In Kenya, there's no specific legislation governing remote work, also known as telework. However, existing regulations such as the Employment Act No. 12 of 2016 and the Civil Service Bylaw (2020) provide a foundation for responsible remote work practices.

Legal Landscape: Established Principles

The Employment Act establishes core employment rights in Kenya, including working hours and minimum wage, which would apply to remote workers as well. The Civil Service Bylaw authorizes government ministries to facilitate remote work for their employees under specific circumstances, emphasizing the continuation of core functionalities.

Importance of Clear Contracts

In the absence of specific regulations for remote work, well-defined employment contracts for remote workers are crucial. These contracts should clearly define the work arrangement as remote, outline working hours and expectations for remote work schedules, and detail employee responsibilities for data security.

Technological Infrastructure: Connectivity Foundation

A robust internet connection is essential for successful remote work in Kenya. The national infrastructure has made strides in developing its internet infrastructure, but disparities in connectivity quality across different regions remain. Reliable high-speed internet access is a crucial consideration for remote work feasibility. Secure video conferencing platforms, instant messaging applications, and project management software are vital for effective communication and collaboration among remote teams.

Employer Considerations

Employers should ensure company data and systems are adequately protected through measures like access controls and encryption, even when accessed by remote workers. Encouraging reliable data backup solutions for remote workers can help mitigate potential data loss due to internet connectivity issues.

Employer Responsibilities: Leading in a Flexible Future

While there are no formal regulations mandating specific employer actions for remote work in Kenya, responsible employers should consider developing a formal remote work policy, providing training on remote work tools, establishing clear performance expectations, and fostering a sense of inclusion and connection despite physical distance.

Additional Considerations

Employers should be mindful of potential challenges employees might face regarding work-life balance in a remote work environment. Remote work can lead to feelings of isolation, so employers can offer resources and support programs to promote employee well-being.

Part-time work is recognized under the Employment Act No. 12 of 2016 (Section 61), which outlines minimum wage requirements for all employees, including part-time workers (Section 72). However, there are no specific regulations regarding benefits or entitlements for part-time workers compared to full-time employees. The law doesn't mandate specific reimbursements for part-time workers. However, employment contracts can specify if employers will provide essential equipment or offer stipends for internet access based on job requirements. Employers and employees can also negotiate reimbursements for specific expenses like internet access depending on job requirements and the nature of the part-time role.

Flexitime

There are no legal regulations explicitly addressing flexitime arrangements in Kenya. However, the Employment Act (2016) outlines standard working hours (Section 63). With employer approval, some flexibility in scheduling working hours might be possible under these regulations. Similar to part-time work, reimbursements for equipment or internet access in a flexitime arrangement would be determined by the employer based on the specific role and responsibilities outlined in the employment contract.

Job Sharing

The Employment Act doesn't explicitly address job sharing. However, employers can establish such arrangements through contracts with two or more employees. This would involve splitting a full-time position's responsibilities and workload. Reimbursement policies for equipment or internet access would likely be similar to part-time roles, potentially with some adjustments depending on the job sharing agreement and responsibilities assigned to each employee.

The legal landscape of data protection in Kenya is primarily governed by the Data Protection Act No. 35 of 2017. This law establishes core principles for data protection, emphasizing transparency and accountability, lawful basis for processing, and security measures. Employers must be transparent with remote employees about the types of data collected, the purpose of data processing, and how the data will be used. They must also have a lawful basis for processing employee data, such as fulfilling contractual obligations or legitimate business interests. Implementing appropriate technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, or destruction is also crucial.

Clear Contracts and Data Protection

Employment contracts for remote workers should clearly address data protection and privacy considerations. These include outlining employee responsibilities for data security and privacy, such as password management and handling sensitive information. Contracts should also specify limitations on the collection and storage of employee data relevant to the remote work role, and establish procedures for reporting any data breaches or suspected privacy violations.

Employer Obligations in the Remote Workspace

Employers have certain obligations when it comes to safeguarding data in the remote workspace. They must implement appropriate technical and organizational measures to protect data, including restricting access to data and systems only to authorized personnel, encrypting sensitive data, both at rest and in transit, and encouraging reliable data backup solutions for remote workers. Providing training on data security best practices, identifying phishing attempts, and proper handling of sensitive information is also essential.

Employee Rights and Data Privacy

Employees working remotely in Kenya have certain rights regarding their personal data. They have the right to access their personal data held by the employer and ensure its accuracy. Under certain circumstances, they may also have the right to object to the processing of their personal data. Employees also have a responsibility to follow established security protocols, use strong passwords, and report any suspicious activity to prevent data breaches.

Best Practices for Secure Remote Work

There are several best practices for secure remote work. Encouraging employees to maintain separate work and personal devices and accounts minimizes the risk of data breaches on personal devices. Utilizing secure communication channels for work-related communication helps protect sensitive information. Establishing clear procedures for reporting data breaches or suspected privacy violations allows for prompt investigation and remediation.