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Kenya - Working time - 2011


LAST UPDATE

8 April 2011

SOURCES


Name of Act

Regulation of Wages (General) Order 1982, Kenya Subsidiary Legislation 1982, Legal Notice No. 120, pp329-341, effective from 1 August 1982

Name of Act

Employment Act 2007, Kenya Gazette Supplement No. 107 (Acts No. 11) Nairobi 26 October 2007 pp357-436

LEGAL DEFINITIONS


Employee/worker

Employee means a person employed for wages or a salary and includes an apprentice and indentured learner.
Employment Act 2007 §2
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Employer

Employer means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company.
Employment Act 2007 §2
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Domestic worker

The term domestic worker is not defined, but falls within the definition of employee in §2 of the Employment Act 2007.
Employment Act 2007 §2

Young worker

Child means a person who has not attained the age of 18 years.

Young person means a child who has attained the age of 16 years but not attained the age of 18 years.
Employment Act 2007 §2

NORMAL HOURS LIMITS

Weekly hours limits are prescribed.

Daily hours limit

No daily hours limit identified.
Employment Act 2007
Regulation of Wages (General) Order 1982

Special categories

A daily hours limit is imposed on workers under the age of 16 years.
Regulation of Wages (General) Order 1982 §5(3)

» Young workers

No person under the age of 16 years shall be required to work for more than 6 hours in any day.
Regulation of Wages (General) Order 1982 §5(3)
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Weekly hours limit

The normal working weeks shall consist of not more than 52 hours of work spread over six days of the week.
Regulation of Wages (General) Order 1982 §5(1)

General limit

52 hours in 6 days
Regulation of Wages (General) Order 1982 §5(1)
Historical data (year indicates year of data collection)
  • 2009: 52 hours in 6 days
  • 2007: 52 hours
  • 1995: 52 hours (45 hours a week in practice)

Reference period(s)

6 day workweek
Regulation of Wages (General) Order 1982 §5(1)

Exceptions

The normal working week of a person employed on night work shall consist of not more than 60 hours of work per week.
Regulation of Wages (General) Order 1982 §5(2)

Special categories

A higher weekly hours limit applies to night workers.
Regulation of Wages (General) Order 1982 §5(2)

» Night work

The normal working week of a person employed on night work shall consist of not more than 60 hours of work per week.
Regulation of Wages (General) Order 1982 §5(2)

OVERTIME WORK

Overtime work is limited and compensable at penalty rates.
Regulation of Wages (General) Order 1982

Criteria for overtime

No criteria for overtime work identified.

Limits on overtime hours

Total hours of work are limited with reference to 2 week periods.
Regulation of Wages (General) Order 1982

General limits

Overtime plus time worked in normal hours per week shall not exceed 116 hours in total in any period of 2 consecutive weeks.
Regulation of Wages (General) Order 1982 §6(3)(b)
Historical data (year indicates year of data collection)
  • 2009: 116 hours in total (normal and overtime hours)per 2 week period
  • 2007: 116 hours in total (normal and overtime hours)per 2 week period
  • 1995: Maximum 116 hours in 2 consecutive weeks.

Restrictions/exceptions

For employees engaged in night work, overtime plus time worked in normal hours per week shall not exceed 144 hours in total in any period of 2 consecutive weeks.
Regulation of Wages (General) Order 1982 §6(3)(a)

Compensation for overtime work

The Regulation of Wages (General) Order 1982 provides for penalty rates for overtime work.
Regulation of Wages (General) Order 1982 §6

Overtime rate(s)

50 percent more for work performed on working days. 100 percent more for work performed on rest days and public holidays.
Regulation of Wages (General) Order 1982 §6(3)(a) and (b)
Historical data (year indicates year of data collection)
  • 2009: 50 percent more for work performed on working days. 100 percent more for work performed on rest days and public holidays.
  • 2007: 50 per cent for work performed on working days. 100 per cent for work performed on rest days and public holidays.
  • 1995: 50% on working days and 100% on rest days and on public holidays.

Notice of requirement to work overtime

No statutory notice requirements identified.

Special categories

The total working hours limit for night workers is higher than the limit for other adult employees.
Regulation of Wages (General) Order 1982

Night work

For employees engaged in night work, overtime plus time worked in normal hours per week shall not exceed 144 hours in total in any period of 2 consecutive weeks.
Regulation of Wages (General) Order 1982 §6(3)(a)

SCHEDULES

An employer shall regulate the working hours of each employee in accordance with the provisions of the Employment Act and any other written law.
Employment Act 2007 §27(1)

REST PERIODS

Weekly rest periods are prescribed.

