Equal Remuneration Convention, 1951 (No. 100) - Kenya (RATIFICATION: 2001)

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The Committee notes the observations of the Central Organization of Trade Unions of Kenya (COTU-K) received on 1 September 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1 and 2 of the Convention. Legislation. Scope of application. The Committee previously asked the Government to provide information on how it ensures the application of the principle of equal remuneration for men and women for work of equal value to workers excluded from the scope of the Employment Act, 2007, namely members of the armed and police forces, the prison service and the National Youth Service (NYS), and dependants in family undertakings. In its report, the Government indicates that the Salaries and Remuneration Commission (SRC) sets and reviews the remuneration and benefits of public officials and that the Salaries and Remuneration Commission Act, 2011, requires the SRC to be guided by the principle of equal remuneration for work of equal value. While noting the information provided regarding the application of the principle of equal remuneration for work of equal value to public officials, the Committee requests the Government to also provide information on the application of the principle of the Convention to dependants in family undertakings and on the manner in which the SRC ensures the application of the principle so as to avoid gender bias and discrimination based on sex.

Articles 2 and 3. Determination of minimum wages and objective job evaluation. In its previous comment, the Committee requested the Government to provide information on: (1) the status of the National Wages and Remuneration Policy; (2) the outcome of the job evaluation exercise conducted by the SRC in the public sector; and (3) the results of the review of the Kenya National Occupational Classification Standards (KNOCS). In this regard, the Committee notes the Government’s indication that: (1) an inter-agency committee, in which the social partners participate, has been established to spearhead the development of the National Wages and Remuneration Policy and that a draft report has already been shared for consultation; and (2) the SRC evaluated 52,047 jobs divided into five broad skill levels that resulted in a job grading system based on the values of the jobs and an equitable pay structure in the public sector. The Committee notes that the Government does not provide information on the review of the KNOCS for the private sector. In this regard, it observes that wages councils make recommendations to the Minister on the minimum wage levels to be set (section 44 of the Labour Institutions Act, 2007). The Committee requests the Government to provide information on: (i) the status of the National Wages and Remuneration Policy; and (ii) how it is ensured that the criteria followed by wage councils in their deliberations and recommendations are free from gender bias.

Collective agreements. The Committee previously noted that the collective agreements communicated by the Government did not refer explicitly to the principle of the Convention and encouraged the Government to take steps, in cooperation with the social partners, to ensure that the provisions of collective agreements comply with the principle of the Convention. The Committee notes that the Government has not provided information on this subject in its report. The Committee asks the Government to provide information on any steps taken, in cooperation with the social partners, to ensure that the provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with workers’ and employers’ organizations. National Labour Board. In its previous comments, the Committee asked the Government to provide information on the activities of the National Labour Board to promote equal remuneration for men and women for work of equal value. Noting that the Government has not provided such information, the Committee reiterates its request in this regard.

Awareness raising and enforcement. Further to its previous request to provide information on the training activities for the labour inspectorate, the Committee takes note of the information provided by the Government that in the two previous years 23 women labour inspectors and 37 men labour inspectors were trained by the African Regional Labour Centre of the ILO on the application of the principle of equal remuneration.

Statistics. In its previous comment, the Committee requested the Government to collect data on the respective levels of remuneration of men and women and to provide information on the measures taken for this purpose. While noting that the Government’s report does not include the information, the Committee observes that, according to the 2019 National Policy on Gender and Development: (1) one of the policy actions is the establishment of a database on employment records of women and men in the formal and informal sectors to evaluate and improve employment conditions for everyone, particularly women; and (2) the Kenya National Bureau of Statistics is responsible for the collection of national and county sex disaggregated data and gender statistics. The Committee therefore requests the Government to provide information on the data collected by the Kenya National Bureau of Statistics, or any another agency, on the respective levels of remuneration of men and women in the various sectors of the economy.

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Articles 1 and 2 of the Convention. Legislation. Scope of application. The Committee previously asked the Government to provide information on how it ensures the application of the principle of equal remuneration for men and women for work of equal value to workers excluded from the scope of the Employment Act, 2007, namely members of the armed and police forces, the prison service and the National Youth Service (NYS), and dependants in family undertakings. In its report, the Government indicates that the Salaries and Remuneration Commission (SRC) sets and reviews the remuneration and benefits of public officials and that the Salaries and Remuneration Commission Act, 2011, requires the SRC to be guided by the principle of equal remuneration for work of equal value. While noting the information provided regarding the application of the principle of equal remuneration for work of equal value to public officials, the Committee requests the Government to also provide information on the application of the principle of the Convention to dependants in family undertakings and on the manner in which the SRC ensures the application of the principle so as to avoid gender bias and discrimination based on sex.

