Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Kenya (Ratification: 1979)

The Committee notes the Government's statement in its report for the period ending 30 June 1990 that it is necessary to effect certain amendments to Kenyan legislation (i.e. the Employment Act, cap. 226) in order to ensure full compliance with the requirements of the Convention as pointed out by the Committee. Specifically, the Committee has previously commented on the application of Article 8 of the Convention (the guarantee of an uninterrupted holiday of two weeks in the event of division of the holiday), Article 12 (prohibition of any agreement to relinquish the right to the annual holiday with pay or to forgo such a holiday), Article 5(4) (counting absences from work due to illness, injury or maternity leave as part of the period of service for the purpose of determining entitlement to holiday) and Article 7(2) (payment of the remuneration due in advance of the holiday unless provided to the contrary in an agreement applicable to the worker and the employer).

The Committee hopes that the Government will soon be in a position to report that the necessary legislative amendments have been made. It also hopes that the Government will not hesitate to avail itself of any technical assistance or advice the Office might be able to offer in the preparation of the necessary amendments to legislation.