve relations where parties feel constrained," said Mr. Moses Ombokh, Senior Industrial Relations Officer, FKE.
The legal instruments guiding all the processes include the Employment Act and other Labour laws, Policy documents like Human Resources Manuals, Sector Specific Guidelines, Memorandum of Understanding, Collective Bargaining Agreements, Recognition Agreements and unwritten practices recognized by employees
Participants discussed emerging industry trends and challenges exposed by Covid-19 such as inclusion of a clause on Force Majeure. Other concerns were on outsourcing as a form of employment and the use of social dialogue in managing the crisis and its impact on enterprises and livelihoods.
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