Universities are up in arms over the move by the Teachers Service Commission (TSC) to scrap the Bachelor of Education Degree Programmes. In the proposals the Commission instead wants university students to undergo a three year study in Bachelors (Science or Arts) degree before proceeding for a one year Post Graduate Diploma in Education.

These new changes are contained in the latest TSC ‘FRAMEWORK ON ENTRY REQUIREMENTS IN THE TEACHING SERVICE’.

But, according to Dr. Mercy M. Mugambi (a Senior Lecturer at the Department of Educational Administration and Planning, School of Education) Teachers are key to improving quality education in any educational system. It is often said that the quality of an educational system cannot be greater than the quality of its teachers.

Currently with the reforms in Education in Kenya, stakeholders in the education sector have different views on how initial teacher development should be offered in Universities.

She says ‘Teacher Service Commission( TSC) whose mission is ’to professionalize the teaching service for quality education and development in Kenya’ is proposing a shift in the training models for teachers in Universities (from concurrent to consecutive training model) effective from September 2021. This will see the phasing out of Bachelor of Education in Art and Science.’

Dr. Mercy says the main question is what is the problem with the concurrent model? The concurrent model has the extreme advantage of integrating discipline and educology studies which is critical in any teaching and learning process.

She argues that a consecutive model often has less integrated learning experience between the discipline and the pedagogical studies and a short period of socialization into the profession. The consecutive model allows learners to hastily acquire knowledge which in the modern learning paradigm does not create a precondition to become a real pedagogue. Trainees need to reflect on experiences which cannot be acquired hastily. With this model, trainees do not have adequate opportunity to acquire in-depth knowledge of their professional environment and their relationship of their personality to it.

According to here, TSC should be able to predict the number of teachers that will be required to effectively implement Competency Based Curriculum (CBC), by analyzing if the supply of potential teachers will meet the demand and supply cycles: with the need to produce qualified teachers to implement the new curriculum, will the consecutive model allow for this?. 

Competency Based Curriculum has emphasis on nurturing of potentials and talents of learners from the early years of learning. In the same way, Universities need to nurture teacher trainees in their profession from the early year of training.

Universities should therefore be left to align their programmes to the new system education in the same way the Ministry has done with Diploma Teacher Education (DTE) programme.

Dr Mercy blames the Commission for failing to bring all stakeholders on board and says consultation is Key for improvement in support the 21^stCentury agenda.

Section 5 (1) of the Universities Act No. 42 of 2012 mandates the Commission for University Education to;

1. Promote, advance, publicize and set standards relevant in the quality of university education, including the promotion and support of internationally recognized standards;
2. to Monitor and evaluate the state of university education systems in relation to the national development goals; and
3. Approve and inspect university programmes in Kenya.

She wonders ‘how come now TSC has the overall say in University programmes?’

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Teachers and other civil servants will not receive any new salaries any time soon, the Salaries and Remuneration Commission (SRC) has declared.

According to the latest circular by SRC, no new Collective Bargaining Agreements (CBAs) will be signed in the next two years as a result of the bloated wage bill and effects of the Covid 19 pandemic on the economy.

Also read; SRC freezes salary increment for teachers, civil servants for two years (No new CBAs)

Reads the full contents of the SRC circular below;

Outcome of the Third Public Sector Remuneration and Benefits Review Cycle; 2021/2022-2024/2025

The Salaries and Remuneration Commission (SRC) is established under Article 230 of the Constitution of Kenya, 2010, with the mandate to set and regularly review the remuneration and benefits of State officers, and to advise on the remuneration and benefits of all other public officers.

As per Section 11(e) of the SRC Act, 2011, the Commission set a four-year review cycle for remuneration and benefits in the public sector. The first review cycle ran for the period 2013/14–2016/17, and the second review cycle was during the years 2017/18–2020/21.

The third review cycle is for the period 2021/22–2024/25, and will commence in the financial year 2021/2022.

