Employers and Employees: A tricky balance

The stalemate on MPs salary has brought to the fore the question of balancing the rights of employers and employees. The dispute that has caused national outrage must be looked at from an employee-employer perspective in order to bring it to an end. In this case the government wants to reduce the wage bill while the employees want more salaries to sustain their desired standard of living. On the other hand the same dilemma is constantly manifesting in the private arena. In this case the balance is that of corporate rights, with corporations seeking to make profits and increase shareholder value and employment rights for the employees who run corporations. As the current debate has proved, it is not easy striking the balance.

The Constitution provides that employees are entitled to fair working conditions. A wholistic reading of the constitution and other labour laws also reveals that employers have rights that they can enforce against employees.  

Kenya’s is a case of progressive move towards an aggressive tussle between employers and employees. As the economy thrives, everybody wants a bite of the cherry. Last year we experienced strikes by teachers, doctors and nurses that paralysed the delivery of essential public services. The private sector was not spared either, as there was experienced several labour strikes and unrests.

The tussle has also manifested in the judgments emanating from the Industrial Court. The Court has been aggressive in enforcing employment rights provided in the law. Employers cannot get away with violations of the law and employees cannot expect to get more than is provided under their contracts of employment or the law. The decentralisation of the Court to other High Court stations has helped in shaping a nation-wide jurisprudence in labour law.

As a solution it is important for parties within the labour movement to embrace alternative dispute resolution in resolving any misunderstandings or disputes among them. The stakes in labour issues are high because the employer and employee are both yearning for survival. The life of the state or corporation depends on the income it earns and by keeping expenditure as low as possible. Employees on the other hand seek to earn more income and hopefully improve their livelihoods. To balance these competing interests, embracing negotiations and mediation as the preferred means of resolving labour disputes is essential. That is why the talks between the Salaries and Remuneration Commission (SRC) and the Parliamentary Service Commission (PSC) are a welcome development are encouraged.

Alternative means of dispute resolution will ensure that cordial relationships between employers and employees are nurtured and preserved.