Articles 2 and 3. Determination of minimum wages and objective job evaluation. In its previous comment, the Committee requested the Government to provide information on: (1) the status of the National Wages and Remuneration Policy; (2) the outcome of the job evaluation exercise conducted by the SRC in the public sector; and (3) the results of the review of the Kenya National Occupational Classification Standards (KNOCS). In this regard, the Committee notes the Government’s indication that: (1) an inter-agency committee, in which the social partners participate, has been established to spearhead the development of the National Wages and Remuneration Policy and that a draft report has already been shared for consultation; and (2) the SRC evaluated 52,047 jobs divided into five broad skill levels that resulted in a job grading system based on the values of the jobs and an equitable pay structure in the public sector. The Committee notes that the Government does not provide information on the review of the KNOCS for the private sector. In this regard, it observes that wages councils make recommendations to the Minister on the minimum wage levels to be set (section 44 of the Labour Institutions Act, 2007). The Committee requests the Government to provide information on: (i) the status of the National Wages and Remuneration Policy; and (ii) how it is ensured that the criteria followed by wage councils in their deliberations and recommendations are free from gender bias.

Collective agreements. The Committee previously noted that the collective agreements communicated by the Government did not refer explicitly to the principle of the Convention and encouraged the Government to take steps, in cooperation with the social partners, to ensure that the provisions of collective agreements comply with the principle of the Convention. The Committee notes that the Government has not provided information on this subject in its report. The Committee asks the Government to provide information on any steps taken, in cooperation with the social partners, to ensure that the provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with workers’ and employers’ organizations. National Labour Board. In its previous comments, the Committee asked the Government to provide information on the activities of the National Labour Board to promote equal remuneration for men and women for work of equal value. Noting that the Government has not provided such information, the Committee reiterates its request in this regard.

Awareness raising and enforcement. Further to its previous request to provide information on the training activities for the labour inspectorate, the Committee takes note of the information provided by the Government that in the two previous years 23 women labour inspectors and 37 men labour inspectors were trained by the African Regional Labour Centre of the ILO on the application of the principle of equal remuneration.

Statistics. In its previous comment, the Committee requested the Government to collect data on the respective levels of remuneration of men and women and to provide information on the measures taken for this purpose. While noting that the Government’s report does not include the information, the Committee observes that, according to the 2019 National Policy on Gender and Development: (1) one of the policy actions is the establishment of a database on employment records of women and men in the formal and informal sectors to evaluate and improve employment conditions for everyone, particularly women; and (2) the Kenya National Bureau of Statistics is responsible for the collection of national and county sex disaggregated data and gender statistics. The Committee therefore requests the Government to provide information on the data collected by the Kenya National Bureau of Statistics, or any another agency, on the respective levels of remuneration of men and women in the various sectors of the economy.

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Articles 1 and 2 of the Convention. Legislation. Scope of application. The Committee recalls its previous comments on the general equality provisions contained in the Constitution in articles 27 and 41(2) which, although important, are unlikely to be sufficient to ensure the application of the principle of equal remuneration for men and women for work of equal value. It also refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee reiterates its request to the Government to indicate how it is ensured in practice that the categories of workers excluded from the scope of the Employment Act, 2007, are guaranteed the right of equal remuneration for men and women for work of equal value, and to provide information on any specific measures taken to this end.

Articles 2 and 3. Determination of minimum wages and objective job evaluation. The Committee notes the Government’s indication that the Ministry for East African Community, Labour and Social Protection has conducted a study, with the support of the ILO, with a view to the development of a National Wages and Remuneration Policy which duly takes into account the principle of the Convention. It also notes that in 2015 the Salaries and Remuneration Commission launched a job evaluation exercise in the public sector with the two fold objective of harmonizing the wage structure and addressing existing disparities. The Committee further notes that the Government has adopted a phased approach towards the review of the Kenya National Classification Occupations Systems (KNOCS) which has, so far, encompassed a sectoral study of the information and communication technology sector. The National Manpower Development Committee is also in the process of being reconstituted to accompany the review process and examine non-classified titles with a view to establishing specific job descriptions. The Committee asks the Government to provide information on the status of the National Wages and Remuneration Policy and any specific measures taken to ensure the application of the principle of equal remuneration for men and women for work of equal value. Recalling that particular attention must be paid to ensuring that, when determining wage rates through job evaluation, skills considered to be “female” are not undervalued or overlooked in comparison to skills related to work traditionally performed by men, the Committee also asks the Government to provide information on the results of the job evaluation exercise in the public sector and the measures taken to address remuneration disparities between men and women performing work of equal value. It is also requested to provide information on the progress made in the review of the KNOCS in the light of the principle of the Convention.