The Remuneration Review Cycle under reference is undertaken within the following context;

a) Economic outlook

The outbreak of the Covid-19 pandemic and the resultant containment measures has and continues to impact the global economy. The World Economic Outlook, January 2021, as published by the International Monetary Fund, estimates that the global economy slowed down by 3.5 per cent in 2020, from a growth rate of 2.8 per cent in 2019.

The current economic slowdown is worse than the slowdown reported in the 2008–2009 global financial crisis.

Prior to the outbreak of the pandemic, Kenya’s economy was resilient in spite of the challenging global environment. The economic growth for 2018 and 2019 averaged 5.4 per cent.

In 2020, the economy was adversely affected by the outbreak of the pandemic, which affected lives and livelihoods and, to a greater extent, businesses and economic activities.

As a result, the economy is estimated to have slowed down to around 0.6 per cent in the year 2020, from a growth of 5.4 per cent in 2019.

Kenya’s economy is projected to recover and grow to around 6.6 per cent in 2021, supported by ongoing investments in strategic priorities of the government under the Big Four Agenda, and implementation of the economic recovery strategy.

b) Impact of Covid-19 on jobs and income

Due to Covid-19 restrictions globally, the International Labour Organization estimates that 8.8 per cent of global working hours were lost in 2020 relative to 2019.

This is equivalent to 255 million Full-Time Equivalent jobs, which were about four times greater than during the 2009 global financial crisis. Workers globally, including in Kenya, have had to accept shorter working hours and wage cuts in different sectors and industries. Several countries have taken measures to rearrange their expenditures to share the economic burden.

The measures undertaken globally include, but not limited to:

• introducing basic salary cuts;
• withholding annual increment, freezing of minimum wage;
• freezing inflation-linked increases in basic salary and pension;
• suspending all planned salary increases effective financial year 2020/2021; and
• mandatory donations of portions of some employees’ salaries to finance the pandemic response.

In Kenya, in the spirit of social dialogue, Kenya’s social partners entered into a Memorandum of Understanding detailing a joint approach to managing labour relations during the period.

Review of remuneration and benefits in the Third Remuneration Review Cycle While setting and advising on remuneration and benefits payable, SRC is guided by constitutional principles set out in Article 230(5) of the constitution and Section 12 of SRC Act, 2011.

These principles are:

• Affordability and fiscally sustainability;
• Attraction and retention of requisite skills;
• Recognition of performance and productivity;
• Transparency and fairness; and
• Equal remuneration to persons for work of equal value (Equity).

The Commission has reviewed remuneration and benefits in the context of these principles as follows;

Affordability and fiscal sustainability of the wage bill

The current Public Sector Wage bill consumes a larger percentage of revenue than the target set in the Public Finance Management Act 2012 and a larger percentage of GDP compared to average for developing countries.

Affordability and sustainability ratios

To jumpstart the Covid-19-ravaged economy, more resources must be made available for investment in the government priority areas. To release resources for investment in the priority areas, the wage bill to revenue and to GDP ratios must take a trajectory towards achievement of the target ratios.

Equity and fairness

The Commission addresses equity and fairness through job evaluation, harmonisation of salary structures, and streamlining allowances and benefits. Consequently, SRC has undertaken;

• Job evaluation of the current review cycle to determine the relative worth of jobs and to harmonise job grades within and across sectors;
• Review of salary structures; and
• A study on allowances payable in the public sector and developed a policy, which will streamline allowances to ensure equity and fairness in total pay.

Harmonisation of basic salary structures, implementation of job evaluation results and implementation of the allowances policy will be done within the framework of affordability and fiscal sustainability.

Attraction and retention of requisite skills

Remuneration and benefits is a key driver of attraction and retention of requisite skills. The Commission ensures that remuneration and benefits in the public sector enables attraction and retention of requisite skills through salary labour market surveys in the public and private sector.

