Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

With reference to its previous comments, the Committee notes the Government's statement in its last report that the Employment Act, 1976 (section 7) is currently being amended to give effect to Article 8 (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, paragraph 4 (counting absences from work due to illness, injury or maternity leave as part of the period of service for the purposes of determining entitlement to holiday) and Article 7, paragraph 2, of the Convention (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 text in question will soon be amended in order to bring it into conformity with the provisions of the Convention. The Committee requests the Government to indicate in its next report the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.