Updates on the latest school reopening, including sight modifications.
Current information about school reopenings, If the government does not resolve the issues that teacher unions have brought up, especially those related to the salary agreement and confirmation of Junior School (JS) instructors, then things may not be back to normal when the schools reopen for the third term.
The situation is dire; there is less and less hope that the two problems will be resolved. When Dr. Nancy Macharia, the top executive of the Teachers Service Commission (TSC), went before the Julius Melly-led Education Committee in the National Assembly on July 17, 2024, she completely destroyed all optimism.
In her statement, Dr. Macharia argued that several important operations, including the implementation of the second phase of the 2021–2025 Collective Bargaining Agreement (CBA), will be impacted by the recent budget cuts brought on by the rejection of Finance Bill 2024.
The Commission Secretary and CEO stated that the overall recurrent budget has been reduced by Ksh10.28 billion, the gross recurrent budget coming down from Ksh357.77 billion to Ksh347.49 billion.
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According to Dr Macharia, the budget reduction implies that the second phase of the teachers’ 2021-2025 CBA implementation, which was expected to commence in July this year, will delay.
“Ksh10,281,147,858 has reduced the recurrent budget. This reduction will impact the compensation of teaching service employees.
As a result, the commission will not be able to implement the second phase of the 2021-2025 amended CBA between the commission and the teachers’ union,” she said.
And to add insult to injury, the commission noted further that due to the budget cuts, the confirmation of 46,000 intern teachers in Junior Secondary Schools (JSS) – Moguls – has been pushed to October instead of July, while employment of 20,000 more will be pushed to January next year.
“The conversation of 46,000 intern teachers to permanent and pensionable and recruitment of 20,000 teachers is proposed for the months of October 2024 and January 2025 respectively,” she said.
Teachers’ welfare
As per the commission, a shortfall of Ksh11.89 billion (Ksh11,899,413,833) in the provision for the medical cover, group life, group personal accident, and Work Injury Benefit Act (WIBA), which was reduced by 50 per cent from its 2024/2025 financial estimates, will further hamper its effective operation.
The Commission Secretary and CEO stated that the overall recurrent budget has been reduced by Ksh10.28 billion, the gross recurrent budget coming down from Ksh357.77 billion to Ksh347.49 billion.
According to Dr Macharia, the budget reduction implies that the second phase of the teachers’ 2021-2025 CBA implementation, which was expected to commence in July this year, will delay.
“Ksh10,281,147,858 has reduced the recurrent budget. This reduction will impact the compensation of teaching service employees.
As a result, the commission will not be able to implement the second phase of the 2021-2025 amended CBA between the commission and the teachers’ union,” she said.
And to add insult to injury, the commission noted further that due to the budget cuts, the confirmation of 46,000 intern teachers in Junior Secondary Schools (JSS) – Moguls – has been pushed to October instead of July, while employment of 20,000 more will be pushed to January next year.
“The conversation of 46,000 intern teachers to permanent and pensionable and recruitment of 20,000 teachers is proposed for the months of October 2024 and January 2025 respectively,” she said.
Teachers medical contracts
“The teachers’ medical contract is a three-year framework now in the second year of implementation.
The third year is expected to begin from December 1, 2024 at a cost of Ksh20.668 billion.
Therefore, the current allocation is inadequate to enable the Commission to meet its financial commitment for Year 3 of the Contract.
Further, there will be no group life, group personal accident and WIBA covers for teachers owing to lack of provision,” said Dr Macharia.
She noted further that the reduction of Ksh262,452,501 on training expenses will also impact on the commission’s ability to train teachers on Competency Based Curriculum (CBC) since it will be forced to review the number of teachers to be trained.
Dr Macharia stated further that the reduction of Ksh38 million on development expenditure will affect the completion of the commission’s county offices, specifically in Machakos and Kilifi counties.
The budget cuts therefore imply that there will be delayed payments of contractors upon raising the completion certificate, accumulating pending bills.