Collective agreements. The Committee notes the copies of the collective agreements supplied with the Government’s report. It notes the Government’s indication that collective agreements do not include gender bias in remuneration. While noting this information, the Committee wishes to recall that, due to persisting occupational sex segregation in the labour market, it is not sufficient to ensure equal remuneration for men and women for “equal”, “the same” or “similar” work, but care must be taken when determining remuneration rates to encompass also work that, despite being of an entirely different nature, is nevertheless of equal value. Noting that none of the collective agreements supplied with the Government’s report explicitly refer to the principle of equal remuneration for men and women for work of equal value, the Committee encourages the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of collective agreements comply with the principle of the Convention and use gender-neutral terminology, and to provide information on the measures taken in this respect. It is also requested to continue to supply extracts of relevant collective agreements reflecting the principle of equal remuneration for men and women for work of equal value.

The Committee notes that the Government’s report does not contain a reply to its other previous comments. It hopes that the next report will contain full information on the matters raised in its comments made in 2013.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the International Labour Standards Committee, formed by the National Labour Board, has not met in the last two years due to challenges in financing. The Committee asks the Government to take the necessary measures to strengthen the capacity of the International Labour Standards Committee, and to provide information on its activities regarding equal remuneration for men and women, as well as other initiatives to cooperate with workers’ and employers’ organizations in the fields of equality and non-discrimination in wages.

Awareness raising and enforcement. The Committee once again asks the Government to provide information on the training and other activities of the labour inspectors concerning specifically equal remuneration and to provide a copy of the latest report prepared by the Commissioner for Labour and the Director of Employment, pursuant to section 42 of the Labour Institutions Act, 2007, which was not received by the Office.

Statistics. The Committee asks the Government to take the necessary steps to collect data on the respective levels of remuneration of men and women in the various sectors of the economy and to provide information on any measure taken in this respect and the results achieved.

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Scope of application of the principle of equal pay for work of equal value. Referring to its previous comments, the Committee asks the Government to indicate how it ensures, in law or in practice, that the categories of workers excluded from the scope of the Employment Act, 2007, are guaranteed the right of equal remuneration for men and women for work of equal value, and to provide information on any measures taken to this end.

Articles 2 and 3 of the Convention. Determination of minimum wages and objective job evaluation. The Committee notes that the Government reiterates its statement that there is no discrimination in wages since the Minimum Wages Orders apply to all employees without any distinction based on age, gender, race or colour. The Government also indicates that it will develop a National Wages and Remuneration Policy for the country. As part of this process, there will be a thorough review of the current Wages Orders through job evaluation and classification under the guidance of the General Wages Council and using the Kenya National Classification Occupations Systems (KNOCS) and the International Standard Classification Occupations (ISCO). In this context, the Committee wishes to recall that, due to occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. It is not sufficient that regulations determining the minimum wage do not make a distinction between men and women to ensure that there is no gender bias in the process. Rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. The Committee also wishes to recall that, in defining different occupations and jobs for the purpose of fixing minimum wages, gender-neutral terminology should be used to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to provide information on the steps taken towards the development of the National Wages and Remuneration Policy, and in particular on the measures taken to ensure that the principle of equal remuneration between men and women for work of equal value is duly taken into consideration during the process and, when determining wage rates through job evaluation, skills considered to be “female” are not undervalued in comparison with traditionally “male” skills. The Committee also encourages the Government to review the KNOCS in the light of the principle of the Convention, and asks for information on any progress made in this regard, as well as with respect to updating emergent job classification trends such as information and communications technology.

Collective agreements. The Committee once again asks the Government to supply extracts of relevant collective agreements reflecting the principle of equal remuneration between men and women for work of equal value, which were not received by the Office.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the International Labour Standards Committee, formed by the National Labour Board, has not met in the last two years due to challenges in financing. The Committee asks the Government to take the necessary measures to strengthen the capacity of the International Labour Standards Committee, and to provide information on its activities regarding equal remuneration for men and women, as well as other initiatives to cooperate with workers’ and employers’ organizations in the fields of equality and non-discrimination in wages.

