Section 7. Worker Rights
The law provides for the right to form and join trade unions and conduct legal strikes, but with significant restrictions. There is no right to collective bargaining, although the law provides for collective agreements. The law identifies specific groups of public- and private-sector workers who may organize. It also defines 17 industries and professions in which trade unions may be established. The law requires that these 17 trade unions belong to the government-linked General Federation of Jordanian Trade Unions, the country’s sole trade union federation. The establishment of new unions requires at least 50 founding members and approval from the Ministry of Labor. The law authorizes additional professions to form professional associations on a case-by-case basis.
There were no reports of threats of violence against union heads, although labor activists alleged that the security services pressured union leaders to refrain from activism that challenged government interests. Strikes generally occurred without advance notice or registration.
In July authorities suspended The Jordanian Teachers Syndicate (the syndicate) and detained its 13-member governing board. All were released on bail following 30 days in detention. Security forces raided several of the syndicate’s offices. Under the suspension, the syndicate is prohibited for two years from conducting any activities or using its headquarters in Amman or its 12 branch offices in the governorates. Authorities stated they had acted against the syndicate because of financial transgressions under investigation by the Anti-Corruption Commission, inflammatory decisions issued by the syndicate’s council and circulated on social media, and videos of “incendiary” remarks by acting syndicate head Nasser Nawasreh released on social media. All public school teachers belong to the syndicate, which has approximately 100,000 members. On July 25 and 29, hundreds of teachers and their supporters protested in Amman and other cities (see section 2.b.).
On August 3, the International Trade Union Confederation (ITUC) sent a letter to the government in which it denounced the attacks against the syndicate, emphasizing that the international right to freedom of association is protected by law. ITUC called for the government to immediately release the arrested teachers and syndicate council members, to annul the Attorney General’s order to dissolve the syndicate, and to refrain from further attacks against and harassment of the syndicate and its members. The NCHR reported that some detained teachers signed pledges not to participate in protests or disturb the public order.
When conflicts arise during labor negotiations, the law requires that union representatives and employers first attempt to resolve the issue through informal mediation. If the issue remains unresolved, the union is required to submit a request for a Ministry of Labor-appointed mediation. Labor-appointed mediators are assigned to cases for up to 21 days. If initial mediation fails, the issue is referred to a higher mediation council composed of an employer representative, a labor representative, and a chair appointed by the minister of labor. If the council’s adjudication is unsuccessful, this issue is referred to a labor court with a panel of ministry-appointed judges for 21 days.
In March, in response to the COVID-19 pandemic, the government suspended the mandatory legal periods and deadlines regarding labor disputes stipulated in the law. The judiciary resumed operations on June 1.
In December 2019 the General Trade Union of Workers in Textile, Garment and Clothing Industries, along with the Jordan Garments, Accessories & Textiles Exporters’ Association and the Association of Owners of Factories, Workshops and Garments signed a three-year collective bargaining agreement (CBA). The agreement added new provisions to its previous versions and adopts internal policies proposed by the Ministry of Labor to eliminate abusive behaviors. The new CBA calls for employers to provide medical care for workers and to adopt zero-tolerance policies against sexual harassment. The Ministry of Labor signed a total of 19 CBAs in the year.
The law allows foreign workers to join unions but does not permit them to form unions or hold union office. Authorities did not permit civil servants to form or join unions or engage in collective bargaining. No new trade union has been established since 1976. The law prohibits antiunion discrimination and protects workers from employer retaliation for union affiliation or activities. The law does not explicitly provide the right to reinstatement for workers fired due to antiunion views.
There are limits on the right to strike, including a requirement to provide a minimum of 14 days’ notice to the employer. The law prohibits strikes if a labor dispute is under mediation or arbitration. The law prohibits management from arbitrarily dismissing workers engaged in labor activism or arbitration, but enforcement was inconsistent. Labor organizations reported that some management representatives used threats to intimidate striking workers.
The government did not fully respect freedom of association and the right to collective bargaining. Many worker organizations were not independent of the government, and the government influenced union policies and activities.
The government subsidized and audited salaries and activities of the General Federation of Jordanian Trade Unions and monitored union elections. The government denied recognition to independent unions organized outside the structure of the government-approved federation. The government did not meet with these unions, and the lack of legal recognition hampered their ability to collect dues, obtain meeting space, and otherwise address members’ workplace concerns. Labor organizations also reported difficulty getting government recognition for trade unions in new sectors beyond the 17 sectors established in law, in part because new unions would require approval by a tripartite committee in which the existing 17 union heads are represented.
Some foreign workers whose residency permits are tied to work contracts were vulnerable to retaliation by employers for participating in strikes and sit-ins. Participation in a legally unrecognized strike is counted as an unexcused absence under the law. The law allows employers to consider employment contracts void if a worker is absent more than 10 consecutive days, as long as the employer provides written notice. Labor rights organizations reported instances of refusing to renew foreign workers’ contracts due to attempts to organize in the workplace.
Observers noted that the labor code did not explicitly protect nonunionized workers from retaliation. This was particularly the case for foreign workers in all sectors as well as citizens working as day laborers in the public sector on short-term contracts.
Labor NGOs working to promote the rights of workers generally focused on promoting the rights of migrant workers. Labor NGOs did not face government restrictions in addition to or apart from those discussed in section 2.b.
The law prohibits all forms of forced or compulsory labor except in an emergency such as war or natural disaster or when prison sentences include hard labor. The government enforced the law, although penalties were not commensurate with those prescribed for analogous crimes in all cases. Labor activists noted that law enforcement and judicial officials did not consistently identify victims or open criminal investigations of forced labor.
The government inspected garment factories, a major employer of foreign labor, and investigated allegations of forced labor. A 2019 study by the Global Alliance against Trafficking in Women found that female Bangladeshi garment workers in the country suffered physical, verbal, and psychological abuse and were provided crowded, bedbug-infested living conditions and unsanitary food. Forced labor or conditions indicative of forced labor also occurred among migrant workers in the domestic work and agricultural sectors. Activists highlighted the vulnerability of agricultural workers due to minimal government oversight. Activists also identified domestic workers, most of whom were foreign workers, as particularly vulnerable to exploitation due to inadequate government oversight, social norms that excused forced labor, and workers’ isolation within individual homes. Activists further noted cases where domestic workers who used an employer’s phone to complain to a Ministry of Labor hotline sometimes experienced retaliation when the hotline returned the call to their employers. In 2019 the International Organization for Migration reported the Ministry of Labor’s Countertrafficking Unit preferred to settle potential cases of domestic servitude through mediation rather than referring them for criminal prosecution. High staff turnover at the unit also reportedly made prosecution more difficult.