Strike notice
After this revelation, the Kenya Union of Post Primary Education Teachers (KUPPET) immediately gave a seven day strike notice signed by Secretary General Akelo Misori after a meeting of the National Executive Board.
They demanded the immediate disbursement of all overdue funds for the teachers’ medical scheme, which has not been remitted for more than six months, resulting in nearly all private and mission hospitals withdrawing from the scheme.
The other issue is the full implementation of the 2021-2025 CBA as amended by the Addendum of August 2023, with the union stating that the agreement, which gave teachers peanuts, went through the full legal process, including registration at the Employment and Labour Relations Court.
Further, the union demands the 46,000 intern teachers must be given confirmation letters by the end of this month (July) and their upgraded July salaries be reflected in their accounts soonest thereafter.
The final issue is the immediate employment of 20,000 new teachers for JSS, which will still have shortfalls as there will be understaffing by nearly 73,000 teachers.
“KUPPET rejects the excuses being advanced through innuendo in the media to the effect that these projects have been affected by the withdrawal of the Finance Bill 2024.
The government’s goal should be the removal of wastage in its operations, not the withdrawal of benefits to workers,” said Misori.
NSSF deductions
Another thorn in the flesh might be the recent directive by TSC to have teachers mandatorily contributing to the National Social Security Fund (NSSF).
The teachers currently contribute to the Public Service Superannuation Scheme (PSSS), which replaced NSSF for teachers in 2021, where they are currently being deducted 7.5 per cent from their salary.
“The circular from the employer is in total defiance of the ongoing court case on the legality of NSSF on our members’ payslips. Already, teachers below 45 years by January 2021 are paying a provident fund.
If this fund is truly safe, why is the employer bothering us with another retirement scheme? Is there something they are not telling us on this double retirement plan?” posed Sabala Inyeni, KUPPET Vihiga Executive Secretary.
The same was supported by Orwa Jasolo, KUPPET Migori Executive Secretary, who said “teachers are already in a more superior pension scheme – provident fund. We do not need to be in two pension schemes, and this matter has been taken to court by KUPPET.”
In the directive, the commission instructs all teachers in its payroll to register as members of NSSF before July 31, 2024, further requiring those who are not yet registered to physically visit their nearest NSSF branches or Huduma centres with their National Identification Card for registration.
“The National Social Security Fund (NSSF) is a statutory body established under NSSF Act No. 45 of 2013.
The Fund provides for workers’; Social Security benefits, Survivor benefits and Invalidity benefits.
The Commission in compliance with the NSSF Act No. 45 of 2013, effected on its payroll deductions for onward remittance to NSSF in the month of July 2023,” read the circular.
No option
“These deductions are applicable to all employees on the Commission’s payroll, irrespective of whether the employee is registered with NSSF or not.
To this end, it is the individual responsibility of all employees to ensure that they are registered with NSSF so that their monthly contributions can be credited to the individual employee NSSF accounts,” it added.
Update on INTERN
KUPPET Secretary General Akelo Misori speaks at a past event.
The circular further asked the commission’s field officers to liaise with their respective NSSF branch offices to send registration teams to a convenient location where unregistered teachers can physically avail themselves.
Going by a notice issued by NSSF January this year, the teachers will have to part with between Ksh420 and Ksh1, 740 from their payslips.
The notice also indicated lower limits or the amount that is considered the lowest pensionable salary, which was raised to Ksh7, 000 from Ksh6,000.
This category of employees now contributes Ksh420 from the previous Ksh360.
The Upper Earnings Limit was also hiked to Ksh29,000 from the previous Ksh18,000, the NSSF deduction being Ksh1,740.
Previously, this cadre used to contribute Ksh1,080 plus a similar amount by the employer.
Currently, the lowest earning teacher in the country at Grade B5 TSC-Scale 5 takes home between Ksh22,793 and Ksh28,191.
In 2022, the Employment and Labour Relations Court (ELRC) invalidated the 2013 NSSF after it was found to be unconstitutional.
However, in 2023, the Court of Appeal reversed this decision after finding the Labour Court lacked jurisdiction to hear the original case.
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