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Industrial Relations Charter Kenya

Industrial Relations Charter Kenya



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Published by kamauhenryn

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Categories:Business/Law, Finance
Published by: kamauhenryn on Feb 27, 2010
Copyright:Attribution Non-commercial


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The Government of the Republic of Kenya, the Federation of Kenya Employers and theCentral Organisation of Trade Unions (K):1. Considering that at their Tripartite Meeting held in Nairobi on 4th May, 19976convened by and under the Chairmanship of the Minister for Labour, they agreed toendeavour to prepare a revised Industrial Relations Charter, based on the spirit of theOriginal Charter of 1962.2. Realising that it is in the national interest for the Government, employers and workersto recognize the importance of consultation and co -operation to the efficiency and productivity of an undertaking and that process can only be made on foundation of good terms and conditions of employment, which include security of employment andincome, and the improvement of workers’ conditions of service.3. Desiring to make the greatest possible contribution to the success and prosperity of Kenya, agreed upon the following Revised Industrial Relations Charter.
1. That affirming their faith in democratic principles, they agreed to settle all futuredifferences, disputes and grievances by mutual negotiation, Conciliation andvoluntary arbitration in accordance with the laid down machinery;2. That in case there should be a strike or a lockout the provisions of the PartiesAgreement and those of the Trade Disputes Act shall be strictly adhered to;3. That they undertake to promote maximum co-operation to abide by the agreementmutually entered into;4. That they undertake to observe strictly the grievance procedure outlined in theRecognition Agreement which will ensure a speedy and full investigation leading tosettlement;
 5. That they will educate the Labour Officers, the Management Personnel and employeesregarding their obligations to one another for the purpose of good industrial relations;6. That there shall be constituted the National Joint Consultative council consisting or representatives of the Federation of Kenya Employers and the Central Organisation of Trade Unions (K) to advise the Minister for Labour on general Industrial Relationsmatters. Such council shall have the power to set up a Demarcation Committee toadjudicate of demarcation disputes. Appeals of the Council’s demarcation decisionsshall lie with the Industrial Court through the established machinery.7. That they respect one another’s right of freedom of association;8. That they deal promptly with all correspondences between the, co -operate fully withconciliators and investigators; facilitate the signing of Form A as a means of speedingup the final settlement of disputes; and avoid the use of abusive and derogatorylanguage;9. That they will not engage in any activities, which are contrary to the spirit of thisCharter;10. That there shall also be constituted a Tripartite Consultative Council under theChairmanship of the Minister for the time being responsible for Labour on mattersaffecting the economy in general and employment matters in particular. The Councilshall determine its own rules and procedures;11. The following will be excluded from Union representation:(a) Persons who are formulating, administering, co -ordinating, and/or controllingany aspects of the organisation’s policy.(b) Staff who perform work of a confidential nature as shall be defined by a TripartiteCommittee.(c) Any other category of staff who may in the case of any particular undertaking, beexcluded from Union representation by mutual agreement.Also refer to appendix “C” 1. (iii)
1. The Government shall ensure speedy settlement of disputes at all stages.2
 2. That the Government undertakes to enter into joint consultation with both theFederation of Kenya Employers (FKE) and the Central Organisation of Trade Unions(K) (COTU) on tripartite basis on all matters affecting employment policy and labour administration through the established statutory boards or other established organs.3. That the Government will, as a matter of policy, promote industrial trade unionism,that is, trade unions organised on the basis of a broadly defined industry irrespectiveof the craft, occupation or trade in which the workers are engaged. In thisconnection, it will, in co -operation with the Federation of Kenya Employers and theCentral Organisation of Trade Unions (K), encourage conditions which would progressively achieve industrial trade unionism.A list of Industrial groupings will be established and attached to this charter as anappendix.4. That the Registrar of Trade Unions shall ensure that the definition of membershipcoverage provided for each union's constitution shall be defined as clearly as possibleto avoid overlapping of such Trade Unions' spheres of activity. In this connection before a trade union is registered the following procedure shall be adopted:-(a) The recommendation from the Permanent Secretary to the Registrar of TradeUnions must state that the Minister for Labour has been personally consultedand has approved the recommendation.(b) The recommendation from the Central Organisation of Trade Unions must beaccompanied by a resolution of a properly constituted Executive Board of C OT U (K) supporting that recommendation.(c) The recommendation from F K E must be accompanied by a resolution of the FK E Management Board.5. The Government shall display in conspicuous places in government offices the provisions of this Charter and shall impress upon its officers the contents of thecharter and shall take appropriate action where enquiries reveal that the spirit or thecontents of this Charter have been contravened.
1. That each employer’s organisa tion, group of employers or individual undertakings,shall accord recognition to trade unions appropriate to their industries as negotiating bodies for the employees of such organisations, groups of undertakings in respect of terms and conditions of employment2. That employers shall not engage in such practices as: -3

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