67.5
68
65.5
Limited Access to Decent Work
60
60
60
50
60
75
60
100
100
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §17(10) of the Employment Act 2007; §43-47 of the Labour Institutions Act 2007 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §2, 17-21 of the Employment Act 2007; §50 of the Labour Institutions Act, 2007 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §6(2) of the Regulation of Wages (General) Order 1982 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §6 (1b) of the Regulation of Wages (General) Order 1982 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §5-6 of the Regulation of Wages (General) Order, 1982 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | No | 0 | §5-6 of the Regulation of Wages (General) Order 1982; §27 of the Employment Act 2007 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §6(3) of the Regulation of Wages (General) Order 1982 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §27(2) of Employment Act 2007; §6-7 of the Regulation of Wages (General) Order 1982 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §9(3) of Constitution of Kenya 2010; §8 of the Regulation of Wages (General) Order 1982; Public Holidays Act 1984 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | § 28 of the Employment Act 2007; §9 of the Regulation of Wages (General) Order 1982 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §9-10 of the Employment Act 2007 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | § 2 & 42 of the Employment Act, 2007 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | § 35-36 & 43-51 of the Employment Act 2007 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | § 35(5,6), 40(1g) of the Employment Act 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | § 29(8) of the Employment Act 2007 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | § 71 of the Health Act, 2017 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §5(3) of the Employment Act 2007 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §29 of the Employment Act 2007 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §29(1) of the Employment Act, 2007 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §29(1) of the Employment Act, 2007 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | § 46 of the Employment Act 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §101 & 102 of the Occupational Safety and Health Act 2007 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §99 of the Occupational Safety and Health Act 2007 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §10 & 28-37 of the Work Injury Benefits Act 2007; ISSA Country Profile for Kenya | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §36 of the National Social Security Fund Act 2013; Retirement Benefits Act 1997 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §37 & 40 of the National Social Security Fund Act 2013 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | National Employment Authority Act 2016; ISSA Country Profile for Kenya | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §30 of the Employment Act 2007; ISSA Country Profile for Kenya | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §38 of the National Social Security Fund Act 2013 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6 of the Employment Act 2007; §28 of the Sexual Offences Act 2006 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §27 & 32(3) of the Constitution of Kenya 2010; §5(3) of the Employment Act 2007 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §91 of the Employment Act, 2007 (No restrictive legal provisions located) | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | National Social Security Fund Act 2013; ISSA Country Profile for Kenya | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §56, Employment Act, 2007; §7, Children Act 2001; Rule 12, Employment (General) Rules, 2014 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §28 and 30 of the Basic Education Act, 2013; §4-6 of theEarly Childhood Education Act, 2021 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §2, 53-64, Employment Act 2007; §2 & 10 (1), Children Act 2001 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §2, 4 & 53, Employment Act 2007; §174 and 254–266, Penal Code, 2009; §13.1, Children Act, 2001 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §41, Constitution of Kenya 2010; §4-14, Labour Relation Act, 2007 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §41, Constitution 2010; § 54-61, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile) | Score adjusted because of availability of a legal source |
| Does the law provide the right to strike? | No | 0 | §41, Constitution 2010; §76-81 & fourth schedule, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §79(3) of the Labour Relation Act, 2007 | No Change |