A study by SRC in 2018 revealed a high retention of 95 per cent of employees within the public sector. SRC carried out another salary survey in the public sector in 2020 to establish compensation levels and trends, which revealed a 90 per cent retention rate of employees in the public sector.

The high retention is attributable to high job security, opportunities for growth and a good work environment.

Further, SRC undertook salary surveys in the private sector in 2021 to gauge remuneration levels and ensure a fair balance in the private and public sector remuneration and benefits.

Implementation of this survey is subject to affordability and fiscal sustainability.

Recognition of performance and productivity

SRC has developed a draft framework to recognise performance and productivity and has received stakeholder input. These principles will be operationalized within the context of affordability and fiscal sustainability once the framework is finalised.

Outcome of remuneration and benefits in the Third Remuneration Review Cycle

The review of remuneration and benefits in the third review cycle is informed by outcomes of the job evaluation and grading, labour market salary surveys and a review of the current salary structures in the public sector.

Implementation of the outcome of the third remuneration and benefits review cycle is projected to cost Ksh 82 billion over a four-fiscal-year period.

Pursuant to the constitutional principle of affordability and fiscal sustainability, SRC engaged the National Treasury on the projected cost. The National Treasury advised the Commission that due to the effect of Covid- 19 pandemic on the performance of the revenue and the expected slow economic recovery;

• The Commission to consider postponing the review for the next two fiscal years until the economy improves, and
• The National Treasury will review the performance of the economy and advise SRC as/and when the review can be done based on the prevailing circumstances to ensure affordability and fiscal sustainability.

Pursuant to SRC’s mandate to set, and regularly review the remuneration and benefits of State officers, and to advise on the remuneration and benefits of all other public officers, the Commission considered the advice of the National Treasury, the constitutional principles and SRC Act principle on remuneration and benefits and hereby, states as follows;

Notwithstanding the need to enhance equity and fairness through harmonisation of salary structures, implementation of job evaluation results and the need to review salary structures;

Cognisant of the government’s financial constraints, the current wage bill ratios, the need to release resources for investment in the strategic priorities of the government to jumpstart the Covid-19-ravaged economy;

1. There will be no review of the basic salary structures, allowances and benefits paid in the public sector in the financial year 2021/2022-2022/23;
2. Annual salary notch adjustments in existing salary structures, as set or advised by SRC, will continue to be applied within budget allocation;
3. No additional funding will be provided for implementation of the job evaluation results in the financial year 2021-2022 and 2022/2023;
4. Public sector institutions may implement job evaluation results, by placing jobs in their rightful job evaluation grading, within the existing salary structures and approved budgets, subject to confirmation to SRC that the funding is provided for in the current budget;
5. Public sector institutions will be required to fully implement the Allowances and Benefits Policy; and
6. SRC will review the situation after two fiscal years, and based on the status of the economy, guide on the way forward for the remaining period of the third remuneration and benefits review cycle.

About the Salaries and Remuneration Commission

The Salaries and Remuneration Commission (SRC) is established under Chapter 12, Article 230 of the Constitution of Kenya, 2010. Its mandate is:

• To set and regularly review the remuneration and benefits of all State officers; and,
• To advise the national and county governments on the remuneration and benefits of all other public officers.

For more information, contact:

Anthony Mwangi; mobile: +254 739 579 176, Email: ammwangi@src.go.ke
Purity Njeru; mobile: +254 736 712 864, Email: pnjeru@src.go.ke
For more information, visit: www.src.go.ke

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The new guidelines are contained in the latest TSC circular titled; ‘Guidelines on management of payroll check-off facility’.

Third party transaction fee

The Commission has, at the same time, released the third party transaction fees as shown below;

 INTRODUCTION.

The Teachers Service Commission (“the Commission”) is established under Article 237 (1) of the Constitution. Article 237 (2) of the Constitution mandates the Commission to:

• register trained teachers;
• recruit and employ registered teachers; and
• assign teachers under its employment to serve in public schools/institutions.