Government bylaws require recruitment agencies for migrant domestic workers to provide insurance with medical and workplace accident coverage. The bylaws authorize the Ministry of Labor publicly to classify recruitment agencies based on compliance with the labor law, and to close and withdraw the license of poorly ranked agencies. As of August the ministry warned 23 recruitment agencies and transferred 11 domestic helper complaints to the PSD’s Countertrafficking Unit. A closure recommendation is an internal procedure in which inspectors send to the minister of labor their recommendation to close recruitment agencies with multiple labor violations. Based on that recommendation, the minister may issue a closure decision.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits all of the worst forms of child labor. The law forbids employment of children younger than age 16, except as apprentices in light work. The law bans those between the ages of 16 and 18 from working in hazardous occupations, limits working hours for such children to six hours per day, mandates one-hour breaks for every four consecutive working hours, and prohibits work after 8 p.m., on national or religious holidays, and on weekends.
The Ministry of Labor’s Child Labor Unit was responsible for coordinating government action regarding child labor in collaboration with the National Committee on Child Labor. The Child Labor Unit, with the ministry’s labor inspectors, was responsible for enforcing all aspects of the labor code, including child labor. Authorities referred criminal violations to the magistrate’s penalty court which handles labor cases. The law provides that employers who hire a child younger than age 16 pay a fine which was not clearly prescribed. In 2019 the Ministry of Labor’s Child Labor Unit increased the number of inspectors by more than 25 percent, and established and began using an electronic child labor monitoring system to coordinate government and civil society efforts to remove children from illegal labor and provide them with services. The government increased the number of families receiving assistance through the National Aid Fund, a program that provides cash transfers to families who re-enroll working children in school. In addition, the government provided shelter, education, and financial services to children engaged in child labor. Children continue to be engaged in the worst forms of child labor, including street work and dangerous tasks in agriculture. Despite government measures, Syrian children still face barriers to education due to socioeconomic pressures, bullying, and costs associated with transportation and supplies.
Labor inspectors reportedly monitored cases of legally working children between ages 16 and 18 to issue advice and guidance, provide safe work conditions, and cooperate with employers to permit working children to attend school concurrently. The Labor Ministry had a zero-tolerance policy for labor of children younger than age 16 and hazardous work for children younger than 18.
The government took actions to combat child labor but did not fully and effectively enforce child labor laws. The government did not impose penalties that were commensurate with those for analogous crimes. The government had limited capacity to monitor children working in the informal work sector, such as those working in family businesses and the agricultural sector.
The Ministries of Labor, Education, and Social Development collaborated with NGOs seeking to withdraw children from the worst forms of child labor.
Refugee children worked in the informal sector, sold goods in the streets, worked in the agricultural sector, and begged in urban areas. In 2019 NGOs reported that when government inspectors withdrew Syrian refugee children from child labor, inspectors often took the children to the Azraq refugee camp, even when their families lived in distant urban centers or the Za’atari refugee camp, separating families for days, weeks, or months. NGOs report the reception center has since been shut down and they are aware of a very small number of cases of refugee children engaged in child labor still being sent to Azraq camp.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https:www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
d. Discrimination with Respect to Employment and Occupation
The law does not prohibit discrimination with respect to employment and occupation on the basis of race, disability, language, political opinion, national origin, citizenship, age, sexual orientation, gender identity, HIV-positive status, other communicable diseases, or social status.
The law requires private companies to hire workers with disabilities, forbids employers from firing employees solely because of a disability, and directs employers to make their workplaces accessible to persons with disabilities. Citizens and NGOs, however, reported that persons with disabilities faced problems obtaining employment. In December 2019 a coalition of 20 NGOs, private- and public-sector organizations, and disabilities advocates issued a position paper on labor law related to persons with disabilities. An NGO held discussions between government stakeholders and the HCD to review the Ministry of Labor’s Employment Bylaw. In January a group of disabilities advocates and activists held discussions at the Civil Service Bureau to reassess employment mechanisms for persons with disabilities.
Discrimination in employment and occupation also occurred with respect to gender, national origin, and sexual orientation (see section 6).
The law places restrictions on professions women are allowed to pursue, normally only “socially acceptable” positions such as nursing and teaching. By law the minister of labor issues decisions specifying the industries and economic activities that are prohibited for women, as well as the hours during which they are allowed to work. Women are prohibited from working in quarries and other hazardous environments, and are not allowed to work between 8 p.m. and 6 a.m. except in hotels, theaters, restaurants, airports, offices of tourism, hospitals, clinics, and some transportation industries. Evening work for women is limited to 30 days per year and a maximum of 10 hours per day. These restrictions limit job competition in favor of men. The Civil Service Ordinance of Jordan discriminates on the allocation of benefits such as the family allowance and cost of living allowance, which are higher for men than for women.
In October 2019 the Ministry of Labor increased the number of professions closed to foreign workers from 11 to 28, with the stated purpose of creating job opportunities in the private sector for Jordanian youth. The decision includes not renewing previously granted foreign worker permits for any of these closed professions. Amendments to the labor law passed during the year prohibit discrimination in wages based solely on gender, and include labor law protections for flexible and part-time work contracts.
Union officials reported that sectors predominantly employing women, such as secretarial work, offered wages below the official minimum wage. The law prohibits women from working in technical roles. Many women reported traditional social pressures discouraged them from pursuing professional careers, especially after marriage. According to the Department of Statistics, for the second quarter of the year, economic participation by women was 14.1 percent, and unemployment among women holding a bachelor’s degree was 78.2 percent, compared with 26 percent for men. The female unemployment rate was 28.6 percent, compared with a male unemployment rate of 21.5 percent and the overall unemployment rate of 23.1 percent.
According to the Employment Ministry, Egyptians make up the majority of foreign workers in the country. Jordan exports highly skilled and educated workers while hosting unskilled migrants to perform lower-level jobs its citizens avoid. NGOs reported foreign workers, including garment workers and domestic workers, were especially vulnerable to gender-based violence, sexual harassment, and sexual assault in the workplace. Lawyers criticized the law on harassment in the workplace, saying it did nothing to hold perpetrators of harassment accountable and only assisted victims by allowing them to resign.
