In the early days of the
Covid-19 pandemic in Kenya, there was a lot of trepidation on what to
expect. Projections based on
international trends expected high fatality and casualty rates. Partly because of the measures that the government put in place, the figures have not been as high as originally anticipated.
international trends expected high fatality and casualty rates. Partly because of the measures that the government put in place, the figures have not been as high as originally anticipated.
However, the proverbial curve continues
to rise and not flatten to give opportunity for the country to reopen
and pick up the pieces from the effects of the disease.
When
the initial measures were taken, focus was on saving lives. However, as
the President has since reiterated in his periodic addresses to the
nation, livelihoods too have been negatively impacted by the disease and
containment measures taken in response. One critical area is
employment.
Employment relationships are based on a
contract between the employee and the employer, which sets out the terms
and conditions of engagement. The Employment Act provides legal
framework for this relationship, guaranteeing that it will be based on
mutual agreement and objectivity.
The law lays down
circumstances under which the relationship may end. But numerous
disputes arise every day. To ensure that when parties cannot resolve
such disputes amicably amongst themselves, they have a dispute
resolution forum, in 2010 the former Industrial Court was converted to
the Employment and Labour Relations Court when the country adopted a new
Constitution.
Despite these elaborate provisions, nothing could have prepared
the country for the disruption to the employment relationships by the
pandemic and the required response measures. Government facilities
downscaled their operations and so did private businesses.
Government
efforts to address the challenges to the employment relationship have,
however, not fundamentally eased the burden on several sectors of
society. The challenge is not just in Kenya, to be fair.
Kenya
initially lowered the taxation rates to give relief to citizens during
the period of Covid-19 pandemic and then maned some adjustments to the
laws. The Senate too has been grappling with a law on the pandemic,
which includes provisions on protection of the employment relationships
during the period. Despite this, there are frequent reports of layoffs
and other sufferings by employees.
One group that has
not received as much attention as is necessary are teachers in private
schools. While there have been measures to deal with the hospitality
industry and thus cushion employees from massive job losses, there has
been no mention about the plight of this other category of employees in
the country.
Due to past policy failures, public
schools suffered from several years of neglect and under-investment.
Consequently, private schools mushroomed all over the country, becoming a
central part of the country's education system.
The
current crisis demonstrates the danger of privatising basic public
goods, with education being one of them. This is a policy issue that
requires urgent and comprehensive intervention.
However,
responses to the pandemic have required the government to address all
facets of the economy. In the education sector, though there has been
sole focus on public schools.
Many of the private
schools, especially the smaller ones, rely solely on termly payment of
fees from parents to ensure that expenses are met, including salaries
for staff. The closure of schools was initially a temporary setback.
However, its persistence into the start of the second term of schools
threw many of their hopes into disarray. Many of the staff in these
institutions have either been sent on unpaid leave or are in a state of
limbo without any clear communication.
The lesson for
businesses is to have savings for a rainy day. To plan on the basis that
schools will always operate, while traditionally accurate has now been
shuttered. Every business must consider what is called acts of God,
which issues beyond human control. But these are future lessons. For
now, the government should factor in this sector and its employees in
its planning.
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