Kenya

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2022 Score

68

Score Increase

2020 Score

65.5

Rating

Limited Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

60

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

60

Safe
Work

75

Social
Security

60

Fair
Treatment

100

Child &
Forced Labour

100

Trade
Union

75

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§17(10) of the Employment Act 2007; §43-47 of the Labour Institutions Act 2007
Does the law require regular payment of wages?Yes1§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?Yes1§6(2) of the Regulation of Wages (General) Order 1982
Does the law require additional compensation for working on a weekly rest day?No0§6 (1b) of the Regulation of Wages (General) Order 1982
Does the law require additional compensation for night work?No0§5-6 of the Regulation of Wages (General) Order, 1982

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?No0§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?No0§6(3) of the Regulation of Wages (General) Order 1982
Does the law require a weekly rest of at least 24 hours?Yes1§27(2) of Employment Act 2007; §6-7 of the Regulation of Wages (General) Order 1982
Does the law require paid public holidays?Yes1§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?Yes1§ 28 of the Employment Act 2007; §9 of the Regulation of Wages (General) Order 1982

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§9-10 of the Employment Act 2007
Does the law restrict the hiring of fixed-term contract workers?No0No applicable legal provisions could be located
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§ 2 & 42 of the Employment Act, 2007
Does the law require a 30-day notice before contract termination?Yes1§ 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?Yes1§ 35(5,6), 40(1g) of the Employment Act 2007

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?Yes1§ 29(8) of the Employment Act 2007
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§ 71 of the Health Act, 2017

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§5(3) of the Employment Act 2007
Does the law require paid maternity leave of at least 14 weeks?No0§29 of the Employment Act 2007
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§29(1) of the Employment Act, 2007
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?No0§29(1) of the Employment Act, 2007
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§ 46 of the Employment Act 2007

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§101 & 102 of the Occupational Safety and Health Act 2007
Does the law require the employer to train workers on health and safety issues?Yes1§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?No0No applicable legal provisions could be located
Does the law provide for employment injury benefit?Yes1§10 & 28-37 of the Work Injury Benefits Act 2007; ISSA Country Profile for Kenya

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§36 of the National Social Security Fund Act 2013; Retirement Benefits Act 1997
Does the law provide for a dependants'/survivors' pension?Yes1§37 & 40 of the National Social Security Fund Act 2013
Does the law provide for unemployment benefit?No0National Employment Authority Act 2016; ISSA Country Profile for Kenya
Does the law require paid sick leave for the first 6 months of sickness?No0§30 of the Employment Act 2007; ISSA Country Profile for Kenya
Does the law provide for invalidity benefit?Yes1§38 of the National Social Security Fund Act 2013

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§ 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007
Does the law prohibit sexual harassment in employment?Yes1§6 of the Employment Act 2007; §28 of the Sexual Offences Act 2006
Does the law prohibit discrimination in employment matters?Yes1§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?Yes1§91 of the Employment Act, 2007
Does the law guarantee basic labour protections for gig economy workers?Yes1National Social Security Fund Act 2013; ISSA Country Profile for Kenya

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§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?Yes1§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?Yes1§2, 53-64, Employment Act 2007; §2 & 10 (1), Children Act 2001
Does the law prohibit forced labour?Yes1§2, 4 & 53, Employment Act 2007; §174 and 254–266, Penal Code, 2009; §13.1, Children Act, 2001

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§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?Yes1§41, Constitution 2010; § 54-61, Labour Relation Act 2007
Does the law provide for the right to strike?No0§41, Constitution 2010; §76-81 & fourth schedule, Labour Relation Act 2007
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§79(3) of the Labour Relation Act 2007