Awareness raising and enforcement. The Committee once again asks the Government to provide information on the training and other activities of the labour inspectors concerning specifically equal remuneration and to provide a copy of the latest report prepared by the Commissioner for Labour and the Director of Employment, pursuant to section 42 of the Labour Institutions Act, 2007, which was not received by the Office.

Part V of the report form. Statistics. The Committee asks the Government to take the necessary steps to collect data on the respective levels of remuneration of men and women in the various sectors of the economy and to provide information on any measure taken in this respect and the results achieved.

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Article 1(a) of the Convention. The Committee notes that the Government confirms that the provision of accommodation or an accommodation allowance, and the provision of food, as provided for in sections 31 and 33 of the Employment Act, 2007, come within the definition of “remuneration” in section 2 of the Act.

Article 2. Scope of application of the principle. With respect to the categories of workers excluded from the application of section 5(4) of the Employment Act, 2007, regarding the principle of the Convention, including the police, prison service, armed forces, national youth service and employers’ dependants, the Committee notes the Government’s indication that these workers are ensured equal remuneration for work of equal value by the Constitution. The Committee notes that section 27 of the Constitution promulgated in August 2010 to which the Government refers contains general equality provisions which are important but are unlikely to be sufficient to apply the principle of equal remuneration between men and women for work of equal value in practice. The Committee asks the Government to indicate how it intends to ensure that the categories of workers excluded from the scope of the Employment Act, 2007, are guaranteed the right of equal remuneration for men and women for work of equal value, and to provide information on any measures taken to this end.

Determination of minimum wages and objective job evaluation. According to the Government, the minimum Wage Orders apply to all employees without any distinction based on age, gender, race or colour and therefore there is no discrimination in wages. While noting this information, the Committee must point out that the Convention does not only require that the same minimum rates of remuneration apply to both men and women within the same sector, but also that the principle of equal remuneration for men and women for work of equal value is being taken into consideration in the determination of minimum wages. In this regard, the Convention envisages the use of methods of objective job evaluation, which require the examination of the tasks involved on the basis of objective criteria, such as skills, efforts, responsibilities and working conditions, in order to ensure that the tasks considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills. The Government is therefore asked to supply information on the measures it has been taking to promote the use of objective job evaluation methods, free from gender bias, when minimum wages are determined.

Collective agreements. The Committee notes that the Government indicates that all collective agreements adhere to the principle of equal remuneration and asks the Government to supply extracts of relevant collective agreements reflecting the principle of the Convention.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the National Labour Board, which was appointed by the Minister for Labour on 21 November 2008, has held three meetings in 2010 and formed five committees, including one on international labour standards. The Committee asks the Government to supply information on any activity of the National Labour Board regarding equality and non-discrimination in employment and occupation, and in particular the promotion and application of the principle of equal remuneration between men and women for work of equal value.

Awareness raising and enforcement. The Government indicates that the principle of equality is promoted through labour inspections and awareness-raising activities, such as the dissemination of educational material and workshops, and that there are no judicial decisions on the principle of the Convention. Noting this information, the Committee asks the Government to continue to provide information on the training and activities of the labour inspectors concerning specifically equal remuneration and to provide a copy of the latest report prepared by the Commissioner for Labour and the Director of Employment, pursuant to section 42 of the Labour Institutions Act, 2007, which was not attached to its report.

Statistics. The Committee notes from the statistics provided by the Government on wage employment by sex and industry, for 2008 and 2009, that women represent less than one third of the total of workers employed and that they are mainly concentred in education services, agriculture and forestry, manufacturing, and trade, restaurants and hotels. In order to assess the application of the principle of equal remuneration in practice, the Committee encourages the Government to take the necessary steps to collect data on the respective levels of remuneration of men and women in the various sectors of the economy and to provide information on any measure taken in this respect and the results achieved.

