Compensation and Working Time
Overtime Compensation
In accordance with the Employment and Labour Relations Act 2004, workers can be required to work 6 days a week. The normal working hours are 9 hours per day and 45 hours per week, except for those who manage other workers on behalf of the employer and who report directly to a senior management.
Workers may be required to work overtime, work over and above ordinary hours of work, but not more than 12 hours a day and 50 hours in a 4-week cycle, except in an emergency.
A written agreement may require or permit a worker to work up to twelve hours in a day, inclusive of any meal interval, without receiving overtime pay. However, such an agreement may not require or permit a worker to work more than 5 days and 45 hours, as well as 10 hours of overtime in a week.
A collective agreement may also provide for averaging of ordinary and overtime hours over an agreed period (not greater than one year); however, such an agreement may not require or permit the worker to work more than 40 ordinary hours per week, calculated over the agreed period, and ten hours overtime per week, calculated over the agreed period.
The overtime limit does not apply to the workers who manage other workers on behalf of the employer and who report directly to a senior management worker; or emergency work which cannot be performed by workers during their ordinary hours of work; and where an applicable collective agreement provides for the averaging of the overtime hours of work over an agreed period not exceeding one year, subject to a limit of ten overtime hours per week on average.
If a worker works beyond the stipulated working hours, he/she is entitled to overtime pay that is one and a half times (1.5 of X or 150%) the rate of their ordinary pay.
Source: §17-22 of the Employment and Labour Relations Act 2004
Night Work Compensation
According to the Employment and Labour Relations Act, night is the period between 20:00 and 06:00 (of the following day).
Night work is paid at the premium rate of 5% over and above a worker's normal wage rate. If the night work is performed as overtime, the overtime is paid at the night rate (which is 105% of the normal day rate).
Source: §20(4) of the Employment and Labour Relations Act 2004
Compensatory Holidays / Rest Days
No provision could be identified in laws to require an employer to provide a compensatory rest day for working on a weekly rest day or a public holiday.
Weekend / Public Holiday Work Compensation
Workers may be required to work on weekly rest days and public holidays. In such circumstances when employees have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the rate of 200% of the normal wage rate.
In accordance with the Wages Order 2010, a worker is entitled to double the daily wages, in addition to the normal weekly/monthly wage, if he works on a weekly rest day or a public holiday.
Source: §24 & 25 of Employment and Labour Relations Act 2004; §7 of the Wages Order 2010
Regulations on Compensation
- Employment and Labour Relations Act, No. 6 of 2004 / Sheria ya Ajira na Mahusiano Kazini Sehemu ya 6 ya 2004
