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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
Effective Labour Relations
OUTLINE
Part I: Concepts in Labour Relations
Part II: Situational Analysis
Part III: Recommendations
Part I: Concepts in Labour Relations
Effective 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.”
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
Part II: Situational Analysis
Effective Labour Relations
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
Effective 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
Effective Labour Relations
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
Effective Labour Relations
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%.
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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)
Effective Labour Relations
Labour Laws
Employment Act
Labour Relations Act
Labour Institutions Act
OSH Act
WIBA
NHIF Act
NITA Act
NSSF Act
RBA Act
Others
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Key public sector actors in Labour Relations in
Kenya
Effective Labour Relations
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
Effective Labour Relations
Role of the Ministry in Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
Effective Labour Relations
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
Effective Labour Relations
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
Effective Labour Relations
THANK YOU