Some persons with disabilities faced discrimination in employment and access to the workplace despite the law, which requires any workplace over 50 employees to have 4 percent or more of its employees be persons with disabilities. According to the Ministry of Labor, agreements were signed with private sector companies to ensure implementation of the 4-percent requirement and to allow the ministry to conduct inspections. Some migrant workers faced discrimination in wages, housing, and working conditions (see section 7.e.).
The Ministry of Labor implemented a three-year program on “Economic Empowerment and Social Participation of Persons with Disabilities.” Through the program, 13 instructors were certified to train civil society organizations, private sector companies, and the public sector. The ministry continued to implement a sign language program and offer simultaneous interpretation devices across the ministry’s departments. The Ministry also allocated 80,000 dinars ($113,000) from its budget towards the Employment of Persons with Disabilities Department.
The law provides for a national minimum wage, per month, which is above the poverty line.
The law sets a workweek of 48 hours and requires overtime pay for hours worked in excess of that level. Because there was no limit on mutually agreed overtime, the Ministry of Labor reportedly permitted employees in some industries, such as the garment sector, to work as many as 70 to 75 hours per week, and observers reported many foreign workers requested overtime work. NGOs reported some instances of forced overtime. As part of the COVID-19 pandemic response, the government announced policies for remote work, reduced wages, and suspension of operations for private sector companies. The policies included permission for employers to reduce workers’ salaries up to 50 percent in cases where employees could not report to work.
Employees are entitled to one day off per week. The law provides for 14 days of paid sick leave and 14 days of paid annual leave per year, which increases to 21 days of paid annual leave after five years of service with the same firm. Workers also received additional national and religious holidays designated by the government. The law permits compulsory overtime under certain circumstances, such as conducting an annual inventory, closing accounts, preparing to sell goods at discounted prices, avoiding loss of goods that would otherwise be exposed to damage, and receiving special deliveries. In such cases actual working hours may not exceed 10 hours per day, the employee must be paid overtime, and the period may not last more than 30 days. Observers reported some violations, mostly delays of salary payment during periods when the country was locked down for public health reasons.
Employers are required to abide by all occupational health and safety standards set by the government. The law requires employers to protect workers from hazards caused by the nature of the job or its tools, provide any necessary protective equipment, train workers on hazards and prevention measures, provide first aid as necessitated by the job, and protect employees from explosions or fires by storing flammable materials appropriately.
The government did not effectively enforce the law. The Ministry of Labor is responsible for enforcement of labor laws and acceptable conditions of work. The number of labor inspectors was sufficient to enforce compliance. Labor inspectors did not regularly investigate reports of labor abuses or other abuses of domestic workers in private homes, and inspectors cannot enter a private residence without the owner’s permission except with a court order. Employees may lodge complaints regarding violations of the law directly with the Ministry of Labor or through organizations such as their union or the NCHR. The ministry opened an investigation for each complaint.
In July the ministry temporarily shut down a factory in the Jordan Valley after workers became ill from an accidental insecticide poisoning. In June the Ministry of Labor issued verbal and written warnings to two textile factories in Karak following a notice of concern from foreign investors and complaints from employees of maltreatment and poor working conditions. The ministry placed inspectors at both locations for two weeks.
Labor standards apply to the informal sector, but the Ministry of Labor did not consistently inspect and monitor all workplace violations or apply all the protections of the labor code to domestic and agricultural workers. Authorities were also hampered by barriers to the inspection of homes where domestic workers lived. Labor organizations stated that many freelancing agricultural workers, domestic workers, cooks, and gardeners, most of whom were foreign workers, were not enrolled for social benefits from the Social Security Corporation because only salaried employees were automatically enrolled, and optional enrollment was limited to citizens. Maternity leave is not consistent between the public and private sector. Domestic workers face discrimination by nationality in their wages. Although the law was amended in 2008 to extend certain rights to domestic and agricultural workers, the law required that each group be covered by its own legislation. A regulation on domestic workers enacted in 2009 did not extend collective bargaining rights or the right to form an association. In August bylaws which regulate working conditions for agricultural workers were published for public comment by the Labor Ministry’s Legislation and Opinion Bureau.
The government requires garment-exporting manufacturers to participate in the Better Work Jordan program, a global program implemented by the International Labor Organization and the International Finance Corporation to improve labor standards. All 77 of the foreign-exporting factories required by the government to join Better Work Jordan were active members of the program.
Wage, overtime, safety, and other standards often were not upheld. Some foreign workers faced hazardous and exploitative working conditions in a variety of sectors. Penalties were not commensurate with those for similar crimes. Authorities did not effectively protect all employees who attempted to remove themselves from situations that endangered their health and safety. Labor organizations reported that female citizen workers were more likely than men to encounter labor violations, including wages below the minimum wage and harassment in the workplace.
A local NGO criticized the lack of safety protections for agricultural workers under the labor law, and reported that many migrant worker dormitories were built using combustible materials, putting residents at a greater risk of fire.
In the garment sector, foreign workers were more susceptible than citizens to dangerous or unfair conditions. Better Work Jordan stated that reports of coercion decreased during the year. Indebtedness of foreign garment workers to third parties and involuntary or excessive overtime persisted. While the law sets the minimum wage, according to an international NGO a substantial portion of the standard monthly minimum wage for foreign workers in the garment industry was used to pay employment placement agencies for food, accommodation, and travel for workers from their home countries.
Employers subjected some workers in the agricultural sector, the vast majority of whom are Egyptians, to exploitative conditions. According to a domestic NGO, agricultural workers usually received less than the minimum wage. Some employers in the agricultural sector confiscated passports. Egyptian migrant workers were also vulnerable to exploitation in the construction industry, where employers usually paid migrant workers less than the minimum wage and failed to uphold occupational health and safety standards.
Domestic workers often faced unacceptable working conditions. While domestic workers could file complaints in person with the Ministry of Labor’s Domestic Workers Directorate or the PSD, many domestic workers complained there was no follow-up on their cases. The Counter Trafficking Unit at the PSD operates a 24-hour hotline, with operators available in all languages spoken by migrant domestic workers in the country, including Tagalog, Bengali, and Tamil.
