The Kenya National Union of Teachers, KNUT, has presented the 2021-2025 Collective Bargaining Agreement (CBA) proposals to TSC. This comes days after TSC presented the 2021-2026 teachers’ salary increase proposals to the Salaries and Remuneration Commission, SRC.<\/p>\n
KNUT has responded angrily, to the Commission’s move, and wants due process to be followed in coming up with the new CBA for teachers.<\/p>\n
The current Collective Bargaining Agreement (CBA) between Kenya National Union of Teachers (KNUT) and Teachers Service Commission (TSC) is due to lapse on June 30th, 2021. It was against this backdrop that KNUT on October 29th, 2019 forwarded comprehensive CBA proposals to TSC, also with a request for a meeting.<\/p>\n
Collective Bargaining is a key means through which employers and their organizations and trade unions can establish fair wages and working conditions. It also provides the basis for sound labour relations.<\/p>\n
Collective Bargaining is a fundamental right. It is rooted in the International Labour Organization (ILO) constitution \u2013 and reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at Work.<\/p>\n
Article 41(5) of the Constitution of Kenya states that: \u201cEvery trade union, employers\u2019 organization and employer has the right to engage in Collective Bargaining Agreement; while Section 13.5 of TSC Act (2012) states that the Commission will constitute a Consultative Committee on the Terms and Conditions of Service to negotiate a CBA.<\/p>\n
The law further obligates TSC to appoint a 10-member committee that includes five members each from unions and government for negotiation of a CBA. The committee is led by an independent chairperson and a secretary.<\/p>\n
According to established norms\u2026the very norms that were applied during the negotiation and processing of the current CBA (2017\/2021); the first meeting of the committee is to set the rules for engagement that comply with the laws of the country, and ILO statutes; followed by presentation of proposals by unions an exercise closely followed by analysis and justifications.<\/p>\n
There is a counter-proposal from the employer,thereafter, the details of the justifications and the counteroffer are transmitted to the Salaries and Remuneration Commission (SRC) for advice before the Union and TSC sign the Agreement.<\/p>\n
The Commission suspended the 2017-2021 CBA in July 2019, and since then, TSC has been running two parallel payrolls in the Public Teaching Service \u2013 one for KNUT members and the other for non-KNUT members which is contrary to the law and established norms.<\/p>\n
This indeed has complicated labour relations as in the process of effecting two payrolls KNUT members have been discriminated against \u2013 denied salary increments, and even promotions in deserving cases. We have been patient for too long, we cannot stomach this attitude any longer.<\/p>\n
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