COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TEACHERS SERVICE COMMISSION AND THE KENYA NATIONAL UNION OF TEACHERS (KNUT)

ACCRONYMS

ASAL Arid and Semi -Arid Lands

CBA Collective Bargaining Agreement

COCE Code of Conduct and Ethics for Teachers

CORT Code of Regulations for Teachers

CSO Curriculum Support Officer

EARC Education Assessment Resource Centers

FKE Federation of Kenya Employers

ILO International Labour Organization

KNUT Kenya National Union of Teachers

SRC Salaries and Remuneration Commission

TSC Teachers Service Commission

THIS AGREEMENT is made on the?.Day ofJ)2021.

BETWEEN

The TEACHERS SERVICE COMMISSION, a constitutional Commission established under Article 237 (1) of the Constitution of Kenya (hereinafter referred to as “the Employer”) of Post Office Box Private Bag - 00100, Nairobi, in the Republic of Kenya of the one part;

AND

THE KENYA NATIONAL UNION OF TEACHERS, a trade union registered under section 19 of the Labour Relations Act (hereinafter referred to as “the Union”) of Post Office Box 30407 - 00100, Nairobi in the Republic of Kenya, of the other part.

PREAMBLE

a.The parties to this Agreement meeting together freely and voluntarily have determined to regulate industrial relations between them in the interest of mutual understanding and co-operation by signing this Agreement on the terms and Conditions of employment of teachers in the public service.

b.Regulations, policies, procedures and practices of the Employer in effect on the effective date of this Agreement dealing with matters of terms and conditions of employment, published by the Employer shall remain in force and the Employer reserves the right to make, adopt and implement other policies, rules and regulations and procedures not in conflict with the law and this Agreement.

c.The parties agree to mutually recognize, declare and reaffirm their common commitment to maintain a collaborative relationship aimed at realizing quality teaching service in an environment of continuous improvement of terms and conditions of service for teachers.

d.Towards meeting the needs of a progressive and competent teaching service, the parties herein express a mutual obligation and responsibility to promote quality teaching and to protect the best interest of the learners on whose behalf the parties hereto have been called to serve.

e.The Employer and the Union wish to declare their mutual intent to work towards the achievement of common aims as follows:

i.Advancement of quality teaching and standards through performance contracting and appraisal.

ii.The development of a system of communication and consultation designed for harmonious industrial relations between the parties.

iii.Protection of the best interest of learners for whom they are individually, severally and collectively held in trust.

WHEREAS:

a.The Commission is the sole employer of all teachers in the public service in the Republic of Kenya; and

b.The Union is duly recognized by the employer in accordance with the law; and

c.Article 41 (5) of the Constitution of Kenya and Section 54 of the Labour Relations Act gives parties the right to enter into this Agreement; and

d.The parties are desirous to establish harmonious industrial relations through agreed upon terms and conditions of service.

NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties do hereby covenant as follows: -

1.DEFINITIONS AND INTERPRETATIONS

“Agent” means any person or body appointed by the Commission in accordance with section 20 of the Teachers Service Commission Act;

“Allowance” means a monetary compensation paid to a member in addition to the basic salary;

“Basic salary” means the amount of money paid to a member on a monthly basis and excludes the allowances;

“Bipartite” means an engagement between TSC and KNUT;

“Court” means Employment and Labour Relations Court of Kenya.

“Commission” means the Teachers Service Commission

“Dismissal” means the decision by the Commission to terminate the services of a member pursuant to due process under the CORT;

“Family” means teacher-teacher marriage;

“Grievance” means an industrial complaint that affects the terms and conditions of employment which has not been escalated to a trade dispute;

“Head of institution” means the lead educator or administrator in a public educational institution appointed by the Commission as such and responsible for the implementation of the educational curriculum, policy and professional practices;

“Industrial action” means a strike or lockout;

“Performance appraisal system” means a process of evaluation of a member’s performance over a period of time based on agreed performance standards;

’'Redundancy" means the loss of employment, occupation, job or career by involuntary means through no fault of an employee, involving termination of employment at the initiative of the employer, where the services of an employee are superfluous and the practices commonly known as abolition of office, job or occupation and loss of employment;

“Release”1 means allowing a teacher who has been offered employment by public institution, teachers unions, county government and public educational institution to leave the teaching service to take up the appointment, without loss of pension benefits;

“Union” means the Kenya National Union of Teachers.

2.OBJECTIVE AND PURPOSE

2.2This Agreement is intended to facilitate structured and constructive social dialogue between parties for the purpose of maintaining industrial peace and harmony in the education sector.

3.EFFECTIVE DATE AND DURATION

3.1The term of this Agreement shall commence on 1st JULY, 2021.

