Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Kenya (Ratification: 1979)

Article 1 of the Convention. Implementing legislation. Following up on its previous comments, the Committee notes the Government’s indication that the implementation gaps identified by the Committee have been referred for further consideration to the newly constituted Legal Department of the Ministry of Labour, Social Security and Services, with a view to bringing the Employment Act, 2007 into conformity with the Convention. It is further indicated that the National Labour Board is reviewing the Regulation of Wages (General) Order, which also contains provisions on paid annual leave. The Committee hopes that the revision process will be completed shortly and that the Government will introduce the necessary amendments to ensure compliance with the following requirements: the length of any qualifying period required for entitlement to annual holiday with pay to be limited to six months (Article 5(2)); justified absence from work to be counted as part of the qualifying period of service (Article 5(4)); public holidays and periods of incapacity due to sickness or injury not to be counted as part of the minimum annual holiday (Article 6); payment of holiday pay in advance (Article 7(2)); prohibition of agreements to relinquish the right to annual holiday or forgo such holiday for compensation (Article 12). The Committee once more requests the Government to take appropriate action without further delay to ensure that the national legislation gives full effect to the specific provisions of the Convention highlighted above and to keep the Office informed of any progress made in this respect.