Advocates for migrant domestic workers reported that domestic workers who sought government assistance or made allegations against their employers frequently faced counterclaims of criminal behavior from the employers. Employers could file criminal complaints or flight notifications with police stations against domestic workers. Authorities waived immigration overstay fines for workers deported for criminal allegations or expired work permits. Most of the fleeing domestic workers reportedly fled conditions indicative of forced labor or abuse, including unpaid wages and, to a lesser extent, sexual or physical abuse. By law employers are responsible for renewing foreign employees’ residency and work permits but often failed to do so for domestic employees. In May the government launched an online platform called “Hemaya” to assist expatriate workers who were facing uncertainties due to the COVID-19 pandemic and wanted to return to their countries. Medium and small factories were especially affected by the pandemic; some could not meet commitments to staff, and some cancelled contracts and closed worker dormitories. The government continued its cooperation with foreign embassies to waive overstay fees for migrant domestic workers who wished to repatriate after a two-year stay in the country, a policy that greatly reduced the number of domestic workers stranded at their embassies’ shelters.
Section 7. Worker Rights
The law provides for workers’ right to unionize but limits workers’ freedom of association. The law restricted workers’ freedom of association by requiring all labor unions to affiliate with higher-level unions. On May 4, the government enacted amendments to labor-related laws, including the trade union law, to bring them closer to compliance with International Labor Organization (ILO) standards, in particular, the convention on freedom of association. The amendments removed the requirement that lower-level unions affiliate with higher-level sectoral-, territorial-, and national-level federations. The amendments also lowered membership requirements and simplified other registration requirements.
The government exercised considerable influence on organized labor and favored state-affiliated unions over independent ones. The Federation of Trade Unions of the Republic of Kazakhstan (FTUK) is the successor to state-sponsored Soviet-era labor organizations and is the largest national trade union association, with approximately 90 percent of union members on its rolls. In 2018 the International Trade Union Confederation suspended the membership of the FTUK due to a lack of independence.
In July 2019 a court in Shymkent sentenced Yerlan Baltabay, the leader of an independent union of petrochemical workers, to seven years’ imprisonment for embezzlement of union dues. Human rights observers noted the parallels between Baltabay’s case and the investigation and ultimate conviction of Larisa Kharkova in 2017 and asserted that Baltabay was also targeted for his independent labor union activism. Baltabay appealed to the president for pardon, admitting his guilt and promising to compensate inflicted damages, and President Tokayev granted pardon in August 2019. In September 2019 Baltabay published an open letter on the website of the Human Rights Bureau, reasserting his innocence in the case and stating that he had only asked for pardon at the urging of the KNB. Baltabay did not repay the claimed damages, and authorities returned him to prison in October 2019. On March 20, he was released, but he remained banned from any public activity, including trade union activities, for the next seven years.
The law provides for the right of workers to bargain collectively. The law prohibits antiunion discrimination, and a court may order reinstatement of a worker fired for union activity. Penalties for violations of these provisions included fines and imprisonment of up to 75 days, but these penalties did not deter violations. Penalties were commensurate with those for other laws involving denials of civil rights. According to the FTUK, as of January, 98 percent of large and medium enterprises had collective agreements. Overall, 41.2 percent of all working enterprises had collective agreements.
The country’s three national-level labor unions–the FTUK with two million members, Commonwealth of Trade Unions of Kazakhstan Amanat with 300,000 members, and Kazakhstan Confederation of Labor (KCL) with up to 800,000 members–had more than three million members, or 40 percent of the workforce, as of March 1. These three labor unions, jointly, consist of 24 industry trade unions, 17 regional trade unions, and more than 18,000 local trade unions. Another trade union, Yntymak, with more than 57,000 members, was established in 2018 to represent small and medium enterprises. The law provides for the right to strike in principle but imposes onerous restrictions that make strikes unlikely. For example, the right to strike may be granted only after the dispute is brought to a reconciliatory commission for consideration. It may take more than forty days to initiate the strike in accordance with the law, trade union members reported. In addition, by law there are a variety of circumstances in which strikes are illegal. A blanket legal restriction bars certain occupations from conducting a strike. Military and other security service members, emergency medical, fire, and rescue crews, as well as those who operate “dangerous” production facilities are forbidden to strike. By law such strikes are illegal.
Workers employed in the railway, transport and communications, civil aviation, healthcare, and public utilities sectors may strike, but only if they maintain minimum services to the public–that is, provided there is no harm caused to other individuals. Numerous legal limitations restrict workers’ right to strike in other industries as well. Generally, workers may not strike unless a labor dispute cannot be resolved through compulsory arbitration procedures. Decisions to strike must be taken in a meeting where at least one-half of an enterprise’s workers are present. A written notice announcing a strike must be submitted to the employer at least five days in advance.
Officials are suspected of inflicting violence in response to supposed unlawful attempts to associate. Police were accused of beating labor and civil rights activist Dulat Agadil, who died in February of unconfirmed causes while in pretrial detention, after he was arrested for his suspected links to the banned Democratic Choice of Kazakhstan movement.
Employers may fire striking workers after a court declares a strike illegal. The 2014 law also enabled the government to target labor organizers by imposing criminal charges and up to three years in prison for calls to participate in strikes declared illegal by the court. Amendments to the law during the year softened the penalty for such calls. If the calls for strikes did not result in a material violation of rights and interests of other individuals, they would be classified as minor criminal offenses, and the penalty would be limited to a fine or community service.
The law limits worker rights to make claims on their employers. For example, one article requires employers to negotiate any labor-related act with official employee representatives. If there are multiple official representatives, they have five days in which to form a working group to discuss the proposed act. If the group cannot come to consensus, the employer may accept the act without the consent of the employees. The amendments annulled the previous clause that allowed an employer to dismiss an employee, as long as a compensation allowance is paid per the labor contract. Another article lists 25 reasons an employer may fire a worker. Another provision mandates the employer to respond to a resolution of the Council for Labor Protection within 15 days.
Disagreements between unions and their employers may be presented to a tripartite commission composed of representatives of the government, labor unions, and employer associations. State-affiliated and independent labor unions participate in tripartite commissions. The tripartite commission is responsible for developing and signing annual agreements governing most aspects of labor relations. The FTUK, Amanat, and KCL established a working group on May 28 to draft the general agreement for 2021-23. They recommended that the government and employers increase the minimum wage, change the minimum subsistence allowance, establish a minimum basket of consumer goods, and negotiate on other social matters.
