Here are full details of TSC-KNUT and TSC-KUPPET 2017-2021 Collective Bargaining Agreement (CBA)

Teachers service Commission-TSC is a constitutional Commission established under 231(1) of constitution of Kenya whereas Kenya National Union of Teachers-KNUT is a trade union registered under section 12 of labour Relation act. The Kenya Union of Post Primary Education Teachers-KUPPET is also trade Union registered under section 12 of labour Relation act.

Objective and purpose 2017-2021 CBA

  • The primary objective of 2017-2021 CBA was to ensure that both parties work harmoniously in negotiating the terms and service of teachers for the purpose of improving teaching standards and performance in teaching service.
  • The CBA is intended to facilitate structured and constructive dialogue between the parties for the purpose of maintaining industrial peace in teaching service.

Effective Dates and Duration

  • The term of agreement commenced on 1st July, 2017.
  • The agreement was to remain in force for a period of 4 years with effect from 1st July, 2017 to 30th June, 2021.
  • The agreement shall remain in force and bind all parties until a new Collective Bargaining Agreement is negotiated.

Code of Regulations & Code of Conduct and Ethics of Conduct of Teachers

The Code of Regulations & Code of Conduct and Ethics of Conduct of Teachers shall form an integral part of this agreement.

Probation Period

  • A teacher appointed by the commission on permanent and pensionable terms shall remain on probation for a period not exceeding 6 months.
  • A teacher shall upon expiry of probation period apply to the commission through writing for confirmation of appointment.
  • The commission shall upon receipt of the confirmation letter of a teacher and based on the recommendation of the head of the institution, confirm the appointment of the teacher to permanent and pensionable terms, or extend with the consent of the teacher probation for another period not exceeding 6 months.
  • The commission shall where the teacher completes further period of probation confirm or the terminate the service of the teacher, based on recommendation of the head.
  • A teacher who transfers service from the civil service to the teaching service while on permanent and pensionable terms, shall not be subjected to probation period.

Obligations of parties

Obligations of the employer

  • To ensure expeditious settlement of reported industrial grievances and strictly observe grievance mechanism recommended in this agreement and law.
  • To implement the agreement.
  • To avoid engaging in activities contrary to this agreement.

Obligations of the Union

  • Shall discourage any breach of peace or civil unrest by Union members that disrupt learning and erode teaching dignity.
  • Not to engage in activities or programmes that contravene this agreement.
  • The Union shall encourage professionalism in the teaching service by discouraging its members from participating in activities that may disrupt teaching and learning.

Remuneration

Parties agreed remuneration payable to teachers shall be determined pursuant to the Kenyan constitution.

Discipline

The parties agreed that the discipline of teachers shall be undertaken as provided in the Code of Regulation of Teachers and Code of Conduct and Ethics for Teachers.

Grievances Handling Procedure

  • Parties agreed that at all times attempt will be made to resolve all their grievances in amicable manner with a view of maintaining sustainable industrial peace in the teaching sub-sector. Therefore the parties must exhaust all the alternative dispute resolution mechanism under the law before settling for industrial action.
  • In case the alternative dispute fails, either party shall be at liberty to refer the grievances to the Cabinet Secretary for labour as provided for under Labour Relation Act.

Sexual Harassment

Parties shall be guided by Sexual Harassment Clauses in the Employer’s Gender Policy revised 2011 and regulation 23 of the Code of Conduct and Ethics for Teachers

Reimbursable Allowance

The parties agreed to payment of the following facilitative allowances;

  • Daily Subsistence allowance (local travel) – this shall be payable according to the table below;
  • Daily subsistence allowance (Foreign travel)- this shall be payable according to the table below;

  • Transfer allowance– this shall be payable at the rate of one month’s basic salary.
  • Travelling Allowance.

Public Holidays

The commission shall observe public holidays as provided for in the constitution, national legislation or any other day as it will be gazetted by the government.

Performance Management and Evaluation

The parties agree that the commission shall undertake annual performance evaluation of all teachers in its employment as per the code of Regulation for teachers.

Exit from teaching service

A teacher may exit service through any of the following means;

  • Resignation.
  • Retirement.
  • Redundancy.
  • Termination.
  • Dismissal.
  • Transfer of service.
  • Release to other organisation.
  • Death.

In accordance to the employment act, a teacher exiting the service shall be issued with certificate of service.

Industrial Action

In an event of industrial action the union shall lead its members to maintain nobility of teaching profession by conducting themselves with dignity, civility and decorum.

Work Injury Benefits

A teacher who is injured or dies in the course of employment shall be compensated according to the provisions of Work Injury Benefit Act.

Amendment and Variations

  • In the event that any provision of this agreement is to be modified after the agreement has been signed, the modification must be by mutual consent of the parties made in writing and signed by authorized representative of the parties.
  • Notwithstanding any variation and/or amendment of this agreement affecting Remuneration shall be subject to by Salaries and Remuneration Commission’s advice.

Governing Law and Jurisdiction

This agreement shall be subject to the laws of Kenya.

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