Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Paid Educational Leave Convention, 1974 (No. 140) - Kenya (Ratification: 1979)

The Committee notes the Government’s report on the application of the Convention for the period ending on 30 June 2006.

Formulation of a national policy. The Committee notes the Education Statistical Booklet 1999-2004, which covers among other things pre-work basic vocational and technical training. It observes, however, that the Government has still not formulated a national policy or adopted any specific legislation on the grant of paid leave to workers for educational purposes for a specified period during working hours, with adequate financial entitlements. The Government reports that the Task Force set up to revise the labour legislation, which was to examine amendments to meet the requests of the Committee of Experts, failed to reach agreement on the inclusion of paid educational leave in the proposed legislation. According to the Government, there is no legislation contrary to the Convention, paid educational leave being agreed according to operational and individual requirements in both public and private sectors. The public sector has Ministerial Training Committees which review training needs, and in the private sector paid educational leave is negotiated either between the union and management or individuals. The Government specifies that it is unable to provide any reports, studies, surveys or statistics showing the length of leave granted and the financial entitlements of workers who are granted educational leave. The Committee would remind the Government that the formulation and application of a policy designed to promote the granting of paid educational leave for the purpose of training at any level, general, social and civic education and trade union education, are obligations that derive from ratification of the Convention pursuant to Article 2. It points out in particular that Article 2 facilitates application of the Convention by allowing methods to promote the granting of paid educational leave to be adapted to national conditions and practice and to be implemented in stages as necessary, as does Article 9(b), under which special provisions are to be established for particular categories of workers and undertakings liable to have difficulty in fitting into general arrangements (paragraphs (a) and (b)). The Committee asks the Government to take measures rapidly to create the necessary conditions for formulating and applying a national policy to promote the granting of paid educational leave, in association with the social partners and institutions or bodies providing education and training, as prescribed by Article 6, to report on them promptly to the Office and to provide any relevant texts.