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Kenya

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Kenya

Standard working hours

The Employment Act in Kenya (Chapter 245 of the Laws of Kenya) provides the regulations for standard working hours in the country.

The general rule is that the maximum working week is 45 hours. However, there are age restrictions in place. Employees under 16 years old are not allowed to work for more than 36 hours a week.

While the act doesn't explicitly state a daily maximum, it does suggest an implicit daily limit of 8 hours. This is inferred from the limitation on overtime per day, which starts accruing after this point.

Overtime

In Kenya, the Employment Act, 2007, and the Wages Order establish guidelines for overtime work and compensation. Any work exceeding the regular working hours is considered overtime.

Overtime is compensated at a rate of one and a half times the normal hourly rate for work done on weekdays exceeding the standard hours. This increases to twice the normal hourly rate for overtime on Sundays or public holidays.

Total working hours, including overtime, cannot exceed 116 hours in any two consecutive weeks for regular day workers.

It's important to consult the specific Wages Order applicable to your industry for any variations in overtime rules or compensation rates.

Rest periods and breaks

In Kenya, while there is no explicit law mandating rest breaks during working hours, the emphasis is placed on rest periods through limitations on daily and weekly work hours.

Daily Rest Period

According to the Employment Act, 2007, Section 24(1)(a), there is a stipulation for a minimum daily rest period of twelve consecutive hours between the end of one workday and the beginning of the next.

Weekly Rest Day

The Employment Act also guarantees workers at least one rest day in every seven-day period, regardless of weekends or public holidays, as stated in Section 27(2).

It's important to note that the lack of mandated breaks during working hours highlights the importance of employers establishing clear internal policies. These policies should ensure employee well-being and optimal productivity through scheduled breaks.

Night shift and weekend regulations

Kenyan employment law acknowledges the unique nature of night and weekend work, setting specific regulations to safeguard worker well-being and ensure equitable compensation.

Night work in Kenya is defined as any work performed between 7:00 pm and 6:00 am. The Wages Order outlines limitations and additional entitlements for night workers. Total working hours, including overtime, for night workers should not exceed 144 hours within two consecutive weeks. This averages to about 60 hours per week, compared to the standard 48-hour week for day workers. The Wages Order encourages employers to provide a night shift allowance, although a specific amount isn't mandated. It is advisable to negotiate a night shift allowance in your employment contract.

While Kenyan law guarantees one rest day per week, it doesn't explicitly prohibit working on weekends. However, specific compensation applies if work is scheduled. Working on Sundays or public holidays triggers overtime pay at double the normal hourly rate, offering a significant incentive for employees.

Importantly, night work and weekend work can sometimes overlap. The aforementioned regulations work together. If a night shift extends into the weekend (Sunday), the employee would be entitled to both night shift allowance (if applicable) and double overtime pay for the Sunday hours worked.

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