Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage Fixing Convention, 1970 (No. 131) - Kenya (Ratification: 1979)

The Committee notes the Government’s reports and the attached documents.

Article 2, paragraph 1, of the Convention. The Committee notes that, under the Regulation of Wages (General) (Amendment) Order, 2002 and the Regulation of Wages (Agricultural Industry) (Amendment) Order, 2002, the minimum wage rates previously applicable to employees under 18 years of age have been deleted. The Committee also notes the Government’s statement that the measure was taken as a step towards the effective abolition of child labour in conformity with ratified Conventions Nos. 138 and 182.

Article 4, paragraph 1. The Committee notes the Government’s indication that the General Wages Advisory Board established a new wages council, i.e. the General Engineering Trade Wages Council, to formulate wages and conditions of employment for employees in the general engineering trades in view of the fact that new industries emerge and there is need to afford the vulnerable employees some form of protection especially since most employees declared redundant are in the informal sector and out of range of union representation. The Committee would appreciate receiving additional information on the evolution of the situation and the measures considered by the Government in order to extend the coverage of protective legislation in respect of minimum permissible wages to all workers with very low incomes.

Article 4, paragraphs 2 and 3. The Committee notes that, according to the information contained in the Government’s report, employee representatives were not present or withdrew from the meeting of the Agricultural Wages Advisory Board held in April 2001 and the meeting of the General Wages Advisory Board held in April 2002. In this regard, the Committee is bound to recall that the principle of full consultation and direct participation of employers’ and workers’ organizations in the operation of the minimum wage-fixing machinery is one of the most essential requirements of the Convention and that the Government has a special responsibility to ensure its application in law and practice. However, as the Committee has pointed out on a number of occasions, it is not only up to governments to guarantee this principle but its observance also involves the willingness of the parties concerned to collaborate in the consultation and participation procedures. In light of the above, the Committee requests the Government to indicate the measures taken or envisaged to avoid the recurrence of the April 2001 experience so as to ensure that the consultation and participation of the social partners in equal numbers and on equal terms is respected in practice and that the representatives of employers and workers are effectively given the opportunity to have a real influence on the decisions to be taken in a true spirit of tripartism. The Committee asks the Government to keep it informed of any new developments in this regard.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee notes the extracts from the 2001 Labour Department Annual Report and the statistical information on labour complaints, violations reported and inspections/prosecutions conducted by the department. The Committee would appreciate if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.