(iii) KNUT wishes to remind the Commission that the KBA`s primary objective is to ensure that both parties (KNUT/TSC) work harmoniously on negotiations on teacher terms of service in order to improve teaching standards and teaching performance. The process of recognizing a union is provided for in Sections 2 and 54 (1) of the Labour Relations Act, 2007, Laws of Kenya. A recognition agreement refers to a written agreement between a union and an employer, a group of employers or an employer organization that regulates the recognition of the union as a representative of the interests of the unionized employees of the employer or members of the employer organization. The ILO Convention (No. 154) finds that collective bargaining is a process by which employers and workers` representatives (unions) determine working conditions and conditions of employment; and/or regulate the relationship between employers and workers; and/or regulate relations between employers or their organizations and a workers` organization or workers` organization. A collective agreement is defined in the Labour Relations Act as “a written agreement on all terms of employment between a union and an employer, a group of employers or an employer organization.” A collective bargaining process precedes it. The Commission is ready to propose a 20% increase for both home-travel and holiday allowances. It is also interested in maintaining the current clusters, which are used to determine teachers` living allowances, but are revised upwards by 10 per cent. The Central Bank of Kenya assured in March that the Covid 19 pandemic would probably not affect the country`s inflation, but with the appearance of things, the scourge is already hurting the pockets of low-income people, including civil service teachers. The impact of the pandemic, coupled with other economic factors, is expected to exacerbate Kenya`s sad history of inflation – the reason why teachers` pay increases need to be negotiated.
There will be a counter-proposal from the employer before the Src Board is sought to pave the way for the signing of the agreement. The Union calls for the postgraduate programme to be developed and eligible for all teachers with master`s and doctoral degrees. These teachers receive an allowance equal to 40% of the basic salary. More details show that the union is trying to ensure that a master`s degree holder receives a 20 per cent increase, linked to their base salaries and 40 per cent to PhD students. The current revaluation of TSC teachers has led to the demolition of some occupational categories and the merger of others. In the new teacher-note system, the P1 grade, which was under the status of Job Group G, was abolished and replaced by grade B5. This class has been defined as a new entry grade for all primary school tutors. The primary objective of these negotiations is to reach a collective agreement governing the terms of employment. Collective agreements may also address the rights and obligations of the parties, thereby ensuring harmonious and productive employment. Improving the integration of collective bargaining and collective agreements is a good way to reduce inequality and increase labour protection. Under Section 60, collective agreements must be signed on the labour tribunal.
The agreement is filed with the employment tribunal for registration by the employer or the employer organization, although the bid may be made by a union due to an employer failure.