A trade union which has signed a recognition agreement with the Commission as required by law shall have its dues deducted in accordance with Part VI of the Labour Relations Act 14 of 2007 from the salaries of its members who have voluntarily joined, signed and submitted a prescribed membership form and authorized union dues to be deducted at source by the Commission.
Teachers in Kenya have three trade unions that they can choose to be members. They include Kenya National Union Of Teachers (KNUT), Kenya Union of Post Primary Education Teachers (KUPPET) and Kenya Union of Special Needs Education Teachers (KUSNET).
The Commission is also required to deduct and pay to a trade union an agency fee from the salary of each unionsable employee, who is not a member of the union, but who has benefited from a Collective Agreement negotiated and concluded between the union and the Commission in accordance with Part VI of the Labour Relations Act 14 of 2007.
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How To Stop Third Part Transaction
It shall be the responsibility of a Third Party to stop deductions of an employee who has discharged his/her liabilities with the firm.
A third party shall stop deductions for a discharged liability not later than three (3) days from the date of such clearance by the employee.
In the event that a third party fails to stop a deduction as provided in sub clause 12.1 above, the Commission, upon receipt of authenticated instructions from the employee, shall stop the deduction without reference to the third party.
When a stop order that is not effected and an over payment is made to the third party, the same shall be recovered from the third party’s subsequent remittance and refunded to the employee.
An employee may discontinue voluntary payroll deductions by providing a written notification to the Third-Party firm. For the purposes of this sub-section, voluntary contribution shall not include the un-discharged liabilities of the employee.
The Commission reserves the right to stop any deduction regardless of whether the third party has issued a stop order or not.