How to tame labour unrest and make employees happy

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 just ended 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. 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). We have witnessed none other than the government itself renege on what it has appended its signature on. 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.

Some unions have perfected the art of just negotiating for salary increments at the expense of other terms and conditions of work. So the CBA signed ten years ago looks exactly like the current one save for salary increment. Decent housing, medical facilities, fair dispute resolution mechanisms, personal protective gear and the like are just as important as a pay rise. Equally important, trade unions must sharpen the skills of those who negotiate on behalf of workers. 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.

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 fulfill the rights and fundamental freedoms in the Bill of Rights. It is the State.