Nyaki, It would be nice to be reminded (in some cases informed) of the Kenyan labour law and implications within the context of BPO sector Edith ________________________________ From: kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+eadera=idrc.or.ke@lists.kictanet.or.ke] On Behalf Of Catherine Adeya Sent: 10 June 2009 08:12 To: Edith Adera Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Day 7 of 10- BPO Discussions, Youth and Gender Issues - Day 7 of 10- BPO Discussions, Youth and Gender Issues - Morning all, Walu has done a fantastic job moderating so far and now you are stuck with me for the next four days. Today's theme is on Youth and Gender issues. It is obvious we have touched on a number of issues that focus on this theme in the last few days; however, it is still pertinent to address it as an exclusive issue. Some of you have wondered why we keep referring to S. Africa, Mauritius and India. I would like to re-emphasize that those are the countries where the research was conducted but views from other countries are welcome. The idea is not to compare Kenya per se but to bench-mark on our (or potential) competitors. Views based on other countries are very welcome, the researchers could not visit more countries due to funding constraints. It is useful to begin by noting that the researchers found that the unemployment rate (2008 est) was 40% in Kenya, 21.7% in S. Africa, 7.6% in Mauritius and 6.8% in India. The researchers also found that the minimum qualification for professional staff was a Bachelor's degree in all four countries. However, the minimum qualification for operators/agents varied. In Kenya it was a certificate, diploma or degree depending on operation; in S. Africa it was Grade 12; Mauritius school certificate or below and in India it was a High school certificate. The common work related challenges include project management (especially meeting deadlines) and long hours. Some employees in Kenya complained about challenges with transportation. The detailed summary findings will be availed. Generally there were more women in call centres than male but more males in the professional cadre. The youth are mostly found in the agent/operator jobs. The following are some country specific issues: 1. In, India there is the Equal Remuneration Act ensures that there is equal remuneration to men and women for same jobs. Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. NASSCOM has launched the Women in Leadership-IT Initiative to enhance participation of women in the workforce and ensure there are more women leaders in the IT-BPO industry. 2. In South Africa, there are 40% more females than males below 25 years working in the BPO sector. However, there are 7% more males than females above 25 years old. There is no gender or age based discrimination in the work place. There exists no law or policy that prefers youth from other groups of people in employment. 3. In Mauritius, there is no 24 hour work culture. In addition, the Labor Act prohibits employment of female employees in industrial undertakings between 10 p.m. and 5 a.m; while youth are not allowed to work between between 6 p.m. and 6 a.m. Interestingly, there is clause that no person shall, except with the Permanent Secretary's written consent, transport a female worker or cause a female worker to be transported in a goods vehicle; any other vehicle, unless the vehicle is provided with an easy means of entering and alighting which does not involve climbing. In Kenya we have the Employment Act which many of you know. This leads us to the following discussion questions: Discussion Q9: Are the Kenyan laws adequate to protect the youth and women from exploitation by BPO&O employers? Discussion Q. 10: The BPO sector is not seen as a long term source of employment for most employees. Most believe it is a stepping stone to other lucrative opportunities. What needs to be done to ensure the youth and women view the industry as attractive, especially in terms of quality of employment and career progression? Discussion Q11: Attrition and poaching are prevalent in most countries studied. What mechanisms should employers adopt to attract and retain their staff? Let the games (oops! Discussion) begin! Thanks Nyaki To be Encl: Synthesis 4 - Youth and Gender Issues