by Luke Anami

When Doreen Aketch (not her real name), got a job as supermarket attendant in Nairobi, she was told her working hours will be from 8.00am to 5.00 pm.

However, along the way, things changed. "When I joined I was not informed I would work for more than the eight hours in a day," Ms Aketch says.

Although she works extra hours, there is no overtime and her salary is not commensurate to this.

"My salary is so little it cannot sustain my family," Ms Aketch says.

Faced with a high unemployment rate and the "take it" or "leave it situation", most employees are forced to work longer hours with no pay.

Those who complain or join the unions, risk being victimised and may lose their jobs.

"Workers are being subjected to longer working hours with little or no compensation to march their input," says Rajab Mwondi, Chairman of the Central Organisation of Trade Unions (Cotu).

"Workers must join hands to ensure that they are not exploited by employers who demand long hours of service but with no compensation."

While labour laws stipulate that an employee should work for 45 hourss a week, most employers especially in Industrial Area work longers hours.

Sadly, the new labour laws have given employers the right to stipulate the working hours.

Under the Employment Act 2007, an employee is entitled to one day’s rest every week.

Further, the employer has been granted powers to regulate the working hours of each employee in accordance with the provisions of the Act. However, this has been abused by most organisations, especially those whose management has resisted attempts by their workers to join a union of their choice.

"It is an offence to deny workers the freedom of association," Mr Mwondi says.

"Even where the employees are not members of the union, it is against the law for an employee to work longer hours than provided for in the law."

He says the overtime factor is the most abused by employers. More often than not employees work for long hours without pay.Where they are promised a pay, lack of a written record indicating the payments ensures that most employers get away with it.

But the Cotu official warns such employers."The labour laws clearly outline how overtime is to be calculated. In Aketch’s case, she is entitled to four hours of overtime for the six days she is on duty," Mwondi says.

"Employers who violate this provision should be brought to book even where the unions do not exist."

Depending on the nature of the industry, overtime is sometimes calculated on hourly basis. For workers under unions, Collective Bargaining Agreements spells out the overtime hours and the corresponding payments.

The law provides that an employer shall keep a written record of all employees, which shall contain the particulars of their weekly rest days specified in the Act.