The operations of the Commission are further guided by the Provisions of the Teachers Service Commission Act No. 20 of 2012 (“the Act”).

Under the Act, the Commission is further empowered to formulate policies to achieve its mandate; provide strategic direction, leadership and oversight to the secretariat; manage the payroll of its employees; and do all other things as may be necessary for the effective discharge of its functions and the exercise of its powers.

Similarly, the Employment Act and the Labour Relations Act requires the Commission as an employer to uphold and promote good industrial relations with its employees and other stakeholders so as to promote sound Labour Relations.

The Commission in 2014 developed guidelines to aid in the management of payroll check-off facility. These guidelines have been in use for 6 years and there is a need to be review them to address emerging issues. The review has also been necessitated by the newly developed T-Pay platform currently being used by the Commission in management of Third Party check off facility.

DEFINITIONS OF TERMS

These Guidelines may be cited as the “Teachers’ Service Commission Guidelines on Management of the Payroll Check-Off facility.”

In these Guidelines: –

• “ability” means having the financial means of at least one-third 1/3 of the basic salary drawn by an employee or such limit or criteria as may be set by the Government from time to time to accommodate a deduction.
• “applicable law” means any law, rule or regulation having the force of law that guides the check-off facility.
• “by-product” refers a report of a transaction or a series of transactions containing a report/ data extracted from the payroll.
• “check-off system” refers to a payroll facility that an employer uses to deduct a portion of an employee’s salary/remuneration to effect statutory and voluntary deductions.
• “Commission” means the Teachers Service Commission.
• “employer” means the Teachers Service Commission.
  “contact person” means a person designated by the organizations/institutions to manage the check-off facility.
• “data” means information required to effect the deductions on the check off facility.
• “deduction code” means a unique identity issued by Government to authorize the holder to use the check-off facility in the Government payroll.
• “deduction code holder” means a firm or institution holding or authorized or issued with a code by the government to use on the payroll check off facility.
• “employee” means a person who for the time being is in the employment of Teachers Service Commission.
• “guarantor” means an employee who assumes financial responsibility of another in the event of default or failure on the part of the employee to meet his/ her financial obligations.
• “one third (1/3) rule” means the net amount an employee must retain after all deductions have been made.
• “data schedule” means the format in which the 3rd party’s data or information for check-off is submitted.
• “memorandum of understanding” is the instrument signed between the Commission and the 3rd party on the management of check-off services.
• “major complaint” means complaints where fraud is seen, or the issues in question is weighty, complex and requires a detailed analysis and consideration.
• “statutory obligations” means deductions due to the Government pursuant to the operation of the laws and shall include deductions accruing on account of a court order or fulfillment of any obligation under the law.
• “stop order” means instructions issued by the 3rd party or the employee and duly considered by the Commission to stop a specific deduction on the payroll.
• “3rd party” means a company or firm or organization or any entity who is a deduction code holder and has met the requirements set by the Commission for accessing the check-off facility.
• “voluntary deductions” means any deductions of salary under the written authority of the employee.
• “discharged liability’’ means where a party to an agreement has paid or has cleared the amount due in the agreement.
• “trade union dues” means monthly subscriptions paid by a duly registered member of a union as a condition of membership.
• “confidential information” means all information, data and documents including but not limited to financial status, passwords, personal information, and processes concerning all parties.

RATIONALE

In undertaking its mandate to manage its payroll, the Commission has experienced the Consistent and numerous complaints from employees regarding irregular and unauthorized deduction of their salaries towards 3rd Party Institutions.

The use of fictitious, forged, erroneous and inaccurate documents by 3rd Parties allegedly from employees for deduction.

Failure by Third Party firms to undertake due diligence and physically verify teacher’s identity through Heads of Institutions, thereby giving out loans to impersonators/fraudsters.

Emerging of online/mobile loans issued by Third Party firms without signed contractual agreements.

