Kenya

The ITUC affiliate in Kenya is the Central Organisation of Trade Unions (COTU(K)).

In practice

Freedom of association / Right to organise

Barriers to the establishment of organizations:

Workers promoted to management to keep unions at bay
31-12-2011

Senior managers of Kenyan banks have admitted that the banks promoted employees to management positions to deny them representation by unions for non-managerial staff.

Restrictions on trade unions' right to organize their administration:

Workers allowed to join unions in EPZs, but with restrictions
31-12-2009

Workers in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s) are theoretically allowed to join trade unions, but they still suffer appalling working conditions, and those who complain are threatened with the sack. Labour law does apply in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s; however, there are many exemptions. According to the Tailors and Textile Workers Union (TTWU), most firms based in EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s have refused to recognise trade unions and obstructed their efforts to organise workers. The Kenya Textile Workers’ Federation adds that getting workers to join a union is difficult because the managers at EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. companies use non-registered organisations to recruit casuals on their behalf.

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office:

Exclusion of nurses from the right to form a union
28-12-2012

The Kenya National Union of Nurses won a case against the Permanent Secretary for Medical Services with the Industrial Court holding on the 28 December 2012 that nurses have both the right to join a union and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Relevant ministries were instructed to meet and negotiate with the nurses and to reach a consensus within seven days. However, the Public Service Commission dismissed nurses who had participated in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in relation to the dispute, including for example those at Kakamega Provincial General Hospital. In February 2013, the Industrial Court issued another ruling on reinstatement and payment of pending salaries.

Trade union discrimination:

Nairobi County Government suspends 500 workers
30-09-2013

In September 2013, the Nairobi County Government suspended 500 workers, including union officials, for allegedly taking part in an unlawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Police used teargas canisters to disperse a protest calling for the implementation of a collective agreement concluded with the Nairobi County Government on 1 September 2012. The Interim County Secretary Lillian Ndegwa engaged private contractors and youth groups as replacement workers.

Anti-union discrimination
30-09-2012

In September 2012, more than 100 nurses were sacked at the Moi Teaching and Referral Hospital for participating in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The names of those dismissed were pinned on notice boards at the hospital and the nurses were asked to pick up their dismissal letters from the institution.

Others restrictions:

Arrest of trade union leader
31-10-2012
Trade unions under attack
31-12-2010

The Central Organisation of Trade Unions (COTU) has warned that the labour movement is under attack from multinational corporations that engage in cutthroat competition. As a result of privatisation many workers have had to re-apply for their jobs under new contracts, often with multinational corporations which usually require them not to join labour unions. The unions have lost members as a result. Furthermore, an increasing number of employees are on part-time, temporary and contractual basis, making union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. more difficult. At the Kenya Power and Lighting Company 5,000 of its 8,000 employees were employed on casual contracts. After a dispute erupted in September the company agreed to hire more workers on full time contracts.

Right to collective bargaining

Restrictions on the scope of application and legal effectiveness of concluded collective agreements:

Violations in EPZ
22-01-2014

In January 2014, the company “New Wide Garments” which operates in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. and employs more than 6,000 workers stopped deducing union dues in violation of a valid collective agreement. Even though the court ordered the company to comply with the collective agreement, the union did not receive dues for the month of December. Furthermore, management stopped paying workers during sick leave and failed to compensate workers for employment injuries and overtime work. As a result, workers decided to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action.

Right to strike

Barriers to lawful strike actions:

Government withholds salaries after teachers’ strike ends
18-07-2013

The Kenya National Union of Teachers (KNUT) signed a return-to-work agreement was signed on 18 July 2013 with the Government. The parties agreed that there would be no victimisation of any union member in relation to the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and that teachers would be paid their June 2013 salaries. As a result KNUT urged teacher to report back to work. However, the Government did not comply with its commitments and did not pay salaries for the month of June.

Undermining of the recourse to strike actions or their effectiveness:

Obstructing the right to strike
31-12-2010

In practice, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is frequently violated in Kenya. During the notice period, the Minister of Labour generally intervenes and proposes a mediator for the dispute. If the negotiations break down, the government usually refers the matter to an industrial court, pre-empting any decision to take strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. In cases where workers have become frustrated with the lengthy process and have decided to go ahead with a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, their action has usually been declared illegal. Employers won a court order declaring the tea pickers strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal in October.

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