Foreign workers have the right to join unions, but the law prohibits the operation of foreign unions and the financing of unions by foreign entities, such as foreign citizens, governments, and international organizations. Irregular migrants and self-employed individuals resided in the country were not per se exempt from the law. Approximately two million of the 8.8 million economically active citizens were self-employed as of March.
The law prohibits all forms of forced or compulsory labor, except when it is a consequence of a court sentencing or a condition of a state of emergency or martial law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.
The law provides for punishment of convicted traffickers and those who facilitated forced exploitation and trafficking, including labor recruiters who hired workers through deliberately fraudulent or deceptive offers with the intent to subject them to forced labor, or employers or labor agents who confiscated passports or travel documents to keep workers in a state of involuntary servitude. Conviction of trafficking in persons for the purpose of labor and sexual exploitation is punishable by penalties that are sufficient to deter violations. Conviction of kidnapping and illegal deprivation of freedom with the purpose of labor or sexual exploitation is also punishable by penalties that were considered sufficient to deter violations.
The Ministry of Labor and Social Protection is responsible for conducting checks of employers to reveal labor law violations, including exploitation of foreign workers. The Ministry of Internal Affairs is responsible for identifying victims of forced labor and sexual exploitation and initiating criminal proceedings. The government effectively enforced laws to identify domestic victims of sexual exploitation, but it did not effectively enforce laws to identify foreign and domestic victims of labor trafficking. The statistics on identification of foreign victims remained low; three foreign victims were identified in 2019–two victims of forced begging and one victim of labor exploitation. Police conducted interagency operations to find victims of forced labor. Identification of forced labor victims, however, remained low and even decreased twice compared with 2018. Of 40 victims identified in 2019, 35 were victims of sexual exploitation, three were victims of labor exploitation, and two were victims of forced begging. In 2019 police investigated 102 criminal cases of human trafficking, and courts convicted eight traffickers, all for sexual exploitation.
Migrant workers were considered most at risk for forced or compulsory labor. In 2019 according to the Ministry of Internal Affairs, 1.6 million persons were registered as migrants in the country. The majority of migrant workers came from Uzbekistan, but there were also lesser numbers from Tajikistan and Kyrgyzstan. Migrant workers found employment primarily in agriculture and construction. The Ministry of Labor and Social Protection is responsible for handling matters related to migrant labor. In 2017 the government adopted a new Concept of Migration Policy for 2017-21 and an accompanying implementation plan. Together, these changes addressed both internal and external modern challenges, such as the excess of low-skilled labor due to increased inflow of labor migrants from other Central Asian countries and the deficiency of high-skilled labor in some sectors of the economy due to a low level of education.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The general minimum age for employment is 16. With parental permission, however, children ages 14 through 16 may perform light work that did not interfere with their health or education. The law prohibits minors from engaging in hazardous work and restricts the length of the workday for employees younger than 18.
The law prohibits all the worst forms of child labor; however, gaps existed in the legal framework to protect children adequately from the worst forms of child labor. Prohibitions against the worst forms of child labor include criminal punishment under the law. Conviction of violation of minimum age employment in hazardous work, engaging minors in pornographic shows or production of materials containing pornographic images of minors, coercion of minors into prostitution, kidnapping or illegal deprivation of freedom of a minor for the purpose of exploitation, and trafficking in minors are punishable by penalties that were commensurate with those for analogous serious crimes, such as kidnapping. The Ministry of Internal Affairs is responsible for investigating criminal offenses and training criminal police in investigating the worst forms of child labor.
The law provides for noncriminal punishments for violations of the law, including written warnings, suspensions, terminations, the withdrawal of licenses for specific types of activities, administrative penalties or fines, and administrative arrest (only by court decision and only up to 15 days for violation of legislation in relation to minors). Such violations include employment of minors without an employment agreement, which is punishable by fine with suspension of the employer’s license. Untimely or incorrect payment of salaries, nonprovision of vacation or time off, excessive work hours, and discrimination in the workplace are also punishable by fines. The Ministry of Labor and Social Protection is responsible for enforcement of child labor law and for administrative offenses punishable by fines.
The government has established institutional mechanisms for the enforcement of child labor law and regulations, but the government did not always effectively enforce the law. The complaint mechanism does not allow for anonymous individuals to report labor violations and, in 2019 no case of child labor was reported to government hotlines.
Sporadic instances of children working below the country’s minimum age of employment were reported in agriculture, including producing vegetables, weeding, and collecting worms; in construction; in the markets and streets, including transporting and selling items; in domestic work; in gas stations, car washing, and working as bus conductors; or as waiters in restaurants. There were no reports of child victims of forced labor in the sectors noted above, nor was there evidence of children being compelled or forced into such work through slavery, debt bondage, or trafficking for purposes of labor exploitation. In October media reported cotton harvesters in the country and stated they have a lack of workers, who are normally supplied by neighboring Uzbekistan. Because of this, farmers have been reliant on employing children and teenagers to work in cotton fields. Schoolchildren were spotted in fields in the Maktaaral and Zhetisay districts of the southern Turkestan region. Local farmers are traditionally aided by migrant workers from Uzbekistan, but that labor supply was interrupted by travel restrictions imposed to contain the two countries’ COVID-19 outbreaks. These forms of labor were determined by local legislation to be potentially hazardous and categorized as the worst forms of child labor. The majority of such situations occur on family farms or in family businesses.
There were 10 instances of children being used in hazardous activities, including one case of trafficking in minors for the purpose of sexual exploitation, five cases of the coercion of minors into prostitution, two cases of the engagement of minors into pornographic activities, and two cases of violation of labor legislation related to the engagement of children in works that are not allowed for children younger than age 18. In the last case, two boys (ages 13 and 15) died of carbon monoxide poisoning while sleeping overnight in the cafe where they worked as waiters.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/agencies/ilab/resources/reports/child-labor/findings and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
d. Discrimination with Respect to Employment and Occupation
By law transgender individuals are effectively barred from working in law enforcement agencies or serving in the military. Law and regulations prohibit discrimination with respect to employment and occupation based on gender, age, disability, race, ethnicity, language, place of residence, religion, political opinion, affiliation with tribe or class, public associations, or property, social, or official status. The law does not specifically prohibit discrimination with respect to laws related to employment and occupation based on sexual orientation, gender identity, HIV-positive status, or having other communicable diseases. The law prohibits specific listed conditions or diseases to work in law enforcement agencies or serve in the military. The government effectively enforced the law and regulations. Discrimination is an administrative offense punishable by a fine that is not sufficient to deter violations. Some cases like illegal termination of labor contracts due to pregnancy, disability, or minority are considered criminal offenses and are punishable by penalties which are sufficient to deter violations related to civil rights, such as election interference.
