Weekly Rest (Industry) Convention, 1921 (No. 14) - Kenya (Ratification: 1964)

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

Articles 4, 5 and 7 of the Convention. Total or partial exceptions – Posting of notices. The Committee notes the Government’s indication that the conditions under which total or partial exceptions to the normal weekly rest scheme may be authorized, or the manner in which a worker performing work on a weekly rest day may be compensated, are found in the General Order, 1990. The Government also indicates that the General Order is currently under review by the General Wages Council. As regards the posting of notices, the Government indicates that regulations implementing the Employment Act of 2007 are under preparation and once adopted they will provide for the posting of notices at the workplace, to be drawn up in accordance with a prescribed form. The Committee requests the Government to transmit a copy of the General Order, 1990, and to keep the Office informed of any progress concerning the adoption of the employment regulations.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Day of weekly rest. The Committee notes the adoption of the new Employment Act 2007, in particular section 27(2) which provides that an employee is entitled to at least one rest day in every period of seven days. The Committee recalls, in this respect, that the Convention is articulated around three main principles, that is continuity (a period of rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted as far as possible simultaneously to the whole of the staff). It accordingly requests the Government to specify how it is ensured both in law and in practice that weekly rest: (i) comprises at least 24 consecutive hours; (ii) wherever possible, is granted simultaneously to the whole of the staff of each enterprise; and (iii) wherever possible, is fixed so as to coincide with the day already established by tradition or custom.

Articles 4 and 5. Total or partial exceptions. The Committee notes that the Employment Act 2007 does not contain any provisions regulating total or partial exceptions to the normal weekly rest scheme. The Committee considers, however, that under modern conditions and in specific workplaces a need may inevitably arise to perform work during the weekly rest day, either due to operational reasons (for instance, in hospitals, hotels, newspapers, continuous processes, transport) or on account of unforeseen events (for example, in the case of accidents, force majeure or urgent work to premises or equipment). It therefore requests the Government to specify the conditions under which and the limits within which work may be authorized on a weekly rest day. It also requests the Government to indicate whether, in the case of total or partial exceptions to the normal weekly rest scheme, provision is made, as far as possible, for compensatory periods of rest.

Article 7. Posting of notices. The Committee notes that the Employment Act 2007 is silent on the means by which workers should be kept informed of the weekly rest schedule applicable to them. The only provision that may be regarded as relevant is section 91(1) of the Employment Act which provides that the Minister may issue rules, among others, prescribing the form, and providing for the display in places of employment of notices relating to wages and the terms and conditions of employment. The Committee accordingly requests the Government to specify the legislative, regulatory or other provisions which require employers to make known the days and hours of weekly rest by means of notices where the rest is given collectively, or to draw up a roster where the rest is not granted collectively, as prescribed by this Article of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply general information on the application of the Convention in practice, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decision taken or envisaged in this respect.