Negligence/ignorance of employees to safeguard T-Pay system passwords which exposes them to fraudsters.

Failure of employees to read through and understand loan contracts/agreements with Third Party firms thereby complaining later that they were duped.

Delay/failure by Third Party firms to stop deductions where an employee has discharged liability.

The above challenges have impacted negatively on integrity of payroll data and have strained the Commission’s resources in the overall administration of 3rd Parties deductions.

These inherent challenges have compelled the Commission to review these Guidelines to ensure efficient and effective management of the third party transactions.

The Guidelines shall provide administrative procedures to guide the check-off facility transactions.

OBJECTIVES

The overall objective of the Guidelines is to provide regulations on the management of Teachers Service Commission payroll check-off facility.

PURPOSE

• To streamline and regulate the management of the Teachers Service Commission (TSC) payroll check- off facility.
• To establish standard guidelines for managing the facility and mechanisms for enforcing compliance with stipulated Guidelines relating to the payroll check-off facility.
• To protect TSC employees from exploitation by 3rd parties.

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APPLICATION

These Guidelines shall apply to all 3rd parties who are transacting on the Commission’s Check off facility. They shall take effect with effect from 1st April, 2021.

ESTABLISHMENT OF 3rd PARTY MANAGEMENT COMMITTEE

The Commission shall establish a Committee known as Third Party Management Committee, hereinafter referred to as the committee, comprising of the following members:-

• The Director Human Resource Management and Development who shall be the Chairperson;
• The head of IPPD Division who shall be the secretary to the Committee;
• The Director ICT or a representative;
• The Director Finance and Accounts or a representative;
• The Director Legal, Labour and Industrial Relations or a representative;
• The Head of Risk Management Division or a Representative;
• The Head of Integrity Division
• The Head of Corporate Communications
•  One officer designated to the Committee by the Director HRM & D

How the Committee shall execute its mandate

• The quorum of the committee shall be five members.
• Sittings of the committee shall be held at the Commission’s headquarters at any time as the need may arise and proceedings of such meetings shall be recorded.
• The Committee shall regulate its own procedure.

The Terms of Reference of the Committee shall be as follows:-

• To receive all applications from prospective third parties;
• To vet all applications received from third parties as per the Third Party Guidelines and other criteria as may be issued by the Commission;
• To maintain proper records and documentation for each third party;
• Ensure each third party admitted into the check of system executes a contract with the Commission;
• To evaluate and prepare a report of performance of third parties
• To sanction and terminate contracts with third parties
• To receive and forward complaints from employees to Audit Directorate
• Put in place internal control systems to prevent fraudulent activities on the check off facility;
• Receive Investigation Reports from Audit Directorate and act on recommendations thereon;
• To act on major complaints and communication the same to the third parties;
• Ensure that the provisions of the third Party Guidelines and contractual agreements are implemented;
• The Committee shall present quarterly reports to management detailing among others:
• Any fraudulent activities reported during the quarter and actions taken by the Committee;
• The status of the check off facility system including challenges, success, and benefits.

See related information in the articles below;

ADMISSION TO THE TSC CHECK OFF FACILITY

An entity that desires to be admitted to the check of facility must meet the following mandatory requirements:

• Income Tax (PIN) Certificate;
• Tax Compliance Certificate from Kenya Revenue Authority;
• Certificate of Incorporation or Registration;
• Deduction Code Holder Authorization Letter from DPSM;
• Trading Licenses issued by relevant Government Agencies;
• By Laws for SACCOs and Affiliated Social Welfare Associations;
• Letter of confirmation from Regulatory Authority of the firm;

In addition to the above, for a third party to be admitted in the Commission’s check off system it must:-

• Have been in operation in the Republic of Kenya for a period of at least five (5) years;
• Provide certified audited accounts or latest financial statements;
• Provide a letter of Recommendation from its Regulatory Authority;
• Provide a list of at least three (3) government institutions where it has been granted a check off facility system;
• Provide evidence of presence and branch network in at least fifteen (15) Counties except for region based cooperative societies.