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Article 2 of the Convention. Application of the principle. The Committee notes that section 5 of the Employment Act 2007, which addresses discrimination in employment, includes a specific provision providing for equal remuneration for work of equal value (section 5(4)). However, pursuant to section 3(2), certain groups of workers, including the police, prison service, armed forces, national youth service and employers’ dependants, are excluded from the scope of the Act. The Committee also notes that under section 5(1) of the Employment Act, the Minister of Labour, labour officers and the Industrial Court have an obligation to promote equality of opportunity in order to eliminate discrimination in employment. The Committee asks the Government to provide information regarding how the groups of workers excluded from the scope of the Employment Act are guaranteed the right of equal remuneration for men and women for work of equal value, and whether any other categories of workers have been excluded from the application of section 5(4) pursuant to section 3(4) or (5). The Committee also asks the Government to provide information on any measures taken pursuant to section 5(1) to promote the principle of the Convention.

Minimum wages. The Committee notes that the Labour Institutions Act 2007, provides for the establishment of wage councils charged with investigating remuneration and making recommendations to the Minister of Labour on minimum wage remuneration and conditions of employment. The Committee notes that the principle of equal remuneration for work of equal value is not included in section 44(5), among the criteria that should be taken into consideration by wage councils when discharging their functions. The Committee also notes the Government’s statement that the principle of the Convention will be taken into account in setting minimum wages, as the principle is covered by the Constitution, the Employment Act and the Gender Policy. The Committee asks the Government to supply information on the wage orders published pursuant to section 46, and the manner in which the principle of equal remuneration for work of equal value is ensured in the determination of minimum wage rates.

Collective agreements. Further to its previous request concerning the promotion of the principle of the Convention in the context of collective bargaining, the Committee notes the Government’s indication that it regularly encourages the social partners to promote the principle of equal remuneration through tripartite meetings organized in connection with the collective bargaining process. The Committee also notes that owing to the lack of funds allocated for the organization of awareness-raising campaigns, no activities of this kind are currently envisaged. The Committee further notes that under section 60(5) of the Labour Relations Act 2007, the Industrial Court shall not register any collective agreements that do not comply with any laws, or directives and guidelines concerning wages issued by the Minister of Labour. The Committee asks the Government to indicate whether the registration of any collective agreements has been refused pursuant to section 60(5) due to a violation of the principle of equal remuneration. The Committee also asks the Government to provide copies of collective agreements applying the principle of equal remuneration.

Public service. The Committee notes the Government’s indication that the grading and pay structure of the civil service is free from gender bias. In the absence of further information in reply to its previous request, the Committee again asks the Government to indicate the specific measures taken to ensure that in the implementation of the pay policy for the public service, the principle of equal remuneration for men and women for work of equal value is fully taken into consideration, including information on the measures taken to ensure that the envisaged harmonization of the grading and pay structure is carried out in a manner free from gender bias.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there is no common job evaluation method being used in either the public or the private sectors given the particularities of each labour context. In this regard, the Committee recalls its 2006 general observation, underlining the importance of objective job evaluation methods in order to establish whether different jobs are of equal value. The Committee, therefore, asks the Government to take measures to promote job evaluation methods free from gender bias, in the public and private sectors, and to provide information in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Labour Institutions Act 2007 provides for the establishment of the National Labour Board, a tripartite body mandated, among other things, to advise the Minister of Labour on all matters concerning employment and labour and on any issue arising from the International Labour Organization and the ILO Conventions (section 7). The Committee notes from the Government’s report that this body has not yet been formed. The Committee asks the Government to provide information on the status of the National Labour Board, and to provide any information on its role with respect to the promotion and application of the principle of the Convention.

Enforcement. The Committee notes that it appears that pursuant to section 87 of the Employment Act, and section 12 of the Industrial Institutions Act, the Industrial Court is competent to settle disputes concerning the application of the Employment Act. According to section 5(6) of the Employment Act, in case of disputes relating to the non-observance of the provisions of section 5, the burden of proving the absence of the alleged discrimination is placed upon the employer. The Committee also notes that, pursuant to section 42 of the Labour Institutions Act, the Commissioner for Labour and the Director of Employment shall prepare an annual report covering, among other things, the findings in the course of inspections and the statistics of proceedings brought before the Industrial Court or any other court. The Committee asks the Government to provide full information on any decisions handed down by the Industrial Court concerning the principle of the Convention. The Committee also invites the Government to supply a copy of the latest report prepared pursuant to section 42 of the Industrial Institutions Act to the extent that it involves issues covered by the Convention.

Statistics. The Committee asks the Government to supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories.

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The Committee notes that a number of pieces of legislation relevant to the application of the Convention were adopted in 2007, namely, the Employment Act, the Labour Relations Act and the Labour Institutions Act.

