Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Kenya (Ratification: 2001)

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.