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Can Your Employer Force You To Work on Public Holidays Without Compensation?

Public holidays are supposed to be days of rest.

But for many employees in Kenya, public holidays often look very different:

  • Reporting to work as usual
  • Being “requested” to come in
  • Covering urgent operational needs
  • Working full shifts without extra pay

And when employees raise concerns, they are sometimes told:

“This is part of your job.”

So the big question becomes:

Can an employer legally require you to work on a public holiday without compensation?

The short answer:

Generally, no.

Under Kenyan employment law, employees who work on public holidays are typically entitled to compensation or alternative benefits depending on the arrangement. But like many workplace issues, the reality becomes more complicated in practice.

1. What Kenyan Law Says About Public Holidays

Under the Employment Act and Regulation of Wages Orders in Kenya, public holidays are recognized rest days for employees.

If an employee works on a gazetted public holiday, they are generally entitled to:

  • Additional pay, OR
  • Compensatory time off, depending on the employment arrangement and sector

In many cases, employees working on public holidays should receive overtime/public holiday compensation rates.

The principle behind this is simple:

If an employee gives up a legally recognized rest day for work, there should be additional compensation.

2. Why This Becomes Complicated in Real Workplaces

In practice, many employees rarely challenge public holiday work arrangements because:

  • They fear appearing uncooperative
  • The workplace culture normalizes it
  • They are unsure of their rights
  • Economic pressure makes refusal difficult

So employees often work public holidays without overtime, time off or formal acknowledgment.

Especially in sectors like Hospitality, Security, Healthcare, Media etc

In some organizations, it quietly becomes “expected.”

3. Can Employers Require Employees To Work on Public Holidays?

Yes, certain businesses can legally require employees to work on public holidays because operations cannot completely stop.

For example: Hospitals, Security firms or Emergency services

But here is the key issue:

Requiring work does not remove the obligation to compensate employees appropriately.

That is where many workplace disputes begin.

4. The Common Problem: “We Don’t Pay Extra Here”

This is where frustration grows for many employees.

An employee reports to work on:

  • Madaraka Day
  • Mashujaa Day
  • Jamhuri Day
  • Christmas
  • Labour Day

Works a full shift.

Then receives:

  • No overtime
  • No off day
  • No compensation adjustment

And management simply says:

“That’s how we operate here.”

Unfortunately, many employees accept this because they feel they have little bargaining power.

But normal workplace practice does not automatically override legal entitlement.

5. Case Scenario: What Happens in Many Kenyan Workplaces

Take James, who works in a retail chain in Nairobi.

During public holidays:

  • The business remains fully operational
  • Staff work full shifts
  • No additional pay is given
  • Employees are told holidays are “part of retail culture”

When James asks about overtime compensation, the supervisor responds:

“If you don’t want to work holidays, retail may not be for you.”

This is where many employees become conflicted:

  • They need the job
  • They fear being labeled difficult
  • But they also feel exploited

And this situation is becoming increasingly common in sectors operating under high economic pressure.

6. The Bigger Workplace Issue: Burnout and Resentment

Even beyond legal compliance, organizations should think carefully about workplace morale.

Employees who constantly:

  • Work weekends
  • Lose holidays
  • Miss family time
  • Sacrifice personal rest

Without acknowledgment or compensation often become:

  • Disengaged
  • Emotionally exhausted
  • Resentful
  • Less productive over time

And during difficult economic times in Kenya, that frustration becomes even heavier.

Because employees already feel financially stretched.

So when organizations appear indifferent to extra effort, morale drops quickly.

7. What Employees Should Do

If you are consistently required to work public holidays:

1. Review your contract

Check:

  • Overtime clauses
  • Shift arrangements
  • Public holiday compensation terms

2. Document your working days

Keep records of:

  • Dates worked
  • Hours worked
  • Rosters and schedules

3. Seek clarification professionally

Ask HR or management:

“How does the company handle compensation for public holiday work?”

Sometimes employees never formally ask.

4. Avoid emotional confrontation

Approach the issue professionally and factually.

Final Thought

Can employers require employees to work on public holidays?

In many sectors, yes.

But can they simply ignore compensation obligations or employee wellbeing in the process?

That is where both legal and ethical problems begin.

Because public holiday work should not become an invisible sacrifice employees are simply expected to absorb without fairness, acknowledgment, or proper compensation.