Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C100

Observation

2008

Direct Request

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Articles 1 and 2 of the Convention. Legislation. Scope of application. The Committee recalls its previous comments on the general equality provisions contained in the Constitution in articles 27 and 41(2) which, although important, are unlikely to be sufficient to ensure the application of the principle of equal remuneration for men and women for work of equal value. It also refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee reiterates its request to the Government to indicate how it is ensured 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 specific measures taken to this end.

Articles 2 and 3. Determination of minimum wages and objective job evaluation. The Committee notes the Government’s indication that the Ministry for East African Community, Labour and Social Protection has conducted a study, with the support of the ILO, with a view to the development of a National Wages and Remuneration Policy which duly takes into account the principle of the Convention. It also notes that in 2015 the Salaries and Remuneration Commission launched a job evaluation exercise in the public sector with the two fold objective of harmonizing the wage structure and addressing existing disparities. The Committee further notes that the Government has adopted a phased approach towards the review of the Kenya National Classification Occupations Systems (KNOCS) which has, so far, encompassed a sectoral study of the information and communication technology sector. The National Manpower Development Committee is also in the process of being reconstituted to accompany the review process and examine non-classified titles with a view to establishing specific job descriptions. The Committee asks the Government to provide information on the status of the National Wages and Remuneration Policy and any specific measures taken to ensure the application of the principle of equal remuneration for men and women for work of equal value. Recalling that particular attention must be paid to ensuring that, when determining wage rates through job evaluation, skills considered to be “female” are not undervalued or overlooked in comparison to skills related to work traditionally performed by men, the Committee also asks the Government to provide information on the results of the job evaluation exercise in the public sector and the measures taken to address remuneration disparities between men and women performing work of equal value. It is also requested to provide information on the progress made in the review of the KNOCS in the light of the principle of the Convention.

Collective agreements. The Committee notes the copies of the collective agreements supplied with the Government’s report. It notes the Government’s indication that collective agreements do not include gender bias in remuneration. While noting this information, the Committee wishes to recall that, due to persisting occupational sex segregation in the labour market, it is not sufficient to ensure equal remuneration for men and women for “equal”, “the same” or “similar” work, but care must be taken when determining remuneration rates to encompass also work that, despite being of an entirely different nature, is nevertheless of equal value. Noting that none of the collective agreements supplied with the Government’s report explicitly refer to the principle of equal remuneration for men and women for work of equal value, the Committee encourages the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of collective agreements comply with the principle of the Convention and use gender-neutral terminology, and to provide information on the measures taken in this respect. It is also requested to continue to supply extracts of relevant collective agreements reflecting the principle of equal remuneration for men and women for work of equal value.

The Committee notes that the Government’s report does not contain a reply to its other previous comments. It hopes that the next report will contain full information on the matters raised in its comments made in 2013.

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.

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.