What does the tripartite MOU mean?
The 8th Webinar by the Federation of Kenya Employers sought to unpackage for members the recently signed Memorandum of Understanding (MoU) between the Federation, Ministry of Labour and Social Protection and the Central Organization of Trade Unions. The MoU gives employers freedom to reopen discussions with their employees or unions on any challenges facing them during the pandemic period. It provides a framework for consultation and cooperation to enhance fairness and avoidance of arbitrary ways of managing employer - employee relations.
What does it entail?
1.Reporting of infection cases as required by the Government
2.Data Collection this calls for cooperation in nationwide collection of desegregated data
3.Government Interventions:- Stimulus packages, Retention of the Minimum Wage as per legal Notice 2, Regulation of Wages (General Amendment) Order 2018
•Allows parties to vary terms of existing contracts through social dialogue
•Adopt painful but necessary policy measures such as suspension of CBA negotiations, Suspension of implementation of terms previously negotiated, freeze on wage increments e.t.c.
•Mutually agreed terms to be put in writing and may be sent to the Ministry of Labour and Social Protection for formal recognition
•Some reviewed terms such as unpaid leave, alternate working days, reduction of pay shall not be construed as a break in employment.
5.Safety & Health at the Workplace
•Requires employers to provide for adequate PPEs at no cost to employees,
•Provide information & training on safety & health,
•Adhere to safety guidelines and measures from Ministry of Health (MoH),
•Refer Covid -19 cases to MOH provide for sick leave as per provisions in the EA
Ms. Jacqueline Mugo, the Executive Director, FKE who presented the instruments of the MOU noted that the document was a voluntary mechanism for managing industrial relations during these turbulent times. She echoed the Social Partners commitment towards its actualization.
The Webinar notified members that the Courts were open to attend to particular functions like urgent matters, follow up on rulings and court mediation among others The Federation of Kenya Employers continues to encourage employers to incorporate Alternative Dispute Resolution (ADR) methods into their employment contracts moving forward, so as to resolve any disputes that may arise through mediation and social dialogue for a win - win outcome.
Members are advised that the FKE Industrial Relations and Legal Services are still open and members can access the offices for direct assistance through the following