68
65.5
Limited Access to
Decent Work
40
60
60
50
60
75
60
100
100
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §17(10) of the Employment Act 2007; §43-47 of the Labour Institutions Act 2007 |
| Does the law require regular payment of wages? | Yes | 1 | §2, 17-21 of the Employment Act 2007; §50 of the Labour Institutions Act, 2007 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §6(2) of the Regulation of Wages (General) Order 1982 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §6 (1b) of the Regulation of Wages (General) Order 1982 |
| Does the law require additional compensation for night work? | No | 0 | §5-6 of the Regulation of Wages (General) Order, 1982 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| 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 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §27(2) of Employment Act 2007; §6-7 of the Regulation of Wages (General) Order 1982 |
| 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §9-10 of the Employment Act 2007 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | § 2 & 42 of the Employment Act, 2007 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | § 35-36 & 43-51 of the Employment Act 2007 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | § 35(5,6), 40(1g) of the Employment Act 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | § 29(8) of the Employment Act 2007 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | § 71 of the Health Act, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §5(3) of the Employment Act 2007 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §29 of the Employment Act 2007 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §29(1) of the Employment Act, 2007 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | No | 0 | §29(1) of the Employment Act, 2007 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | § 46 of the Employment Act 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §101 & 102 of the Occupational Safety and Health Act 2007 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §99 of the Occupational Safety and Health Act 2007 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §10 & 28-37 of the Work Injury Benefits Act 2007; ISSA Country Profile for Kenya |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §36 of the National Social Security Fund Act 2013; Retirement Benefits Act 1997 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §37 & 40 of the National Social Security Fund Act 2013 |
| Does the law provide for unemployment benefit? | No | 0 | National Employment Authority Act 2016; ISSA Country Profile for Kenya |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §30 of the Employment Act 2007; ISSA Country Profile for Kenya |
| Does the law provide for invalidity benefit? | Yes | 1 | §38 of the National Social Security Fund Act 2013 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6 of the Employment Act 2007; §28 of the Sexual Offences Act 2006 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §91 of the Employment Act, 2007 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | National Social Security Fund Act 2013; ISSA Country Profile for Kenya |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §56, Employment Act, 2007; §7, Children Act 2001; Rule 12, Employment (General) Rules, 2014 |
| 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 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §2, 53-64, Employment Act 2007; §2 & 10 (1), Children Act 2001 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §41, Constitution 2010; § 54-61, Labour Relation Act 2007 |
| Does the law provide for the right to strike? | No | 0 | §41, Constitution 2010; §76-81 & fourth schedule, Labour Relation Act 2007 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §79(3) of the Labour Relation Act 2007 |