Discrimination, however, occurred with respect to employment and occupation for persons with disabilities, transgender persons, orphans, and former convicts. Transgender persons experienced workplace discrimination and have been repeatedly fired for their identity. Disability NGOs reported that despite government efforts, obtaining employment was difficult for persons with disabilities. The law does not require equal pay for equal work for women and men. NGOs reported no government body assumes responsibility for implementing antidiscrimination legislation and asserted the law’s definition of gender discrimination did not comply with international standards.
The law prohibits women from performing work in harmful conditions that require them to lift or move heavy loads. On August 6, Human Rights Commissioner Elvira Azimova proposed to amend the law to provide for equal labor rights for men and women by repealing the list of harmful and hazardous occupations prohibited for women. She particularly asked for elimination of the provision to deny employment to a female applicant in nuclear power, oil and gas, metals and mining, or petrochemical industries if working conditions are not deemed safe. In response, and in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women, the country committed to annul the list of hazardous industries to specify equal access to all jobs.
In June 2019 a fight occurred at the Chevron-operated Tengiz oilfield between local and foreign workers, resulting in 45 injuries. A leading cause of the conflict was discontent among local workers who complained of wage discrepancy between local and foreign workers with similar qualifications. Following the incident the Ministry of Labor and Social Protection launched a series of inspections at companies employing foreign workers. The ministry reported the following violations: 1) foreign workers were paid 30-50 percent more than local workers; 2) local workers were paid in local currency, while foreign workers were paid in U.S. dollars; and 3) some foreign workers occupied positions that differed from that described on the work permits. These violations are punishable by fines, annulment of work permits, or deportation of a company’s foreign workforce. In February media reported the governor of a province bordering China stated he would seek the deportation of dozens of Chinese workers to defuse the local population’s fears of COVID-19.
In December 2019 the Labor and Social Protection Ministry and the Prosecutor General’s Office discovered 930 violations of law in 95 companies that employed foreigners. The most frequent violations revealed by the inspection included labor done by foreign workers that did not correspond to their work permits and discrepancies between education and job positions of foreign workers. In February Minister of Labor and Social Protection Birzhan Nurymbetov threatened companies that provide unequal living conditions for local and foreign workers with administrative actions. The ministry intended annually to inspect companies that employ more than 250 persons, including more than 30 foreign workers. Article 1 of the labor law was amended in May to provide for equal pay and equal working and living conditions with no discrimination.
During the year the national monthly minimum wage was 42,500 tenge ($106) and above the poverty line, which the Bureau of National Statistics reported was 32,688 tenge ($81) per month. In April media reported the Health Care and Social Development Ministry blamed regional governments for failing to provide personal protective equipment and other necessary supplies to hospital workers on the front line of the battle against COVID-19. In some regions doctors complained about a shortage of equipment, test kits, and specialists in rural hospitals. A doctor from Jambyl province reportedly said she was the only infectious disease specialist on hand to deal with COVID-19 patients at the main hospital in the Merki district, which has an estimated 85,000 inhabitants. For two days in early April, she had to come to work with a high fever after contracting COVID-19 from a patient. She reportedly stated that medics received up to six face masks a day, but eventually nurses were ordered to make masks.
As of August 2018, the government reported that 1.3 million citizens of a nine-million-person workforce were not registered as either employed or unemployed, meaning that they likely worked in the informal economy. A Ministry of Finance spokesperson separately reported during the year that up to one-third of workers were engaged in the informal economy, referencing 2015 government and international organization statistics. These workers were concentrated in the retail trade, transport services, agriculture, real estate, beauty and hair dressing salons, and laundry and dry-cleaning businesses. Small entrepreneurs and their employees for the most part work without health, social, or pension benefits.
In May the Center for Development of Human Resources forecasted that, due to the pandemic, more than 2.5 million workers likely would lose income or be temporarily laid off. The largest layoffs or temporary job suspensions would affect accommodation and catering services, leisure and entertainment, trade, transportation and warehousing, and construction. In August the government reported assisting 743,000 individuals with vocational training, permanent employment, or temporary employment.
The law stipulates the normal workweek should not exceed 40 hours and limits heavy manual labor or hazardous work to no more than 36 hours per week. The law limits overtime to two hours per day, or one hour per day for heavy manual labor, and requires overtime to be paid at least at a 50 percent premium. The law prohibits compulsory overtime and overtime for work in hazardous conditions. The law provides that labor agreements may stipulate the length of working time, holidays, and paid annual leave for each worker. By law employees are entitled to 24 days of paid annual leave per year.
The government sets occupational health and safety standards. The law requires employers to suspend work that could endanger the life or health of workers and to warn workers about any harmful or dangerous work conditions or the possibility of any occupational disease. The occupational safety and health standards are set and inspected by government experts. The law specifically grants workers the right to remove themselves from situations that endanger their health or safety without suffering adverse employment action.
Overtime pay for holiday and after-hours work is equal to 1.5 times regular salary. The decision on pay is made by the employer or in compliance with a collective agreement, and the amount of pay is based on so-called industry-specific wage multipliers, stipulated by industrial agreements.
The Ministry of Labor and Social Protection enforces the minimum wage, workhour restrictions, overtime, and occupational safety and health standards. By law labor inspectors have the right to conduct announced and unannounced inspections of workplaces to detect violations. Both types of inspections take place only after written notification. Violations of law are considered administrative offenses, not criminal ones. Penalties for violations of minimum wage and overtime law were not commensurate with crimes like fraud. For example, a minimal punishment for fraud is a fine of approximately 2.7 million tenge ($6,500) or imprisonment for up to two years, while violations of wage or overtime payment provisions result in fines from 84,000 tenge to 272,000 tenge ($200 to $650). Penalties for violations of occupational health and safety law were also not commensurate with crimes like negligence. The latter is a criminal offense and punished either by fines or public/corrective works, or by the five-year maximum term of imprisonment. Violation of the labor safety requirements may result in notification or fines.
