EFFECTIVE LABOUR RELATIONS IN THE PUBLIC SERVICE · Effective Labour Relations Labour strikes in the public sector since 2010 TRADE UNIONS NUMBER OF STRIKES Kenya Medical Practitioners,

Effective Labour Relations

EFFECTIVE LABOUR RELATIONS IN

THE PUBLIC SERVICE

PRESENTATION

BY

ENG. PETER TUM

PRINCIPAL SECRETARY

STATE DEPARTMENT FOR LABOUR

MINISTRY OF LABOUR AND SOCIAL

PROTECTION


OUTLINE

Part I: Concepts in Labour Relations

Part II: Situational Analysis

Part III: Recommendations

Part I: Concepts in Labour Relations


Labour Relations

Labour Relations refers to

“a system in which employers, workers and their

representatives interact directly or directly

engage the government to set the ground rules

for the governance of work relationships.”


Fundamentals of Labour Relations

Ingredients:

Social Partnership between Employers and Workers

Tripartite Relations between Employers, Workers and Government

Societal Value System

o Human dignity

o Profits and Wealth creation

o Social Equity and Justice

o Solidarity and Work Organization

o Consultation and Disputes Resolution


Social Dialogue

Is defined by ILO to include -

“all types of negotiation, consultation or simply exchange of information between, or among, representatives of

governments, employers and workers, on issues of common

interest relating to economic and social policy. This may

exist as a tripartite process, with the government as an

official party to the dialogue.”

Tripartitism


Part II: Situational Analysis


13

51

26

45

35

114

95

53

15

30

0

20

40

60

80

100

120

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

NO.OFSTRIKES

(YEARS)

NUMBEROFSTRIKESBETWEENTHEPERIOD2010-2019

Current status of Labour relations


Comparison in strikes by Private and Public

sector labour unions

The chart above shows a representation of labour unions strikes in both

public and private sectors in the period 2010 to 2019


Labour strikes in the public sector since

2010TRADE UNIONS NUMBER OF STRIKES

Kenya Medical Practitioners, Pharmacists

and Dentists Union (KMPPDU)

4

Kenya Nurses Union (KNUN) 37

Universities Academic Staff Union (UASU) 4

Kenya Universities Staff Union (KUSU) 2

Kenya Aviation Workers Union (KAWU) 8

Kenya County Workers Union (KCWU) 4

Kenya National Union Teachers (KNUT) 5

Kenya Union of Post Primary Education

Teachers (KUPPET)

2

Union of Kenya Civil Servants Union (UKCS) 1

Dock Workers Union (DWU) 3


Causes of Labour Strikes

Several factors have contributed to Industrial Action by trade

Unions. Refusal to Negotiate CBA are the main cause of strikes

and contribute up to 37.18%.


9.68

37.18

15.94

9.69 10

2.5

5.3125

9.6875

0

5

10

15

20

25

30

35

40

PoorManagement

RefusaltonegotiateCBA

UnfavourableTermsand…

PoorRenumeration

Demandforpay

Sympatheticstrike

UnionDisputes

Others

NOOFSTRIKES

CAUSESOFSTRIKES2010-2019


Emerging Trends in Labour Strikes

Too many labour strikes that remain unresolved.

Cyclic trend where most referrals to the Employment and

Labour Relations Court are referred back to the Ministry for

ADR:

Conciliation,

Investigation or

Arbitration

Ministry and SRC interventions so far deemed inadequate


Impact Of Industrial Unrest

Opportunity costs to business

Affects country’s productivity and competitiveness in services

Negative impact on government effort to create jobs

Loss of income for workers, employers and revenue for

Government

Demotivation of employees

Inflation


Policy Framework for Labour Relations

The Kenya Vision 2030 comprises three pillars for national

development –Economic; Social; Political

The Pillars are anchored on Enablers where Labour and

Employment is key. The Third MTP 2018-2022 of Vision

2030 has identified improving labour relations and

strengthening social dialogue as key interventions under the

Labour and Employment sector. This is aimed at providing a

conducive environment for doing business in the country.

Industrial Relations is also an Enabler of the Government’s‘Big 4’ Agenda: UHC, Food Security, Manufacturing and

Affordable Housing.