3.2This Agreement shall remain in force for a period of four (4) years with effect from 1st JULY, 2021 to 30th June 2025.

3.3Notwithstanding Clause 3.2 herein above, this Agreement shall remain in force and bind upon parties until and unless by mutual consent of both parties, it is either reviewed or repealed by a new one.

4.CODE OF REGULATIONS & CODE OF CONDUCT AND ETHICS FOR TEACHERS

The Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers shall form an integral part of this Agreement.

6.OBLIGATIONS OF THE PARTIES

6.1 Obligations of the Employer

6.1.1 To ensure expeditious settlement of reported industrial grievances and strictly observe the grievance handling mechanism recommended in this Agreement and the law.

6.1.2 To implement this Agreement once registered in Court.

6.1.3 To expeditiously implement bipartite settlements, agreement and decisions. 

6.1.4 To avoid engaging in any activities or programmes contrary to this Agreement.

6.2 Obligations of the Union

6.2.1 To discourage any breach of the peace or cause of civil unrest by union members that may disrupt learning and erode dignity of the profession.

6.2.2 To ensure that the union's representatives/officials do not engage or cause their members to engage in any union activities in the course of their official duties that may disrupt learning and duties of its members;

6.2.3 To ensure that the union and its representatives/officials obtain permission of the Commission in the event of activities that may disrupt learning, school programmes and activities in line with prevailing policies of the Commission.

6.2.4 Not to engage in any activities or programmes which contravene this Agreement;

6.2.5 To ensure that the union's collective grievances are reported and/or communicated by its Secretary General directly to the Commission Secretary for remedial action;

6.2.6 To encourage professionalism in the teaching service by discouraging its members from: -

a)Causing damage to institutional property during industrial action

b)Intimidating their colleagues who are not participating in industrial action.

c)Denying employer’s officers/agents access to Institutions of learning during industrial action.

d)Using abusive/inappropriate language towards learners, their colleagues, employer or its officers/agents and other members of the society.

7.REMUNERATION

Parties hereby agree that remuneration payable to members shall be directly negotiated by both the employer and the union in strict adherence to the provisions of Articles 41,

237,and 230(4) of the Constitution of Kenya. Accordingly, parties hereby agree to the following monetary benefits: -

7.1Basic Salary

7.4Leave Allowance

Leave allowance shall be payable as per Appendix 4 to all members once per annum.

7.5House Allowance

House Allowance shall be payable as per Appendix 5 to members.

8.Reimbursable Allowances

The Parties agree to the payment of the following facilitative allowances to members: -

8.1Transfer allowance

Transfer Allowance shall be payable at a rate of one month’s Basic Salary as per Regulation 97 of the CORT.

8.2Travelling expense.

Reimbursement of travelling expenses shall be paid as per Regulations 98, 99,100,101,102 and 103 of the CORT.

9.PROMOTIONS

9.1Parties agree that promotion of members shall be in accordance to Career Progression Guidelines in force.

9.2To standardize the terms and conditions of service and align the grading structure with the Job Evaluation results of 2016, parties hereby mutually agree to replace the Schemes of Service for Teachers and to formally adopt the provisions of the Career Progression Guidelines as per the employer’s Circular No. 7 of 2018 dated 2nd May 2018 at Appendix-7.

9.3Further, the employer shall endeavor to promote members serving in ASAL and hard to staff areas holding administrative positions progressively until they attain grades that are commensurate to their respective positions. Meanwhile, they shall be retained in their current stations/areas until attainment of the substantive grades.

9.4For purposes of clause 9.3 above, ASAL and hard to staff areas shall include:

a)Baringo North, Tiaty East, Tiaty West and Marigat sub-counties in Baringo County.

b)Garissa County

c)Suba and Mbita sub-counties in Homa Bay County

d)Isiolo County

e)Mashuuru, Loitoktok and Kajiado West sub-counties in Kajiado County

f)Kwale County

g)Magarini and Ganze in Kilifi County

h)Lamu County

i)Mandera County

j)Marsabit County

k)Mumoni, Mutito North and Tseikuru Sub-Counties in Kitui County

l)Narok South and Narok North sub-counties in Narok County

m)Samburu County

n)Taita Taveta County

o)Tana River County

p)Turkana County

q)Wajir County

r)West Pokot County

10.TRANSFERS

10.1The parties agree that transfer of members shall be done in line with Part V of the Code of Regulation for teachers.

10.2.1Availability of vacancies in the proposed station;

10.2.2The need for a suitable replacement;

10.2.3Need for equitable distribution and optimal utilization of teachers;

10.2.4Existing staffing norms; and

10.2.5Proof of marriage.

