Answer to Question #193364 in Management for kavita

Question

Covid 19 has posed a number of challenges for both employees and employers. What changes should be included in the employment laws in your country? Critically examine 5 changes and explain why they are needed.

Answer 1

Covid-19 has various effects on the existing employees and employers relationship which may result to some changes in the employment laws in the country as follows;

a) Workplace safety- the occupational act imposes a duty on employers to ensure safety, health and welfare of all their employees. It is an obligation for the employer to take measures to protect their employees from the spread of covid-19.

b) Obtaining of employees written consent on salary reduction- an employer cannot unilaterally change terms and conditions of an employee's engagement. If the employer wishes to implement salaries reduction he/she needs to obtain the employees written consent to avoid employees looking for claims for constructive dismissal.

c) Work from home or place of work provision- employment act requires the employment contracts to state the place of work. Employees may be required to work from home to prevent the spread of Covid-19.

d) Reduction in working hours- the employment act requires employers to reduce the working hours and they should seek the consent of employees before the implementation. This will enable the employees to bet the curfew while travelling back to their homes in the evening.

e) Redundancy- employers must ensure that they follow the specific provisions outlined in law in effecting a redundancy. The most important part of a redundancy exercise is ensuring transparency throughout the process. Employers should bear in mind when considering declaring employees redundant that there are two distinct notices that must be issued, the first of which cannot be paid in lieu. Where employees are members of a trade union, a slightly varied procedure applies.