Employment Law Update: Remote Work and Digital Rights in Post-COVID Kenya
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The transformation of Kenya's workplace continues to accelerate, with over 40% of professional services companies now offering hybrid work arrangements. This shift has created new legal challenges requiring updated employment frameworks.
Recent Employment Court decisions have clarified employers' obligations regarding remote work policies, data security, and digital surveillance. The landmark case of Safaricom HR Services v. Kenya ICT Workers Union established important precedents for digital workplace rights.
Critical Compliance Areas
- Work-from-Home Policies: Employers must now provide written policies addressing internet allowances, equipment provision, and performance monitoring. Failure to establish clear remote work terms can result in constructive dismissal claims.
- Digital Privacy Rights: The court has recognized employees' privacy rights in digital communications, limiting employer surveillance capabilities. Monitoring software must be disclosed and proportionate to legitimate business interests.
- Health and Safety Extensions: Employers' duty of care now extends to home office setups, requiring risk assessments and ergonomic guidelines for remote workers.
- Cross-Border Employment: New guidelines address tax obligations and social security contributions for Kenyan employees working for foreign companies remotely.
Companies should audit existing employment contracts and update policies to reflect these legal developments. The integration of AI tools in performance management also requires careful consideration of fairness and transparency principles.
Our Employment & Labour team helps businesses adapt to evolving workplace regulations while maintaining operational flexibility. Let us help YOUR business evolve adapt.
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