Inspections based on risk assessment reports are announced in writing not less than 30 days before the beginning of the inspection. Unplanned inspections are announced not less than one day prior to the beginning of the inspection. Ministry inspectors conducted random inspections of employers. From January to June, inspectors conducted 1,900 inspections and detected 3,000 violations of the law, such as wage arrears, unsafe work conditions, and illegal employment or dismissal. The FTUK analyzed and concluded that unequal payments and work conditions of local and foreign workers, the increase and indexation of wages, and the absence of local labor unions in the companies were the main factors that caused social tension in 2019.
In February the Ministry of Labor and Social Protection reported that the country has 260 labor inspectors, or one inspector per every 23,000 workers, while the ILO recommends one inspector per every 10,000 employees. The law does not allow labor inspectors to respond to violations without the permission of the prosecutor’s office and a notification to the employer.
The law provides for so-called employer’s declarations. Under this system, labor inspectors may extend a certificate of trust to enterprises that complied with labor legislation requirements. Certified enterprises are exempt from labor inspections for the three-year period. In the opinion of labor rights activists, the practice may worsen labor conditions and conceal problems. By law any enterprise or company may form a production council to address labor safety problems from representatives of an employer and employees. These councils are eligible to conduct their own inspections of the employees’ work conditions. As of January 2019, there were 12,855 production councils and 17,751 volunteer labor inspectors.
There were reports some employers ignored regulations concerning occupational health and safety. Occupational safety and health conditions in the construction, industrial, and agricultural sectors often were substandard. Workers in factories sometimes lacked quality protective clothing and sometimes worked in conditions of poor visibility and ventilation. In 2019 the government reported 1,215 workplace injuries, of which 148 resulted in death. The government attributed many labor-related deaths to antiquated equipment, insufficient detection and prevention of occupational diseases in workers engaged in harmful labor, and disregard for safety regulations. The most dangerous jobs were in mining, construction, and oil and gas, according to an expert analysis of occupations with the highest fatalities. The Ministry of Labor and Social Protection reported that in 2019, out of 1.6 million workers, more than 373,000 or 23 percent labored in hazardous conditions, 45.4 percent worked with high levels of noise and vibration, and 34.4 percent labored under high dust and gas levels.
Some companies tried to avoid payments to injured workers. Critics reported that employers, the FTUK, and the Ministry of Labor and Social Protection were more concerned with bureaucracy and filling out reports on work-related accidents than with taking measures to reduce their number. A minimal noncompliance with labor safety requirements may result in a company’s refusal to compensate workers for industrial injuries. According to activists, in 30 percent of cases, workers themselves were blamed for violating occupational health and safety regulations.
The Aktobe Labor Inspection blamed the management of the Aktobe Chromium Compound Plant for the May 28 accident in which two workers were injured and five died of chemical burns and poisoning while cleaning a tank used to hold hydroxyl. The Aktobe Labor Inspection assigned 80 percent of the blame for the accident to the employer for the breach of labor safety rules.
Section 7. Worker Rights
The law provides for the right of workers, including those in export processing zones, to form and join unions of their choice and to bargain collectively. For the union to be recognized as a bargaining agent, it must represent a simple majority of the employees in a firm eligible to join the union. This provision extends to public- and private-sector employees. Members of the armed forces, prisons service, and police are not allowed to form or join trade unions.
The law permits the government to deny workers the right to strike under certain conditions. For example, the government prohibits members of the military, police, prison guards, and the National Youth Service from striking. Civil servants are permitted to strike following a seven-day notice period. A bureau of the Ministry of Labour and Social Protection typically referred disputes to mediation, fact finding, or binding arbitration at the Employment and Labour Relations Court, a body of up to 12 judges that has exclusive jurisdiction to handle employment and labor matters and that operates in urban areas, including Nairobi, Mombasa, Nyeri, Nakuru, Kisumu, and Kericho. The Employment and Labour Relations Court also has subregistries in Meru, Bungoma, Eldoret, Malindi, Machakos, and Garissa.
By law workers who provide essential services, interpreted as “a service the interruption of which would probably endanger the life of a person or health of the population,” may not strike. Any trade dispute in a service listed as essential or declared an essential service may be adjudicated by the Employment and Labour Relations Court.
Strikes must concern terms of employment, and sympathy strikes are prohibited.
The law permits workers in collective bargaining disputes to strike if they have exhausted formal conciliation procedures and have given seven days’ notice to the government and the employer. Conciliation is not compulsory in individual employment matters. Security forces may not bargain collectively but have an internal board that reviews salaries. Informal workers may establish associations, or even unions, to negotiate wages and conditions matching the government’s minimum wage guidelines and advocate for better working conditions and representation in the Employment and Labour Relations Court. The bill of rights in the constitution allows trade unions to undertake their activities without government interference, and the government generally respected this right.
The law prohibits antiunion discrimination and provides for reinstatement of workers dismissed for union activity. The Labour Relations Court can order reinstatement and damages in the form of back pay for employees wrongfully dismissed for union activities. Labor laws apply to all groups of workers. Penalties for labor law violations were not commensurate with those for similar offenses.
The government enforced the decisions of the Labour Relations Court inconsistently. Many employers did not comply with reinstatement orders, and some workers accepted payment in lieu of reinstatement. In several cases employers successfully appealed the Labour Relations Court’s decisions to a branch of the High Court. The enforcement mechanisms of the Labour Relations Court remained weak, and its case backlog raised concerns regarding the long delays and lack of efficacy of the court.
The Labour Relations Court received many cases arising from the implementation of new labor laws. The parties filed most cases directly without referral to the Ministry of Labour and Social Protection for conciliation. The court had a significant backlog.
The chief justice designated all county courts presided over by senior resident magistrates and higher-ranking judges as special courts to hear employment and labor cases. Providing adequate facilities outside of Nairobi was challenging, but observers cited the ability of workers to submit labor-related cases throughout the country as a positive step. The 2016 employment and labor relations (procedure) rules provide parties access to file pleadings directly in electronic form, pretrial procedures, and alternative dispute resolution. The rules also set a 30-day time limit for the court to submit a report on disagreements over collective bargaining agreements filed.