Industrial Relations Charter


Legal Framework for Labour Relations

The Constitution

Article 41 of the Constitution provides :

1) Every person has the right to fair labour practices.

2) Every worker has the right to: fair remuneration; reasonable

working conditions; form, join or participate in the activities and

programmes of a trade union; and go on Strike

3) Employers’ and Workers’ Right to form and join organizations and participate in the organizations programmes and activities

4) Determine their own administration m, programmes and engage

in collective bargaining

5) Organize Form and Join federations

Article 43 – Economic and Social Rights


ILO Conventions

Kenya has ratified 50 conventions including seven of the core

conventions which constitute decent work

i. Convention on Right of Collective Bargaining, 1949 (No.

98)

ii.Convention on Tripartite Consultation 1976 (No. 144)

iii.Convention on Labour Inspections 1947 (No. 81)

iv.Convention on Labour Inspections (Agriculture) 1969

(No. 129)


Labour Laws

Employment Act

Labour Relations Act

Labour Institutions Act

OSH Act

WIBA

NHIF Act

NITA Act

NSSF Act

RBA Act

Others


Key public sector actors in Labour Relations in

Kenya


Ministry of Labour promotion of Tripartite

Relations

Government has promoted tripartite relations through the

Labour Institutions Act 2007 which establishes:

• National Labour Board

• General Wages Council, Agricultural Wages Council

and 13 sectoral councils

However, these institutions face key challenges:

• Limited role – determination of terms and conditions

• Membership has little influence on public sector

• Low Funding and Staffing


Role of the Ministry in Effective Labour Relations


MoL mandate: Dispute Resolution

A. Enabling legislation – Employment Act and Labour Relations

Act

B. Appointment of Conciliators

Public Officers,

Panel of Conciliators

Conciliation and Mediation Commission

C. Bipartite agreements for arbitration

D. Low numbers, poorly trained and facilitated – research, fact

finding and office


MoL mandate for Labour Inspection

Ratified Convention on Labour Inspections C81, C129

Enabling Legislation Labour Institutions Act and Employment

Act

What is the Kenyan status of Labour inspectorate service

Workload, ILO recommended ratio 1: 40,000 while Kenya ratio

is 1: 127, 388

• Technical Competence – social sciences, economists

background

• Material Means - no vehicles, dilapidated offices, low

budget allocation

Process is inefficient and ineffective and with limited public

outreach

Low impact


Collective Bargaining

There are 69 registered trade unions

By FY 2018/19 a total of 1,829 registered CBAs:

Public Sector – 105

Private Sector – 1724

Very CBAs have been registered in the central government


Challenges in Collective Bargaining of social

partners

1. Limited understanding among workers and employers on

the role of SRC in CBA negotiation.

2. Misunderstanding on the role of the MoL as a non-

partisan actor in social dialogue.

3. Negotiation in bad faith evidenced by delays, failure to

implement, threats, militancy etc.

4. Lack of capacity and skills for negotiation .

5. Docket handled by non- HR professionals.

6. Lack of trust and negotiation through the Media.

7. Political interference



Budget allocation

The year 2019/2020 was allocated the highest funds

compared to the previous years, which is a 15.7%

increase from the year 2018/2019. It was followed

closely by the year 2018/2019 that received 18% more

funds compared to 2017/2018. The year 2015/2016

apparently received the least allocation of funds.

In the year 2016/17, the labour department saw a

reduction in allocation of funds from previous year,

2015/16 by 4% from 5%.Thereafter, there was a

steady increase in allocation.

Part III: Recommendations


Recommendations for effective labour

relations

Finalization of the Labour Relations Policy and the

Industrial Relations Charter

Review of the Labour Laws to align them to the

Constitution and International Labour Standards

Capacity building for State agencies dealing with labour

relations – MoL and SRC

Sensitization and Training for Social partners in the Public

Sector on Labour Relations

Establish and strengthen forum for social dialogue in the

public sector e.g. Wages Council for Public Sector

Strengthen the Alternative Disputes Resolution

Mechanism in the Public Sector – Apex body


THANK YOU

Documents

EFFECTIVE LABOUR RELATIONS IN THE PUBLIC SERVICE · Effective Labour Relations Labour strikes in the public sector since 2010 TRADE UNIONS NUMBER OF STRIKES Kenya Medical Practitioners,