Teachers to get the withheld July salary
06 August 2013, 08:20
Nairobi - The government will pay teachers the withheld July salary on the basis that they teach for the time they were illegally absent from school.
President Kenyatta said teachers agreed to extend school terms by a total of 2 weeks, one at the end of second term and another at the end of third term, to make up for time lost.
Speaking after a follow-up meeting with officials of Kenya National Union of Teachers (TSC), Salaries Remuneration Commission and Teachers Service Commission (TSC) at State House Nairobi, the President said teachers had further agreed to teach during the second and third terms to bring schools up to speed with the time lost.
He urged KNUT to work with the TSC to ensure that teachers’ attendance in schools improves beyond the “bleak picture of the 50 percent” painted in a recent report.
He said KNUT agreed to work closely with the Ministry of Education, Science and Technology to support the implementation of the laptop Project to ensure the integration of ICT into the entire education sector in the country.
Further, KNUT accepted to work with the TSC in the delivery of quality education standards and services.
Citing the relevant provisions of the law, President Kenyatta said the teachers’ strike became illegal and unprotected from the time KNUT failed to respect the Industrial Court order and call off the strike.
He therefore said the position taken by the Government to withhold pay for the days they did not work in July is lawfull as reinforced by the Salaries Review Commission.
“Under Section 79 (6) of the Labour Relations Act (2007), no employer is obliged to pay an employee for services not rendered during a protected (legal) strike.” He added.
He further said, “In addition, the Employment Act 2007 Section 17 states that “an employer shall pay the entire amount of the wages earned by or payable to an employee in respect of work done by the employee in pursuance of contract of service directly”.
President Kenyatta said under the law, KNUT and other unions have available clear dispute resolution mechanisms.
They include reporting a dispute to the cabinet secretary for labour and various avenues for negotiations.
The President told trade unions to abide by the Collective Bargaining Agreements and to use the dispute resolution mechanisms before taking industrial action.
He said due adherence to the laid out mechanisms in law, including dispute resolution will form the basis for government engagement in any future disputes with trade unions.
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