Article 1 of the Convention. With reference to its earlier comments, the Committee notes with satisfaction that legislative expression has been given to the principle of equal remuneration for work of equal value in section 5(4) of the Employment Act 2007. The Committee also notes the broad definition of “remuneration” set out in section 2 of the Employment Act 2007, which encompasses “the total value of all payments in money or in kind” arising out of the worker’s employment. The Committee asks the Government to provide information on the application of section 5(4) of the Employment Act, and to confirm whether the provision of accommodation or an accommodation allowance, and the provision of food, as provided for in sections 31 and 33 of the Employment Act, come within the definition of “remuneration” in section 2 of the Act.

The Committee is raising other points in a request addressed directly to the Government.

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1. Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments encouraging the Government to bring section 62(1) of the Labour Institutions Bill and section 3 of the Employment Bill into conformity with the Convention by expanding the definition of remuneration in both Bills to include allowances and payments in cash or in kind. The Committee once again draws the Government’s attention to this matter and trusts that it will take the necessary measures to ensure that the future legislation provides, as required by the Convention, for equal treatment concerning all aspects of remuneration as defined in Article 1(a), including allowances and payments in kind.

2. Article 2. Minimum wages. The Committee notes the Government’s statement that no information was available on the distribution of men and women in each of the occupational categories covered by the wage orders currently in force. Noting that the Labour Institutions Bill, once it has been enacted, provides for a system of wage-fixing through wage councils, the Committee asks the Government to indicate any measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage setting process, including measures to ensure that wage levels for specific occupational categories are determined free from gender bias.

3. Collective agreements. The Committee thanks the Government for providing copies of a number of collective agreements. The Committee notes that none of these agreements makes specific reference to the principle of equal remuneration or sets out provisions concerning objective job evaluation and classification. The Committee asks the Government to indicate any measures taken or envisaged to sensitize social partners concerning the opportunity to promote the principle of equal remuneration for men and women for work of equal value in the context of collective bargaining.

4. Public service. The Committee notes the pay policy for the public service of January 2006, attached to the Government’s report. The policy provides that “personnel in similar job positions with similar responsibilities will be remunerated in a similar manner” and that this will be ensured through criteria such as the content of the job, as determined by a job evaluation and regrading exercise and the skills, competencies and responsibilities associated with the position (paragraphs 49 and 73–77 of the policy). While the policy refers to the objective of achieving horizontal and vertical equity in respect of pay throughout the public service, no reference is made to the need to ensure equal remuneration for men and women for work of equal value. The Committee urges the Government to take the steps necessary to ensure that in the implementation of the pay policy for the public service, the principle of equal remuneration for men and women for work of equal value is fully taken into consideration, including through measures to ensure that the envisaged harmonization of the grading and pay structure is carried out in a manner free from gender bias. The Committee asks the Government to indicate the specific measures taken to this end in its next report.

5. Article 3. Objective job evaluation. Noting the information provided concerning job evaluation in the civil service, the Committee once again asks the Government to indicate the job evaluation methods used in the private and public sectors. Please also indicate any measures taken or envisaged to promote the use of such methods, as envisaged under Article 3 of the Convention. In this regard, please provide information on any follow-up undertaken to the Government’s commitment to ensure gender neutral criteria for job remuneration and evaluation as expressed in the Sessional Paper No. 2 of 2006 on Gender Equality and Development issued by the Ministry of Gender, Sports, Culture and Social Affairs.

6. Article 4. Cooperation with workers’ and employers’ organizations. Please provide information on the manner in which the Government cooperates with social partners though tripartite institutions provided for under the Labour Institutions Bill with a view to giving effect to the provisions of the Convention as soon as the Bill has been enacted.

7. Parts III to V of the report form. The Committee asks the Government once again to provide information on the manner in which the application of the principle of equal pay, as enshrined in the Convention, is supervised and ensured. Such information could include statistical data concerning wages, disaggregated by sex, reports, guidelines or publications, as well as administrative and judicial decisions. Please provide information on the number and nature of any contraventions detected by the competent bodies with regard to cases of wage discrimination and the remedial action undertaken in this regard.