The government generally respected freedom of association and the right to bargain collectively, although enforcement was inconsistent. The government expressed its support for union rights mandated in the constitution.
Airport workers at Nairobi’s Jomo Kenyatta International Airport went on strike in March to protest potential restructuring of the airport. Six striking workers were injured during clashes with police, and 10 members of the Kenya Aviation Workers Union, including its secretary general, were arrested. After negotiation, the union agreed to end the strike in exchange for release of the arrested union officials and an agreement not to fire striking workers.
Migrant workers often lacked formal organization and consequently missed the benefits of collective bargaining. Similarly, domestic workers and others who operated in private settings were vulnerable to exclusion from legal protections, although domestic workers’ unions exist to protect their interests.
The government maintained labor attaches in Qatar, Saudi Arabia, and the United Arab Emirates to regulate and coordinate contracts of migrant workers from the country and promote overseas job opportunities. The National Employment Authority manages a website that provides information to prospective migrant workers on the procedures of becoming a migrant worker in the Gulf. The Ministry of East African Community and Regional Development also helped domestic workers understand the terms and conditions of their work agreements. The government operationalized a 2017 bilateral agreement with Saudi Arabia in January after revetting recruitment agencies in Riyadh. The government has additional bilateral agreements with Qatar and United Arab Emirates. The ministry has a directorate to regulate the conduct of labor agents for local migrant workers, including requiring the posting of a performance-guarantee bond for each worker.
The misuse of internships and other forms of transitional employment threatened the survival of trade unions, with employers often not hiring employees after an internship ends. State agencies increasingly outsourced jobs to the private sector, and in the private sector, casual workers were employed on short-term contracts.
This shift contributed to declining numbers in trade unions. NGOs and trade unionists reported replacement of permanent positions by casual or contract labor, especially in the export-processing zones, the Port of Mombasa, and in the agricultural and manufacturing sectors. In some cases employers staffed permanent jobs with rotating contract workers. This practice occurred at the management level as well, where employers hired individuals as management trainees and kept them in these positions for the maximum permitted period of three years. Instead of converting such trainees to permanent staff, employers replaced them with new trainees at the end of three years.
The health sector experienced strikes precipitated by challenges related to the COVID-19 pandemic. Health workers, through their associations, issued strike notices citing failure by the government to meet their workplace demands, including adequate personal protective equipment while attending to COVID-19 patients. Counties like Nairobi and Trans Nzoia witnessed strikes by health workers. The health sector also witnessed industrial strikes by county government health professionals to protest delayed salary payments. The strikes occurred intermittently in various counties, since under the 2010 constitution, each county manages its own health system as part of the devolution of resources and services from the national government. According to the Council of Governors, all 47 counties faced delayed salaries for July due to government delay in disbursement of funds. The strikes affected delivery of services in counties such as Vihiga, Kisumu, and Nairobi, but negotiations averted some threatened strikes.
The law prohibits most forms of forced or compulsory labor, including by children. The law allowed, in some situations, up to 60 days of compulsory labor per year for the preservation of natural resources. The country made moderate advances to prevent or eliminate forced labor.
The government did not effectively enforce the law, and forced labor occurred, including forced child labor (see section 7.c.). Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor, including for political offenses. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not commensurate with those for comparable offenses. Forms of forced labor included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor in the country; however, this trend was reportedly decreasing.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The government prohibits most, but not all, of the worst forms of child labor. The minimum age for work (other than apprenticeships) is 17, and the minimum age for hazardous work is 18. The ministry published a list of specific jobs considered hazardous that constitute the worst forms of child labor. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining, and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering (see section 6); prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys. The International Labor Organization identified gaps in the law with regards to children working as cadets at sea.
The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which are legally categorized as hazardous work.
The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Penalties were not commensurate with those for comparable offenses. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread, but the government did not effectively monitor or control it.
The Ministry of Labour and Social Protection enforces child labor laws, but enforcement remained inconsistent. Supplementary programs, such as the International Labor Organization-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers.
The government also worked closely with the Central Organization of Trade Unions and the Federation of Kenyan Employers to eliminate child labor.
In support of child protection, the Ministry of Labour and Social Protection operated a national online database system. The Child Protection Information Management System collects, aggregates, and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. The government had six child protection centers, which remove child laborers from the workplace, rehabilitate them, and provide counseling and life-skills training.
The government continued to implement the National Safety Net Program for Results, a project that seeks to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example, there were some cases reported in the western part of the country of girls dropping out of secondary school and engaging in sex work to afford basic supplies.
Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of khat. Children worked in mining, including in artisanal gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, selling food, and forced begging. Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including commercial sexual exploitation.
Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.
Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination based on race, sex, ethnicity, religion, and several other criteria, but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes explicitly prohibit discrimination against persons with disabilities; provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; provide tax relief and incentives for such persons and their organizations; and reserve 30 percent of public-procurement tenders for women, youth, and persons with disabilities.
The government did not effectively enforce the law. Penalties for discrimination were not commensurate with those for comparable offenses. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but it was more frequently experienced by women. Women who tried to establish their own informal businesses were subjected to discrimination and harassment.
Many county governors appointed and employed disproportionate numbers of the dominant tribe in their county, bypassing minority groups. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).
In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group. A report detailing the ethnic composition of 417 senior civil service staff tabled at the Senate in September indicated that four tribes dominated high-level management positions in civil service. The dominant ethnic community had 29 percent of the 417 positions, while the second had 10 percent.
The law provides protection for persons with disabilities against employment discrimination, although many employers discriminated against persons with disabilities during hiring processes (see section 6, Persons with Disabilities). Due to societal discrimination, there were very limited employment opportunities for persons with albinism. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.
Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for all occupations exceeded the World Bank poverty rate.
The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers) and provides premium pay for overtime.
The government did not effectively enforce the law. Penalties were not commensurate with those for comparable offenses. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the export processing zones and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.
The law details environmental, health, and safety standards. The Ministry of Labour and Social Protection’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.
The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.
The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. The government paid low salaries to labor inspectors and did not provide vehicles, fuel, or other resources, making it very difficult for labor inspectors to do their work effectively and leaving them vulnerable to bribes and other forms of corruption. The State Department for Labor faced a large number of retiring labor inspectors during the year, and there was no hiring of new inspectors.
The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All local employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions respectively.
Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labour and Social Protection did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.