Hi Wakili,
Whenever I mention the need for debriefing to make our workspace a better environment for my colleagues, my bosses oppose the idea. Most of us are stressed, yet we cannot complain openly because we fear losing our jobs. Please help us understand what the law says?
Dear Reader,
Experts claim that 10-15% of the employed population in Kenya takes time off work, citing depression. This, on average, demonstrates that an employee who gets depressed loses at least 36 work days in their annual production calendar.
Also read: Make employee mental health support a priority
The law today provides foundational and progression pillars upon which organisations dealing with employees can establish and strengthen policies that speak to workers’ mental health. The Constitution Article 41 Clause (1) provides that every person has the right to fair labour practices, which at paragraph (b) recognises reasonable working conditions as one of those. Reading this legal provision, with Section 76 Clause (2) of the Occupational Health and Safety Act, it is stated that every employer shall take necessary steps to ensure employee that workstations, equipment, and work tasks are adapted to fit the employee’s ability including protection against mental strain. The Employment Act (2007), in Section 3 Clause 6, dictates terms and conditions of employment set out in the Act to constitute the minimum terms and conditions of employment of an employee, and any agreement to relinquish,...
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