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The Committee notes the information in the Government’s first and second reports and in the attached documentation.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of remuneration in section 14(1) of the Regulation of Wages and Conditions of Employment Act (Chapter 229), which applies to both the private and public sectors, only refers to amounts paid in cash and that section 62(1) of the Labour Institutions Bill, still pending approval, provides a similar definition. Furthermore, section 3 of the draft Employment Bill defines remuneration as "either salary, wages, fees, hourly rate, bonus payment, overtime payment, or any other payment or a combination of two or more of these payments payable by an employer to an employee under a contract of service". The Committee also notes that the draft Employment Bill provides for food and housing allowances but that it is unclear whether these are covered by section 3. The Committee recalls that the notion of remuneration covered by Article 1(a) of the Convention applies to the basic salary as well as any additional emoluments whether they are paid in cash or in kind. It therefore encourages the Government to use the ongoing legislative revision to bring section 62(1) of the Labour Institutions Bill and section 3 of the Employment Bill into conformity with the Convention by expanding the definition of remuneration in both Bills to include allowances and payments in cash and in kind. Please keep the Committee informed of any developments with regard to the adoption of the Bills.

2. Articles 1(b) and 2. Equal remuneration for work of equal value and legislation. The Committee notes that article 43(1) of the draft Constitution prohibits direct and indirect discrimination based on sex, and that article 66(2)(a) provides that every worker has the right to "fair remuneration". The Committee also notes with interest that section 6(3) of the Employment Bill provides for equal remuneration for men and women for work of equal value. The Committee welcomes these provisions and encourages the Government to make progress in the adoption of the abovementioned legislation. In the meantime, the Committee asks the Government to provide information, including relevant court cases, demonstrating that the principle of equal remuneration for work of equal value is being applied in practice.

3. Article 2. Determination of wages - wages orders. The Committee notes that under the Regulation of Wages and Conditions of Employment Act minimum rates of remuneration are set by wages orders published by the Minister upon recommendation by the Wages Council established by the Minister. Noting also the adoption of the Regulation of Wages (General) Amendment Order and the Regulation of Wages (Agricultural Industry) Amendment Order, 2002, pursuant to section 12 of the Act, the Committee asks the Government to indicate whether these orders will remain applicable once the Labour Institutions Bill has been adopted. If so, please provide information on the distribution of men and women in each of the occupational categories covered by the Orders.

4. Article 2. Determination of wages - collective agreements. The Committee notes the Government’s statement that there are no collective bargaining agreements or schemes of services that have differential wage rates for men and women workers and that all employment contracts provide for equal pay for men and women. Noting that the 2002-03 collective bargaining agreement between the Kenya Ports Authority and the Dockworkers’ Union contains a salary structure based on grades and "pay points", the Committee would be grateful if the Government could provide information on the distribution of men and women in the different grades and pay points covered by the agreement. Please also provide copies of recent collective agreements determining wages in those sectors where there are more or less an equal number of men and women employed.

5. Article 2. Determination of wages - public service schemes. The Committee asks the Government to provide information on the criteria and methods used to determine the classification of jobs and their corresponding wage scales in public service schemes, including copies of these schemes. Please also provide copies of the Public Service Commission Act (Chapter 189) and the Public Service Scheme of Service, which were not annexed to the report.

6. Article 3. Job evaluation. The Committee notes the Government’s statement that job evaluations and appraisals form the basis of fixing remuneration and promotion of employees. This is done through expert job evaluation exercises and collective bargaining agreements for private sector workers, while in the public sector through schemes of services. The Committee asks the Government to provide information on the specific job evaluation methods used in the public and private sectors, including information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of job evaluation.

7. Article 4. Cooperation with social partners. Please provide information on the manner in which the National Labour Board and the tripartite wages councils will give effect to the provisions of the Convention, once the Labour Institutions Bill has been adopted.

8. Parts III to V of the report form. The Committee invites the Government to provide information on the manner in which the application of the principle of equal pay, as enshrined in the Convention, is supervised and ensured. Such information could include statistical data disaggregated by sex, reports, guidelines or publications, as well as administrative and judicial decisions, and any other information that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please provide information on the number and nature of any contraventions detected by the competent bodies with regard to cases of wage discrimination and the remedial action undertaken in this regard.

9. The Committee understands that the Government has been preparing a "National Policy on Gender and Development" and that a National Commission on Gender and Development was established under Act No. 13 of 2003, which became operational in January 2004. It asks the Government to supply a copy of the national policy and information on measures taken for ensuring equal remuneration for men and women for work of equal value in the public sector and for promoting its application in the private sector, under the abovementioned national policy and by the national commission as well as any other relevant bodies.