All third parties admitted into the Check off Facility shall execute an agreement setting out the terms and conditions of engagement. Such terms shall include but not limited to:-

• Obligations of the parties (Third parties and TSC);
•  Period of engagement and renewal clauses; (Renewal should be after every five (5) years subject to positive performance report developed by the committee;
• conditions of engagement;
• Termination clauses;
• Review clause
• Fees payable;

THE TSC ONLINE T-PAY (TEACHERS-PAY) SYSTEM

The Commission developed the online T-Pay application platform for employees and Third-party firms to transact check-off deductions. The application has enhanced efficiency in management of Third Party check of facility.

The System further seeks to:-

• Enforce the one third rule as per the provisions of Employment Act (2007).
• Minimize fraudulent transactions through inbuilt controls;
• Empower employees to have control over Third Party deductions against their salary;
• Enable Third Party firms manage their data, minimize data entry errors and enhance accountability on deductions against an employee’s salary;
• Have Real time data capture hence a reduction on transaction turnaround time;
• Reduce operational costs.

The users of online T-Pay application are the employees, the employer and the Third-Party firms.

What teachers will be required to do

The obligation of the Employee shall include:-

• To initiate all transactions with the preferred Third Party firm, by sending his/her pay slip online.
• To complete the process by approving the captured transactions to be deducted against his/her salary before they are loaded on payroll.
• To take responsibility and safeguard their online T-Pay system password.
• To provide authentic documents when seeking check-off services.
• To read and understand the contract terms and conditions before signing the legally binding contract/agreement with the Third-Party firm.
• To notify the Commission in writing when joining or withdrawing from a third party.

What third party companies will be expected to do

The obligation of the Third-Party firm shall include to:-

• Obtain legitimate authority from employees before transacting any facility in the T-Pay system;
• Capture, adjust and stop all deductions online for the respective employee as per the signed legally bidding agreement/contract between the employee and the firm.
• To upload a soft copy of the contractual agreement at the point of uploading the loan at the T-PAY system
• Safeguard employee’s data and confidential information that it has been entrusted with and use it for only the intended purpose as per the Data Protection Act, 2019.
• Be held accountable for integrity of data captured on the T-pay system.
• Submit accurate data to the Commission to facilitate 3rd party deductions;
• Reconcile its deduction requests against the by-products to avoid duplication or double deduction of the same transaction;
• Undertake due diligence to ensure that the documents and data submitted are valid and accurate to facilitate the deductions;
• Return/refund the erroneous or irregular remittances to the Commission upon demand or upon detection of the irregularity;
• Stop deductions for a discharged liability not later than three (3) days from
  the date of such clearance by the employee;
• Adhere to the Provisions of the Third-party Guidelines.

Roles of TSC in third party transactions

The obligation of the Commission shall be to:-

• Extract all approved data on T-Pay application, verify the same and upload on the payroll;
• Receive complaints from employees and forward them to human resource management and development directorate for action.
• Stop any unauthorized deduction and inform the relevant third party of the complaint and stoppage of deductions.
• Blacklist and deregister any third party firm and/or entity who has been established to be involved in fraudulent deductions in the T-pay system in accordance with the provisions of the agreement.
• Reduce from the 3rd party’s subsequent monthly remittances any fictitious, inaccurate or irregular deduction erroneously effected on an employee’s salary whether caused by the 3rd party’s negligence or otherwise and refunded to the affected employee;
• The Commission reserves the right to verify and confirm the authenticity and accuracy of any data submitted by 3rd parties before the same is affected on payroll.

THE ONE THIRD (1/3) BASIC SALARY RULE

The Commission shall only effect deductions (both statutory and voluntary) up to a maximum of two thirds (2/3) of an employee’s basic salary through the checkoff facility.