Rest breaks

No general statutory provisions on rest breaks identified.
Employment Act 2007

Daily rest periods

No general statutory provisions on daily rest identified.
Employment Act 2007

Weekly rest periods

An employee shall be entitled to at least one rest day in every period of seven days.
Employment Act 2007 §27(2)

Duration

1 day
Employment Act 2007 §27(2)

Day specified

No day is specified.
Employment Act 2007

Work on weekly rest day

Penalty rates apply to work performed on an employee’s normal rest day. Alternatively, the employer and employee may agree to defer the employee’s day of rest.
Regulation of Wages (General) Order 1982 §§6(1)(b), 7

» Compensation (for working on a rest day)

Time worked on an employee’s normal rest day is payable at twice the normal hourly rate.
Regulation of Wages (General) Order 1982 §6(1)(b)

» Prohibitions and limitations

The weekly rest day of a person under the age of sixteen years shall not be deferred.
Regulation of Wages (General) Order 1982 §7(ii)

ANNUAL LEAVE AND PUBLIC HOLIDAYS

Annual leave and public holidays are regulated by the Employment Act 2007 and the Regulation of Wages (General) Order 1982.
Employment Act 2007
Regulation of Wages (General) Order 1982

ANNUAL LEAVE

Employees have an entitlement to annual leave on full pay.
Employment Act 2007 §28
Regulation of Wages (General) Order 1982 §9

Qualifying period

All employees are entitled to paid annual leave after 12 consecutive months of service.
Employment Act 2007 §28(1)(a)

Duration

Not less than 21 working days.
Employment Act 2007 §28(1)(a)

» General

An employee shall be entitled to not less than 21 working days after every 12 consecutive months of service with his employer. Where employment is terminated after then completion of two or more consecutive months of service during any 12 months’ leave-earning period, to not less than 1.75 days of leave for each completed month of service.

The annual leave entitlement is additional to all public holidays, weekly rest days and sick leave, whether fixed by law or agreement.
Employment Act 2007 §28(1)(a) and (b)
Regulation of Wages (General) Order 1982 §9
Historical data (year indicates year of data collection)
  • 2009: 21 days
  • 2007: 21 days
  • 1995: 21 working days.

Payment

The entitlement is to leave with full pay.
Employment Act 2007 §28

» Amount

The employee is to receive his full pay for the period of annual leave. Full pay includes wages and salary at the basic minimum rate excluding any deductions from wages made by virtue of the Employment Act.
Employment Act 2007 §28(1)(b)
Regulation of Wages (General) Order 1982 §9

Schedule and splitting

An employer may, with the consent of the employee, divide the minimum annual leave entitlement into different parts to be taken at different intervals. However, unless otherwise provided in an individual or collective agreement, one part of the parts agreed upon shall consist of at least 2 uninterrupted working weeks wherever the employee has accrued that much leave.

The uninterrupted period of leave is to be taken during the 12 months of service in which it accrues. The remainder of the annual leave shall be taken not later than 18 months from the end of the leave earning period.

Where in a contract of service an employee is entitled to leave days in excess of the minimum statutory entitlement (i.e. more than 21 working days), the employer and employee may agree on how to utilize the leave days.
Employment Act 2007 §28(2), (3), (4) and (5)

PUBLIC HOLIDAYS

All employees are entitled to paid public holidays.
Regulation of Wages (General) Order 1982 §8

Number and dates

There are 10 days declared to be holidays with full pay. These are:
1. New Year’s Day
2. Good Friday
3. Easter Monday
4. Labour Day
5. Madaraka Day
6. Idd-ul-Fitr Day
7. Kenyatta Day
8. Independence Day
9. Christmas Day
10. Boxing Day
Regulation of Wages (General) Order 1982 §8 and Schedule 4

Payment

Full pay
Regulation of Wages (General) Order 1982 §8

Work on Public Holidays


» Compensation

Time worked on public holidays shall be payable at twice the normal rate.
Regulation of Wages (General) Order 1982 §6(1)(b)

EMERGENCY FAMILY LEAVE

An employee desiring to take leave on compassionate grounds shall, by prior arrangement with the employer, be grated such leave up to his earned leave entitlement under §9 of the Regulation of Wages Order 1982 and the leave taken shall be subsequently set off against his annual leave. In addition, the employee may be granted 5 days’ unpaid compassionate leave in any year.
Regulation of Wages (General) Order 1982 §11

PART-TIME WORK

No statutory provisions dealing with part-time work identified.

NIGHT WORK

Higher weekly hours limits apply to employees engaged in night work.
Regulation of Wages (General) Order 1982 §§5, 6
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Limits

Higher weekly limits apply to employees employed in night work.
Regulation of Wages (General) Order 1982 §§5, 6

Weekly hours limit

The normal working week of a person engaged in night work shall consist of not more than 60 hours of work per week.
Regulation of Wages (General) Order 1982 §5(2)

Overtime work

For employees engaged in night work, overtime plus time worked in normal hours per week shall not exceed 144 hours in total in any period of 2 consecutive weeks.
Regulation of Wages (General) Order 1982 §6(3)(a)

Special categories

There are prohibitions on employing young people in night work.

Young workers

No person shall employ a child in an industrial undertaking between the hours of 6.30 p.m. and 6.30 a.m.
Employment Act 2007 §59(1)

SHIFT WORK

No statutory provisions dealing with shift work identified.

ON-CALL WORK

No statutory provisions dealing with on-call work identified.

FLEXITIME

No statutory provisions dealing with flexitime arrangements identified.

CASUAL WORK

A casual employee is a person the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than 24 hours at a time.
Employment Act 2007 §2

SHORT-TIME WORK/WORK-SHARING

No statutory provisions dealing with short-time work or work sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS

No statutory provisions establishing a right to change working hours identified.

INFORMATION & CONSULTATION

No information or consultation requirements identified.

Results generated on: 30th July 2014 at 02:57:11.
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