14.CAREER PROGRESSION

Parties agree that career progression shall be based on the Career Progression Guidelines in force.

15.DISCIPLINE

The parties have agreed that the Discipline of members shall be undertaken as provided under Part XI of the Code of Regulations for Teachers and Code of Conduct and Ethics for Teachers.

16.EXIT FROM THE TEACHING SERVICE

16.1A member may exit service through any of the following means:

16.1.1Resignation

16.1.2Retirement

16.1.3Redundancy

16.1.4Termination

16.1.5Dismissal

16.1.6Transfer of service

16.1.7Release to other organizations

16.1.8Death

16.2The parties have agreed that the exit from service by members shall be undertaken as provided under Part Xll of the Code of Regulation for Teachers.

17.CERTIFICATE OF SERVICE

The Commission shall in accordance with the Employment Act issue a Certificate of Service to a member exiting the service of the Commission.

23.REVIEW OF RECOGNITION AGREEMENTS

23.1Taking into consideration the new constitutional and statutory framework in the labour sector and the provisions of ILO Convention 98 on the right to organize and collectively bargain, parties hereby mutually agree:

23.1.1To jointly review their Recognition Agreement to align it with the obtaining constitutional, institutional and legal framework in the teaching service.

23.1.2That the review of the Recognition Agreement will enable the union to have a defined constituency protected by law.

23.1.3That parties will engage in structured negotiations for specific and defined constituency of the Union as required by law.

23.1.4That the reviewed recognition agreement shall form part and parcel of this Agreement and shall be registered in the Employment and Labour Relations Court as an addendum to this Agreement.

24.AMENDMENT/VARIATION

24.1In the event that any provisions of this Agreement are to be modified after the Agreement has been signed, the modifications shall be by mutual consent of parties, made in writing and signed by the authorized representatives of the Parties.

24.2Notwithstanding sub-clause 24.1 above, any variation and/or amendment of this agreement affecting remuneration and benefits shall be subject to the Salaries and Remuneration Commission’s advice.

25.GOVERNING LAW AND JURISDICTION

This Agreement shall be subject to the laws of Kenya and parties shall submit to the jurisdiction of the Kenyan Courts where appropriately invoked.

26.COSTS

Each party shall bear its own costs incidental to the negotiation, preparation, settling, signing and implementation of this Agreement.

APPENDICES

TEACHERS SERVICE COMMISSION

Telephone: Nairobi 2892000

Email: info@tsc.go.ke

Web: www.tse.go.ke

When replying please quote

Ref No:

TSC/ADM/ I 92A/VOL.IX/37

CIRCULAR NO: 7/2018

TO: All TSC County Directors

All TSC Sub-County Directors

All Principals, National Polytechnics

All Principals, Technical Training Institutes

All Principals, Institutes of Science 81 Technology

All Principals, Diploma Teacher Colleges

All Principals, Primary Teacher Training Colleges

The Director, CEMASTEA

The Director, Kenya Institute of Special Education

The Chairperson, KEPSHA

The Chairperson, KESSHA

The Commission has developed Career Progression Guidelines for the teaching service which became operational with effect from 8th November, 2017.

These Guidelines provide for the policies and procedures that have standardized teachers7 professional development. The grading structure has taken into account the ]ob Evaluation report.

The Guidelines provide all basic requirements for career progression, training and promotion of teachers.

Pathways for teachers have been defined and clear job descriptions/specifications have been provided at every level.

The Guidelines have provided the broad framework in school management, administration and ensure that curriculum implementation is structured and every teacher is clear on what is expected upon joining the teaching career.

The Guidelines effectively replaces the following:

(i)Schemes of Servicefornon-Graduate teachers

(ii)Schemes of ServiceforGraduate teachers

(iii)Schemes of ServiceforTechnical teachers andLecturers

The comprehensive Career Guidelines have been uploaded for access on the TSC Website www.tsc.go.ke. All teachers and Education stakeholders are advised to read the provisions in the Guidelines.

The following are the major highlights:-

(i)Minimum entry requirement for entry into the teaching profession;

(ii)Basic requirement for promotionfromone grade to another;

(iii)Entry to Administrative Grade;

(iv)Additional responsibilities for School Administrators; and

(v)Requirements for deployment toteachin:-

(a)Primary School

(b)Secondary School

(c)Teacher Training College

(d)Special Institution

(e)Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA)

(f)Kenya Institute of Special Education (KISE)

(g)Technical Colleges and Polytechnics

AH employees of the Commission and any prospective professional teacher is advised to note the strict entry requirements that form the standards for the teaching profession.

DR NANCY NJER1 MACHARIA, CBS SECRETARY/CHIEF EXECUTIVE