KENYA UNION OF POST PRIMARY EDUCATION TEACHERS (KUPPET)
SUBMISSION TO THE NATIONAL ASSEMBLY COMMITTEE ON EDUCATION AND RESEARCH CONCERNING THE TSC ACT AMENDMENT BILL.
| Short title | Proposed amendments | ||
| 1 | Amend to include “after negotiations with the Unions shall” |
2. The Teachers Service Commission Act, in this Act referred to as the ‘Principal Act’ is amended in Section 11 by inserting the following new paragraph immediately after paragraph (f). (fa) “in consultation with the Salaries and Remuneration Commission and after negotiation with the unions shall facilitate payment of allowances to teachers in the manner set out in the Fourth Schedule.” |
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| 2 | 3. The Principal Act is amended by inserting the following new Section immediately after Section 32. 32A. (1) The Commission may appoint a teacher in an acting capacity for a period of at least thirty days but not exceeding a period of six months. After the six months, the teacher shall be confirmed substantively into the position. |
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| 3 | Amend to include, “or acting allowance, whichever is applicable” |
(4) A teacher appointed in an acting capacity shall be entitled to special duty allowance or acting allowance, whichever is applicable. |
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| 4 | FOURTH SCHEDULE (This part provides for allowances that may be granted to teachers in specified circumstances. The remunerative and reimbursable allowances are non-pensionable except responsibility allowance if earned up to an including the last date of retirement). |
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| 5 | Insert “ appointed into positions of responsibility” |
(e) Responsibility Allowance (1) The Commission shall pay Responsibility Allowance to a head of institution, deputy head of institution and senior teacher who are appointed into positions of responsibility. |
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| Amend by inserting “ or who is teaching in a special school or integrated school” | (f) Special School Allowance (1) The Commission shall from time to time – (a) pay special school allowance to a teacher who possesses skills in special education or who is teaching in a special school or integrated school. |
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| Delete clause (2) | (2) A teacher entitled to special school allowance shall claim the payment of the allowance in writing through the head of institution. |
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| Amend by inserting, “the rate of one month’s basic salary applicable at the teacher’s current salary scale” | (h) Leave Allowance The Commission shall pay an annual leave allowance to teachers on its payroll at the rate of one month’s basic salary applicable at the teacher’s current Salary Scale. |
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| Amend by inserting, “within one month of the transfer” |
(i) Transfer Allowance The Commission shall – (a) where at its discretion transfers a teacher from a sub- county to another or in inter-county transfer, pay transfer allowance to the teacher within one month of the transfer. |
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| Amend to Insert new clause | (j) Acting Allowance The Commission shall from time to time pay an acting allowance to a teacher appointed to perform administrative duties for which the teacher qualifies but has not been substantively appointed. |
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| (k) Per Diem/Subsistence Allowance | |||
| Amend to Insert new clause | The Commission shall from time to time pay a daily subsistence or per diem to a teacher who is assigned to perform an official duty outside the teacher’s work station at the prevailing rate for public servants as determined by the Salaries and Remuneration Commission. |
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| Amend to Insert new clause | (l) Risk Allowance The Commission shall from time to time pay a risk allowance to science teachers who handle laboratory chemicals in the course of their duties. |
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| Amend to Insert | (m) Post-Graduate Allowance The Commission shall from time to time pay a post- graduate allowance to teachers who have attained Master’s and PhD degrees while in service. |
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Justifications of the Proposed Amendments to the Teachers Service Commission Amendment (TSC) Bill, 2024
1. Ensures Fairness and Equity in Salary Determination
When salaries and allowances are determined through collective bargaining with teachers’ unions, it creates a more objective and predictable system and provides a legal protection for teachers. This process allows for transparent negotiations over compensation, leading to enforceable agreements that provide stability for educators and their families. It also helps reduce arbitrary or unilateral decisions by the employer, ensuring fairness and equity across the teaching workforce. Negotiations based on mutual interest encourage joint problem-solving, leading to agreements that address the needs of both parties.
2. Ensure equity in allowances.
Risk allowance clause into the bill is a justified and necessary measure to address the real and present risks faced by teachers. It will not only improve their welfare and job satisfaction but also enhance the overall quality and stability of the education sector. Teachers are exposed to hazardous materials and they require the compensation. Teachers with post-graduate qualification require a remuneration that suits there qualification.