It shall be the responsibility of the 3rd parties to ensure that the proposed deduction(s) from individual employees meet the one third (1/3) requirement as provided for under the Employment Act (2007) and to confirm the ability of the employee to meet his/her obligation.

TRADE UNION DUES AND AGENCY FEE

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.

The Commission shall deduct and pay to a trade union an agency fee from the salary of each union sable 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

STOP ORDER

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 above, the Commission, upon receipt of authenticated instructions from the employee, shall stop the deduction without reference to the third party.

In the event 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-Partyfirm. 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.

ACTION AGAINST DEFAULTERS

A third party shall exhaust all avenues within its means, including legal action against a defaulter.

A third party shall notify any Guarantor in writing of the intention to recover the defaulted loan/credit facility.

It shall be an act of misconduct on the part of an employee who willingly or knowingly fails to meet obligations in respect of un-discharged liabilities and the Commission shall exercise disciplinary action against such an employee as per existing regulations.

ADMISSION TO THE CHECK-OFF FACILITY

A third party shall seek authority from the Commission to use the TSC checkoff facility through formal application by filling the prescribed Application Form (annexed as second schedule) and paying the admission fee at rates that will be determined by the Commission from time to time.

On receipt of the application as per sub clause 14.1above, the Commission shall evaluate the suitability of the third party against these guidelines and any other guidelines that may be set from time to time.

The Commission shall communicate the decision of the evaluation process to the third party in writing.

The successful third party will be required to pay Admission fee within 30 days, failure to which the application becomes null and void.

The Commission shall reserve the right to admit a third party into its payroll check-off facility through the T-Pay application.

RENEWAL OF ADMISSION TO THE CHECK-OFF FACILITY

An existing Third Party shall every five (5) years after admission into the system seek renewal of admission from the Commission to continue accessing the check-off facility.

The Third Party shall follow the application procedure for Authorization of check-off facility as outlined in clause (14) of these Guidelines/ Regulations.

The Applicant shall pay a renewal fee at the rate determined by the Commission from time to time.

Failure to apply for re-admission within 3 months prior to the expiry of the subsisting access to check off facility, will result into the Commission barring the Third Party from submitting any fresh deduction requests, provided that the existing deductions shall continue to subsist to full term, thereafter the Third Party shall stand deactivated from the TSC check-off facility through the T-Pay application.

Upon approval of the new guidelines all the existing Third Party firms are expected to apply for renewal of admission within thirty (30) days, failure to which they will be barred from undertaking any transactions with the Commission as outlined in subsection 15 .4 above.

The Commission shall reserve the right to re-admit a Third Party into the Check off facility.

SERVICE CHARGE FOR THIRD PARTY TRANSACTIONS

A third party shall pay a service charge for processing of deductions, data, information, reports, and/or any other service provided by the Commission;

The Third party shall fully absorb the service charge cost without passing it to the employee;

The applicable rates for service charge shall be as indicated under the schedule 3 and shall take effect from the date of these guidelines;

Service charge shall be reduced from the remittances of the third party at the end of every month;

These rates shall be determined by the Commission from time to time.

TERMINATION OF THE CHECK-OFF FACILITY

Check-off facility shall be terminated by the Commission in any of the following circumstances: –

• Failure by the third party to comply with the statutory provisions as well as any Government Regulations and rules relating to third party deductions.
• In the event that any applicable rules and regulations makes a deduction illegal or not permissible from an employee’s salary.
• In the event the third party becomes bankrupt or is de-registered under the law.
• If the third party engages in any practice deemed by the Commission to be fraudulent or illegal on the part of the third party.
• For purposes of this section, the Commission shall give or issue fourteen (14) days notice of its intention to terminate the relationship with the third party.
• In the event a third party is refused, barred, suspended or terminated from the use of the check-off facility by the Commission, the third party may appeal in writing, to the Commission for a review of the decision within twenty-one (21) days.

 CONTACT PERSONS

A third party shall designate contact person(s) to manage check-off facility matters as shall be provided for in the application form.

