Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Formulation of a national policy. The Committee notes the Government’s report received in September 2008, replying to the observation of 2006. The Government states that there is still no national policy framework or specific law governing paid educational leave as the social partners have failed to agree on the matter. However, it will be brought up for discussion in the National Labour Board, the establishment of which is provided for by the Labour Institutions Act of 2007. The Government states that it supports and promotes training at all levels and again indicates that there is no legislation in contradiction with the Convention. The Government further indicates that the Industrial Training Act regulates the training of workers. Although the Act has no specific provisions on paid educational leave, it does provide for the establishment of a National Industrial Training Council and several training committees, in specified industries. Referring to its previous comments, the Committee reminds 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 all levels of 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 also 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. Furthermore, Article 9(b) of the Convention provides that special provisions are to be established, as necessary, for particular categories of workers and undertakings liable to have difficulty in fitting into general arrangements (clauses (a) and (b)). The Committee requests the Government, in association with the social partners and with institutions and bodies providing education and training, to adopt measures to create the necessary conditions for formulating and applying a national policy to promote the granting of paid educational leave (Article 6). Lastly, the Committee invites the Government to send any reports, studies, surveys or statistical data allowing it to assess the extent to which the Convention is applied in practice (Part IV of the report form).