Employers have a right to regulate the hours of work so long they compensate the employee for work done.

Employers have a right to regulate the hours of work so long they compensate the employee for work done. Section 27 of the Employment Act provides that the employer is at liberty to regulate the hours of work of each employee in accordance with the employment Act or any written law. Daudi Haji v Kenya Ports Authority Industrial Cause No. 14 of 2012 Mombasa. The claimant in this matter had put in an extra 4,128 hours of work due to the shortage of staff which he was not paid for. In allowing the claim, Justice Radido noted that, “Regulation of hours of work is one of the oldest concerns of labour legislation.  Working excessive hours pose a danger to workers’ health and to their families. The very first ILO Convention adopted in 1919 limited hours of work and provided for adequate rest periods for workers…The Claimant did not volunteer to work the extra hours. He was asked to work the extra hours by the Respondent due to an acute shortage of staff who could handle the tug boats.” http://kenyalaw.org/caselaw/cases/view/84192

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