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

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

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.