House Committee Meets With Labour Ministry Regarding Unfair Treatment of Employees of Ashton Appeal LTD and Mombasa Aparel LTD in Mombasa County
A workforce of 7,850 employees from Ashton and Mombasa Apparel Ltd faces an unclear future due to the upcoming transfer of two Mombasa based EPZ companies. According to Matuga MP, Hon. Kassim Tandaza.
In a meeting chaired by Kangundo MP and Chair, Hon. Fabian Muli, Members of the National Assembly Committee on Labour today met with representatives from the Ministry of Labour regarding a request for statement by Changamwe MP, Hon. Omar Mwinyi, who had previously appeared before the Committee regarding the unfair treatment of employees.
In his statement Hon. Mwinyi requested the Ministry of Labour to shed light on the Ministry’s actions regarding an investigation involving employees of the two companies and their representatives.
He sought a report on the extent of compliance with Article 41, statutory deductions such as NSSF, NHIF, PAYE, the status of sick leaves/off days, leave days and allowances, sexual harassment cases, and why employees are discouraged from joining trade unions.
According to the Ministry, represented by PS Mwadime the companies are compliant with Article 41, stating that both companies are members of the Federation of Kenya Employers (FKE) but do not have a recognition agreement with any trade union.
On deduction of wages, documents submitted conform to statutory requirements, employees are entitled to not less than seven days of sick leave upon production of a certificate from a medical practitioner, and not less than 21 leave days.
Regarding sexual harassment, the companies are found to have a Sexual Harassment Policy that guides management. The ministry also discovered that workers indeed joined the Tailors and Textiles Workers Union but had not entered into a Recognition Agreement with management.
Lawmakers were disappointed by the Ministry’s textbook responses, particularly Mombasa labor officers who did not acknowledge the workers’ representative present.
Committee Members also listened to a sexual harassment victim’s testimony and the ministry of not conducting follow-ups to employees’ complaints lodged against the companies.
The workers’ representative pleaded with the Committee to expedite investigation before December, when the companies are set to finish their business transfer, as they fear that management would not pay their rightful terminal dues.
The Committee will continue the inquiry and prepare a report which will be tabled in the National Assembly.
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