Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Kenya (Ratificación : 2001)

Articles 1 and 2 of the Convention. Legislation. Scope of application. The Committee recalls that section 3 of the Employment Act, 2007, excludes from its scope of application: the armed forces, Kenya police, Kenya prisons service or Administration Police Force, National Youth Service (NYS), and an employer and its dependants where they are the only employees in a family undertaking. In its report, the Government affirms that the principle of equal pay for men and women for work of equal value is applied in both the private and public sectors, and that specific attention is given to dependants employed in family undertakings to ensure that the principle is applied to them. The Committee notes that in order to ensure that the principle of the Convention is applied to members of the armed and police forces, the prisons service and the NYS, the Salaries and Remuneration Commission (SRC): (1) shall promote just and equitable pay structures and monitor compliance with pay regulations and guidelines; (2) conducts training and awareness-raising activities on the principle in coordination with other government entities; (3) conducts gender audits and reviews and also gathers and analyses data with a view to detecting and eradicating gender pay discrepancies; and (4) develops and enhances processes in order to resolve complaints against gender-based pay discrimination. In the absence of reference to any special laws, regulations orspecific provisions on equal remuneration for men and women for work of equal value in the text governing their employment,the Committee requests the Government to provide information on the application of the principle of the Convention to dependants in family undertakings.

Articles 2 and 3. Determination of wages and objective job evaluation. The Government stresses that the National Wages and Remuneration Policy has been developed to ensure fair and equitable remuneration in both public and commercial sectors, and that the General Wages Order takes into consideration almost all the sectors and that the rates adopted apply to all workers without discrimination based on gender. The Policy does include objective job evaluation procedures to ensure that equitable wage structures are established without gender bias. The Government reports that the Policy is in an advanced stage as a Cabinet Memorandum (comments from various Ministries are being incorporated) and will be submitted for Cabinet approval before the end of 2024. The Government also indicates that: (1) Wage Councils play a crucial role in wages determination in the private sector and in the development of wage orders; (2) the principle of the Convention is spelled out in various wages orders; and (3) training, objective job evaluation systems, regular reviews, and engagement with trade unions and gender advocacy groups ensure that the criteria used by Wage Councils are free from gender bias. The Committee notes that the SRC is tasked with conducting the job evaluation process in the public service, which contributes to the reduction of pay disparities and ultimately their eradication. The Committee also notes the Central Organization of Trade Unions of Kenya (COTU-K)’s observations that wage discrimination against women remains widespread, and that discrimination in employment and occupation continues to confine women to low-paying jobs. This underscores the need for increased investment in civic education to empower women and raise awareness among the general public. COTU-K further observes that the principles of the Convention are not consistently applied across various sectors and emphasizes the need for a national job evaluation framework to ensure that workers in both the private and public sectors are paid equitably, without gender-based discrimination. For instance, in the private sector, women in the sports industry often earn significantly less than their male counterparts, making it difficult for them to sustain a livelihood. Similarly, in the public sector, teachers and healthcare professionals frequently face inferior employment terms, resulting in reduced cash and non-cash benefits. The Committee highlights that no provision in the Convention limits its scope as regards individuals or branches of activity, hence the Government's efforts must be aimed at ensuring that the principle of the Convention is applied to all workers, in all sectors of activity, in the public and the private sectors, including in the formal and informal economy (see the of 2012 on fundamental Conventions, paragraph 658). The Committee asks the Government to provide its comments regarding COTU-K’s observations. Please provide information on: (i) the progress made in the adoption of the National Wages and Remuneration Policy; (ii) the sectors where the General Wages Order does not apply; and (iii) the criteria used to evaluate jobs both in the private and public sectors, and how the Government ensures that the classification of jobs is free from gender bias, and that it does not result in jobs generally occupied by women being undervalued.

Collective agreements. The Government indicates that several measures have been taken in close cooperation with the social partners to ensure that the principle of the Convention is observed in collective agreements. The Government gives the following examples: (1) Training programmes for negotiators involved in collective bargaining which focus on gender equality and the principle of the Convention are conducted in collaboration with the social partners; (2) Regular workshops and seminars are organised to raise awareness among employers and trade union representatives about the importance of incorporating the principle in collective agreements; (3) The Ministry of Labour and Social Protection develops guidelines for collective bargaining and, in collaboration with the SRC, conducts regular reviews of collective agreements to ensure that they comply with the principle; (4) The National Labour Board monitors and assesses the adherence to equal pay provisions in the public and commercial sectors through analyses of the collective agreements to make sure they comply with the principle; (5) The Government facilitates social dialogue between employers, trade unions, and other stakeholders to discuss and address issues related to equal remuneration; (6) Gender advocacy groups are engaged in collective bargaining; and (7) Workers and employers are informed through media campaigns about the legal requirements and benefits of the principle. The Committee welcomes the measures taken to ensure that the principle of the Convention is applied in collective agreements. It therefore requests the Government to provide extracts from collective agreement clauses that relate to the principle of equal pay for men and women for work of equal value, as enshrined in the Convention.

Article 4. Cooperation with workers’ and employers’ organizations.National Labour Board. With regard to the National Labour Board's efforts to promote equal remuneration for men and women for work of equal value, the Government underscores the Board’s commitment to advancing gender pay parity across all industries. To achieve this, the Board undertakes the following actions: (1) Investigating remuneration across sectors and providing recommendations to the Minister of Labour on minimum wage standards; (2) Commissioning research and surveys to gather data on pay disparities between men and women and to monitor progress towards wage equality; (3) Promoting gender pay equality through the effective negotiation of collective bargaining agreements; (4) Conducting gender audits across industries to assess the extent of wage gaps and implement appropriate responses; (5) Organizing tripartite consultations to resolve disputes related to wage equality; (6) Collaborating with labour inspectors to ensure compliance with labour laws; and (7) Facilitating information sharing and raising public awareness on issues such as remuneration and gender-based discrimination. The Committee takes note of this information.

Statistics. The Committee refers to the general statistics on women’s labour force participation provided by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also notes that, in its observations, COTU-K underscored the persistence of occupational segregation, which is one of the deep-rooted causes of pay gaps between men and women workers. The Committee further notes that the Decent Work Country Programme (DWCP) for Kenya covering the 2021–24 period indicates that the gender pay gap (which was estimated at 32 per cent in 2020) should be reduced to 10 per cent by 2024. The Committee would therefore like to emphasize that, to address fully the continuing remuneration gap between men and women which is based on sex, an analysis of the position and pay of men and women in all job categories within and between the various sectors is required. In that regard, it draws the Government’s attention to its 1998 General Observation on the Convention which provides specific guidance on the type of statistics, disaggregated by gender, that should be provided as a basis for the evaluation of the level of occupational segregation. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard. The Committee asks the Government to continue working on the compilation of full statistical information on the respective levels of remuneration of men and women in the various sectors of the economy and, in the meantime, to communicate any relevant statistical data on women’s participation in the labour market. Please also report on the achievements of the DWCP regarding the above-mentioned objective.