Lessons on how to resolve labour issues in the country

Doctors demonstrate in Nairobi last year. Medics staged a two-week strike last month agitating for the shelving of decentralisation of health services. FILE

By  Edward Kahuthia

Last year saw dozens of strikes by workers across different sectors in the country. All actors in the labour sector can learn a few lessons that could tame the upheavals in the labour market witnessed in the last year.

First among these lessons is that there will be no tranquility in labour relations if the country continues to shy away from a genuine debate on wages for workers.

 

The government continues to set a minimum wage that makes no sense placed against the reality of the cost of living.

The employer continues to insist that the worker is paid by the product and therefore the government should be careful not to impose wage figures that cannot be supported by market forces of demand and supply or “discourage investment”.

The result is that workers toil merely for survival and sustenance needs. What else can be expected of a minimum wage of the current Ksh 4 854 for an employee in the agricultural sector?

Does the minimum wage help or oppress the worker? All an employer needs to do is comply with the law that already sets the minimum wage oppressively low. Perhaps employers should attempt what Henry Ford advocated for – paying workers wages that enable them afford what they produce.

Another lesson from the past year that will encourage workers to stay on the job this year is respect for collective bargaining agreements (CBA).

Challenge

We have witnessed none other than the government itself renege on what it has appended its signature to in black and white. Unions also have an additional challenge of ensuring that what they agree on at the negotiation table reflects the aspirations of the general workers they represent.

It is common to find signed CBAs that are contrary to written law and therefore illegal and void but still in force.

Trade Unions are not beyond reproach. Someone must watch the watchdog. 2014 should hopefully give us more accountable and internally democratic trade unions.

Trade unions must account for the millions received from members and open doors for more women in the upper echelons of trade union leadership. There must be an end to some union officials quickly backing down from firm stands at the earliest invitation to corruption and personal gain out of trade disputes.

Lastly, in addition to not being a violator of labour rights, the government must do better in playing its oversight role.

It must fund the Ministry of Labour better, revive labour inspection and deal with corrupt labour officers. Article 21 (1) of the Constitution is unequivocal on who has the fundamental duty to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. It is the State.

The writer is an advocate of the High Court