Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

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.