The Commission shall designate officer(s) to manage the third party matters relating to the check-off facility. All correspondence on matters relating to third party deductions shall be addressed to the Secretary/Chief Executive.

GENERAL PROVISIONS

All third parties and employees shall be subject to these Guidelines and any other regulations which may be developed from time to time in respect of the check-off facility through the T-Pay application.

Failure by any party to ensure integrity and accuracy of data provided for purposes of the check-off services will be subjected to sanctions stipulated in these regulations.

An employee who engages or encourages or perpetuates any fraudulent practices in respect of the check off facility shall be subject to the disciplinary proceedings as per existing regulations;

In the event that an existing Third Party fails to meet the requirements as stipulated in these Guidelines, such a Third Party shall be barred from submitting any fresh deduction requests, provided that the existing deductions shall continue to subsist to full term, thereafter the Third Party shall stand deactivated from the TSC check-off facility through the T-Pay application.

Offences with regard to Third Party deductions shall include offences prescribed in the first schedule or any other relevant laws.

The Commission, upon establishing a breach of these regulations, may take any or a combination of the following sanctions against the defaulting party: –

• Warning in writing.
• Instituting disciplinary process on the employee.
• Suspension of the Third Party from the use of the Check-off Facility through the T-Pay application
• Barring the Third party from using the Check-off Facility through the T-Pay application.

FIRST SCHEDULE

OFFENCES AND ACTS OF MISCONDUCT

For the purpose of these regulations, the following will constitute offences and acts of misconduct in the management of the Check- off Facility.

1. Submission through T-Pay of inaccurate or misleading data by the Third party.
2. Submission of forged documents by the 3rd party and the employee to access check – off services.
3. Violation of the one third (1/3) statutory requirement by the employee.
4. Failure on the part of the 3rd party to stop deduction in respect of a discharged liability within the stipulated time.
5. Failure on the part of the 3rd party to notify a guarantor in writing of intention to recover the defaulted loan/credit facility.
6. Willingly or knowingly failing on the part of the employee to meet obligations in respect to un-discharged liabilities.
7. Any act or omission on the part of the 3rd party or employee, which in the opinion of
   the Commission contravenes these guidelines or any other written law.
8. Unauthorized access to an employee’s T-Pay account.
9. Unauthorized access to the T-Pay system.

SECOND SCHEDULE

APPLICATION FORM FOR ADMISSION INTO THE COMMISSION’S CHECK OFF FACILITY

TEACHERS SERVICE COMMISSION APPLICATION FORM FOR PROVISION OF CHECK-OFF SERVICES

IMPORTANT INFORMATION

Consideration for approval of the Application will be based on information
provided in this form.

Please attach the following documents dully certified by a Commissioner of Oaths/ Notaries Public: –

Mandatory Requirements

1. Income Tax (PIN) Certificate;
2. Tax Compliance Certificate from Kenya Revenue Authority;
3. Certificate of Incorporation or Registration;
4. Deduction Code Holder Authorization Letter from DPSM;
5. Trading Licenses issued by relevant Government Agencies;
6. By Laws for SACCOs and Affiliated Social Welfare Associations;
7. Letter of confirmation from Regulatory Authority of the firm;
8. IFMIS Number

In addition to the above, for a third party to be admitted in the Commission’s check off system it must:-

1. Have been in operation in the Republic of Kenya for a period of at least 3 years;
2. Provide certified audited accounts or financial statements for at least three (3) years;
3. Provide a letter of Recommendation from its Regulatory Authority;
4. Provide a list of at least three () government institutions where it has been granted a check off facility system;
5. Provide evidence of presence and branch network in at least 15 Counties except for region based cooperative societies;

For Trade Unions

1. Registration Certificate as a Trade Union.
2. Order from the Cabinet Secretary for Labour instructing the Commission to commence deductions
3. A copy of the Registered Recognition Agreement with the Commission.

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