Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s earlier indication that following the conclusion of the Naivasha Comprehensive Peace Agreement and the promulgation of a transitional constitution in 2005, a tripartite committee has undertaken the revision of the labour legislation and the preparation of a consolidated Labour Code. The Committee also notes the Government’s statement that in formulating the draft new Labour Code, due account was taken of all the points raised in previous comments and therefore the new legislation is expected to give full effect to the requirements of Articles 3 (payment in legal tender), 6 (freedom of workers to dispose of their wages), 13, paragraph 2 (place of wage payment), and 14 (notification of wage conditions and statement of earnings). The Committee would be interested in receiving an advance copy of the draft text, and recalls that the Government may avail itself, if it so wishes, of the advisory services of the Office in finalizing the new Labour Code.

Moreover, the Committee draws once more the Government’s attention to the 2003 General Survey on the protection of wages, which reviews relevant State practice in length and gives guidance on possible ways in which legislative conformity with the Convention may be achieved. The Committee hopes that in its next report the Government will be in a position to provide full particulars on all the matters on which the Committee has been commenting for some time past.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.